THE
NATIONAL ASSEMBLY
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|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law
No. 65/2014/QH13
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Hanoi , November 25, 2014
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LAW
ON HOUSING
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly issues the
Law on housing.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law stipulates ownership,
development, management, and use of housing; housing-related transactions;
state management of housing in Vietnam. Transactions in sale, lease, and
sublease on commercial housing conducted by real estate enterprises or
cooperatives shall comply with regulations of law on real estate trading.
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This Law applies to organizations,
households or individuals related to ownership, development, management, use,
and transactions in housing and state management of housing in Vietnam.
Article 3.
Interpretation of terms
For the purposes of this Law, these
terms below shall be construed as follows:
1. Housing means any
building in which households or individuals live.
2. Separate house means any
house which is built on a detached land plot under lawful rights to use of an
organization, household or individual, including villas, row houses and
detached houses.
3. Apartment building means
any multi-storey building which has multiple apartments, public stairs, hall
ways, private areas, common areas and common infrastructural works for
organizations, households or individuals, including apartment buildings for
residential use and mixed-use buildings for both business and residential
purposes.
4. Commercial housing means
any house which is built for sale, lease, or lease purchase according to market
mechanism.
5. Official residence means
any house rent by entities entitled to live in official residences as
prescribed in this Law over the duration in which they are on duty.
6. House serving relocation means
any house provided for households or individuals who have to relocate when the
State withdraw land or carry out land clearance as prescribed in regulations of
law.
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8. Housing construction project means
all planned pieces of work that are designed to use capital to build new
housing, or technical and/or social infrastructural works for residential use,
or to renovate or repair housing in a certain location.
9. Housing development means
the investment in building new housing, rebuilding housing or expanding area of
housing.
10. Housing renovation means
the process of improving quality, expanding area, restructuring of existing
housing area.
11. Housing maintenance means
the maintenance of housing on schedule and repair upon damages of housing for
housing quality assurance.
12. Homeowner means any
organization, household, or individual having legitimate housing through
investment in housing construction, purchase, lease purchase, receipt of gift,
receipt of inheritance, receipt of capital contribution, or exchange and other
transactions prescribed in this Law and corresponding regulations of law.
13. Apartment owner means
the owner of an apartment or the owner of other areas in an apartment building.
14. Vietnamese organization means
any regulatory agency, armed unit, public service provider, political
organization, socio-political organization, occupational-social-political
organization, social organization, socio-occupational organization, economic
organization and other organization prescribed in law on civil (hereinafter
referred to as organization).
15. Private area in an apartment
building means the interior area of each apartment or other areas of an
apartment building which is recognized as the private areas of each apartment
owner and private equipment in each apartment or other area of each apartment
owner prescribed in this Law.
16. Common area of an apartment
building mean the remaining area of an apartment building exclusive of the
private areas of the apartment owner and shared equipment in the apartment
building prescribed in this Law.
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18. Existing house means any
house which has been completed and put into operation.
19. Off-the-plan house means
any house which is under construction and has not been permitted to put into
operation.
Article 4. Rights
to have residence and acquire homeownership
Any household or individual is
entitled to have residence through investment in housing construction,
purchase, lease, lease purchase, receipt of gift, receipt of inheritance,
receipt of capital contribution, exchange, borrowing, stay, or authorization
for housing management and other transactions prescribed in regulations of law.
Any organization, household, or individual having legitimate housing through
the methods prescribed in Clause 2 Article 8 of this Law is entitled to acquire
ownership of such houses as prescribed in this Law.
Article 5.
Protection of homeownership
1. The State recognizes and
protects the homeownership of homeowners as prescribed in this Law.
2. Any houses under lawful
ownership of organizations, households or individuals shall not be
nationalized. In case of vital necessity for national defense and security
purposes; socio-economic development for national or public benefits, or state
of war, state of emergency, or disaster response, the State shall decide the
purchase, commandeering, or demolition of housing under lawful ownership of the
organizations, households, or individuals, then the State must pay compensation
and carry out policies on relocation to homeowners as prescribed.
Article 6.
Prohibited acts
1. Infringing the homeownership of
the State, organizations, households or individuals.
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3. Introducing policies on
residential construction projects or residential construction projects in
contravention of approved residential construction planning, residential
development planning.
4. Building houses on the pieces of
land other than residential land; build houses in contravention of standards
for design standards, housing area standards applied to each type of houses as
prescribed. Applying the incorrect calculation of floor area prescribed in law
on housing sale or specified in the lease purchase agreement.
5. Illegal appropriation of housing
areas; encroaching upon the space and facilities under common areas or
ownership of other owners in any shape or form; arbitrarily change the bearing
structure or change the design of private areas in the apartment building.
6. Using the common areas and
facilities under joint ownership or joint use for private purposes; use common
areas or the areas for service provision in a mixed-use building for improper
purposes against the approval of residential construction project or the
approved project, unless such area is permitted to change purposes by a
competent agency.
7. Using mobilized capital or
advance payments for housing development for improper purposes.
8. The investor in a residential
construction project authorizing or assigning the parties involved in
investment cooperation, joint venture, association, capital contribution or
other organizations, individuals to conclude agreements on housing lease, lease
purchase, sale, deposit agreements on housing-related transactions or agreement
on trading of land use rights in projects.
9. Making transactions in housing
sale or transfer of housing sale agreement, housing lease, lease purchase,
gifting, exchange, inheritance, mortgage, capital contribution, lending, and
permission for stay or authorization for housing management not in accordance
with this Law.
10. Renovating, expanding,
demolishing the houses under agreements on housing lease, lease purchase,
lending, permission for stay, or authorization of housing management without
the consent of the homeowner.
11. Using the apartments not for
residential purposes; using the area for business purposes in the apartment
building under approved project for trading flammable materials, explosives,
providing services causing environmental pollution, noise or negative effects
on the lives of households and individuals in the apartment building as
prescribed in regulations of the Government.
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13. Providing information about
housing inaccurately, untruthfully, unconformably with regulations or requests
of the competent agencies; destroy or falsify information in the database of
housing managed by the competent agencies.
Chapter II
HOMEOWNERSHIP
Article 7.
Entities eligible for the homeownership in Vietnam
1. Vietnamese organizations,
households or individuals (hereinafter referred to as Vietnamese entities).
2. Overseas Vietnamese.
3. Foreign organizations and
individuals (hereinafter referred to as foreign entities) prescribed in Clause
1 Article 159 of this Law.
Article 8.
Entities eligible for the homeownership recognition
1. Vietnamese entities; overseas
Vietnamese permitted to enter Vietnam; foreign entities prescribed in Article
160 in this Law.
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a) Vietnamese entities who invest
in housing construction, purchase, enter into lease purchase agreements,
receive gifts, receive inheritance, receive capital contribution, exchange
houses, or make other transactions prescribed in regulations of law .
b) Overseas Vietnamese who enter
into agreements on commercial housing purchase, lease purchase with enterprises
or cooperatives conducting real estate trading (hereinafter referred to as real
estate enterprise); agreements on housing purchase, gifting, exchange,
inheritance with households or individuals; agreements on residential land
transfer in the project on commercial housing construction which is permitted
to divide the piece of land into smaller lots/plots for sales as prescribed.
c) Foreign entities who enter into
agreements as prescribed in Clause 2 Article 159 of this Law.
Article 9.
Procedures for homeownership recognition
1. If any organization, household,
or individual is eligible for homeownership and has legitimate housing
prescribed in Article 8 in this Law, the house shall be granted the Certificate
of land use right, homeownership and property on land (hereinafter referred to
as the Certificate). The house which is granted the Certificate must be an
existing house.
2. Procedures for issuance of the
Certificate to the homeowner shall comply with regulations of law on land.
With respect to the
fixed-term agreements on housing ownership prescribed in Clause 1 Article 123
in this Law, the buyer shall be granted the Certificate within the term of the
agreement; when the contractual term of the agreement expires, the homeownership
shall be retransferred to the initial homeowner; the issuance or expiration of
the Certificate shall comply with regulations of the Government.
3. The competent agency in charge
of issuance of the Certificate must specify housing type and housing class in
the Certificate as prescribed in this Law and law on construction; specify
floor area and usable area regarding the apartment building; specify the name
of the residential construction project approved by the competent agency
regarding the housing in such project.
4. The Certificate of any house in
the residential construction projects for lease purchase or sale purposes shall
not be granted to the investor but it shall be granted to the lessees or the
buyers, unless the investor wishes to be granted the Certificate pertaining to
the house which is not under any agreement on lease purchase or sale; if the
investor builds houses for lease, such houses shall be granted the Certificate.
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Article 10.
Rights of homeowners and occupiers
1. If the homeowner is a Vietnamese
entity or an oversea Vietnamese, he/she shall have rights to:
a) Enjoy inalienable rights to
his/her lawful housing;
b) Use the house for residential
purposes and other purposes not prohibited by regulations of law.
c) Obtain the Certificate of the
house(s) under their lawful homeownership as prescribed in this Law and law on
land;
d) Sell housing or transfer the
agreement on housing purchase, lease , lease and purchase, gifting, exchange,
inheritance, mortgage, capital contribution, lending, permission for stay, or
authorize housing management ; if the agreement on housing gifting or
inheritance is concluded with an entity ineligible for the homeownership in
Vietnam, such entity is only entitled to the value of the house;
dd) Share the public utilities in
that residential area as prescribed in this Law and relevant regulations of
law.
The owner of an apartment building
has the right to ownership and enjoyment of the common areas and
infrastructural works of such apartment building, exclusive of buildings for
business or transfer to the State as prescribed, and the agreement on housing
sale or lease purchase;
e) Maintain, renovate, demolish, or
rebuild his/her house as prescribed in this Law and law on construction.
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h) File complaints, denunciation,
or lawsuits over violations against their lawful ownership and other violations
against law on housing.
2. If for a person has a fixed-term
homeownership as prescribed in Clause 1 Article 123 in this Law, he/she may
exercise the rights prescribed in Clause 1 of this Article over the
homeownership period, unless otherwise agreed among the parties; when the
contractual term expires, the house which is under management of the homeowner
must be returned to the initial homeowner.
3. If the homeowner is a foreign
organization or individual, he/she shall have the rights prescribed in Article
161 of this Law.
4. Any occupier other than the
homeowner may exercise rights to manage or use the house as agreed with the
homeowner.
Article 11.
Obligations of homeowners and occupiers
1. If the homeowner is a Vietnamese
entity or an oversea Vietnamese, he/she shall have rights to:
a) Use the house for proper
purposes as prescribed; compile and store documents on their house;
b) Comply with regulations on fire
safety, hygiene, environment, social safety and order as prescribed;
c) Comply with regulations on
housing sale or transfer of agreements on housing sale, housing lease, lease
purchase, gifting, exchange, inheritance, mortgage, capital contribution,
lending, permission for stay, or authorization of housing management; and
comply with the Law on marriage and family when the house which is matrimonial
property is transacted.
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dd) Purchase insurance against fire
pertaining to the house subject to insurance against fire as prescribed in law
on fire safety and law on insurance business;
e) Implement effective decisions on
actions against violations, disputes, complaints, or denunciation of housing,
housing compensation, relocation, or demolishment made by the competent agency
when the State withdraws their land, conducts land clearance, imposes
compulsory purchase orders;
g) Enable related entities and
competent persons to carry out the inspection, observation, or maintenance of
equipment systems, technical infrastructure, or common areas;
h) Fulfill financial obligations to
the State when their homeownership is recognized, their transactions are
conducted and over the period in which the house is used as prescribed.
