Quyết định 65/2009/QD-TTg

DECISION

PROMULGATING A NUMBER OF MECHANISMS AND POLICIES TO BUILD DORMITORIES FOR LEASE TO STUDENTS OF UNIVERSITIES, COLLEGES AND PROFESSIONAL INTERMEDIATE SCHOOLS AND VOCATIONAL SCHOOLS

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Resolution No. 18/NQ-CP of April 20, 2009;
At the proposal of the Minister of Construction,

DECIDES:

Article 1. General provisions

1. The State directly invests in and encourages all economic sectors to invest in building dormitories for students of public and private universities, colleges, professional secondary schools, and vocational colleges and intermediate schools (below referred to as training institutions) to rent during their study.

2. Investment in building dormitories for students must conform with construction planning, land use master plans and plans; and planning on training institution network development approved by competent state agencies: achieve the target that each project can provide accommodation for students of several training institutions (a cluster of schools) in an area according to specific conditions of each locality and ensure comprehensive technical and social infrastructure with sufficient functional sections and space to meet students needs for accommodation, study and cultural and physical training and spoils activities in order to create a cultured and healthy living environment.

3. People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees) shall review, adjust or supplement their general and detailed construction plannings and land use master plans and plans to establish land funds for construction of dormitories for students and concurrently regard development of dormitories for students as a basic target of their local socio-economic development plans, which shall be set annually and periodically in conformity with socio-economic conditions and characteristics of each locality. Provincial-level People's Committees shall organize the achievement of these targets and prescribe responsibilities for achieving them.

4. To strive that by 2015, housing projects nationwide will provide accommodation to meet around 60% of students' needs.

Article 2. Competence to decide on state investment in projects on dormitories for students

1. Plans on state-funded projects to build dormitories for students must be considered and approved by the Prime Minister based on the Ministry of Construction's list of projects proposed by provincial-level People's Committees. A project on dormitories for students built within the campus of a training institution must be agreed by the managing agency of this training institution. For a training institution under the armed forces, the managing ministry shall directly report thereon to the Ministry of Construction. Provincial-level People's Committees shall uniformly manage projects on dormitories for students built in their localities.

2. Provincial-level People's Committees shall decide on investment in projects on dormitories for students in their localities and appoint provincial-level Construction Services or agencies with the construction investment management function or training institutions to act as investors. Investors may set up management units under law to manage projects on dormitories for students during their construction and post-construction management and operation.

3. For training institutions under the armed forces, their managing agencies shall decide on investment.

Article 3. Mechanisms for projects on dormitories for students

1. Economic sectors engaged in building dormitories for students with non-state capital may enjoy investment incentives under the Government's Decree No. 69/2008/ND-CP of May 30, 2008, on policies to encourage socialization of education, vocational training, health, cultural, sports and environmental activities.

2. Contractor designation may be applied by investors of projects on dormitories for students to contracts on consultancy, construction and installation and equipment procurement with reasonable cost-effective rates. The Ministry of Construction shall guide this provision.

Article 4. State budget funds for construction of dormitories for students

1. Government bonds for construction and installation.

2. Annual budgets of localities, ministries and branches for capital construction in education and training.

3. Local budgets from land use levy and land rent amounts retained for localities for compensation, ground clearance and formation of land funds to build dormitories for students.

Article 5. Land funds for building dormitories for students

Land funds for building dormitories for students shall be arranged on the following principles:

1. Provincial-level People's Committees shall review, adjust and supplement land use master plans and plans to cover, and concurrently organize compensation and ground clearance for, the formation of land funds to build dormitories for students; and use 20% of the land funds for construction of social houses under commercial housing and new urban center projects in their localities to build dormitories for students in conformity with planning.

2. Provincial-level People's Committees shall assume the prime responsibility for, and reach agreement with managing agencies and training institutions which have land funds within their campuses in. permitting the transformation of these land funds' use purposes to build dormitories for students.

Article 6. Designing norms, rents of dormitories for students

1. Designing norms on dormitories for students:

a/ The living area of a dormitory room for students must be designed at minimum 4 m2/ student; norms on social and technical infrastructure in dormitories for students comply with current construction regulations;

b/ Projects on dormitories for students may raise the construction density and land use ratio by 1.5 times the levels under current regulations on construction planning, are not limited in the number of stories but must conform with construction planning approved by competent agencies.

