Regulations on exploitation of houses and land as public assets not used for residence

Monitor and ensure effective use

This Decree regulates the management, use and exploitation of houses and construction works attached to land which are public assets not used for residential purposes (hereinafter referred to as houses and land) assigned to organizations with the function of managing and trading local houses for management and exploitation for the purposes of: renting houses (attached to land use rights); temporary management while waiting for the handling of houses and land according to the provisions of law.

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The Decree requires that the management, use and exploitation of houses and land must ensure efficiency, address the need for houses and land to serve the tasks of local economic and social development; be public, transparent and in accordance with the law.

The assignment of houses and land to organizations for management and business management and exploitation is carried out in the form of recording an increase in assets and the value of assets does not include the state capital component in the enterprise.

Organizations managing and trading houses; organizations and individuals renting houses; agencies, organizations and units that are arranged houses and land for temporary use must fully perform their responsibilities according to regulations.

The management, use and exploitation of houses and land must be supervised, inspected, checked and audited according to the provisions of law.

Any violation of the law on management, use and exploitation of houses and land must be promptly detected and strictly handled according to the provisions of law.

House rental method

According to regulations, the leasing of houses (associated with land use rights) by housing management and business organizations is carried out by auction, except for cases carried out by price listing method as prescribed below.

House rental is carried out by listing price for priority tenants.

Priority subjects include: Associations with special characteristics according to the provisions of the law on associations renting offices for working in cases where they do not have offices; establishments implementing socialization in the fields ofeducation - training, vocational training, health, culture, sports, and environment on the detailed list of types and meeting the criteria of scale and standards decided by the Prime Minister.

Other subjects are those who rent houses with rental amounts determined according to the provisions of Clause 1, Article 16 of this Decree at the time of determining the rental price of less than VND 50 million/year; Rent houses and land while waiting for handling according to the provisions of law.

Manage the proceeds from the exploitation of houses and land

The Decree stipulates that organizations and individuals who are managed and operated by a housing management and business organization are responsible for paying the full amount of rent to the housing management and business organization within the time limit specified in the Housing Lease Contract.

In case the payment deadline has passed and the organization or individual renting the house has not paid or has not paid in full, they must pay the late payment fee to the organization managing and operating the house.

Agencies, organizations and units that are allowed to use temporary houses and land are responsible for paying the temporary use costs of the houses and land to the organization that manages and operates the houses according to regulations.

The housing management and business organization is responsible for paying the full amount of money collected from the exploitation of the house and land (rent, late payment, temporary use costs of the house and land according to regulations), the amount collected from the installation of telecommunications works on the house and land of the housing management and business organization according to the provisions of the law on telecommunications arising in the month to the state budget before the 30th of that month.

Source: https://www.baogiaothong.vn/quy-dinh-khai-thac-nha-dat-la-tai-san-cong-khong-su-dung-de-o-19224082621164332.htm