2. If the homeowner is a foreign entity,
except for obligations prescribed in Clause 1 of this Article, he/she must
fulfill obligations prescribed in Clause 2 Article 162 in this Law.
3. The occupier other than the
homeowner is required to fulfill the obligations to manage or use the house under
the agreement with the homeowner and as prescribed in this Law.
Article 12.
Time of transfer of the homeownership
1. With respect to any agreement on
housing sale not prescribed in Clause 3 of this Article and any agreement on
housing lease purchase, the homeownership shall be transferred from the date on
which the buyer or the lessee pays off the total amount and receives the house,
unless otherwise agreed.
2. With respect to any agreement on
housing capital contribution, gifting, or exchange, the homeownership shall be
transferred from the date on which the beneficiary of that agreement receives
the house.
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4. With respect to housing
inheritance, the homeownership shall be transferred in accordance with law on
inheritance.
5. The housing-related transactions
prescribed in Clause 1, 2 and 3 of this Article shall comply with requirements
pertaining to housing-related transactions and the agreement must take effect
as prescribed in this Law.
Chapter III
HOUSING DEVELOPMENT
Section 1.
GENERAL PROVISIONS OF HOUSING DEVELOPMENT
Article 13.
Policies on housing development
1. The State shall provide
residential land resources by granting approval for land-use planning, urban
planning, particular area planning, or rural area construction planning.
2. The State shall issue policies
on planning, land, finance, credit, science and technology application, new
building materials to invest in renovation or reconstruction of apartment
buildings which are seriously damaged, in danger of collapse, or unsafe for the
occupiers, and encourage organizations, households or individuals to develop
housing for lease, lease purchase, or sale according to market mechanism.
3. The State shall issue policies
on tax exemption and reduction, exemption and reduction in land levies, land
rents, long-term credit with preferential interest rate, other financial
incentives and grant from capital resources of the State to carry out incentive
policies on social housing.
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5. The People’s Committees of
provinces or central-affiliated cities (hereinafter referred to as provinces)
and investors in commercial housing projects shall reserve residential land for
social housing construction as prescribed in law on housing.
Article 14.
Requirements pertaining to housing development
1. Conform to housing demands of
multiple entities and socio-economic conditions of the country, each local
government, each area or region in every period.
2. Conform to Strategy for national
housing development, construction planning, land-use planning and local housing
development planning in every period.
3. Comply with regulations of law
on housing; standards and quality of construction; conform to requirements
pertaining to prevention of fire and explosion and response; satisfy
requirements regarding architecture, landscape, hygiene, environment and safety
during the construction progress and response to disaster and climate changes;
save energy and land resources.
4. With respect to urban areas, the
housing development shall conform to specific construction planning and the
project. The residential construction project must satisfy requirements
prescribed in Clause 1, 2 and 3 of this Article to ensure the allocation of
population and gentrification. In special class, class 1, and class 2 urban
areas, it is essential to develop apartment buildings and housing for lease.
5. With respect to rural,
mountainous, border, or island areas, the housing development shall conform to
rural population planning, new countryside planning, custom of every ethnic
group, natural conditions of every region; in order to eliminate gradually shifting
cultivation, nomadic, ensuring sustainable rural development; encourage housing
development projects, multi-storey housing.
Article 15.
Local housing development programs and plans
1. According to the Strategy to
develop national housing, master plans for socio-economic development, land-use
planning, urban planning, particular area planning, local planning for rural
development approved, the People’s Committee of the province shall formulate
programs for local housing development including urban areas and rural areas
for 5-year period and 10-year period or longer, then they shall request that
program to the People’s Councils of provinces to approve as prescribed in
Article 169 of this Law.
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Article 16.
Determination of land resources for housing development
1. When the urban planning, rural
construction planning, planning for economic zone, industrial zone, processing
and exporting zone, or hi-tech zone (hereinafter referred to as industrial
zone), construction planning for higher education institutions, vocational
training institutions, except for science research institutes, local public
ethnic boarding schools (hereinafter referred to as research and training
areas) are formulated and approved, the competent agency in charge of planning
approval shall determine the area of residential land in the planning.
2. In the special class, class 1,
class 2, or class 3 urban areas, the investors in commercial housing projects
shall reserve a portion of residential land in the project whose infrastructure
systems are constructed to build social housing as prescribed in regulations of
the Government. In the remaining urban areas, the People’s Committee of the
province shall reserve a portion of residential land in the project whose
infrastructure systems are constructed to build social housing.
Article 17.
Forms of housing development and residential construction projects
1. Forms of housing development
include:
a) Development of housing in
projects;
b) Development of housing of
households or individuals.
2. Residential construction
projects prescribed in this Law include:
a) Projects for building or
renovating an independent housing or housing estate;
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c) Projects for building urban
areas or projects using multi-purpose land which have residential land plots;
d) Projects for building works for
both residential and business purposes.
Article 18.
Types of housing development and project-based housing construction
1. Types of housing development
include:
a) Commercial housing development;
b) Social housing development;
c) Official residence development;
d) Housing serving the relocation
development;
dd) Housing of household or
individual development.
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a) Development of housing invested
by real estate enterprises for lease, lease purchase, or sale;
b) Renovation and reconstruction of
old housing areas and/or apartment buildings;
c) Development of housing serving
the relocation;
d) Development of state-owned
housing.
Article 19.
Requirements pertaining to residential construction projects
1. Residential construction
projects prescribed Clause 2 Article 17 of this Law shall comply with
regulations of this Law.
2. A residential construction
project may only be formulated, approved and implemented in the area which has
the specific plan approved by the competent agency and comply with requirements
prescribed in Article 14 of this Law.
3. The residential construction
project and areas in the project must be named in Vietnamese; in case the
investor in a commercial housing project wishes to have the project named in a
foreign language, the full Vietnamese name shall be written first, then the
foreign name. The names of the project and areas in the project must be
permitted by the competent agency and they shall be used throughout the period
of construction and operation.
4. The investor in the residential
construction project must completely finish the approved project; in case the
investor wishes to adjust the content of the project including name, schedule,
types of housing, total floor area, total number of housing, rate of types of
housing, and total investment regarding the project invested by state capital,
that adjustments must be decided by the competent agency as prescribed in
Article 170 of this Law before the construction is commenced.
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a) Number of projects; total number
of housing and total floor area of housing which is constructed annually in the
residential construction projects in the province;
b) Essential contents of every
residential construction project in the administrative divisions includes
names, locations, scale, specific plans, schedule, types of housing, investment
objectives, total floor area, total number of housing, forms of housing
business and other related content prescribed in law on real estate trading;
c) The information about the
projects prescribed in Point a and b of this Clause must be disclosed over the
progress of the projects.
Article 20.
Requirements pertaining to residential architecture
1. The residential architecture
must conform to requirements pertaining to natural condition, disaster
response, scientific and technical standards, historical and cultural
traditions and specific planning for construction approved by the competent
agency.
2. The residential architecture in
an urban area must meet requirements pertaining to harmonious combination
between renovation and new constructions, separate housing and overall
architecture of the urban area, or urban design and regulations on management
of urban architecture planning.
3. The residential architecture in
a rural area must meet requirements pertaining to harmonious combination with
natural landscape and custom, business condition of households and individuals
and ethnic groups in every region.
Section 2.
PROJECT-BASED COMMERCIAL HOUSING DEVELOPMENT
Article 21.
Investors in commercial housing projects must:
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2. Have sufficient legal capital as
prescribed in law on real estate trading and have deposited capital for every
project as prescribed in law on investment.
3. Be licensed for real estate
trading as prescribed.
Article 22.
Projects for commercial housing construction and investor selection
1. Projects for commercial housing
construction must be formulated, accessed, approved and executed as prescribed
in regulations of this Law and law on construction.
2. The investors in projects for
commercial housing construction shall be selected through the following
methods:
a) Holding land auction prescribed
in law on land;
b) Inviting bids for land-using
projects;
c) Appointing investors who meet
all requirements prescribed in Article 21 of this Law or having lawful land use
rights as prescribed in Clause 1 and Clause 4 of Article 23 of this Law.
3. The housing authorities of
provinces shall report the selection of investors in the projects for
commercial housing construction to the People’s Committee of the province for
decision; in case the project is a large-scale projects and relates to multiple
provinces as prescribed in regulations of the Government, the housing authority
of each province shall report it to the competent agency prescribed in Clause 2
Article 170 of this Law before selecting the investors.
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1. Building commercial housing on
lawful residential land plots.
2. Building commercial housing for
lease, lease purchase, or sale on land plots allocated by the State.
3. Building commercial housing for
lease on land plots leased out by the State.
4. Building commercial housing on
land plots which are transferred as prescribed in law on land.
Article 24.
Types of housing and standard areas of commercial housing
1. The investor shall decide types
of housing, standard areas of every commercial housing provided that they
conform to specific construction planning, standards of residential
construction and architecture, and the approval for residential construction
policies granted by the competent agency.
2. Apartments must have a closed
designed and floor areas conformable with construction standards and
regulations.
3. Separate housing must be built
in accordance with construction planning, approved designs, and construction
standards & regulations.
Article 25.
Rights of investors in projects for commercial housing construction
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2. Enter into agreements on housing
lease, lease purchase or sale; mobilize capital, collect payments from
agreements on housing lease, lease purchase or sale as prescribed in this Law,
law on real estate trading and the signed agreement.
3. Exercise rights of land users
and trade in products of the projects as prescribed in law on land and law on
real estate trading.
4. Transfer part or all of the
project as prescribed in law on real estate trading.
5. Manage; operate the technical
infrastructure within the scope of the project in conformity with the approval
of residential housing projects granted by the competent agency.
6. Request the competent agency to
grant the Certificate of housing in the projects prescribed in Article 9 of
this Law and law on land.
7. Benefit from incentive policies
carried out by the State over the progress of the project as prescribed.
8. Exercise other rights as
prescribed in regulations of this Law and relevant law provisions.
Article 26.
Obligations of investors in projects for commercial housing construction
1. Exercise other rights as
prescribed in regulations of this Law and relevant law provisions.
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3. Build housing and technical
and/or social infrastructural works according to the specific planning and
approval of residential housing policies granted by the competent agency,
satisfy standards of design, standard housing areas and rate of progress of the
approved projects.
4. Reserve the land plots used for
technical infrastructure in the projects for social housing as prescribed in
law on housing.
5. Announce the information
prescribed in Point b Clause 5 Article 19 of this Law on their websites and at
the head offices of their project management board; send reports on
implementation of the projects periodically and at the end of the progress of
the projects as prescribed in law on housing and law on real estate trading.
6. Fulfill all commitments in the
agreements on project trading, transfer of housing and related documents on
housing transactions to clients; conduct transactions in housing sale, lease,
or lease purchase and trading in land use rights as prescribed in law on real
estate trading.
7. Apply for the Certificates of
housing which are granted to the buyers or the lessees by the competent agency
within 50 days, from the date on which the housing is transferred to the buyers
or the lessees pay off the contractual total amount, unless the buyers or the
lessees wish to apply for the Certificates themselves. In case the housing is
built for lease, the investors must file and store documents on housing as
prescribed in Article 76 and Article 77 of this Law.
