| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 25/1999/ND-CP | Hanoi, April 19, 1999 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Resolution No.58/1998/NQ-UBTVQH10 of August 20, 1998 of the National Assembly Standing Committee on residential house civil transactions established before July 1, 1991;
At the proposal of the Minister of Construction and the Minister of Finance,
DECREES:
Article 1.- The scope of application
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2. Residential houses subject to Resolution 58/1998 and this Decree are privately-owned houses which have been leased, lent, borrowed, traded, exchanged, donated, inherited or managed by others under authorization due to the absence of their owners before July 1, 1991.
The following types of houses are also subject to Resolution No.58/1998 and this Decree: houses being currently used not for residential purpose but having been the residential houses at the time the civil transactions had been established before July 1, 1991; and houses being currently used for residential purpose but their use purposes cannot be identified by the time of establishing the civil transactions before July 1, 1991.
1. Houses whose civil transaction participants are overseas Vietnamese; or foreign individuals or organizations.
2. Houses placed under the State’s management by its decision or put to use in the process of implementation of the policy on socialist transformation regarding houses and land, the policy on transformation of private capitalist industry and commerce and the policy on management of houses whose owners have been absent, including:
a) Leased houses;
b) Lent or borrowed houses before or during the period of transformation, which have been leased by the owners who were subject to the transformation;
c) Houses of organizations or individuals in the ruling apparatus of the former army and administration as well as reactionary political parties;
d) Houses donated or assigned to the State for management in any form;
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f) Houses of migrants to South Vietnam or persons having resided in other localities during the war time, which have been managed or assigned to users by the State as houses with absentee owners.
3. Requisitioned houses.
4. Houses being currently used for residence, which were, however, not residential houses at the time the civil transactions had been established before July 1, 1991.
MODE OF HOUSE RETURNING BETWEEN AGENCIES AS WELL AS ORGANIZATIONS AND INDIVIDUALS
Article 3.- Modes of returning residential houses
1. In cases where agencies or organizations have to return residential houses to the lessors or the lenders, the involved parties may, on the case by case basis, agree on the house return according to the following modes:
a) Returning the houses which are being managed or used by agencies or organizations;
b) Returning the houses by other houses
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d) The State assigns residential land without collecting the land use levy.
2. In cases where the leased or borrowed houses are being used as personal residence or as working offices, production and/or business establishments or public facilities but do not fall within cases prescribed in Clause 3, this Article, the agencies and/or organizations shall have to return such houses to the lessors and/or the lenders according to the provisions of Resolution No.58/1998.
3. In cases where the leased or borrowed houses are being used for defense and security purposes, in service of national interests and /or public interests or the leased or borrowed houses are situated in areas not designed for residential houses, the house return shall comply with modes defined in Points b, c and d, Clause 1, this Article.
Depending on each specific case and practical conditions of localities, the return of houses may be effected through one of the three modes defined in Points b, c and d, Clause 1, this Article or the combination of all three modes, but the total value (in money) of the land and houses returned to the lessors and/or the lenders shall not be higher than the value (in money) of the leased and/or lent land and houses.
Where agencies and organizations return to the lessors and/or lenders the rented and/or borrowed houses which have been invested in, repaired, renovated, upgraded, expanded or replaced with new houses, it shall be settled as follows:
1. When taking back the houses, if the lessors and/or lenders have to pay for the investment, repair, renovation, upgrading, expansion, newly constructed houses, they shall have to:
a) Pay to individuals if the funding came from such individuals;
b) Pay to agencies and/or organizations if the funding came from such agencies and/or organizations.
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Article 5.- Agencies and organizations return other houses to the lessors and/or the lenders.
1. Where the agencies and/or organizations return other houses to the lessors and/or lenders, the value of the returned residential houses and land must not exceed the value of the currently rented or borrowed houses and land.
In case of any difference in value between the rented or borrowed houses and land and the returned houses and land, the parties shall have to pay each other such difference in money.
