Chapter VII
STATE MANAGEMENT OF HOUSES
Article 134.- Contents of state management of houses
1. To formulate and direct the implementation of orientations, programs, plannings and plans on housing development.
2. To promulgate legal documents on housing and organize the implementation thereof.
3. To promulgate house standards and manage house quality under house standards.
4. To recognize house ownership rights.
5. To permit or suspend the construction, renovation of houses.
6. To manage house dossiers.
7. To conduct surveys and statistics and build data on houses.
8. To research into, apply science and technology, and promote international cooperation in the housing domain.
9. To train human resources to meet housing development and management requirements.
10. To manage housing brokerage activities.
11. To manage house-related public services.
12. To examine, inspect and settle complaints and denunciations and handle violations in the housing domain.
Article 135.- Housing development orientations, programs and plannings
1. Based on socio-economic development programs, the Government shall promulgate orientations for national housing development, which shall serve as bases for formulation of specific policies to satisfy the people’s essential demands for improvement of housing conditions.
2. Based on national housing development orientations, housing policies, provincial-level People’s Committees shall draw up programs for housing development in their respective localities and submit them to provincial-level People’s Councils for adoption.
3. Povincial-level People’s Committees shall have to elaborate and approve plannings on residential areas and housing development and draw up plannings, plans on the use of land for housing development; direct the implementation of housing development programs, plannings and plans in their respective localities.
Article 136.- Promulgation of legal documents on housing
1. Based on the Housing Law, the national housing development orientations and the practical national socio-economic development situation, the Government shall promulgate legal documents on house management and use as well as housing development.
2. The central agency performing the state management of houses shall, within the ambit of its tasks and powers, have to promulgate or propose competent bodies to promulgate legal documents on house management and use as well as housing development.
3. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, promulgate legal documents on house management and use as well as housing development and organize the implementation of provisions of law on house management and use as well as housing development.
Article 137.- Permission, suspension of the construction, renovation of houses
1. Permission of house construction or renovation must be based on plannings on construction of urban centers and rural population quarters.
2. Presidents of provincial-level or district-level People’s Committees shall approve housing development projects in their respective localities according to decentralization.
3. House construction or renovation requires construction permits of competent state bodies, except the cases which are not subject to construction permits as provided for by the law on construction.
4. House construction or renovation which fails to comply with the provisions of Clauses 1, 2 and 3 of this Article shall be suspended by agencies competent to approve housing development projects or to grant construction permits.
Article 138.- Recognition of house ownership rights
1. Competent state bodies shall have to grant, change and re-grant house ownership right certificates to organizations and individuals that lawfully establish their houses under the provisions of this Law.
2. The central agency performing the state management of houses shall have to inspect and supervise the grant of house ownership right certificates throughout the country.
Article 139.- Management of house dossiers
1. Provincial-level house management agencies shall have to manage house dossiers defined in Article 66 of this Law, for cases where provincial-level People’s Committees grant house ownership right certificates.
2. District-level People’s Committees shall have to manage house dossiers defined in Article 66 of this Law, for cases where district-level People’s Committees grant house ownership right certificates.
3. House dossier-managing agencies shall have to supply information on house dossiers when so requested by organizations or individuals. The information requesters must pay charges therefor according to the provisions of law.
Article 140.- Surveys, statistics, building of data on houses
1. People’s Committees at all levels shall have to make statistics and build up data on houses in their respective localities in service of requirements of elaboration of housing development programs, plans.
2. Once every five years, the central house management agency shall conduct surveys and synthesize data on houses throughout the country.
3. The Government shall allocate budget for surveys, statistics and building of data on houses.
Article 141.- Scientific and technological research and application, and international cooperation in the housing domain
1. The State adopts policies to encourage and create conditions for scientific and technological research and application and international cooperation in service of housing development and management requirements.
2. The State shall provide funding supports for the application of new technologies, new materials in construction of houses to ensure construction quality, progress and cost reduction.
Article 142.- Training of human resources for housing development and management
1. The State adopts policies on training of cadres and public servants in service of housing development and management.
2. The central agency performing the state management of houses shall define the program contents and coordinate with provincial-level People’s Committees in organizing the fostering and raising of knowledge on housing development, business and state management for the contingent of cadres and public servants.
Article 143.- Management of housing brokerage activities
1. Organizations and individuals conducting housing brokerage activities must register their housing brokerage business activities according to the provisions of law.
2. The Government shall specify the conditions for participation in housing brokerage activities.
3. The central agency performing the state management of houses shall promulgate regulations on organization of housing estate brokerage activities.
Article 144.- Management of house-related public services
1. House-related public service-providing organizations shall be set up to meet the demands of organizations and individuals in house management and use.
2. The central agency performing the state management of houses shall issue regulations on house-related public services for nationwide application.
3. Provincial-level People’s Committees shall decide on the establishment of house-related public service-providing organizations and promulgate regulations on the operations thereof in their localities.
Article 145.- Inspection of the observance of law on housing
1. The specialized construction inspectorate shall have to inspect the observance of law on housing.
2. Local house management agencies shall have to inspect the observance of law on housing in their respective localities.
Article 146.- House management agencies
1. The Government shall perform the unified state management of houses.
2. The central agency performing the state management of houses shall be answerable to the Government for performance of the unified state management of houses.
3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, have to coordinate with the central agency performing the state management of houses in performing the state management of houses.
4. People’s Committees of all levels shall have to perform the state management of houses in their respective localities under the Government’s decentralization.
The Government shall define the model of housing development and management organizations, efficiently ensuring the attainment of housing development objectives specified in this Law.
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Luật Nhà ở 2005 (Bản Word)