8. Provide warranty on housing as
prescribed in this Law and law on construction; fulfill financial obligations
to the State as prescribed.
9. Abide by effective decisions on
actions against violations against regulations on housing development, capital
mobilization, advance payment of clients, housing transactions and other
transactions prescribed in this Article made by the competent agencies.
10. Pay compensation if the
investor causes damage to clients or organizations, households or individuals
involved in housing construction.
Section 3:
OFFICIAL RESIDENCE DEVELOPMENT
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1. The State shall allocate the
budget, including central budget and local budget to build official residences
or to buy or rent commercial housing for official residences. The official
residences include central official residences and local official residences.
2. The official residences
constructed or originated from commercial housing must conform to the plans for
official residence development prescribed in Clause 3 of this Article; ensuring
the official residence users the safety condition of work and convenience of
living and traveling.
3. Plans for official residence
development shall follow procedures below:
a) The central agencies shall
determine their demands for official residences, then send them to the Ministry
of Construction for assessment and formulate the plans for official residence
development of the central agencies, then request the Prime Minister for
approval, except for cases prescribed in Point b of this Clause;
b) The Ministry of National Defense
and/or the Ministry of Public Security shall determine the demands and
formulate the plans for official residences of entities prescribed in Point d
Clause 1 Article 32 of this Law, then request the Prime Minister for approval
after receiving the suggestion of the Ministry of Construction.
c) The People’s
Committee of the province shall make and approve the plans for official
residence development in the plan for local housing development as prescribed
in Article 15 of this Law;
d) The agencies making plans
prescribed in Point a, b and c of this Clause must clarify the demands for
official residences including type of housing, floor area; location and area
for housing construction, area of commercial housing used for official
residences; capital resources and phasing of investment every year and every 5
years; determine responsibility of relevant agencies.
4. The Government shall provide
guidance on construction, sale or lease of commercial housing for official
residences, eligible entities, requirements for official residence lease and
the management and use of official residences.
Article 28.
Projects for official residence construction and investor selection
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2. Projects for official residence
construction include:
a) Projects in which the investment
is decided by the Prime Minister at the request of the Ministry of Construction
leased out to central agencies, except for cases prescribed in Point b of this
Clause;
b) Projects in which the investment
is decided by the Ministry of National Defense and/or the Ministry of Public
Security, after being discussed with the Ministry of Construction and approved
by the Prime Minister leased out to entities prescribed in Point d Clause 1
Article 32 of this Law;
c) Projects in which the investment
is decided by the People’s Committee of the province and at the request of
agency of province in charge of housing allocated to entities subject to job
rotation in local governments.
Regarding entities subject to job
rotation in wards, districts, towns, province-affiliated cities and equivalent
(hereinafter referred to as district) and entities prescribed in Point c, dd, e
and g Clause 1 Article 32 of this Law, the People’s Committee of the province
shall decide the investment of the project or authorize the People’s Committee
of district to divide the investment of the project.
3. The investor in a project for
official residence construction shall be selected as follows:
a) The Prime Minister shall select
the investors in the project as prescribed in Point a Clause 1 of this Article
at the request of the Ministry of Construction;
b) The Minister of National Defense
and/or shall select the investor in the project as prescribed Point b Clause 2
of this Article;
a) The People’s Committee of the
province shall select the investors in the project prescribed in Point c Clause
1 of this Article at the request of the housing authority of province.
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1. The area of land used for
official residence construction shall be specifically determined in the
construction planning approved by the competent agency as prescribed in Clause
1 Article 16 of this Law.
2. Regarding central official
residences, the Ministry of Construction shall take charge and cooperate with
the People’s Committee of the province in determination of area of land used
for official residences in administrative divisions, except for cases
prescribed in Clause 3 of this Article. The People’s Committee of the province
shall allocate land plots for official residence construction at the request of
the Ministry of Construction.
3. Regarding official residence
allocated to entities prescribed in Point d Clause 1 Article 32 of this Law,
the Ministry of National Defense and/or the Ministry of Public Security shall
take charge and cooperate with the People’s Committee of the province in
determination of area of land used for official residence construction.
4. Regarding local official
residences, the People’s Committee of the province shall allocate land plots
for official residence construction when filing and approving the planning
prescribed in Clause 1 Article 16 of this Law.
5. The State shall not collect land
levies on land plots used for official residence construction as prescribed
this Article.
Article 30.
Buying or renting commercial housing for official residences
1. Regarding any local government
having commercial housing which is built under projects and conformable with
type of housing and space housing standards prescribed in Article 31 of this
Law, the competent agency prescribed in Clause 2 Article 38 of this Law may buy
or rent that commercial housing for official residences.
2. The purchase of commercial
housing for official residences must be made in project and approved by the
competent agency prescribed in Clause 2 Article 28 of this Law.
3. The selling price of the
commercial housing shall be decided by the person in charge of investment
decision refer to market selling prices of housing and price appraisal of the
appraising agency on the date on which the housing is sold.
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5. The capital shall be provided by
the central budget for buying or renting commercial housing for official
residences which are allocated to entities of central agencies, including
housing of the Ministry of National Defense and/or the Ministry of Public
Security. The capital shall be provided by the local budget for buying or
renting commercial housing for official residences which are allocated to
entities of local agencies.
Article 31.
Types of housing and housing area standards pertaining to official residences
1. The official residences include
separate houses and apartments with different housing area standards in
conformity with every entity entitled to rent the official residence.
2. The housing area standards
pertaining to official residences shall be decided by the Prime Minister and
adjusted in conformity with every period at the request of the Ministry of
Construction.
Article 32.
Eligible entities and requirements for renting official residences
1. The entities entitled to rent
official residences include:
a) Senior officials of the
Communist Party and/or the State entitled to rent the official residences over
the duration in which they are on duty;
b) Officials and civil servants of
bodies of the Communist Party, the State, socio-political organizations who are
not entitled to rent official residences as prescribed in Point a of this
Clause but they are subject to job rotation in the central agencies and holding
at least Deputy Minister positions or equivalent; or subject to job rotation in
the local agencies and holding at least President of the People’s Committee of
district or Director of Service positions or equivalent;
c) Officials and civil servants of
bodies of the Communist Party, the State, socio-political organizations who are
not entitled to rent official residences as prescribed in Point b of this
Clause but they are subject to job rotation in communes of remote areas or
severely disadvantaged areas, border or island areas;
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dd) Teachers who are teaching in
the rural areas, remote areas, severely disadvantaged areas, border or island
areas;
e) Doctors, health workers who are
working in the rural areas, remote areas, severely disadvantaged areas, border
or island areas;
d) Scientists who are in charge of
national science and technology projects prescribed in the Law on science and
technology.
2. Requirements for renting
official residences:
a) The official residences are
allocated to entities prescribed in Point a Clause 1 of this Article as
required by security;
b) The official residences shall be
allocated to entities prescribed in Point b, c, d, dd, e, and Clause 1 of this
Article if they have not any house under their ownership and have not
purchased, rented or rented and purchased social housing in the administrative
divisions where they are working; or they have houses under their ownership in
the administrative divisions where they are working, but their floor area per
capita in the households is lower than the minimum floor area regulated by the
Government in every period and every area.
Article 33.
Rules for determination of official residence rents
1. It is required to calculate
accurately and sufficiently essential expenditures on management of operation
and maintenance and management of the lease during the lease term of the
official residence.
2. The land levies on official
residence construction and depreciation expenses on capital invested in
official residence construction or expenditures on buying commercial housing
for official residence shall not be included.
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4. In case renting commercial
housing for official residences, the lessee shall pay the rents which are lower
than the commercial housing rents as prescribed in regulations of the
Government.
Article 34. Rights
and obligations of lessees of official residences
1. The lessee of an official
residence has rights to:
a) Receive the official residence
and equipment attached to the housing as agreed in the housing lease;
b) Use the official residence as
housing for them or their family over the duration in which he/she is on duty;
c) Request the housing managing
organization to repair promptly damages not caused themselves;
d) Keep concluding the agreement on
official residence lease if the lease term expires but he/she still satisfies
requirements for renting official residences as prescribed in this Law;
dd) Exercise other rights as
prescribed in regulations of law and as specified in the agreement on official
residence lease.
2. The lessee of an official residence
has obligations to:
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b) Reserve the official residence
and assets attached to; do not renovate, repair, or demolish the official
residence without the consent of the lessor; or comply with regulations on
management and use of apartment buildings if he/she lives in an apartment.
c) Do not sublet, lend official
residences, or authorize the management of official residences;
d) Pay the contractual rents and
pay other living expenses as regulated by the service provider;
dd) Return the official residence
to the State when he/she is not entitled to rent the official residence, or
does not wish to rent the official residence, or commit violations subject to
housing withdrawal as prescribed in this Law within 90 days, from the date on
which the notification of the agency in charge of management of official
residence is received;
e) Implement the enforcement of a
decision on housing withdrawal issued by the competent agency in case the
housing is subject to withdrawal enforcement;
g) Fulfill other obligations as
prescribed in regulations of law and as specified in the agreement on official
residence lease.
Section 4:
DEVELOPMENT OF HOUSING SERVING THE RELOCATION
Article 35.
Rules for development of housing serving the relocation
1. Before implementing the plan for
land withdrawal or land clearance to build other constructions in a special,
class 1, or class 2 urban area, the State shall prepare housing sources
according to project-based commercial housing or social housing serving the
relocation, except for cases prescribed in Clause 4 Article 36 of this Law.
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3. If the plan for land withdrawal
and land clearance is implemented to run projects for commercial housing
construction, but the people subject to the land clearance wish to relocate on
the same location, the investor must priorly reserve commercial housing in that
project to serve the relocation.
4. If the plan for land withdrawal
and land clearance is implemented to run projects for industrial park
infrastructure but the people subject to the land clearance wish to relocate,
the investor must build housing serving the relocation in the same area
conformable with housing construction for workers working in industrial parks
or allocate other housing to them.
5. The investment in housing
construction serving the relocation must conform to the project; regarding
rural areas, the projects for housing construction serving the relocation must
include the allocation of land resources to serve production to the people
subject to relocation.
6. The housing serving the
relocation must be equipped sufficient technical and social infrastructure
according to the approved specific construction planning, or design documents
and in accordance with Article 14 of this Law.
Article 36.
Arrangement for housing serving the relocation
1. Buying project-based commercial
housing to lease, lease and sell, sell to the people subject to relocation.
2. Using project-based social
housing to lease, lease and sell, sell to the people subject to relocation.
3. The State directly invests in
housing construction by government budget, government bonds, Official
Development Assistance, concessional loans from sponsors, credit capital of the
State or invests in housing construction serving the relocation to lease, lease
and sell, sell to the people subject to relocation according to type of
Build-Transfer contracts on the proper land as prescribed.
4. The households or individuals
shall be paid money to buy, rent, or rent and buy commercial housing in the
administrative divisions as housing serving the relocation or allocated
residential land plots by the State to build housing themselves according to
the approved planning.
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1. The allocation of residential
land serving the relocation must comply with Article 35 of this Law and
regulations of law on land.
2. The area of residential land
serving the relocation shall be determined in the construction planning
approved by the competent agency as prescribed in Clause 1 Article 16 of this
Law.
Article 38.
