How is public property used and managed in terms of housing?

In the draft Decree on detailing and guiding the implementation of certain provisions of the Housing Law, the Ministry of Construction proposes general regulations on the management and use of housing under state-owned property.

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General regulations on the management and use of publicly owned housing

The agency responsible for the management of publicly owned housing, the responsibilities of the agency managing publicly owned housing

According to the draft, the agency managing old publicly owned housing is the representative of the owner of the housing specified in Article 14 of the Housing Law, which is responsible for managing the use of housing, including:

For central agencies, ministries, and central agencies, it is the agency assigned the function of managing housing for the central agency of that ministry or agency;

For localities, it is the agency managing housing at the provincial level (Department of Construction);

For education institutions that have been assigned the management of student dormitories before the effective implementation of the 2005 Housing Law, the education institution is responsible for managing.

The agency managing publicly owned housing is responsible for reviewing, compiling statistics, and classifying the housing that is assigned to its management; receiving self-managed housing transferred by central agencies according to the provisions of this Law; preparing maintenance plans, renovation plans, or housing reconstruction plans for submission to the representative agency of the owner for consideration, decision, or implementation of maintenance plans if assigned by the representative agency of the owner;

Establishing and keeping records of housing and providing a set of completion records (for new construction) or redrawn records (for old housing in accordance with the provisions of the Housing Law) to the management unit for housing operations; reporting to the representative agency of the owner of housing on the decisions specified in Clause 1 of Article 14 of the Housing Law; signing contracts for sale or lease-purchase of managed housing.

The agency managing publicly owned housing is responsible for inspecting and handling violations within its jurisdiction or proposing that the competent authority handle violations related to the management and use of publicly owned housing.

Management of revenue from leasing and selling publicly owned housing

The revenue from leasing and selling publicly owned housing is used to implement the maintenance and development of the publicly owned housing fund according to the following provisions:

For the revenue from leasing housing, it must be used for the purpose of maintenance and management of the state-owned housing being leased;

For the revenue from selling housing, after deducting the expenses for organizing the sale of the housing, the seller must remit the amount to the state budget according to the current budget allocation, except for old housing owned by the Ministry of National Defense and managed by it for the purpose of reinvesting in the construction of social housing owned by the state in the area.

For old housing owned by the Ministry of National Defense and directly sold to the tenants, the amount must be remitted to the account managed by the Ministry of National Defense for reinvestment in the construction of social housing for the subjects specified in Clause 7 of Article 74 of the Housing Law; The Ministry of National Defense is responsible for seeking the unified opinion of the Ministry of Construction on the use of this funding and the construction of housing before implementing the construction of housing; after completing the construction of housing, the Ministry of National Defense is responsible for reporting to the Ministry of Construction for summarizing and reporting to the Prime Minister.

The Ministry of Finance is responsible for leading and coordinating with the Ministry of Construction in instructing the use of the revenue obtained from the leasing of housing for maintenance and management of leased housing; instructing the expenses for organizing the sale of publicly owned housing according to the regulations.

Nhat Quang