Chapter 2:
ACTIONS TAKEN IN CERTAIN CASES
Article 4. Previous management policies shall not apply to the property whose the owners are regulated by policies specified in Article 2 of Resolution No.23/2003/QH11 but is not put under management or put into use by any regulatory agency the effective date of this Resolution. Recognition of home ownership and land use right shall comply with law provisions.
Article 5. The property put under state management as regulated by policies on property management and socialist transformation before July 01, 1991 but not put into use in reality shall be settled as follows:
1. The property shall be no longer under state management if it is being used by a person who possesses documents proving that he/she:
a) is the property owner at the time such property is put under state management;
b) is granted a certificate of home ownership and land use right by a regulatory agency as per law provisions;
c) is the bona fide buyer or receiver of the property (as a gift) or person undertaking property conversion;
d) is a lawful inheritor of one of the persons specified in Point a, b and c this Clause;
dd) is authorized to manage the property as per law provision on the authorization date by persons specified in Point a, b, c and d this Clause;
2. For the case in which the property is being used by a person under lease or borrowing agreement or permission for stay before the day on which such property is put under state management or being used by a person who does not possess any of the documents specified in Clause 1 this Article, the People's Committee of the province shall complete legal procedures for claiming public ownership of such property. The current users the property may keep using such property and must exercise their rights and obligations in compliance with regulations on use of property under public ownership.
Article 6. For the case in which the property has been compulsorily purchased by the State but the payment is not yet made, whether in part or in full, the State shall pay the property owner or his/her inheritor under the following regulations:
1. In case no payment has been made, the State shall carry out valuation of the property in order to calculate the amount of money paid. The amount of money paid shall be determined according to the property's area at the time of compulsory purchase and prices for new construction of level 2 housing. If the house subject to the compulsory purchase order is a villa, the prices for new construction of level 2 villa specified by the provincial People's Committee at the payment time shall be applied;
2. In case the property has been partially paid for, the remaining amount of money payable shall be calculated on a percentage basis. Valuation of property shall be carried out as prescribed in Clause 1 this Article.
Article 7. For property requisitioned by the State:
1. Houses of family households or individuals not regulate by policies specified in Article 2 of Resolution No.23/2003/QH11 which have been requisitioned by regulatory agencies for a limited period of time shall be returned to their owners, except those specified in Article 9 hereof;
2. For the property which has been requisitioned by the State other than those specified in Clause 1 this Article, the provincial People's Committee shall complete legal procedures for claiming public ownership for such property. The current users of such property may keep using it and must exercise their rights and obligations in compliance with regulations on use of property under public ownership.
Article 8. Property without identifiable giver or are will not be put under state management. The current users of such property shall exercise their rights and obligations as per law provisions.
Article 9. If the property specified in Clause 1 Article 7 and Article 8 hereof is being used for national defense and security, national and public interests, economic development; demolished for re-construction; provided for other entities for permanent use or under public ownership; or their ownership have been transferred to other entities or those under clearance order according to the planning for urban renewal purpose, their owners or persons recognized to acquire property ownership shall receive a compensation or financial support for relocation as per law provisions in case of State’s appropriation of land, unless otherwise agreed.
Tìm kiếm
Nghị quyết số 755/2005/NQ-UBTVQH11 về việc giải quyết đối với một số trường hợp cụ thể về nhà đất trong quá trình thực hiện các chính sách quản lý nhà đất và chính sách cải tạo xã hội chủ nghĩa trước ngày 01/7/1991 (Bản Word)