2. The house and land value shall be determined by the Pricing Council of the People’s Committee of the province or centrally-run city (hereafter referred collectively to as the provincial-level People’s Committee), based on the remaining value of the residential houses and the land use right value.
a) The remaining house value shall be determined as follows:
- Where the rented or borrowed houses still exist, their remaining value is determined with the percentage (%) of their remaining quality multiplying (X) the house area (m2) and multiplying (X) the cost of the newly built residential house (VNdong/m2), corresponding to the grade and class of the leased or borrowed houses.
The percentage (%) of the remaining quality of the house is determined according to the provisions of law.
The costs of newly built houses shall be determined according to the price index issued by the provincial-level People’s Committee in accordance with the Government’s price bracket.
- Where the rented or borrowed houses are dismantled for the construction of new houses for replacement, the remaining house value is equal to the costs of the newly built houses corresponding to the grade and class of the leased or borrowed houses.
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Article 6.- Agencies and organizations return houses in money to the lessors and the lenders
Where the agencies and organizations return houses in money to the lessors and the lenders, the amounts of money to be paid by such agencies or organizations must not exceed the value of the currently rented or borrowed houses and land.
The determination of the value of residential houses and land shall comply with Clause 2, Article 5 of this Decree.
1. Where the State assigns land to the lessors and/or lenders for the construction of new residential houses, all payments for the receipt of such land under the current State regulations shall be paid by such agencies and organizations directly to the competent State bodies.
2. Where the land assignment by the State results in the value difference between the leased or borrowed residential houses and land and the returned land, the parties shall have to pay each other such difference in money.
Article 8.- Sources of fund for the implementation of residential house return
1. The sources of fund for the implementation of residential house return under the provisions of Articles 5,6 and 7 of this Decree shall be taken from the annual State budget estimate with the ratification by the competent level and through the source of capital of State enterprises in strict accordance with the current principles on division of responsibility for the management of the State budget:
a) For agencies and organizations under the Central Government, the payment shall be made from the central budget;
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c) For State enterprises as well as agencies and organizations, which are not entitled to enjoy the State budget, the payment shall be made from the capital sources of such enterprises, agencies and organizations.
2. The State shall reserve a part of fund to support the investment in infrastructure construction in population areas and the creation of housing fund for sale or lease to those subject to house return as prescribed in Resolution No.58/1998 and having no other place of residence or no conditions to build new place of residence.
Article 9.- The evaluation council
1. The residential house and land evaluation council is set up by decision of the provincial-level People’s Committee. It has the responsibility to determine the house and land value to be used as basis for payment.
2. The council is composed of:
- A representative of the provincial/municipal Finance-Pricing Service as its chairman;
- A representative of the provincial/municipal Construction Service as its member;
- A representative of the provincial/municipal Land-House Administration Service as its member;
- A representative of the provincial/municipal Justice Service as its member;
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The council shall invite the house lessor and/or lender as well as experts of concerned branches to attend its meetings and make comments before the council decides on the house and/or land value.
Article 10.- House leasing price before the return thereof
1. For civil transactions regarding house leasing among individuals and between individuals and agencies as well as organizations which are not entitled to the State budget, the residential house leasing price shall be agreed upon by the parties; if no agreement can be reached, the price index issued together with this Decree (Annex 1) shall apply.
2. For civil transactions regarding house leasing between individuals and agencies as well as organizations, which are entitled to enjoy the State budget, the residential house leasing price shall be agreed upon by the parties but must not exceed the price level of the price index issued together with this Decree (Annex 2).
Article 11.- Sources of funding for the implementation of house renting
1. Where the rented houses are used for residence, the rental shall be paid by the individual tenants themselves.
2. Where the rented houses are used as working offices, production and/or business establishments or public facilities, the source of funding for house renting shall comply with the provisions of Clause 1, Article 8 of this Decree.