Projects for housing construction serving the relocation and investor selection
1. The project for housing
construction serving the relocation shall be filed, accessed, approved and
implemented as prescribed in this Law and law on construction.
2. The investor in housing
construction project serving the relocation includes professional project
management board in the People’s Committee of the province, Land development
organization of province and real estate enterprises; the investors shall be
selected as prescribed in Clause 3 and Clause of this Article.
3. Regarding the projects for
housing construction serving the relocation using capital resources or in the
form prescribed in Clause 3 Article 36 of this Law, the housing authority of
province shall request the competent person to select the investors.
4. Regarding projects for housing
construction serving the relocation not subject to Clause 3 Article 36 of this
Law, the investors shall be selected as follows:
a) If the housing is built to serve
the relocation for special projects of national significance, the Prime
Minister shall decide whether to select the investors or authorize the Minister
of Construction to select the investors;
b) If the housing is built to serve
the relocation for projects not subject to Point a of this Clause, the People’s
Committee of the province shall select the investors.
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1. Regarding urban areas, the
housing serving the relocation must meet the requirements below:
a) It is an apartment or separate
house which is built in conformity with the specific construction planning and
the approved plan for local housing development;
b) If it is an apartment, it must
be designed or constructed self-contained style and in conformity with
construction standards. When designing the housing serving the relocation, the
investor may allocate a portion of area to run business in conformity with
actual condition of every project;
c) If it is a separate house, it
must be constructed according to the approved specific construction planning or
design; conform rules for housing architecture prescribed in Article 20 of this
Law and ensure the minimum land area as prescribed in law on land.
2. Regarding rural areas, the
housing serving the relocation must meet requirements pertaining to floor area
and auxiliary works attached to the housing serving daily needs or production,
rules for housing architecture prescribed in Article 20 of this Law and minimum
land area as prescribed in law on land.
Article 40.
Quality management of housing serving the relocation
1. The housing and constructions in
the project are only granted the acceptance if they meet requirements
pertaining to construction design and standards. The investor may not change
the design of floor area and auxiliary works (if any) to serve the relocation
after the competent agency approving the plan for relocation.
2. The relocation is only
implemented after the housing is granted acceptance as prescribed in law on
construction.
3. The following organizations or
individuals shall be responsible for the quality of the housing serving the
relocation:
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b) The competent agencies acquiring
competence in signing the Build - Transfer contract to build housing serving
the relocation;
c) The investors in projects for
commercial housing or social housing construction serving the relocation.
4. The housing authority of province
must provide guidance and inspect the quality control of housing serving the
relocation in the province.
Article 41.
Buying commercial housing and using social housing to serve the relocation
1. Regarding the purchase of
housing serving the relocation, the agency in charge of relocation shall
conclude the sale agreement or orders for commercial housing sale with the
investors
a) In case the agency in charge of
relocation concludes an agreement on housing sale with the investor, the people
subject to the relocation shall conclude agreements on housing sale, lease,
lease purchase with that agency;
b) In case the agency in charge of
relocation concludes the order for housing sale with the investor, the people
subject to the relocation shall directly conclude agreements on housing sale
with the investor according to the order;
c) The investor in commercial
housing project must request the competent agency to grant Certificates to the
buyers or the lessees prescribed in Point a and Point b of this Clause, unless
the buyers or the lessees wish to apply for the Certificates themselves.
2. With regard to social housing
serving the relocation, any entity subject to the relocation shall enter into
agreements on social housing lease, lease purchase, or sale as prescribed in
this Law.
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Section 5:
DEVELOPMENT OF HOUSING OF HOUSEHOLDS AND INDIVIDUALS
Article 42.
Requirements pertaining to development of housing of households and individuals
in rural areas
1. It is required to conform to
planning for building community groups, connect to the technical infrastructure
of residential areas and ensure the requirements relating to hygiene and
environment.
2. The housing must be constructed
or renovated in combination with the preservation of architecture of
traditional housing and in conformity with custom and condition of each area or
region.
3. The households and individuals
are only entitled to build housing on their lawful pieces of residential land.
4. With regard to the construction
of project-based housing, it must conform to the approved specific planning of
the project. With regard to any area which is required the License for, the
design documents must conform to the content of the License for construction or
the approved design documents.
5. The People’s Committee of the
province shall consider providing a portion of or entire funding from the
budget to households and individuals preserving or renovating housing in the
area which is required preserve its artistic, cultural, or historic value.
Article 43.
Requirements pertaining to development of housing of households and individuals
in urban areas
1. It is required to have lawful
residential land use rights, have legitimate housing and the housing is
renovated or rebuilt as prescribed in law on construction.
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3. The construction of housing must
connect to the technical infrastructure of residential areas and ensure the
requirements relating to hygiene, environment, residential architecture and
does not cause negative effects on other adjacent constructions.
Article 44.
Land used for development of housing of households and individuals
1. Residential land under lawful
ownership of households and individuals, or leased or lent from other
households and individuals to build housing.
2. Residential land allocated by
the State to build housing as prescribed in law on land.
3. Residential land allocated as
compensation by the State in case of land withdrawal as prescribed in law on
land.
Article 45.
Methods of developing housing of households and individuals
1. The households and individuals
in rural areas shall build housing under methods below:
a) Build housing themselves, or
hire other organizations or individuals to build housing, or enjoy the support
for housing construction from other organizations or individuals;
b) Cooperate together in housing
construction.
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a) Build housing themselves, or
hire other organizations or individuals to build housing, or enjoy the support
for housing construction from other organizations or individuals;
b) Hire the organizations or
individuals qualifying for housing construction as required by law on
construction;
c) Cooperate in renovation and/or
gentrification including housing.
Article 46.
Requirements and quality of housing of households and individuals
1. The housing must be built on the
piece of land satisfying requirements pertaining to the housing area standards
as prescribed in law on land.
2. The households or individuals in
urban areas shall build or renovate housing as prescribed in law on
construction and take responsible for the housing quality.
In case the household or individual
is permitted to build a multi-storey house whose each storey has two
self-contained apartments or above satisfying minimum floor area standards,
private areas and common areas in the apartment building as prescribed in this
Law, each apartment shall be recognized the homeownership.
3. The useful life of the separate
housing shall be determined according to the level of housing and actual
condition of that housing.
If a house is seriously damaged, in
danger of collapse leading to unsafe condition for the users, it must be
demolished as prescribed in Section 4 Chapter VI of this Law.
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1. Conform to procedures for
renovation or construction of housing as prescribed in law on construction.
2. Comply with regulations on
hygiene and environment over the housing renovation or construction progress.
3. Ensure the safety of people and
assets of adjacent apartments over the housing construction or renovation
progress; if they cause damages, they must pay compensation as prescribed.
4. If any household or individual
invests in housing construction for lease, lease purchase, or sale, they must
also comply with regulations in Chapter VIII of this Law.
5. Fulfill other responsibility
when they renovate or construct housing as prescribed.
Article 48.
Cooperation of households and individuals in housing construction and
gentrification
1. The households and individuals
shall cooperate in housing construction and gentrification including housing by
the finance capacity, workforce, materials and effort of member in the
cooperate group.
2. All members in the cooperate
group shall enter into agreements on method of capital contribution, workforce,
materials, duration of cooperation, rights and obligations of the members and
their commitment to perform the agreement.
Chapter IV
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Section 1:
GENERAL PROVISIONS
Article 49.
Entities eligible for incentive policies on social housing
If the entities below satisfy
requirements prescribed in Article 51 of this Law, they shall be eligible for
incentive policies on social housing:
1. People with meritorious services
to the Resolution prescribed in law on preferential treatment for people with
meritorious services to the Resolution;
2. Households living in poverty or
near poverty in rural areas;
3. Households that are often
affected by natural disasters or climate changes in rural areas;
4. Individuals living in low
income, poverty or near poverty in the urban areas;
5. Employees working in enterprises
inside or outside the industrial zones;
6. Commissioned officers,
professional and technical non-commissioned officers, standing army, and
workers in the agencies of People’s Police and People’s Army;
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8. Entities who have returned
official residence as prescribed Clause 5 Article 81 of this Law;
9. Students of institutes,
universities, colleges, vocational training institutions; students of the
public ethnic boarding schools using social housing during their duration of
study;
10. Households or individuals
subject to land withdrawal and land clearance as prescribed without any
compensation in form of housing or residential land paid by the State.
Article 50.
Implementation of incentive policies on social housing
1. Lease, lease and purchase, or
sell the social housing to entities prescribed in Clause 1, 4, 5, 6, 7, 8 and
10 Article 49 of this Law; or only lease the social housing to entity
prescribed in Clause 9 Article 49 of this Law.
2. Support entities prescribed in
Clause 1, 2 and 3 Article 49 of this Law in construction or renovation of
housing according to the target programs for housing.
3. Allocate residential land with
reduction or exemption from land levies or gift housing to the entities
prescribed in Clause 1, 2 and 3 Article 49 of this Law as prescribed in law on
land or housing gifting.
4. Grant preferential loans given
by the State for entities prescribed in Clause 1, 4, 5, 6 and 7 Article 49 of
this Law though social policy banks or credit institutions appointed by the
State to build or renovate their housing.
Article 51.
Requirements for eligibility for incentive policies on social housing
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a) They have not had any house
under their homeownership, have not concluded any agreements on social housing
purchase, lease, or lease purchase, have not benefited from any policy on
housing or residential land support in any shape or form at the places where
they live, study, or have houses under their homeownership, but the floor space
per capita in the household is lower than the minimum space standard regulated
by the Government in every period and every area;
b) They are required to register
permanent residence in the province where the social housing is located; if
not, they are required to register temporary residence in that province for at
least one year, except for cases prescribed in Clause 9 Article 49 of this Law;
c) With respect to entities
prescribed in Clause 4, 5, 6 and 7 Article 49 of this Law, they are required to
be not subject to regular income tax as prescribed in law on personal income
tax; with respect to households living in poverty and near poverty, they must
be subject to the households living in poverty and near poverty as prescribed
in regulations of the Prime Minister. With respect to entities prescribed in
Clause 1, 8, 9 and 10 Article 49 of this Law, they are not required to satisfy
requirements pertaining to income as prescribed in this Point.
2. The entities eligible for the
policies as prescribed in Clause 2 and Clause 3 Article 50 of this Law must
conform to approval for target programs for housing granted by the competent
agency.
3. Any entity eligible for the
policies as prescribed in Clause 4 Article 50 of this Law shall satisfy the
requirements pertaining to housing, residence, and income as follows:
a) They have residential land
without housing, or they have housing but it is damaged or dilapidated;
b) They have registered permanent
residence in the place where their residential land or housing required
construction or renovation is located.
Article 52.
Rules for the implementation of incentive policies on social housing
1. The policy on social housing
support must follow the rules below:
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b) The policy must be publicized
and transparent, under close inspection of the competent agency and
communities;
c) The policy only applies to
entities meeting all requirements as prescribed;
d) In case an entity benefits from
more than one policy, he/she shall only benefit from the best policy; in case
there are many entities meeting the same requirements, the disabled or women
shall be given priority;
dd) In case a household has more
than one entity benefiting from the policies, there is only one policy applying
to that household.
2. The People’s Committee of the
province shall implement and inspect the policies on social housing in the
province.
Section 2. POLICIES
ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING FOR LEASE, LEASE PURCHASE, OR SALE
Article 53.
