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HANOI PEOPLE'S COMMITTEE  SOCIALIST REPUBLIC Of VIETNAM
     No. 1403 QD/UB       Independence-freedom-Happiness
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                                Hanoi, 16th April, 1994

DECISION
PROVIDING PROVISIONAL TIPULATIONS ON ORGANISATIONS AND ORGANISATION AND INDIVIDUALS RENTING STATE-OWNED HOUSES fOR SUB-RENTAL TO fOREIGNERS AS HEAD OfFICES, REPRESENTATIVE OfFICES OR RESIDENTIAL DWELLINGS IN HANOI

THE HANOI PEOPLE'S COMMITTEE

• Pursuant to the Law on Organization of the People's Council and the People's Committee;

• To implement Decree No. 389/HDBT dated 10 November 1990 of the Council of Ministers (now the Government), issuing the Regulation on renting housing and hiring a work force for foreigners and overseas Vietnamese residing in Vietnam.

• Pursuant to Circular No. 03/TT/LB dated 8 April 1991 of the Interministries of Construction-Labour, War Invalids and Social Affairs - Interior - finance giving guidance for the implementation of the Regulation on renting housing and hiring a work force for foreigners and overseas Vietnamese residing in Vietnam.

• Pursuant to Inter-ministerial Circular No. 03/TT-LB dated 13 May 1992 of the Ministry of Construction - The State Pricing Commission, stipulating the minimum prices for housing rental applied to foreigners and overseas Vietnamese residing in Vietnam.

• On the proposal of the Director of the Urban Housing and Land service, stated in Submission No. 995/ND dated 20 May 1994.

DECIDES

• Article 1 : To issue in connection with this Decision a provisional stipulation on the issues of organizations and individuals using rented State owned houses (managed by the Housing and Land Service) for subrent to foreigners to be the representative off ices or head-offices or residential dwellings in Hanoi.

• Article 2 : This Decision shall go into effect from the signing date. All previously issued documents of the Urban People's Committee, which are contrary to this Decision shall be hereby repealed.

• Article 3 : The Head of the Urban People's Committee's Office, Directors of the Housing and Land Service, concerned branches and departments of the city, the Chairmen of the People's Committees of districts and the organizations and individuals renting th e State owned houses for sub-rental to foreigners, shall be responsible for the implementation of this Decision.

• for Hanoi People's Committee
• Chairman

• LE AT HOI
• (Signed)

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HANOI PEOPLE'S COMMITTEE   SOCIALIST REPUBLIC Of VIETNAM
                           Independence-freedom-Happiness



                   PROVISIONAL STIPULATION
 ON ORGANIZATIONS AND INDIVIDUALS THAT RENT STATE OWNED
 HOUSES  fOR  SUB -RENTAL TO fOREIGNERS AS HEAD-OfFICES,
 REPRESENTATIVE  OfFICES,   OR  RESIDENTIAL   DWELLINGS
                         IN HANOI
(ISSUED IN CONNECTION WITH DECISION NO.1403/QD-UB DATED 
                       16 JULY 1994)  

• Chapter I

• GENERAL PROVISIONS
  • Article 1 : All organizations comprising enterprises, offices, associations and individuals, renting state owned houses managed by the housing and land branch, shall in the case of being permitted by the competent housing business and rental body, be enti tled to sub-rental to foreigners and must register at the Housing and Land Service. The Housing and Land Service shall guide the formalities and grand permission for the sub-rental.

  • Article 2 : It is permitted to exploit the available state owned housing area, including that being used by organizations and individuals by rental contracts, lawful self-financed built areas, to partially meet the housing rental demand of foreigners in H anoi. All organizations and individuals sub-renting must be subject to this Stipulation.

  • Article 3 : Houses subject to the claim decision of the Government and the Urban People's Committee and houses in dispute, pending resolution, shall not permitted for sub-rental.
• Chapter II

• DETAILED STIPULATIONS
  • Article 4 : All organizations and individuals having a housing area for sub-rental to foreigners, shall be subject to all conditions stipulated in Decree No. 389-HDBT dated 10 November 1990 of the Council of Ministers and Circular No. 03/TT/LB dated 8 Apr il 1991 of the Inter-ministries of Construction-Labour, War Invalids and Social Affairs - Interior - finance. The sub-rental of organizations and individuals shall be carried out only after being approved in writing by the city's People's Committee, or th e Housing and Land Service (in the case of being entrusted).

  • Article 5 : In addition to the responsibilities and obligations stipulated in Decree No 389/HDBT and Inter ministerial Circular No 03 TT/LB (stated in section 4, Article 1, part A), the person renting State owned property for sub-rental shall have to cont ribute an amount to the housing development fund of the City, collected by the housing business company where the house is located.

    The contribution shall be calculated in one of the following 2 ways :

    • a. If the sub-rental apartment being the rental area of the State, has been partially improved and upgraded by the user to ensure the stipulated requirements, in the case of sub-rental, the user shall have to pay 20% of the rent stated in the sub-rental c ontract.

    • b. If the sub-rental apartment comprises both the rented area of the State and the self-built area of the user in accordance with the construction permission of the competent level, the contribution to the State budget shall comprise two parts :
      • + for the area rented of the State, 20% of the rent and not less than the minimum price stipulated in the Circular No. 03/TT-LB dated 13 May 1992 jointly issued by the Ministry of Construction - the State Pricing Commission.

      • + for the area built by the user, 5% of the rent must be paid to the State.
  • Article 6 : The persons who rent houses as a working place or accommodation must fulfill conditions and responsibilities stipulated in Decree No. 389/HDBT dated 10 November 1990 and Inter-ministerial Circular No. 03/TT/LB dated 8 April 1991.

  • Article 7 : Organizations, individuals renting state owned houses managed by the housing and land branch, now being promoted for sub-rental must sign contract through the housing business company belonging to the Housing and Land Service and shall have to pay a service charge of 6% of the rent stated in the contract (of which, the Housing and Land Service shall spend 1% for the implementation of the permission registration.

• Chapter III

• PROVISIONS fOR IMPLEMENTATION
  • Article 8 : The Housing and land service, External Economic Relation Service, Police Service, financial-Pricing Service, Tax Service of Hanoi, the People's Committee of districts, quarters and the concerned branches, shall closely cooperate to inspect and deal with breaches in accordance with Decree No 389/HDBT dated 10 November 1990 of the Council of Ministers and Interministerial Circular No. 03/TT/LB dated 8 April 1991 jointly by the Ministries of Construction - Labour, War Invalids and Social Affairs - Interior - finance.

  • Article 9 : The Housing and Land Service shall be assigned to give guidance on formalities for housing rental registration, receive application forms and grant permission, sum up and make six-monthly reports to the City's People's Committee on the housing rental situation, in connection with proposal (if any) to the concerned ministries.

  • Article 10 : All organizations, individuals previously using rented houses of the state for sub-rental by foreigners, must re-fulfill the formalities in accordance with the Stipulation within two months from the date of signing this Decision. for organiz ations and individuals using the area of the state for sub-rental to foreigners without registering with the Housing and Land Service and paying fees, the rented area of the state shall be claimed back.

  • Article 11 : The Head of the Urban People's Committees, Director of Housing and Land Service, Directors of the People's Committees of districts and all organizations and individuals renting the state owned houses for sub-rental to foreigners, shall be res ponsible for the implementation of this Stipulation.

  • for the Hanoi People's Committee
  • Chairman

  • LE AT HOI
  • (Signed)