1. When is the Government's official housing being rented out revoked?

According to the provisions of Article 11 Decision 695/QD-TTg in 2013, the revocation of public housing currently being rented is clearly determined in the following cases:

First, tenants who are no longer eligible or not eligible to continue renting public housing will face an eviction decision. This may include situations where they no longer meet the criteria and conditions to be a public housing tenant.

Second, tenants will have to return official housing in case they move to another locality, quit their job or retire. This decision is part of adjusting the level of public housing to suit the actual situation and needs of tenants.

Third, tenants who need to return public housing are also one of the cases in which the Ministry of Construction can consider and make a decision to revoke the house.

In addition, when the person who is renting public housing dies, the regulations also decide to revoke the house, creating conditions for asset management and distribution of new houses.

Finally, using public housing for improper purposes or not fully fulfilling the tenant's obligations is also a reason for the Ministry of Construction to issue a decision to revoke the house. This is to ensure that these homes are used for their intended purpose and maintained in the best possible condition.

2. Authority to make decisions to withdraw government official housing that is being leased

The Government's authority to decide on the recovery of official housing is detailed in Clause 2, Article 11 of Decision 695/QD-TTg in 2013 as follows:

When there is a need to recover public housing according to the provisions of Clause 1, Article 11 of Decision 695/QD-TTg, the Ministry of Construction will make a decision to recover and send one copy to the Lessor and one copy to the Contracting Party. lease, and one copy to the agency managing the Tenant, to coordinate the process of revoking public housing. After the Ministry of Construction issues the Decision to withdraw public housing, the operating management unit will be responsible for making a decision to unilaterally terminate the public housing lease contract, effective from the date of the Decision of the Ministry of Construction. The Ministry of Construction takes effect.

In case the official housing is subject to revocation according to the provisions of Clause 1 of this Article but the Tenant does not return the house within 03 months from the effective date of the decision to withdraw the official housing, the Ministry Construction will preside over and coordinate with the Provincial People's Committee where the official housing is located and the operating management unit to organize the process of compulsory recovery of official housing. This is to ensure that the repossession process takes place effectively and that the property is returned to a condition ready for another use.

According to regulations, the Ministry of Construction is authorized to make decisions to withdraw public housing that the Government is leasing. At the same time, to notify and implement this decision transparently and effectively, the Ministry of Construction will send the decision to revoke public housing to relevant parties as follows:

- Send 01 copy of the decision to the Lessor, to inform about the decision to revoke the official housing and at the same time notify the termination of the official housing lease contract.

- Send 01 copy of the decision to the Tenant, to officially notify the revocation of the official housing and terminate the official housing lease contract from the effective date of the Decision of the Ministry of Construction.

- Send 01 copy of the decision to the agency managing the Tenant, to notify the decision to revoke the official residence and cooperate in the recovery process, ensuring effective coordination between relevant units. .

This process helps ensure that information related to decisions to repossess public housing is communicated collaboratively and transparently, as well as facilitates the legal and fair termination of leases. .

3. How to handle the situation when the lessee of an official house subject to repossession refuses to return the house?

According to the provisions of Clause 3, Article 11 of Decision 695/QD-TTg in 2013, in case the Tenant does not return the official housing after 03 months from the effective date of the decision to withdraw the official housing, , the following measures will be taken:

- The Ministry of Construction will assume the leading role and coordinate with the Provincial People's Committee, where the official housing is located, and the operating management unit to organize the process of compulsory recovery of official housing. . The main goal of this process is to ensure the return of the housing and terminate all rights of the Lessee to that official housing. Specifically, this process will include the following measures:

+ Implementing the Revocation Decision: The Ministry of Construction will determine and implement necessary measures to implement the decision to withdraw public housing. This includes notifying the Tenant of the revocation decision, as well as confirming with the Provincial People's Committee and the operating management unit about the implementation plan.

+ Organizing the Recovery Process: The Ministry of Construction will guide and support the Provincial People's Committee and the operation management unit in organizing the recovery process. This includes planning, assigning tasks, and tracking process progress, while ensuring that everything happens according to regulations.

+ Housing Return Guarantee: The Ministry of Construction will ensure that the recovery process takes place smoothly, consistently, and especially that the housing is returned in the best possible condition. This may involve inspecting and documenting the home's condition, and determining what repairs or improvements are needed.

+ Termination of All Rights of the Tenant: The Ministry of Construction will support the process of terminating all rights of the Tenant in public housing. This may involve confirming cancellation of tenancy contracts, termination of services provided, and carrying out related legal procedures.

This is to ensure that the recovery process takes place fairly, transparently, and in accordance with the law, while ensuring that the rights of both the Lessor and the Lessee are properly protected.

- The Lessor, in case the Lessee does not return the official housing after 03 months from the effective date of the decision to withdraw the official housing, will take necessary measures to strengthen supervision. and control housing use. This includes:

+ Stop providing electricity and water: The lessor has the right to stop providing electricity and water to that official housing, in order to create a situation that is not favorable for the use and maintenance of the house. This action also has a significant impact on the Tenant's daily life, and serves as a strong warning against termination of the lease.

+ Notify the police agency: The lessor will immediately notify the police agency at the district or ward level where the official residence is located about the status of revocation and non-return of the lessee. This notice helps the police have accurate and timely information to carry out procedures to terminate the Tenant's residence registration at that official housing address.

This measure not only helps prevent the illegal use of official housing but also ensures full compliance with legal regulations related to residence registration. Thereby, it supports the process of public asset management and ensures fairness in the implementation of regulations related to the recovery of public housing.

It should be noted that the costs of organizing the compulsory recovery of official housing will be paid by the lessee. In case the Tenant does not pay, the staff management agency is responsible for deducting salary to pay, ensuring fairness and compliance with the law.

At the same time, if the Tenant has a complaint related to the management and use of public housing, the Ministry of Construction will be responsible for resolving the complaint according to the provisions of law. In case of disagreement with the decision to resolve the complaint or the complaint is not resolved within the prescribed time limit, the Lessee has the right to sue in court according to the provisions of law.