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PROCEDURES FOR TRANSFER OF OWNERSHIP OVER TRADED, DONATED AND EXCHANGED RESIDENTIAL HOUSES
1. Where there is no dispute over the residential house sale/purchase contract and the procedures for transfer of ownership is not completed according to the provisions of Clause 1, Article 5 of Resolution No.58/1998, the purchasing party may proceed with the procedures for the transfer of ownership over the residential house even without the presence of the selling party.
The dossiers on the house ownership transfer shall include :
a) The application for the transfer of residential house ownership, with certification by the People�s Committee of the commune, ward or district town, where the house is located (hereafter referred collectively to as the commune-level People’s Committee), that there is no dispute over the residential house sale/purchase contract after it has been posted up for 07 days at the office of the commune-level People’s Committee and at such house;
b) The house sale/purchase contract (the original). Where there is no written contract, the purchasing party shall have to prove that the residential house trading has been effected between the two parties;
c) The extract of the map of the land lot where the house is situated and the house plan certified by bodies with legal person status;
d) The certification of the purchasing party’s permanent residence registration by the commune-level People’s Committee.
2. Where there is dispute over the residential house sale/purchase contract and the procedures for the ownership transfer is not completed yet while the contract is neither cancelled nor declared null and void by the court under the provisions of Clauses 2 and 5 of Article 5 of Resolution No.58/1998, the purchasing and selling parties shall have to fulfill all contractual obligations and fill procedures for the transfer of ownership over the residential house.
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a) The residential house sale/purchase contract (the original). Where there is no written contract, the purchasing and selling parties shall have to prove that the residential house trading has been effected between them;
b) The extract of the court’s judgement or ruling which has already taken legal effect;
c) The certification by the civil judgement enforcement body of the purchasing party’s fulfillment of its obligations according to the court’s judgement or decision;
d) The extract of the map of the land plot where the residential house is situated and the house plan, certified by bodies with legal person status;
e) The certification by the commune-level People’s Committee of the purchasing and selling parties’ permanent residence registration.
Where there is no dispute over the residential house-donating or offering contract and the procedures for the ownership transfer is not completed yet according to the provisions of clause 1, Article 7 of Resolution No.58/1998, or there is dispute over the residential house donating or offering contract and the procedure for the ownership transfer is not completed yet while the donatory has received the residential house as prescribed in Point a, Clause 2, Article 7 of Resolution No. 58/1998, the donatory may proceed with the procedures for the transfer of ownership over the residential house even without the presence of the donor.
The dossiers of application for residential house ownership transfer shall include:
1. The application for the residential house ownership transfer. For cases defined in Clause 1, Article 7 of Resolution No.58/1998, the application must be certified by the commune-level People’s Committee that there is no dispute over the residential house-donating or offering contract after it is posted up for 07 days at the office of the commune-level People’s Committee and at such residential house.
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2. The residential house-donating or offering contract (the original). Where there is no written contract, the donatory shall have to prove that the residential house donation or offering has been effected between the two parties;
3. The extract of the map of the land plot where the residential house is situated and the house plan, certified by the body with legal person status;
4. The certification by the commune-level People’s Committee of the donatory’s permanent resident registration;
5. Where the contract is on the conditional donation or offering, there must be certification by the parties that such conditions have happened or been met.
Article 14.- The procedures for ownership transfer under the residential house exchange contract
1. Where there is no dispute over the house exchange contract and the procedures for ownership transfer is not yet completed according to the provisions of Clause 1, Article 6 of Resolution No.58/1998, the parties involved in the house exchange shall have to carry out the procedures for the transfer of ownership over the residential house.
The dossiers of application for residential house ownership transfer shall include:
a) The house exchange contract (the original). Where there is no written exchange, the involved parties shall have to prove that the house exchange has been effected between them;
b) The certification by the commune-level People’s Committee that there is no dispute over the house exchange contract after it has been posted up for 07 days at the office of the commune-level People’s Committee and at those two residential houses;
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d) The commune-level People’s Committee’s certification of the house exchangers’ permanent residence registration.