Forms of social housing development
1. The State invests in social
housing construction using government budget, national bonds, bonds, Official
Development Assistance, concessional loans given by the sponsors, credit
capital for development or invests in social housing construction for lease or
lease purchase according to the Build-Transfer contracts on the proper land as
prescribed.
2. The enterprises or cooperatives
invest in social housing construction for lease, lease purchase or sale; or buy
or rent housing for their workers’ accommodation though lease contracts and
receive the State’s incentives prescribed in Clause 1 Article 58 and 59 of this
Law.
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Article 54.
Requirements pertaining to projects for social housing construction
1. Conform to requirements
prescribed in Article 19 of this Law; regarding the social housing construction
which is not approved in the plans for housing development, the People’s
Committee of the province shall consult the People’s Councils of province
before granting the approval for the housing construction project.
2. The People’s Committee of the
province shall reserve a private area to set up a project for social housing
construction for lease.
3. With regard to a project for
social housing construction which is not in the area required to set up private
project for social housing construction for lease prescribed in Clause 2 of
this Article, the investor shall reserve at least 20% of area of social housing
in the project for lease; the investor is eligible for incentives for housing
construction for lease as prescribed in Clause 1 Article 58 of this Law
equivalent to such 20% of area and entitled to sell this house to the lessees
as prescribed in regulations on social housing sale after 5-year-lease term.
4. The projects for social housing
construction must be managed their quality and standard areas, rents,
lease-purchase prices, selling prices, and the approval of entities eligible
for housing lease, lease purchase, or sale.
Article 55.
Requirements regarding types of housing and housing area standards of social
housing
1. They are apartment buildings or
separate houses in conformity with the specific planning for construction
approved by the competent agency.
2. With respect to separate houses,
they must be designed and built according to standards of construction and
housing area standards of social housing.
3. With respect to apartment
buildings, they must be designed and built in self-contained style, and in
conformity with standards of construction and housing area standards of social
housing.
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1. When approving an planning for
urban area construction, a planning for rural area construction, or a planning
for industrial zone and/or training research zone construction, the People’s
Committee in charge of planning approval shall determine the area of pieces of
land used for social housing construction.
2. The area of land and information
about location used for social housing development shall be announced on the
website of the People’s Committee of the province and the housing authority of
province.
3. Land used for social housing
development includes:
a) Land allocated by the State for
housing construction for lease, lease purchase and/or sale;
b) Land leased by the State for
housing construction for lease;
c) The area of residential land in
the projects for commercial housing construction which is reserved for social
housing as prescribed in Clause 2 Article 16 of this Law;
d) Lawful residential land of
organizations, households and/or individuals used for social housing
construction.
Article 57.
Investors in projects for commercial housing construction
1. With respect to the social
housing invested by capital resources prescribed in Clause 1 Article 53 of this
Law, the competent persons in charge of investment approval shall select the
investor(s) according to the report sent by the Ministry of Construction
regarding central investment-related capital or sent by the housing authority
of province regarding local investment-related capital.
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a) With respect to the social
housing which is constructed on the piece of land allocated or leased by the
State, if there are more than one investors registering for being the
investor(s), they shall be selected through inviting bids; if there is only one
investor registering for being the investor, he/she shall be appointed;
b) With respect to the social
housing which is constructed on the piece of land resaved in a project for
commercial housing construction as prescribed Clause 2 Article 16 of this Law,
the investor in that project shall be appointed as the investor in the project
for social housing construction, unless the State allocates such piece of land
to other organization for social housing construction;
c) In case any enterprise or
cooperative has lawful piece of land in conformity with the planning for
housing construction, meets all requirement for being the investor and wishes
to build social housing, such enterprise or cooperative shall be assigned as
the investor in the project for social housing construction;
d) In case the social housing is
constructed to provide accommodation for workers in a industrial park, any
enterprise providing infrastructure services, manufacturing enterprise, or real
estate enterprise shall be assigned as the investor in the project by the
State.
3. Any household or individual is
entitled to build social housing on their lawful piece of residential land.
4. The investor(s) prescribed in
Clause 1, 2 and 3 of this Article shall be in charge of social housing
construction as prescribed.
Article 58.
Incentives for the investors in social housing projects
1. The enterprise or cooperative
investing in social housing construction for lease, lease purchase and/or sale
without using capital resources prescribed in Clause 1 Article 53 of this Law
shall be provided with the incentives as follows:
a) Exemption from land levies
and/or land rents on the piece of land allocated or leased for social housing
construction by the State;
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c) Concessional loans granted by a
bank for social policies or a credit institution operating in Vietnam;
preferential loans regarding the social housing construction for lease with
lower interest rate and longer terms in loan agreement than the social housing
construction for lease purchase or sale;
d) Qualify for entire or a portion
of funding for technical infrastructure construction within the scope of the
project for social housing construction provided by the People’s Committee of
the province; or qualify for the entire funding regarding the social housing
construction for lease;
dd) Other preferential policies
prescribed in regulations of law.
2. The household or individual
investing in social housing construction for lease, lease purchase or sale
shall be provided with incentives prescribed in Clause 1 of this Article if
they meet all requirements below:
a) Their housing is constructed in
conformity with the construction planning approved by the competent agency and
enable connected to the infrastructure of a residential area;
b) Their housing meets all
requirements regarding standards of construction and housing area standards
housing area standards of social housing;
c) Their housing's selling price,
rent, or lease purchase price is determined according to the price bracket
issued by the People’s Committee of the province where the housing is located.
Article 59.
Incentives for organizations providing accommodation for their employees
1. In case an industrial enterprise
or cooperative buys or rents housing to provide accommodation for their
employees without collecting the rents, or collecting the rents but such rents
are not larger than social housing rents charged/fixed by the People’s
Committee of the province, their expenditures on housing purchase or rent shall
be considered as proper cost and included in their production costs when
calculating corporate income tax.
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Article 60.
Determination of the rents and lease purchase prices of social housing invested
by the State
The rents or lease purchase prices
of the social housing invested by the State using capital resources prescribed
in Clause 1 Article 53 of this Law shall be determined as follows:
1. Regarding the housing under
lease agreements, the rents shall comprise expenditures on housing maintenance;
capital recovery costs for at least 20-year payback period, from the day on
which the lease agreement is signed; regarding the housing leased out to
students, the rents shall only comprise expenditures on administration and
maintenance, exclusive of the capital recovery costs;
2. Regarding the housing under
lease purchase agreement, the lease purchase prices shall comprise the capital
recovery costs for at least 5-year payback period, from the day on which the
lease purchase agreement is signed;
3. The land levies and/or land
rents on the piece of land used for social housing construction shall be
exempted;
4. The competent agency prescribed
in Clause 2 Article 81 of this Law shall promulgate the rents and lease
purchase prices of social housing.
Article 61.
Determination of the rents and lease purchase prices of social housing not
invested by the State
1. Regarding the social housing
which is constructed not using capital resources prescribed in Clause 1 Article
53 of this Law, their rents, lease purchase prices, or selling prices shall be
determined as follows:
a) The rents shall comprise the
expenditures on housing maintenance; capital recovery cost, interests (if any),
or profit quotas prescribed in regulations of the Government, exclusive of
incentives provided by the State prescribed in Clause 1 Article 58 of this Law;
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c) The selling prices shall be
determined by the investor to cover the expenses, loan interest (if any), and
generate profits within the limits prescribed in regulations of the Government,
exclusive of incentives provided by the State as prescribed Clause 1 Article 58
of this Law;
d) The investor shall build the
social housing, then request the People’s Committee of the province where the
social housing is located to carry out the appraisal of housing rents, lease
purchase prices, or selling prices to before they are announced.
2. Regarding the social housing
constructed by households or individuals, the investor shall determined the
rents, lease purchase prices, or selling prices themselves in accordance with
Point c Clause 2 Article 58 of this Law.
Article 62.
Rules for social housing lease, lease purchase or sale
1. The social housing lease, lease
purchase or sale must comply with regulations of this Law, each entity
prescribed in Clause 1 Article 50 of this Law may not rent, rent and buy, or
buy more than one social house concurrently; the students of public ethnic
boarding schools shall be exempted from housing rents and service charges
during their duration of study.
2. The term of a social housing
lease agreement is at least 05 years; the minimum term for lease purchase
payment for social housing is 05 years from the date on which the lease
purchase agreement is signed.
3. The lessee under an agreement on
social housing lease or lease purchase may not sell, sublet, or lend that house
during the term of the agreement; if he/she no longer wishes to rent, or rent
and buy that house, the agreement shall be terminated and that house shall be
returned.
4. The buyer under the agreement on
social housing lease purchase or sale may not resell the house within at least
05 years, from the date on which the total amount is paid off, except for the
management unit of that social housing or entities entitled to buy that social
housing if the management unit does not buy the house at the selling price of
the same social housing in the same location, at the same time. Income from
this transaction is exempted from personal income tax.
5. After 05 years from the date on
which the total housing amount is paid off and the Certificate is granted, the
buyer may resell their house according to market mechanism provided that they
have paid land levies as prescribed in regulations of the Government and income
tax as prescribed in law on taxation as required; if they resell to the
entities entitled to buy social housing as prescribed of this Law, the maximum
selling price must equal the selling price of the same social housing in the
same location, the same selling time and that housing is exempted from personal
income tax.
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6. Any transactions in social
housing lease, lease purchase, or sale do not comply with regulations of this
Law, the agreement on housing lease, lease purchase, or sale shall be
invalidated and the lessee or the buyer must return the house to the agency in
charge of social housing; if they do not return the house, the People’s
Committee of the province where the house is located shall enforce the
withdrawal of that house.
The housing rents or prices shall
comply with regulations of law on civil; the lease purchase prices of social
housing shall comply with Article 135 of this Law.
Article 63.
Social housing sale, lease or lease purchase
1. The investor in the project for
social housing construction may decide whether to sell, or lease and sell
off-the-plan housing or sell existing housing.
2. The transactions in sale or
lease purchase of off-the-plan social housing must meet requirements below:
a) There are dossiers on
residential construction project; there are approved housing technical design
and license for construction if applicable;
b) In the residential area for sale
or lease purchase, the foundation of the house has been completed as prescribed
in law on construction, the system of roads, water supply and drainage,
electricity has been completed in conformity with the approved specific
planning for construction, design documents and rate of progress; the mortgage
on the house (if any) has been paid off, unless otherwise agreed by the
buyer/lessee and the lender;
c) The housing authority of
province has issued the notification of housing conformable to sale, except for
social housing invested by the State using capital resources prescribed in
Clause 1 Article 53 of this Law.
3. The transactions in lease, sale
or lease purchase of existing social housing must meet requirements below:
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b) The housing authority of
province has issued the notification of housing conformable to sale, lease, or
lease purchase, except for social housing invested by the State using capital
resources prescribed in Clause 1 Article 53 of this Law;
c) The housing satisfies
requirements prescribed in Point b and Point c Clause 1 Article 118 of this
Law.
4. The invest may not conclude any
agreement on off-the-plan social housing lease; regarding the housing
satisfying requirements prescribed in Point a and Point b Clause 2 of this
Article, the investor may only conclude an agreement on deposit and collect the
lease deposit for not exceeding 12 months of provisional housing rents; the
agreement on deposit must comply with requirements pertaining to entities and
social housing lease as prescribed in this Law. If the house satisfies all
requirements as prescribed in Clause 3 of this Article, the investor is entitled
to conclude the agreement on housing lease with the contractual party of the
agreement on deposit.