2. Rents of dormitories for students:

a/ Provincial-level People's Committees shall set rents of dormitories for students under state-funded projects on the principle of offsetting only management, operation and maintenance expenses (without depreciation expenses);

b/ Provincial-level People's Committees shall approve rents of dormitories for students under non-state funded projects at the proposal of investors, on the principle that state incentives may not be included in the rents, the profit norm is maximum 10% and the capital recovery period is minimum 20 years.

3. Students with financial difficulties may take loans from the State to pay rents under the Prime Minister's Decision No. 157/2007/QD-TTg of September 27, 2007, on credit for students.

Article 7. Construction work quality management of projects on dormitories for students

1. Construction work quality management of projects on dormitories for students complies with the law on construction work quality management (the Government's Decree No. 209/2004/ND-CP of December 16. 2004. on construction work quality management; the Government's Decree No. 49/2008/ND-CP of April 18, 2008. amending and supplementing a number of articles of the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on construction work quality management, and the Ministry of Construction's guiding documents).

2. Prior to operation, projects on dormitories for students must be inspected in terms of construction work quality conformity by independent quality inspection and consultancy organizations.

Article 8. Management, use and operation of dormitories for students

1. Dormitories for students must be maintained and closely managed during their operation and may not change use purposes. They must be maintained in accordance with the construction law. The management of use and operation of dormitories for students complies with the Ministry of Construction's guidance.

2. Investors of project on dormitories for students shall organize post-investment management, operation and maintenance of dormitories for students and may hire, entrust cr set up housing service organizations to manage and operate dormitories for students. Managers of dormitories for students may provide other commercial services in dormitories for students to generate funds to cover management, operation and maintenance expenses in order to reduce rents.

3. Managers of dormitories for students shall set rules on use of dormitories for students and publicize them for information and compliance by students and concerned units and individuals.

Article 9. Beneficiaries and conditions for renting dormitories for students

1. Managers of dormitories for students shall lease dormitories to proper lessees. Projects on consolidated dormitories for students shall prioritize students of schools within an, area. When dormitories are not sufficient, the following priority order must be observed: students from other provinces, poor students, students with good performance and first-year students.

2. A student wishing to rent a dormitory room shall make an application with certification of his/ her training institution and sign a dormitory lease contract with the manager of the dormitory.

3. Students shall fully pay rents and observe rules on use of dormitories for students and may not re-rent houses or transfer lease contracts. Violators are subject to lease contract cancellation and notice thereof to training institutions where they are studying for handling under law.

Article 10. Organization of implementation

1. Concerned ministries and branches and provincial-level People's Committees shall perform their assigned tasks under the Government's Resolution No. 18/NQ-CP of April 20, 2009.

2. To immediately create a breakthrough in 2009, the Ministry of Construction is assigned to assume the prime responsibility for, and coordinate with concerned ministries and branches, and the People's Committees of Ho Chi Minh City and Hanoi and a number of key localities where dormitories for students are in high demand in. making plans and completing procedures to start construction in 2009 and complete dormitories for around 200,000 students in 2010 and the second quarter of 2011.

3. The Ministry of Planning and Investment and the Ministry of Finance shall allocate around VND 8 trillion in government bonds to implement the program on building dormitories for students specified in Clause 2 of this Article.

4. The Ministry of Construction shall assume the prime responsibility for. and coordinate with concerned ministries and branches and provincial-level People's Committees in. formulating an investment program and annual plans on construction of dormitories for students in the 2009-2015 period, and submit them to the Prime Minister for decision in the third quarter of 2009; promulgate model and typical designs of dormitories for students; and specifically guide construction investment management, use and operation of dormitories for students; and regulations on lease, model contracts and eligible lessees of dormitory rooms under this Decision.

5. Provincial-level People's Committees shall:

a/ Review and adjust their general and detailed construction plannings and land use master plans and plans to add land funds for developing dormitories for students; prioritize revenues from land use levy and land rent amounts retained for localities for compensation, ground clearance and formation of land funds to develop dormitories for students;

b/ Elaborate and approve plans to implement investment projects on dormitories for students of training institutions regardless of their managing agencies in their localities in the 2009-2015 period, make total and annual cost estimates, which must specify expected amounts of government bonds and local funds, and report them to the Ministry of Construction for sum-up and submission to the Prime Minister in June 2009;

c/ Quarterly, biannually and annually hold review meetings and evaluate implementation results and report thereon to the Ministry of Construction for sum-up and report to the Prime Minister.

Article 11. This Decision takes effect on June 10, 2009.

Article 12. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decision.