2. Where there is dispute over the house exchange contract and the procedures for the ownership transfer is not yet completed but the contract is neither cancelled nor declared null and void by the court, the house exchangers shall have to fulfill all contractual obligations and fill the procedures for the ownership transfer.
The dossiers of application for the transfer of ownership over the residential houses shall include:
a) The house exchange contract (the original). Where there is no written exchange, the house exchangers shall have to prove that the house exchange has been effected between them;
b) The extract of the court’s legally effective judgement or ruling;
c) The written certification by the civil judgement execution body that the house exchangers have fulfilled their obligations under the court’s judgement or ruling;
d) The extracts of the maps of the land plots with the residential houses thereon and the drawing plans of such houses, certified by bodies having the legal person status;
e) The commune-level People’s Committee’s certification of the house exchangers’ permanent residence registration.
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Article 15.- Procedures for establishing the residential house heirs’ ownership thereover.
Persons recognized as having the right to inherit the residential house ownership according to the provisions at Article 9 of Resolution No.58/1998 shall have to fill the procedures for the establishment of their ownership thereover.
The dossiers of application for the establishment of ownership over the residential house shall include:
1. The application for certificates of the residential house ownership and of the land use right, with certification by the commune-level People’s Committee that the applicant is entitled to lawfully inherit such residential house. If there is any dispute, there must be the extract of the court’s legally effective judgement or ruling;
2. The extract of the map of the land plot with the residential house thereon and the house plan, certified by bodies having the legal person status;
3. The commune-level People’s Committee’s certification of the heirs’ permanent residence registration.
Persons recognized as having the right to inherit the ownership over residential houses whose owners have been absent under the provisions at Point a, Clauses 2 and 4, Article 10 of Resolution No.58/1998 shall have to fill the procedures for establishment of the ownership thereover.
The dossiers of application for the establishment of ownership over the residential house shall include:
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2. The extract of the map of the land plot with the residential house thereon and the house plan, certified by bodies having the legal person status;
3. The commune-level People’s Committee’s certification of the heirs’ permanent residence registration.
For cases defined at Point a, Clause 2, Article 10 of Resolution No.58/1998, the letter of authorization for the management of the house with absentee owner (the original) is required.
The parents, spouse and offspring (according to the Law on Marriage and Family) of owners of houses under the absentee ownership, who are recognized as having the ownership over such houses according to the provisions at Point b, Clauses 2 and 3, Article 10 of Resolution No.58/1998 shall have to fill the procedures for the establishment of the ownership.
The dossiers of application for the establishment of ownership over the residential house shall include:
1. The application for the certificates of the ownership over the residential house and of the land use right;
2. The extract of the map of the land plot with the residential house thereon and the house plan, certified by bodies having the legal person status;
3. The commune-level People’s Committee’s certification of the permanent residence registration of the parents, spouse and offspring of the owner of such owner-absent residential house.
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The current managers and users of houses under absentee ownership for 30 consecutive years or more shall be recognized as having the ownership over such houses as provided for at Point c, Clauses 2, 3 and 4 of Resolution No.58/1998 shall have to fill the procedures for the establishment of ownership over such houses.
The dossiers of application for the establishment of ownership over the residential house shall include:
1. The application for the certificates of the house ownership and of the land use right, with the commune-level People’s Committee’s certification that such persons have managed and used the houses under absentee ownership for 30 consecutive years of more counting from the date of commencing such management and use to the effective date of Resolution No.58/1998 (January 1st, 1999) after the 7- day posting at the office of the commune-level People’s Commune and at such residential house;
2. The extract of the map of the land plot where the residential house is situated and the house plan, certified by bodies having the legal person status.
3. The commune-level People’s Committee’s certification of the permanent residence registration of the current manager and user of the house under the absentee ownership.
Article 19.- Residential houses with absentee owners, that belong to the State
Houses which with absentee owners belong to the State as provided for at Point c, Clauses 2, 3 and 4 of Article 10 of Resolution No.58/1998 must be assigned to the local house and land administration for management. The current managers and users of such houses shall have to sign house-renting contracts or be given priority in the purchase of the houses according to the provisions of law.