5. The advance paid by the social
housing buyer prescribed in this Article shall conform to agreement on housing
sale, approved floor space completed of the residential building and rate of
progress provided that the total amount of advance paid by the buyer does not
exceed 70% of the house's value which is determined before it is transferred
and does not exceed 95% of the house’s value before the buyer is granted the
Certificate.
6. The Government shall provide
guidance on proven documents on entities and requirements for benefiting from
policies on social housing; building or buying commercial housing for using
social housing; type of housing and social housing area standards; the tax
reduction and loan capital incentives given to social housing for lease; the
lease, lease purchase, sale and management of social housing.
Article 64.
Management and use of social housing
1. With respect to social housing
invested by capital resources prescribed in Clause 1 Article 53 of this Law; if
there is only one housing-managing organization, it shall be appointed by the
agency in charge of social housing; if there is more than one organization
registering, the housing-managing organization shall be selected through the
inviting bids.
2. Regarding social housing built
not by capital resources prescribed in Clause 1 Article 53 of this Law, the
management of housing shall be carried out as follows:
a) With respect to social housing
for lease, the investor shall manage themselves, or hire or entrust a
housing-managing organization as prescribed in this Law to the management of
that house;
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c) With respect to social housing
for sale, the buyer shall manage the house themselves regarding separate
housing; or comply with regulations on management of apartment buildings as
prescribed in this Law.
3. The management of housing shall
be provided preferential treatment similarly to public services.
4. The social housing-managing
organization is entitled to provide other services not banned from regulations
of law in the social housing area in order to reduce the fees of housing
management service.
Section 3.
POLICIES ON SOCIAL HOUSING APPLIED TO HOUSEHOLDS OR INDIVIDUALS BUILDING OR
RENOVATING THEIR HOUSING
Article 65.
Policies on social housing applied to households or individuals building or
renovating their housing
1. The State shall support
households or individuals prescribed in Clause 1, 2 and 3 Article 49 of this
Law in housing construction, renovation, or repair according to the target
programs for housing.
2. Policies on housing support
applicable to entities prescribed in Clause 1 of this Article shall be carried
out as follows:
a) Support in a portion of capital
provided by government budget;
b) Support in preferential loans
provided by banks for social policies;
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d) Support in residential land
allocation with land levy exemption or reduction as prescribed in law on land
applicable to entities having no residential land;
dd) Support in housing gifting
applicable to entities who are unable to renovate or repair the house although
they have received support as prescribed in Point a and Point b of this Clause.
3. The State shall support
households or individuals prescribed in Clause 1, 4, 5, 6 and 7 Article 49 of
this Law in housing construction, renovation, or repair according to
preferential loans granted by banks for social policies, credit institutions
which are appointed by the State.
Article 66.
Implementation of policies on housing support applied to households or
individuals building or renovating their housing
1. The households or individuals
build, renovate, or repair housing themselves.
2. The State shall build or
renovate housing applicable to the disabled, the solitary who is unable to
build or renovate housing themselves.
Chapter V
FINANCE FOR HOUSING DEVELOPMENT
Article 67.
Capital resources for housing development
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2. Loans granted by banks for
social policies, credit institutions, or financial institutions running
businesses in Vietnam.
3. The advance payment of housing
sale, lease purchase, or lease as prescribed in this Law.
4. Capital resources mobilized by
capital contribution, investment cooperation, business cooperation, joint
business, association of organizations or individuals.
5. Capital granted by the State,
including central capital and local capital, which is granted to support
beneficiaries of social policies in housing according to the target programs
for housing and social housing construction for lease or lease purchase.
6. Foreign-related capital and
other lawful capital resources.
Article 68.
Rules for capital mobilization for housing development
1. The method of capital
mobilization must comply with each type of housing as prescribed in this Law.
Any capital source is mobilized not in accordance with requirements pertaining
to type of housing as prescribed in law on housing shall be invalidated.
2. Any organization or individual
must satisfy requirements pertaining to capital mobilization as prescribed in
law on housing.
3. Ensure publicity and
transparency; protect lawful rights and interests of organizations or
individuals invested in housing development.
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5. The capital invested in housing
development and implementation of policies on social housing shall be managed
as prescribed in this Law, relevant law provisions and agreement of contracting
parties.
6. The Government shall provide
guidance on capital mobilization, content, requirements, and methods of capital
mobilization for housing development.
Article 69.
Capital resources for commercial housing development
1. Capital resources under
ownership of the investor.
2. Capital resources mobilized
through methods of capital contribution, investment cooperation, business
cooperation, joint business, association of organizations or individuals.
3. The advance payment according to
agreements on off-the-plan housing sale, lease, or lease purchase.
4. Loans granted by credit
institutions, or financial institutions running businesses in Vietnam.
Article 70.
Capital resources for implementation of policies on social housing
1. Capital of investors or capital
mobilized through methods of capital contribution, investment cooperation,
business cooperation, joint business, association of organizations or
individuals.
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3. Investment capital of the State
prescribed in Clause 1 Article 53 of this Law.
4. Capital provided directly to
beneficiaries of policies on social housing by the State; capital provided
through concessional loans by bank for social policies or the credit
institutions which are appointed by the State.
5. Capital from Funds and other
lawful capital resources.
Article 71.
Capital resources for official residence development
1. Government budget capital
includes central budget and local budget.
2. Other capital resources as
prescribed.
Article 72.
Capital resources for housing development serving the relocation
1. Capital of investors or capital
resources mobilized through capital contribution, investment cooperation,
business cooperation, joint business, association of organizations or
individuals.
2. Investment capital of the State
prescribed in Clause 3 Article 36 of this Law.
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4. Capital from compensation for
relocation when the land clearance is conducted as prescribed.
5. Capital mobilized from other
lawful capital resources.
Article 73.
Capital resources for development of housing of households or individuals
1. Capital of households or
individuals.
2. Cooperated capital between
households and individuals; capital from support of relatives and community.
3. Loans granted by credit
institutions, or financial institutions running businesses in Vietnam.
4. Capital provided for
beneficiaries of policies on housing support prescribed in Article 65 of this
Law by the State.
5. Other lawful capital resources.
Article 74.
Preferential loans granted by banks for social policies for social housing
development
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2. The bank for social policies may
mobilize saving deposits from domestic households and individuals, who wish to
buy, rent and buy social housing, then grant loans with preferential interests
and long term after a certain period in which the saving accounts are deposited.
3. The bank for social policies
must manage and use the capital resources for proper purposes as prescribed in
Clause 1 and Clause 2 of this Article.
4. The Ministry of Construction and
the Ministry of Labor, War Invalids and Social Affairs are responsible for
management of capital resources and use of capital resources as prescribed in
Clause 1 and Clause 2 of this Article.
5. The Government shall provide
guidance on this Article.
Chapter VI
MANAGEMENT AND USE OF HOUSING
Section 1.
GENERAL MANAGEMENT AND USE OF HOUSING
Article 75.
Content of management and use of housing
1. Compiling, archiving and
management of documents on housing.
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3. Management and use of housing
possessing art, culture and/or history value.
4. Management and use of
state-owned housing.
5. Housing warranty, maintenance,
renovation, or demolition.
Article 76.
Dossiers on housing
1. The homeowner, or the occupiers
if it is unable to determine the homeowner, or the agency in charge of
state-owned housing, shall compile and store the dossiers on housing as
prescribed in Clause 2 of this Article and Article 77 of this Law.
2. The dossier on housing shall
include:
a) Regarding housing in rural and
urban areas occupying before July 1, 2006, the dossier shall include the proven
documents on lawful housing or declarations about housing as prescribed in law
on housing;
b) Regarding housing in urban areas
occupying from July 1, 2006, the dossier on housing shall include proven
documents on lawful housing; documents on consulting organizations,
construction organizations, design drawings, floor plan, site plan, as-built
dossiers prescribed in law on construction (if any);
c) Regarding housing in rural areas
occupying before July 1, 2006, the housing dossiers shall include documents on
lawful housing and floor plan, site plan (if any);
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Article 77.
Archiving and management of documents on housing.
1. Responsibility of organizations
or individuals for archiving of housing dossier:
a) The homeowner, or occupiers
incase it is unable to determine the homeowner or management unit of
state-owned house management, shall be responsible for archiving of housing
dossier;
b) The housing authorities of
districts shall archive housing dossiers of Vietnamese households or
individuals, overseas Vietnamese in the district;
c) The housing authorities of
provinces shall archive housing dossiers of Vietnamese organizations, foreign
organizations, foreign individuals and projects for housing construction in the
province.
2. When granting the Certificate,
the competent agency shall provide information about housing prescribed in
Clause 2 Article 76 of this Law to the housing authority at the same level to
compile the housing dossiers.
The People’s Committee of the
province shall promulgate regulations on cooperation of information exchange in
housing between the competent agency in charge of Certificate issuance and the
local housing authority in order to ensure the unanimity of information about
housing or residential land stated in the housing dossier.
Article 78.
Home insurance
1. The State encourages the
homeowners to buy home insurance. With respect to any house in the list of
facilities in danger of the fire prescribed in law on fire safety, its
homeowner is required to buy compulsory fire and explosion insurance.
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Article 79.
Management and use of housing possessing art, culture and/or history value
1. The housing possessing art,
culture and/or history value including old villas regardless of forms of
homeownership shall be determined as follows:
a) Any house which is ranked as a
national or provincial cultural and historical monument by the competent
agency;
b) Any house which is not subject
to Point a of this Clause but it is in the list approved by the People’s
Committee of the province at the request of the competent agency prescribed in
Clause 2 of this Article.
2. The People’s Committee of the
province shall set up a council including representatives of agencies of the
province in charge of architectures, construction and/or culture, professional
partnership and related scientists to determine criteria and list of housing
possessing art, cultural, and/or historical value in the province for approval.
3. The management and use of
housing prescribed in Clause 1 of this Article shall comply with regulations of
this Law and law on cultural heritage; regarding state-owned houses, they must
also comply with Section 2 of this Chapter.
4. Funding for management,
maintenance, reservation, and/or renovation of housing prescribed in Point a
Clause 1 of this Article and state-owned houses allocated by the government
budget.
With respect to housing prescribed
in Point b Clause 1 of this Article, except for state-owned houses and
according to condition of the province, the People’s Committee of the province
shall decide to provide a portion or entire funding in order for the homeowner
to manage, reserve, maintain or renovate that houses.
Section 2.
MANAGEMENT AND USE OF STATE-OWNED HOUSES
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1. Official residences which are
constructed by the State, or bought by government budget, or established under
ownership of the State as prescribed.
2. Houses subject to the relocation
which are invested by the State using the capital resources prescribed in
Clause 3 Article 36 of this Law.
3. Social houses which are invested
by the State using the capital resources prescribed in Clause 1 Article 53 of
this Law.
4. Old houses which are invested by
government budget or government budget-related capital or established under
ownership of the State and leased out to households or individuals as
prescribed in law on housing.
Article 81.
Management and use of state-owned housing
1. The state-owned houses must be
used for proper purposes, efficiently, avoid losses and waste; the housing
sale, lease, lease purchase and/or withdrawal and management or use of
state-owned housing must comply with regulations of this Law.
