Chapter 3:
IMPLEMENTATION
Article 10. If, by the effective date of this Resolution, the owner of the property put under management or put into use by the State according to Article 2 of Resolution No.23/2003/QH11 does not have a place to live or have one but the average area is less than or equal to 6 m2 per capita, the provincial People's Committee shall provide housing for them to lease or purchase by installment.
Article 11. Funding for implementing this Resolution shall be provided as follows:
1. Central government budget shall cover payment for the property being managed or used by regulatory agencies, political organizations, socio-political organizations, socio-professional organizations affiliated to central authorities or those being used or managed for the purposes of national defense and security, national and public interests by centrally-affiliated entities;
2. Local government budget shall cover payment for the property being managed or used by regulatory agencies, political organizations, socio-political organizations, socio-professional organizations affiliated to local government authorities or those being used or managed for the purposes of national defense and security, national and public interests under management of locally-affiliated entities or property provided for other entities for stable use by the State or those of which ownership is transferred to other entities as per law provisions.
If the local government budget mentioned above is inadequate for the payment, the provincial People’s Committee shall determine specific amount of funding from central government budget;
3. Project investors shall make payment for property under the land clearance order for the purpose of economic development or urban renewal;
4. Social organizations, socio-professional organizations and economic organizations shall make payment for the property compulsorily purchased by the State and houses entitled to be returned are currently under management and use of such organizations.
If social organizations and socio-professional organizations specified herein do not have adequate funds for payment, they should request a specific funding amount from central or local government budget;
5. The Ministry of Construction shall send a consolidated report on demand for funding for payment specified herein to National Assembly for consideration at annual National Assembly's meeting about budget allocation.
Article 12. Applications for reclaiming houses or payment shall be specified as follows:
1. The claimant of housing specified in Clause 1 Article7 hereof must have an application form for housing reclaiming with copies of original documents proving the house is entitled for reclaiming which are notarized by the State or certified by competent People’s Committee and documents proving that such house has been requisitioned by the State for a fixed period.
2. The claimant of payment mentioned in Article 6 hereof shall have send an application form for payment with copies of documents proving that their property has been compulsorily purchased by the State without payment or with partial payment which are notarized by the State or certified by competent People’s Committee.
For persons whose property is mentioned in Article 9 hereof, the application specified in Clause 1 this Article shall be used for payment as prescribed in Article 14 hereof.
Article 13. Procedures for returning houses as specified in Clause 1 Article 7 hereof shall be carried out as follows:
1. The claimant of housing shall send an application for housing reclaiming as specified in Clause 1 Article 12 hereof to housing management authorities affiliated to provincial People's Committees (hereinafter referred to as "provincial housing management authorities”). The provincial housing management authority shall check the application and actual state of the house to be returned and conditions for house reclaiming specified herein within 90 days from the day on which the satisfactory application is received;
2. According to the result of inspection of application and actual state of the house and consent to such result given by relevant parties, the provincial housing management authority shall request Chairperson of provincial People's Committee to issue a decision to return the house to it owners. If the application is accepted, the Chairperson of provincial People’s Committee shall issue a decision to return the house to its owner within 30 days from the day on which the request from provincial housing management authority is received.
The provincial People's Committee shall send a written response with clear explanation to the applicant if the application is rejected.
3. The provincial housing management authority shall return the house to the claimant of housing within 60 days from the day on which the decision on housing return is issued by Chairperson of provincial People's Committee. If persons receiving the house are co-inheritors of the homeowner, the record of house transfer shall be signed by such co-inheritors, except for the case in which these co-inheritors enter into a written agreement to appoint a representative to receive the house. Before transferring the house, the transfer agency shall take back the original document proving such house has been requisitioned by the State for a fixed term.
Article 14. Procedures for payment for compulsory purchase specified in Article 6 and compensation payment specified in Article 9 hereof shall be carried out as follows:
1. The claimant of payment specified in Article 6 hereof shall send an application for payment for house compulsory purchase to the provincial housing management authority. If such person is entitled to reclaim the house but such house is not eligible to be returned as specified in Article 9 hereof, the provincial housing management authority shall use the application specified in Clause 1 Article 12 hereof to carry out the payment procedure.
The provincial housing management authority shall take charge and cooperate with the financial agency affiliated to the provincial People’s Committee in checking the application for payment and conditions for receiving payment specified herein and determining the particular amount of money paid to each person and send a request to the Chairperson of provincial People's Committee for issuing a payment decision within 60 days from the day on which the satisfactory application is received;
2. If the applicant is found eligible to claim the payment, the Chairperson of provincial People’s Committee shall issue a payment decision within 30 days from the day on which the request from provincial housing management authority is received. The payment decision shall specify which agency is responsible for the payment; the provincial People's Committee shall send a written response with clear explanation to the applicant if the application is rejected;
3. The agency responsible for the payment shall make payment to the claimant of payment within 90 days from the day on which the payment decision is issued from the Chairperson of provincial People's Committee. It is required to issue an invoice for such payment as per law provisions.
If the money receivers are co-inheritors of the claimant of payment, the invoice shall be signed by such co-inheritors, except for the case in which these co-inheritors enter into a written agreement to appoint a representative to receive the money paid;
4. The agency responsible for the payment shall take back original documents specified in Article 12 hereof for storage purpose before making payment;
5. The Government shall specify the particular amount of funding for payment as prescribed herein.
Article 15. For property to be adjusted as specified herein but subject to the settlement decision issued by regulatory agencies before the effective date of this Resolution, the following actions shall be taken:
1. If the property has been put under settlement and completely settled in reality by a regulatory agency, it is not required to apply the regulations specified herein for re-settlement;
2. If the property has been put under settlement but not settled in reality by any regulatory agency, it shall be settled in compliance with regulations specified herein.
Article 16. Complaints arising in the course of implementation of regulations herein shall be settled as follows:
1. Chairpersons of People’s Committees of districts and provincially-affiliated cities shall handle complaints about the compliance with regulations herein performed by these People’s Committees resolve the first time. If the entities concerned dissent from the handling opinions of the aforesaid Chairpersons, they may send the complaints to provincial People’s Committees; Decision issued by Chairpersons of these People’s Committees shall be considered the final decision on complaint resolution;
2. Chairpersons of provincial People’s Committees shall resolve complaints about compliance with regulations herein performed by these People’s Committees for the first time; If the entities concerned dissent from the opinions of the Chairpersons mentioned above, they may send the complaints to the Minister of Construction; Decision issued by the Minister of Construction shall be considered the final decision on complaint resolution;
3. Complaints specified in Clause 1 and 2 this Article shall be sent within 60 days from the day on which the first decision on complaint resolution is received.
4. Complaints specified in Clause 1 and 2 this Article shall be handled within 30 days from the day on which the complaint dossier is received by the agency in charge of complaint resolution; If the Chairperson of People's Committee of district level or provincially-affiliated city fails to resolve the complaint as prescribed in Clause 1 this Article by the deadline mentioned above, such complaint may be sent to Chairperson of provincial People’s Committee; If the Chairperson of provincial People's Committee fails to handle such complaint within 30 days as specified in Clause 2 this Article, the complaint may be sent to the Minister of Construction.
The complaint shall be sent to the Minister of Construction within 30 days from the day on which the previous decisions on complaint resolution are received.
Article 17. This Resolution comes into force from the day on which it is signed.
Article 18. The Government shall provide guidelines for implementation of this Resolution in a consistent, public and transparent manner and finish such implementation before July 01, 2009, and send a report on results of implementation of this Resolution to the Standing Committee of National Assembly.
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)