Procedure for Leasing of Old State-Owned Houses

The Leasing of Old State-Owned Houses is a topic of interest for many individuals, households, and organizations given the increasing demand for public housing. Understanding the sequence, conditions, and dossiers not only helps citizens access policies correctly but also minimizes risks. This article provides an overview of the procedure according to current regulations.

Eligibility and conditions for renting old state-owned housing.

Decree 95/2024/ND-CP specifies the groups permitted to continue leasing or sign new lease contracts for old public houses.

Subjects

(Article 62, Decree 95/2024/ND-CP): Focuses on those actually using houses arranged by the State before January 19, 2007, including:

• Households/individuals actually using the house who have signed a lease contract.
• Households/individuals actually using the house without a contract but having a decision/document on housing arrangement, including cases under Decision 118/TTg (1992).
• Households/individuals actually using the house not belonging to the above two cases but having no dispute, not occupying illegally, and having proof of usage before January 19, 2007 (residence registration, house declaration, land use fee receipts).
• Subjects receiving the transfer of lease rights legally (including transfers after Jan 19, 2007).

Conditions

Article 63, Decree 95/2024/ND-CP:

• With Contract: Continue leasing unless there is no demand.
• No Contract but with Arrangement Document: Must have the arrangement document; no disputes.
• No Arrangement Document: Must prove no disputes/illegal occupation; present proof of usage before Jan 19, 2007.
• Transfer of Lease Rights: Must have written approval from the housing management agency; no disputes.

The competent authority is responsible for leasing old state-owned housing.

According to Section 2 of Decree 95/2024/ND-CP:

1. Housing Operation Management Unit: Receives dossiers, checks, and signs the lease contract.
2. Housing Management Agency: Appraises dossiers, prepares reports, and submits drafts to the owner’s representative.
3. Owner’s Representative Agency: Issues the Decision approving the lessee.

Required Dossier for renting old state-owned housing.

Based on Clauses 2 and 3, Article 65 of Decree 95/2024/ND-CP:

1. First-time Lease Contract:

• Request Form: Form No. 02, Appendix V, Decree 95/2024/ND-CP.
• Proof of Arrangement/Usage: Certified copy of arrangement decision or proof of usage before Jan 19, 2007.
• Transfer Documents (if any): Transfer agreement or approval document.
• Personal Papers: Marriage certificate (if applicable).
• Exemption/Reduction Papers: Proof of eligibility for rent incentives (if any).

2. Re-signing Lease Contract:

• Request Form: Form No. 02.
• Original Contract: The old signed lease contract.

Procedures for renting old state-owned housing.

According to Article 65 of Decree 95/2024/ND-CP:

Case 1: No Existing Contract 

Step 1: Submit 01 dossier set to the Operation Management Unit or Housing Management Agency. 

Step 2: The receiving agency checks validity. If incomplete, notifies supplementation within 05 working days. 

Step 3: Within 15 days, the Housing Management Agency appraises and submits a proposal.

 Step 4: Within 15 days, the Owner’s Representative Agency issues the Approval Decision. 

Step 5: The Operation Management Unit signs the contract with the lessee.

Case 2: Transfer of Lease Rights 

Step 1: Submit dossier.

 Step 2: Check validity.

Step 3: Public Announcement (for transfers before June 6, 2013): Post information for 30 days on media/portals. 

Step 4: Handle disputes (if any). 

Step 5: Obtain approval (for transfers from June 6, 2013 onwards): Housing Management Agency approves within 15 days. Step 6: Sign the contract.

Long Phan Consulting provides consulting services on procedures for leasing old state-owned housing.

Long Phan Consulting Company provides comprehensive legal solutions:

• Consulting & Evaluation: Analyzing existing dossiers against legal conditions; assessing approval probability and risks.
• Dossier Preparation: Guiding the collection of proof of origin/usage; drafting the Request Form and related documents; representing clients for notarization.
• Representation: Submitting dossiers and monitoring progress; explaining/supplementing dossiers; resolving disputes/complaints regarding lease rights.

Common Inquiries

What to do when the contract expires?

Submit a request to re-sign the contract at least 30 days before expiration. If eligible, the agency will notify the signing time within 15 days. (Legal Basis: Clause 6, Article 65, Decree 95/2024/ND-CP).

What if the actual area differs from the documents?

The Operation Management Unit will measure and re-determine the legal usage area. The actual data after appraisal will be the basis for the new contract. (Legal Basis: Clause 7, Article 65, Decree 95/2024/ND-CP).

Can I lease if I received a transfer after Jan 19, 2007?

Yes, provided the house was legally arranged for the previous owner and the transfer is approved. (Legal Basis: Clause 2, Article 62, Decree 95/2024/ND-CP).

Is public announcement mandatory for transfers?

Yes, for transfers before June 6, 2013, information must be posted 3 times consecutively. The contract is signed only if there are no disputes after 30 days. (Legal Basis: Point a, Clause 5, Article 65, Decree 95/2024/ND-CP).

How is the arrangement time determined if documents are lost?

It is determined based on the time of rent payment recorded on receipts/vouchers kept by the user. (Legal Basis: Point c, Clause 1, Article 64, Decree 95/2024/ND-CP).

Do policy beneficiaries need proof?

Yes. To enjoy rent exemption/reduction, documents proving status (war invalid, martyr, poor household…) must be included. (Legal Basis: Point c, Clause 2, Article 65, Decree 95/2024/ND-CP).

Conclusion

Correctly following the Leasing of Old State-Owned Houses procedure ensures housing stability. Please contact Long Phan Consulting Company via Hotline 1900636389. for in-depth legal support.