2. The following agencies shall be
the representatives of the homeowners and in charge of management of
state-owned houses:
a) The Ministry of Construction
shall manage official residences and/or social housing which are invested by
central budget; the Ministry of National Defense and/or the Ministry of Public
Security shall manage the housing invested by the Ministry of National Defense
and/or the Ministry of Public Security;
b) The People’s Committee of the
province shall be in charge of the housing invested by local budget and/or in
the province.
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4. The official residence is only
used for lease, the social housing is only used for lease, or lease purchase;
in case the lessee no longer wishes to use or move to other places without
subject to demolition or reconstruction of other social housing, the Ministry
of Construction shall assess the conversion of form of the housing and manage
the housing lease or sale as prescribed in this Law, then request the Prime
Minister for approval.
5. Any lessee of an official
residence who is not entitled to rent official residence, or move to another
place, or commit violations against regulations on management and use of
housing leading to housing withdrawal shall return the official resident to the
State as prescribed.
If the aforesaid lessee is not
subject to housing withdrawal due to violations against regulations prescribed
in Point a, e and h Clause 1 Article 84 of this Law and has not had any house,
the superior agency of the lessee shall cooperate with the People’s Committee
of the province in leasing, leasing and selling, or selling social housing or
allocating residential land to the lessee according to actual condition after
he/she returns the official residence.
6. The Government shall provide
guidance on state-owned housing lease, lease purchase, sale, exemption or
reduction in housing rents, and management and use of state-owned housing.
Article 82.
Entities eligible for state-owned housing lease, lease purchase or sale
1. Entities eligible for
state-owned housing lease, lease purchase or sale:
a) The entity prescribed in Clause
1 Article 32 and Clause 9 Article 49 of this Law may only enter into housing
lease agreement;
b) The entity prescribed in Clause
1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law may enter into social housing
lease or lease purchase agreement;
c) The entity prescribed in Clause
10 Article 49 of this Law may enter into housing lease, or lease purchase for
relocation if he/she has not entered into any social housing lease or lease
purchase agreement;
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2. Requirements for state-owned
housing lease, lease purchase or sale:
a) The entity entitled to rent
official residence must meet requirements prescribed in Clause 2 Article 32 of
this Law;
b) The entity entitled to enter
into social housing lease or lease purchase agreement must meet requirements
prescribed in Clause 1 Article 51 of this Law; if he/she is the entity
prescribed in Clause 10 Article 49 of this Law, he/she also has not been
allocated housing or residential land subject to relocation;
c) The entity entitled to enter
into housing lease, lease purchase or sale agreement for relocation must obtain
the decision on entities subject to land withdrawal and/or housing clearance
made by the competent agency and have not entered any such type of agreement;
d) The entity entitled to rent or
buy the old house must live in that house actually or wish to rent or buy that
house.
Article 83.
State-owned housing lease, lease purchase or sale
1. The state-owned housing lease,
lease purchase or sale must ensure the publicity and transparency; apart from
requirements prescribed in Article 82, Article 84 and regulations on housing
sale, lease, or lease purchase in the Chapter VIII of this Law, the following
regulations must be followed:
a) The official residence lease
must comply with prescribed in Article 33 of this Law;
b) The housing lease, lease
purchase or sale for relocation must comply with prescribed in Article 35 and
Article 41 of this Law;
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d) Regarding old housing lease or
sale, that house has not been filed a lawsuit, or dispute over housing use
rights and subject to lease or sale as prescribed in law on housing.
2. The agreement on housing lease,
lease purchase or sale must comply with prescribed in Article 121 of this Law;
The agreement shall be concluded as follows:
a) Regarding social housing sale or
lease purchase, or old housing sale, the agreement shall be concluded between
the buyer or the lessee and the housing authority;
b) Regarding housing lease, lease
purchase or sale for the relocation, the agreement shall be concluded between
entities subject to relocation and agency in charge of relocation;
c) Regarding housing lease
including old housing lease, official residence lease, or social housing lease,
the agreement shall be concluded between the lessee and housing authority or
housing authority management.
Article 84.
State-owned house withdrawal
1. A state-owned house shall be
withdrawn in the one of cases below:
a) The transaction in housing sale,
lease, or lease purchase is conducted ultra vires, ineligible entities, or
failed to meet requirements as prescribed in this Law;
b) The lease agreement expires but
the lessee no longer wishes to rent or both contractual parties agree to
terminate the housing lease or lease purchase agreement;
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d) The lessee no longer entitled to
rent housing as prescribed in this Law;
dd) The lessee dies or has been
declared as missing by the Court but he/she has nobody living together; or the
lessee who is entitled to rent the official residence dies or has been declared
as missing by the Court;
e) The lessee has not paid the rent
for 3 months or more without good reasons;
g) The housing for lease or lease
purchase is subject to demolition for renovation or reconstruction according to
the decision of the competent agency;
h) The lessee does not use the
house for proper purposes as agreed in the housing lease agreement or he/she
exchanges, sells, sublets or lends the house, or expands, renovates, or
demolishes the house himself/herself without the consent of the homeowner.
2. The lessee of the house subject
to housing withdrawal as prescribed in Clause 1 of this Article shall return
the house to the housing authority; if not, the agency representing the
homeowner shall enforce the housing withdrawal; the People’s Committee of the
province shall enforce that house within 30 days, from the date on which the
enforcement decision on housing withdrawal is issued.
Section 3.
HOUSING WARRANTY, MAINTENANCE AND RENOVATION
Article 85.
Housing warranty
1. Any organization or individual
building the house must give housing warranty as prescribed in law on
construction; any organization or individual provides housing equipment must
give equipment warranty according to the term recommended by the producer.
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2. The house shall be given
warranty from the date on which the construction has been completed and the
house is permitted to put into operation with the warranty period below:
a) At least 60 months regarding
apartment buildings;
b) At least 24 months regarding
separate housing.
3. The housing warranty shall
include repair of frames, columns, beams, floors, walls, ceilings, roofs,
terraces, stairways, paneled sections, paving, plastering, fuel supply system,
electricity supply system, lighting supply system, water tank and water supply
systems, septic tanks and sewage drainage systems, municipal waste; or
solutions to cases of housing tilt, subsidence, cracking, collapse and other
content as agreed in the agreement on housing sale or lease purchase.
Regarding other equipment attached
to the house, the seller or the lessee shall give warranty including repair or
replacement with the time limit recommended by the manufacturer.
Article 86.
Housing maintenance
1. The homeowner is responsible for
housing maintenance; in case it is unable to determine the homeowner, the
occupier(s) of that house shall be responsible for housing maintenance.
2. The housing maintenance must
comply with regulations of this Law and law on construction; regarding any
house prescribed in Clause 1 Article 79 of this Law must also comply with
regulations on architecture and planning and law on repair, reserve, and
restoration of historical and/or cultural monuments.
3. The homeowner or the housing
maintenance unit must ensure safety of people, assets, and ensure hygiene and
environment during the housing maintenance progress; the state-owned housing
maintenance must comply with regulations in Article 90 of this Law.
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1. The homeowner may renovate any
house under their homeownership; the person other than the homeowner may only
renovate that house with the consent of the homeowner.
2. The home renovation must comply
with regulations of this Law and law on construction; in case the house must be
renovated under a project as prescribed in regulations of law, the renovation
must be carried out according to the approved project. The renovation to
state-owned houses must comply with regulations in Article 90 of this Law.
3. Regarding the house prescribed
in Clause 1 Article 79 of this Law, the renovation must comply with law on
planning, architecture, management of cultural heritage; if the house must be
approved by the competent agency before renovation, the homeowner, or the
housing authority must comply with regulations in that approval.
4. Apart from above regulations,
the old house prescribed in Clause 1 Article 79 of this Law must comply with
the regulations below:
a) Do not change the status quo of
the villas;
b) Do not demolish the house if it
is not seriously damaged, in danger of collapse according to appraisal given by
the housing authority of province; if the house is reconstructed as required,
it must conform to the same architecture, materials, building density, number
of storeys and the height of the old villa;
c) Do not create structure in order
to increase area or expand or appropriate outside space of the villa.
Article 88.
Rights and obligations of homeowners in the housing maintenance and renovation
1. The homeowner has rights to:
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b) Request the competent agency to
issue the license for construction as required, or facilitate the housing
maintenance or renovation if it meets all requirements prescribed in law on
construction;
c) Exercise other rights as
prescribed.
2. The homeowner has obligations
to:
a) Comply with regulations of law
on housing maintenance and renovation; and enable other homeowners to maintain
or renovate their houses;
b) Pay compensation in case he/she
causes damage to other people;
c) Fulfill other obligations as
prescribed.
Article 89.
Maintenance and renovation of houses under lease agreement
1. The lessor may renovate the
house with the consent of the lessee, except for emergency cases or force
majeure events; the lessee shall enable the lessor to maintain or renovate the
house.
2. The lessor is entitled to adjust
the proper rents after finishing the renovation provided that the remaining
lease term is shorter than one third of lease term; in case the lessee does not
agree with the new rent, he/she entitled to unilaterally terminate the
agreement and claim the compensation as prescribed.
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4. The lessee is entitled to
request the lessor to maintain the house, unless the house is damaged caused by
the lessee; in case the lessor does not maintain the house, the lessee is
entitled to carry out the maintenance provided that he/she notifies the lessor
in writing at least 15 days preceding the maintenance's date. The notification
must state the maintenance program and funding. The lessor must pay the maintenance
funding to the lessee or amortize the rents.
Article 90.
State-owned housing maintenance or renovation
1. The housing maintenance or
renovation must be approved by the competent agency and comply with regulations
of this Law and law on construction.
2. In case the house under lease
agreement is renovated, it must comply with Article 89 of this Law; in case
there is an approval issued by the housing authority to renovate the house
using their own funding, the renovated part of the house is still under the
ownership of the State, then the housing authority must refund to the lessee or
amortize the rents.
Article 91.
Maintenance or renovation of jointly-owned houses
1. The joint owners of the
jointly-owned houses have rights and obligations in maintenance or renovation
of the house in proportion to their own ownership; in case it is unable to
determine the portion of ownership of each homeowner, the obligations to
maintain or renovate the house shall be divided equally to the joint owners.
The maintenance or renovation of jointly-owned houses must be conducted with
the consent of all joint owners.
2. The funding for the maintenance
or renovation of the common areas shall be divided in proportion to the
ownership of each homeowner, unless otherwise agreed by the joint owners.
Regarding a multi-owner building, the contribution of funding maintenance of
the common areas shall be conducted in accordance with Article 108 of this Law.
Section 4.
HOUSING DEMOLITION
Article 92.
Housing to be demolished as required
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2. Any house in the cases
prescribed in Clause 2 Article 110 of this Law.
3. Any house subject to land
clearance for land withdrawal according to the decision of the competent
agency.
4. Any house built in the area
banned from construction or on the piece of land other than residential land
under the planning approved by the competent agency.
5. Any house subject to demolition
prescribed in law on construction.
Article 93.
Responsibility for housing demolition
1. The homeowners or the occupiers
are responsible for housing demolition; in case it required to carry out the
land clearance to rebuild the housing or other construction, the investor shall
be responsible for the housing demolition.
2. The homeowner may demolish the
house themselves as prescribed in law on construction or hire an organization
or individual in charge of housing demolition.
3. In case an apartment building is
demolished to renovate or rebuild a new apartment building, it must comply with
Section 2 Chapter VII of this Law.
