On March 28th, 2019, the Government issued Decree No. 30/2019/ND-CP amending and supplementing a number of articles of Decree 99/2015/ND-CP guiding the Law on Housing. The Decree takes effect on May 15, 2019.
Accordingly, Decree 30/2019/ND-CP additionally stipulates the time to arrange the use of old houses under the ownership of houses, as follows:
1. In case the person is actually using the house, has a house-renting contract and is named in this house-renting contract, the time of arranging the house use is determined as follows:
If the time of arranging the use of the dwelling is stated in the lease contract, it shall be determined according to the time stated in the contract;
If the housing lease contract does not state the time when the house is used, it will be determined by the time of signing the contract;
If the contract is renewed or the lease contract is renewed, the time of use arrangement is determined by the time stated in the first contract;
If the person directly using the house has papers proving that he has paid the housing rent before signing the house lease contract, the time of arranging the house use is determined by the time of payment of the housing rent; In case, when signing a house-renting contract, the competent agency has retrospectively collected the house rent (with papers proving the collection of house rent arrears), the time of arranging the house use shall be determined according to the time of calculation of housing arrears collection;
If the person directly using the house has a decision or a distribution document to arrange to use the house (hereinafter referred to as a layout document) and named in that document before the time of signing the contract when renting a house, the time of use arrangement is determined according to the time of writing in the layout-use document; If the written layout is not used, the time of writing shall be determined according to the time of issuance.
2. In cases where they are actually using houses, having no house-renting contracts but having names in the layout documents, the time of arranging the use of houses is determined according to the time inscribed in such documents; If the written layout is not used, the time shall be determined according to the time of issuing this document.
3. In cases where the actual use of a house subject to the right to rent a house is actually used (with a house lease contract or a written arrangement to use the house but not named in the contract or in that document), The time of arrangement of house use is determined according to the time when the first person is named in the contract or the document on the arrangement of use of the house.
Thus, the addition of regulations on determining the time of allocation of old state-owned houses is an essential factor and a legal basis for people as well as responsible state agencies exercise their rights and obligations.