Laws of Vietnam

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No.15-CP of March 4, 1994 of the Government stipulating the function, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to Decree No.56-CP of September 18, 1995 of the Government issuing the Regulations on the Leasing of Houses to Foreigners and Overseas Vietnamese in Vietnam;

Pursuant to Decree No.73-CP of July 30, 1994 of the Government giving detailed stipulations on the implementation of the Ordinance on the Privileges and Immunities of Foreign Diplomatic Representations and Consulates and International Organizations in Vietnam;

Pursuant to Official Dispatch No.655-QHQT of February 6, 1996 of the Office of the Government reporting the Prime Minister's opinion on the issuance of the Regulations on the Leasing of Houses to the Diplomatic Corps in Vietnam;

DECIDES:

Article 1.- To issue together with this Decision the Regulations on the Leasing of Houses to the Diplomatic Corps in Vietnam.

Article 2.- These Regulations take effect in the whole country from the date of their issuance. All stipulations made earlier on the leasing of houses to the Diplomatic Corps which are contrary to these Regulations are now annulled.

Article 3.- The Ministries, the ministerial-level Agencies, the Agencies attached to the Government, and the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decision.

The Minister of Construction,

NGO XUAN LOC

(issued together with Decision No.62-BXD/QLN of March 1st, 1996 of the Minister of Construction)

Article 1.-

1. These Regulations provide for the principles on the leasing of houses by foreign diplomatic representations and consulates, representative offices of international organizations, and representative offices of non-governmental organizations in Vietnam (hereunder referred to as representations of the Diplomatic Corps).

2. These Regulations also apply to the leasing of houses by officials and employees of the Diplomatic Corps and citizens of other countries who have been registered in the list of the Diplomatic Corps in Vietnam (hereunder referred to as individuals of the Diplomatic Corps).

3. In case an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains stipulations which are different from these Regulations, that international treaty shall apply.

Article 2.-

1. In Hanoi capital city, the Ministry of Foreign Affairs shall authorize a unit under its management to consider and determine the houses for rent and the requirements of agencies and individuals of the Diplomatic Corps to rent and use houses in Vietnam in accordance with Vietnam's laws and the international treaty which Vietnam has signed or acceded to; and to ensure that the aims for external political relations, for national security and social safety are achieved in conformity with law.

2. In other localities, the Ministry of Foreign Affairs shall discuss and agree with the People's Committees of the provinces and cities directly under the Central Government to authorize an agency under the management of the local People's Committee to perform the function stipulated in Item 1 of this Article.

3. The agency with the authorization stipulated in Item 1 of this Article shall have to outline a plan to meet the requirements for leasing houses by agencies and individuals of the Diplomatic Corps in Vietnam, so that the Ministry of Foreign Affairs, the Ministry of Construction, the Ministry of the Interior, and the People's Committees of the provinces and cities directly under the Central Government may submit it to the Government for decision.

Article 3.-

1. The economic organizations, political and social organizations and individuals that have received a permit to lease houses to foreigners in conformity with the Regulations issued together with Decree No.56-CP of September 18, 1995 of the Government (hereunder referred to as the house-owner) must send the following papers to the agency authorized under Article 2 of these Regulations if they want to lease houses to agencies or individuals of the Diplomatic Corps:

a/ An application for leasing a house to the Diplomatic Corps;

b/ A copy of the permit to lease houses to foreigners granted by the authorized State agency;

2. Within 20 days at the latest after receiving the papers mentioned in Item 1 of this Article, the agency authorized under Article 2 of these Regulations shall have to consider and answer in writing whether it accepts or refuses the application for leasing houses to the Diplomatic Corps.

Article 4.-

1. If they want to rent a house for use as office or accommodation, the agency and individual belonging to the Diplomatic Corps in Vietnam (hereunder referred to as the tenant) must send an application to the agency authorized under Article 2 of these Regulations explaining the requirements for a house they want to rent: location, floor space, structure, inner equipment, the aim and duration of tenancy, etc.

2. Within 60 days at the latest after receiving the application of the prospective tenant, the agency with the authorization stipulated in Article 2 of these Regulations shall have to answer in writing and guide the Diplomatic Corps to find the house as required.

Article 5.- A contract on the leasing of houses to agencies and individuals of the Diplomatic Corps in Vietnam must be made according to the model contract. The two sides may agree on other terms which must not be contrary to the current laws of the Vietnamese State.

This contract shall be valid only when it is verified by the agency that issues the permit for leasing houses and by the agency authorized under Article 2 of these Regulations.

Article 6.- The rights and obligations of the house-owner, the tenant, and the service that helps the agencies and individuals of the Diplomatic Corps to rent houses shall be exercised according to the provisions of Chapter III of the Regulations promulgated together with Decree No.56-CP of September 18, 1995 of the Government.

Article 7.- The handling of violations of the Regulations on the Leasing of Houses to the Diplomatic Corps in Vietnam shall be done according to the provisions of Chapter IV of the Regulations promulgated together with Decree No.56-CP of September 18, 1995 of the Government.

Article 8.- Within 180 days after these Regulations are issued, if the leasing of a house to an agency or individual of the Diplomatic Corps in Vietnam varies with the stipulations of this document, the house-owner and the tenant must re-apply in conformity with these Regulations.

Article 9.- These Regulations take effect from the date of their issuance. All stipulations made earlier on the leasing of houses to the Diplomatic Corps in Vietnam which are contrary to these Regulations are now annulled.

Article 10.- The Ministry of Foreign Affairs shall discuss with the Ministry of Construction and the People's Committees of the provinces and cities directly under the Central Government and the agencies concerned to direct, guide and supervise the implementation of these Regulations.

The Minister of Construction,

NGO XUAN LOC