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Where the agencies and/or organizations return other houses to the lessors or the lenders as prescribed in Clause 2, Article 14 of Resolution No.58/1998, such houses shall be placed under the ownership of the lessors and/or lenders. The agencies and organizations shall have to carry out the procedures for establishment of the lessors’ or lenders’ ownership over such residential houses.
The dossiers of application for the establishment of ownership over residential houses shall include:
1. The document on house return made by the concerned agency or organization, with the signatures of both parties.
2. The extract of the map of the land plot where the house is situated and the house plan, certified by the bodies having the legal person status;
3. The commune-level People’s Committee’s certification of the lessor’s or lender’s permanent residence registration.
Where agencies and/or organizations rent or borrow houses of individuals but the owners of which have been returned the houses by other houses, money or land assigned by the State according to the provisions of Clauses 2, 3 and 4, Article 14 of Resolution No.58/1998, the establishment of the ownership over the residential houses currently rented or borrowed by agencies and/or organizations shall be effected as follows:
1. Where the fund for effecting the return of the residential houses comes from the State budget capital, the houses currently rented or borrowed from individuals by agencies and/or organizations shall be placed under the entire- people’s ownership. The agencies and/or organizations shall be entitled to manage and use such houses according to the provisions of law;
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The dossiers of application for the establishment of ownership over the residential houses shall include:
a) The application for the certificates of the house ownership and of the land use right;
b) The document on house return (the original) according to the provisions in Clause 1, Article 20 of this Decree;
c) The extract of the map of the land plot where the house is situated and the house plan, certified by the body having the legal person status.
Where the rented or borrowed houses have been dismantled by agencies and/or organizations for the construction of new houses in replacement, the dossier on technical design of the newly built house is required.
Article 22.- Additionally built sections, newly constructed houses
Additionally built sections and newly constructed houses are the housing space built in the premises of the rented and/or borrowed houses by the lessees, the borrowers, the managers or users of houses under absentee ownership.
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Persons recognized as having the ownership over the additionally built housing space and/or newly constructed houses according to the provisions of Articles 11 and 16 of Resolution No.58/1998 shall have to fill the procedures for ownership establishment.
The dossiers of application for establishment of the ownership over residential houses shall include:
1. The application for the certificates of house ownership and of the residential land use right with certification by the People’s Committee of the commune where such residential house is situated that there is no dispute over the additionally built section or newly constructed house after the 7-day posting at the office of the commune-level People’s Committee and at such additionally built section or newly constructed house .In case of a petition, there must be the extract of the court’s legally effective judgement or ruling on the recognition of the ownership over the additionally built section or newly constructed house for the lessee, the borrower or the manager of the house under absentee ownership and the certification by the civil judgement execution body of the former’s fulfillment of their obligations under the court’s judgement or ruling;
2. The extract of the map of the land plot where the additionally built section or the newly constructed house is situated and the plan thereof, certified by the body having the legal person status;
3. The commune-level People’s Committee’s certification of the permanent residence registration of the persons recognized as having the ownership over the additionally built section or newly constructed house.
GRANTING CERTIFICATES OF OWNERSHIP OVER RESIDENTIAL HOUSES AND OF RESIDENTIAL LAND USE RIGHT
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2. The certificates of ownership over residential houses and of residential land use right in the countryside shall be granted by the district-level People’s Committees according forms prescribed in Decree No.60/CP of July 5,1994 of the Government.
Within 30 days from the date the person recognized as having the ownership over the residential house fully submits the dossiers and fulfills his/her financial obligations as prescribed in this Decree, the competent People’s Committees prescribed in Article 24 of this Decree shall grant the certificates of the residential house ownership and of the residential land use right to such person. Where such time-limit is prolonged, the involved person shall be notified in writing the reason therefor and the prolonged time-limit shall not exceed 30 days.
