Amending some regulations on leasing houses that are public property

Specifically, Decree No. 286/2025/ND-CP amends and supplements a number of articles of the following 6 Decrees: Decree No. 108/2024/ND-CP dated August 23, 2024 of the Government regulating the management, use and exploitation of houses and land that are public assets not used for residential purposes assigned to organizations with the function of managing and trading local houses for management and exploitation.

Decree No. 02/2024/ND-CP dated January 10, 2024 of the Government on the transfer of power projects that are public assets to Vietnam Electricity Group was amended and supplemented by Decree No. 77/2025/ND-CP dated April 1, 2025 of the Government.

Decree No. 77/2025/ND-CP dated April 1, 2025 of the Government stipulating the competence and procedures for establishing the entire people's ownership of assets and handling assets for which the entire people's ownership has been established.

Decree No. 166/2017/ND-CP dated December 31, 2017 of the Government stipulating standards, norms and regimes for management and use of public assets of Vietnamese agencies abroad has been amended and supplemented by Decree No. 171/2024/ND-CP dated December 27, 2024 of the Government.

Decree No. 03/2025/ND-CP dated January 1, 2025 of the Government regulating the rearrangement and handling of public assets such as houses and land.

Decree No. 186/2025/ND-CP dated July 1, 2025 of the Government detailing a number of articles of the Law on Management and Use of Public Assets.

In particular, a notable content of Decree 286/2025/ND-CP is to amend and supplement a number of provisions in Decree No. 108/2024/ND-CP on leasing houses that are public assets not used for residential purposes, assigned to organizations with the function of managing and trading local houses for management and exploitation.

* Amend the priority subjects for renting houses that are public property

Decree 286/2025/ND-CP amends and supplements Point a, Clause 2, Article 10 of Decree No. 108/2024/ND-CP on leasing of public property houses, which is implemented by listing prices for priority tenants, including:

The organization is assigned tasks by the Party and the State according to the document of the competent agency or person to rent as a working office in case it does not have a working office;

Facilities implementing socialization in the fields of education - training, vocational training, healthcare, culture, sports, and environment are on the detailed list of types and meet the scale and standard criteria decided by the Prime Minister;

Cooperatives, cooperative unions, and cooperative groups that meet the criteria to enjoy State support policies as prescribed in the Law on Cooperatives and the Government's Decree detailing a number of articles of the Law on Cooperatives rent offices, warehouses, stores for buying, selling, displaying, and introducing products to serve production and business activities.

* Amendments and supplements to the procedures for exemption and reduction of house rent for priority subjects

Decree 286/2025/ND-CP also amends and supplements Clause 2, Article 16 of Decree No. 108/2024/ND-CP on procedures for exemption and reduction of house rent for priority subjects in a more detailed manner, with a specific time limit for settlement. At the same time, it clearly shows that the authority to issue policies belongs to the Provincial People's Committee (instead of the previous authority of the Provincial People's Council based on the proposal of the Provincial People's Committee). Specifically:

Based on local realities, the Provincial People's Committee shall prescribe preferential policies (exemption and reduction) of house rent for the prescribed priority subjects. The order and procedures for exemption and reduction of house rent are as follows: The person entitled to rent a house belonging to the priority subject shall submit a request for exemption and reduction of house rent with copies of records and documents proving that he/she is a priority subject, to the housing management and business organization.

Within 10 days from the date of receiving the complete prescribed documents, the housing management and business organization shall, based on the preferential policy (exemption or reduction) of house rent issued by the Provincial People's Committee, the application for exemption or reduction of house rent of the organization or individual renting the house and the attached documents and records, consider and decide to exempt or reduce house rent for the organization or individual renting the house.

* Reduce rent in accordance with the Government's land rent reduction policy

Decree 286/2025/ND-CP also adds Clause 2a after Clause 2, Article 16 of Decree No. 108/2024/ND-CP regulating land rent reduction for a number of subjects to comply with the provisions of the law on land. Specifically:

In case the Government regulates land rent reduction for certain subjects to implement socio -economic management measures as prescribed in Clause 2, Article 157 of the 2024 Land Law, the Provincial People's Committee shall decide to reduce house rent for such subjects but not exceeding the land rent reduction level as prescribed by the Government.

According to the Ministry of Finance, in practice, in order to manage the socio-economy, the Government regulates land rent reduction for a number of subjects according to the provisions of Clause 2, Article 157 of the 2024 Land Law (such as a 30% reduction in land rent for direct land lessees of the State in 2023, 2024...).

Therefore, to ensure fairness, it is necessary to stipulate that those who are renting houses from housing management and business organizations are also entitled to rent reduction incentives similar to the regulations on land rent reduction, with the authority decided by the Provincial People's Committee, but the reduction level must not exceed the land rent reduction level prescribed by the Government.

This Decree comes into force from November 3, 2025.

Source: https://baotintuc.vn/thoi-su/sua-doi-mot-so-quy-dinh-ve-cho-thue-nha-la-tai-san-cong-20251104203808148.htm