Nghị định 30/2019/NĐ-CP sửa đổi Nghị định 99/2015/NĐ-CP hướng dẫn Luật Nhà ở

DECREE

AMENDING A NUMBER OF ARTICLES OF DECREE NO.99/2015/ND-CP DATED OCTOBER 20, 2015 OF THE GOVERNMENT ON GUIDELINES FOR IMPLEMENTATION OF THE LAW ON HOUSING

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Housing dated November 25, 2014;

At the request of the Minister of Construction;

The Government promulgates a Decree amending a number of Articles of Decree No.99/2015/ND-CP dated October 20, 2015 of the Government on guidelines for implementation of the Law on Housing. 

Article 1. Amending a number of Articles of Decree No.99/2015/ND-CP dated October 20, 2015 of the Government on guidelines for implementation of the Law on Housing as follows:

1. Article 57a below shall be added after Article 57 of Decree No.99/2015/ND-CP dated October 20, 2015 of the Government on guidelines for implementation of the Law on Housing (hereinafter referred to as “Decree No.99/2015/ND-CP) as follows:

 “Article 57a. Determining the date of allocation of old state-owned houses

1. If the old state-owned house is being used by a person (the occupant) who has a house lease contract in which he/she is the tenant, the housing allocation date shall be:

a) the housing allocation date specified in the house lease contract;

b) the date of conclusion of the house lease contract if such contract does not specify the housing allocation date;

c) the housing allocation date specified in the first contract in case the house lease contract is re-signed or renewed;

d) the date of payment of house rent in case the occupant has documents proving that he/she has paid the rent before signing the house lease contract; in case the competent authority has collected the house rent arrears when the house lease contract is signed (with supporting documents), the housing allocation date shall be the collection date.

dd) the date specified in the housing allocation document (if any) in which he/she is a recipient; the issuance date of the housing allocation document if it does not specify the housing allocation date.

2. If the occupant does not have a house lease contract but is the recipient in the housing allocation document, housing allocation date shall be the date specified therein; in case the housing allocation date is not specified in the housing allocation document, it shall be the issuance time of such document.

3. If the occupant is a transferee of house lease rights and has a house lease contract or housing allocation document in which he/she is not the tenant or recipient; the housing allocation date shall be the initial conclusion or issuance date of the house lease contract or housing allocation document.”

2. Clause 5 Article 60 of Decree No.99/2015/ND-CP shall be amended as follows: 

“5. An application for lease of an old house shall be processed within 30 days from the day on which the satisfactory application is received. The contract for lease of old house shall be valid for 05 years from the day on which it is signed, except for the case in which the lessee asks for a leasing period shorter than 5 years.

When the house lease contract expires but the lessee is still eligible for house lease and wishes to keep leasing the house, such contract may be renewed for the period of time equal to the previous leasing period, except for house appropriation as regulated by laws.”

Article 2. Transition clauses

1. If a house sale contract is signed before the effective date of this Decree, it is not required to re-determine the housing allocation date as specified herein.

If an application for house purchase is submitted before the effective date of this Decree but the parties fail to enter into a house purchase contract by that date, the housing allocation date shall be determined as specified herein.

2. House lease contracts that have lease periods contrary to those prescribed in this  Decree and are signed before the effective date of this Decree are not required to be re-signed.  If a house lease contract is renewed or re-signed by the effective date of this Decree, the leasing period comply with the regulations provided herein.

Article 3. Implementation

1. This Decree comes into force from May 15, 2019.

2. The Ministry of Construction shall provide guidelines for and organize implementation of this Decree.

3. Ministries, Directors of ministerial agencies and Governmental agencies, Chairpersons of People's Committees of provinces and centrally-affiliated cities shall take responsibility to implement this Decree./.

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