Standing Vice Chairman of Hanoi People's Committee Duong Duc Tuan has just signed and issued a decision on Regulations on Auctioning for lease of public assets that are service business areas in resettlement apartment buildings, service business areas in social housing, service business areas handed over to the City People's Committee by commercial housing project investors.
This regulation includes 3 Chapters, 20 Articles regulating the auction for lease of public assets that are service business areas in resettlement apartment buildings; service business areas in social housing belonging to public assets (including service business areas in: Worker housing area; student housing area; social housing area invested with state budget capital represented by the City People's Committee according to the provisions of law) and service business areas handed over by commercial housing project investors to the City People's Committee belonging to public assets used for service business purposes and other purposes not for living (because the City People's Committee is the representative of the owner (service business area).
According to regulations, the auction for leasing business service areas must ensure independence, publicity, objectivity, honesty, fairness, and protection of the rights and interests of the State, and the legitimate rights and interests of participating parties as stipulated in Article 6 of the 2016 Law on Property Auction and Article 1 of the amended 2024 Law on Auction.
The auction for lease must be carried out in accordance with the order and procedures according to the provisions of law on public assets and asset auctions.
For service business areas in resettlement apartment buildings where the City People's Committee is the representative of the owner, the unit assigned by the City People's Committee to manage must allocate at least 1/3 of the service business area of that apartment building to households and individuals who are resettled for rent (if needed) through auction. In case after 2 auctions for rent but no households and individuals under the resettlement program participate, auctions will be organized for rent with expanded participants along with 2/3 of the remaining service business area.
In case after 2 unsuccessful auctions for expanded leasing, the management unit reviews the causes and proposes solutions, and reports to the higher management agency (if any).
In which, in case it is determined that the reason why no one registers to rent business premises is due to the high starting rental price, which is no longer consistent with the market price, then at the same time, the leasing management unit appraises the price to re-determine the rental price of business premises, after having the opinions of the Department of Finance, Department of Agriculture and Environment, Department of Planning and Architecture, Hanoi City Tax Department and other relevant agencies and units (if necessary), the management unit sends it to the Department of Construction to report to the City People's Committee. Within 30 days from the date of receiving complete dossiers, the City People's Committee shall consider and decide to adjust the rental price in the List of rental prices for business premises; after the Provincial People's Committee decides to adjust the rental price, the organization of auctions for renting business premises shall be carried out according to regulations.