Article 26.- Financial obligations
Persons granted the certificates of residential house ownership and of residential land use right shall have to fulfill their financial obligations towards the State and concerned parties as prescribed by law.
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THE GOVERNMENT
Phan Van Khai
APPENDIX 1 (NEXT PAGE)
HOUSE LEASING PRICES APPLICABLE BETWEEN INDIVIDUALS AND INDIVIDUALS AS WELL AS BETWEEN INDIVIDUALS AND AGENCIES AND ORGANIZATIONS BEING NON-BENEFICIARIES OF THE STATE BUDGET
(Issued together with Decree No. 25/1999/ND-CP of April 19, 1999 of the Government)
1. Standard prices:
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Villa (grade)
Residential house (grade)
I
II
III
IV
I
II
III
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4,900
5,500
6,800
7,800
3,600
3,300
2,800
2,100
4
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i=1
a) Urban-grade coefficient (K1):
Urban grade
Coefficient
I
II
III
IV
V
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+ 0.20
+ 0.10
0.00
- 0.10
- 0.15
b) Location coeficient considered according to regions (K2):
Region
Coefficient
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Center vicinity
Outskirts
Value K2
0.00
- 0.10
- 0.20
c) Storey-high coefficient (K3):
Storeys
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...
Coefficient
I
II
III
IV
...
...
...
V
VI
Value K3
+ 0.25
+ 0.05
0.00
- 0.10
- 0.20
...
...
...
d) Traffic condition coefficient (K4):
Traffic conditions
Coefficient
With roads for rudimentary
means of transport to every house
With motor roads
accessible to every house
Value K4
...
...
...
+ 0.20
HOUSE LEASING PRICES APPLICABLE BETWEEN INDIVIDUALS AND AGENCIES AS WELL AS ORGANIZATIONS BEING STATE-BUDGET BENEFICIARIES
(Issued together with Decree No. 25/1999/ND-CP of April 19, 1999 of the Government)
1. Standard prices:
Unit: VN dong/m2 in use/month
Villa (grade)
Residential house (grade)
I
...
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III
IV
I
II
III
IV
2,500
3,000
3,500
...
...
...
1,500
1,400
1,350
900
4
2. Standard price readjustment coefficient: (1 ??? Ki)
i=1
a/ Urban-grade coefficient (K1):
Urban-grade
...
...
...
I
II
III
IV
V
Value K1
0.00
- 0.05
- 0.10
...
...
...
- 0.20
b) Location coefficient considered according to regions (K2):
Regions
Coefficient
Center
Center vicinity
Outskirts
...
...
...
0.00
- 0.10
- 0.20
c) Storey-high coefficient (K3):
House storeys
Coefficient
I
II
...
...
...
IV
V
VI
Value K3
+ 0.15
+ 0.05
0.00
- 0.10
- 0.20
...
...
...
d) Traffic conditions coefficient (K4):
Coefficient
Coefficient
With roads for rudimentary means of transport to every house
With motor roads accessible to every house
Value K4
0.00
+ 0.10
...
...
...
THE GOVERNMENT
Phan Van Khai
- 1Resolution No. 1037/2006/NQ-UBTVQH11 of July 27, 2006 on house-related civil transactions established prior to July 1, 1991, and involving overseas Vietnamese
- 2Circular No. 02/1999/TT-BXD of May 03, 1999, guiding the management of houses with absentee landlords between individuals as prescribed in The National Assembly Standing Committee’s Resolution on residential houses civil transactions established before July 1st, 1991
Decree No. 25/1999/ND-CP of April 19, 1999, on mode of returning residential houses, the pre-return residential house-leasing prices and procedures for establishment of the ownership over residential houses prescribed in Resolution No.58/1998/NQ-UBTVQH10 of August 20, 1998 of The National Assembly Standing Committee on residential house civil transactions established before July 1, 1991
- Số hiệu: 25/1999/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 19/04/1999
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 04/05/1999
- Tình trạng hiệu lực: Còn hiệu lực