4. The People’s Committee of the
commune shall observe and expedite the housing demolition in the commune.
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1. People and assets must be moved
outside the demolition area.
2. There are warning signs and
solutions to isolating from surrounding area.
3. The requirements pertaining to
the safety of people, assets, surrounding construction, technical
infrastructural works not subject to demolition and hygiene and environment
must be satisfied as prescribed.
4. The demolition of the housing in
the residential areas may not be conducted from 12 p.m. to 13 p.m. and from 22
p.m. to 5 a.m., except for state of emergency.
Article 95.
Enforcement of housing demolition
1. In case the house subject to
demolition prescribed in Article 92 of this Law but the homeowner, the investor
in the construction or the occupier does not demolish voluntarily the house,
the competent agency prescribed in Clause 2 of this Article shall issue the
decision on enforcement of house demolition.
2. Competence in issuance of
decision on enforcement of house demolition shall be regulated as follows:
a) The President of the People’s
Committee of district shall issue the decision on enforcement of house
demolition for land withdrawal prescribed in Clause 3 Article 92 of this Law,
separate house demolition prescribed in Clause 1, 4 and 5 Article 92 of this
Law;
b) The President of the People’s
Committee of province shall issue the decision on enforcement of apartment
building demolition prescribed in Clause 1, 2, 4 and 5 Article 92 of this Law.
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4. Funding for enforcement of
housing demolition:
a) The homeowner, or the occupier,
or the investor shall pay expenditures on enforcement of demolition and related
expenditures;
b) In case the homeowner, the
occupier, or the investor fails to pay the expenditures, the competent agency
issued the decision on enforcement shall carry the enforcement of assets to
ensure the funding for demolition.
Article 96.
Dwelling for the homeowner during housing demolition
1. The homeowner shall manage
dwelling himself/herself when the house is demolished.
2. In case a house subject to land
withdrawal is demolished, the dwelling of the homeowner shall comply with
policies on relocation housing when the State withdraw land as prescribed in
this Law and law on land.
3. In case an apartment building is
demolished to renovate or rebuild a new apartment building, the dwelling of the
homeowner whose apartment building is demolished shall be settled as prescribed
in Article 116 of this Law.
Article 97.
Demolition of the housing under lease agreement
1. The lessor must notify the
lessee of the demolition in writing for at least 90 days before demolition,
except for state of emergency or demolition as defined in the administrative
decisions of the competent agency.
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Chapter VII
MANAGEMENT AND USE OF APARTMENT BUILDINGS
Section 1.
MANAGEMENT, USE AND MAINTENANCE OF APARTMENT BUILDINGS
Article 98.
Classification of apartment buildings
1. Apartment buildings are
classified into different categories to determine the value of the apartment
buildings when managing them or putting them onto the market.
2. The Minister of Construction
shall regulate the classification and recognition for classification of
apartment buildings.
Article 99.
Useful life of apartment buildings
1. The useful life of an apartment
building is determined according to the class of the construction and
conclusion on quality assessment provided by the housing authority of province
where the apartment buildings prescribed in Clause 2 of this Article are
located. The People’s Committee of the province shall grant funding to carry
out the housing quality assessment.
2. When the useful life of the
apartment building expires as prescribed in law on construction or the
apartment building is seriously damaged, or in danger of collapse, or unsafe
for its occupiers, the housing authority of province shall carry out the
housing quality inspection following procedures below:
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b) In case the apartment building
is seriously damaged, in danger of collapse, or unsafe for its occupiers, the
housing authority of province shall issue the conclusion on housing quality
inspection and send a report to the People’s Committee of the province, then
send a notification to the homeowner; the content of the notification must be
disclosed on the website of the People’s Committee and the housing authority of
province, and by means of local mass media.
The owner(s) of the apartment
building must demolish the apartment building to renovate or rebuild a new
apartment building or transfer it to the competent agency to demolish or
rebuild another construction as prescribed in Clause 3 of this Article.
3. Any apartment building and the
piece of land on which an apartment building is located prescribed in Point b
Clause 2 of this Article shall follow the procedures below:
a) In case the piece of land on
which the apartment building is located is still conformable with the planning
for housing construction, the owner(s) is/are entitled to renovate or rebuild a
new apartment building as prescribed in Section 2 of this Chapter;
b) In case the piece of land on
which the apartment building is located is no longer conformable with the
planning for housing construction, the owner(s) must return this apartment
building to the competent agency in order to demolish and rebuild another
construction according to the approved planning;
c) In case the owner(s) of the
apartment building fails to implement the decision on demolition or return the
apartment building, the President of the People’s Committee of the province
shall enforce the housing demolition or enforce the relocation;
d) The settlement of dwelling
provided for the owners of the apartment building which is demolished shall
comply with Article 116 of this Law.
In case the apartment building is
demolished to rebuild a new apartment building, the owners are entitled to keep
using the piece of land on which that apartment building is located; in case
the apartment building is demolished to build another construction, the
settlements of the piece of land on which that apartment building is located
shall comply with regulations of law on land.
Article 100.
The private areas and common areas in apartment buildings
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a) The interior of apartments
including balconies, loggias attached to those apartments;
b) Other areas in the apartment
building which are under private ownership of the homeowner of the apartment
building;
c) System of private technical
equipment attached to the apartments and other areas under private ownership.
2. The common areas in an apartment
building include:
a) The remaining area of the
apartment building except for the private areas mentioned in Clause 1 of this
Article; the community center of the apartment building;
b) Shared areas and supporting
structure systems, technical equipment in the apartment building including
frames, columns, load-bearing walls, enclosing walls, apartment-dividing walls,
floors, roofs, terraces, corridors, stairways, elevators, emergency exits,
garbage chute, systems of electricity supply, water supply, gas supply,
communication system, radio, television, drainage, septic tanks, lightning
conductors, fire fighting and other parts not under private ownership of the
apartment building’s homeowners;
c) Exterior technical
infrastructure but connected to the apartment building, except for technical
infrastructure system which is used for public purposes or required to transfer
to the State or the investor in charge of the approved project;
d) Public constructions in the
apartment building area which are not built for commercial purposes or required
to transfer to the State according to the approved project include public
yards, flower gardens and other constructions mentioned in the approved
residential construction project.
Article 101.
Parking lots and determination of floor area of apartments, or other areas in
apartment buildings
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a) Any area used for bicycles,
vehicles for the disabled, two-wheel motorcycles, or three-wheel motorcycles of
owners or occupiers of the apartment building shall be under joint ownership
and joint use rights of the apartment building’s owners;
b) Any buyer or lessee of
apartments or other areas in the apartment building may buy or rent the area
used for cars of the apartment building’s owners; in case he/she does not buy
or rent that area, it shall be under management of the investor and the
investor may not include the expenditures on the parking lot construction in
the selling prices or lease purchase prices. The arrangement of parking lot for
cars in the apartment building must follow the rules that the cars of the
apartment building’s owners shall be given priority over other cars.
2. The floor area of apartments or
other private areas of apartment building’s homeowner shall be determined
according to carpet area including the area of partition walls between the
rooms and balcony area, loggia (if any) of the apartment, exclusive of its
enclosing walls, separating walls between the apartments, floor area including
column(s), technical boxes inside. When calculating the balcony area, the total
floor area must be calculated; in case the balcony has shared wall, it shall be
calculated from the inner edge of the shared wall.
Article 102.
Apartment building meetings
1. Apartment building meeting is a
meeting between owners or occupiers of the apartment building if the apartment
building’s owners do not attend.
2. The apartment building meeting
shall be held to decide issues prescribed in Clause 3 and Clause 4 of this
Article when the apartment building meets all requirements mentioned in the
Statue on management and use of apartment buildings issued by the Minister of
Construction.
3. With respect to any apartment
building having many homeowners (hereinafter referred to as multi-owner
building), the Apartment building meeting shall be held to decide the issues
below:
a) Nominate, elect, or dismiss
members of the Management board of the apartment building; pass, amend the
Regulations on management and use of the apartment building;
b) Pass, or amend Operation regulation
of the Management board of the apartment building; decide the responsibility
allowance provided for the Management board members and reasonable costs
serving the operation of the Management board;
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d) Decide to choose the managing
organization of the apartment building in case the investor(s) are not in
charge of apartment building management, or they are in charge of apartment
building management but they refuse to manage the apartment building, or they
manage the apartment building but they do not meet requirements as agreed in
the agreement on service provision concluded with the Management board of the
apartment building;
dd) Pass the report on management
operation, maintenance of common areas operation of the apartment building;
e) Decide other issues relating to
the management and use of the apartment building.
4. With respect to any single-owner
apartment building, the Apartment building meeting shall be held to decide the
issues prescribed in Point a, b and e Clause 3 of this Article.
5. Every decision issued by the
Apartment building meeting on issues prescribed in Clause 3 of this Article
shall be passed under the majority rule by the voting by hands or ballots,
which is recorded in writing, and signed by the members in charge of the
meeting and secretaries of the meeting.
Article 103.
Management board of the apartment building
1. If the apartment building has
fewer than 20 apartments regardless of single-owner building or multi-owner
building, the homeowner(s) and/or the occupiers of the apartment building shall
decide whether to set up or not set up the Management board of the apartment
building; if the Management board of the apartment building is set up, it shall
follow the procedures below:
a) Regarding the multi-owner
building, the components of the Management board shall include the
representative of the owner and the occupiers;
b) Regarding the multi-owner
building, the components of Management board of the apartment building shall
comply with Clause 2 of this Article.
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3. The Management board of the
single-owner building shall be organized under autonomous model. The Management
board of the multi-owner building shall be organized under model of Board of
Directors of a joint-stock company or under model of Chairman of Board of
Cooperatives, which has legal status, seal and exercise the rights and fulfill
obligations as prescribed in Clause 1 Article 104 of this Law.
When electing or dismissing members
of the Management board of the apartment building, the homeowners or occupiers
of the apartment building are not required to set up a joint-stock company or a
cooperative; the members of the Management board shall be elected or dismissed
through the Apartment building meeting according to the Statute of management
and use of apartment buildings issued by the Minister of Construction.
Article 104.
Rights and responsibilities of the Management board of the apartment building
1. Regarding the multi-owner
building, the Management board has rights and obligations to:
a) Remind the homeowners or the
occupiers to conform to the Regulations or Statutes of management and use of
the apartment building;
b) Manage and use the funding for
maintenance of common areas in the apartment building as prescribed of this Law
and decisions issued by the Apartment building meeting; send a report on
receipts and expenditures on this funding to the Apartment building meeting;
c) Request the Apartment building
meeting to pass the fees for apartment building management services;
d) Conclude an agreement on
provision of apartment building management services with the investor or the
unit in charge of apartment building management chosen by the Apartment
building meeting as prescribed in Point d Clause 3 Article 102 of this Law.
In case the apartment building is
not required to have the managing organization as prescribed in Point b Clause
1 Article 105 of this Law but it is transferred to the Management board of the
apartment building by the Apartment building meeting, the Management board
shall conduct the receipts and expenditures of funding provided for in the
decision of Apartment building meeting;
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e) Collect opinion and suggestion
from the occupiers about the management, use and provision of apartment
building services, then cooperate with related competent agencies,
organizations or individual in consideration;
g) Cooperate with the local
governments, neighborhoods in adoption of civilized lifestyle, maintenance of
social order and security in the apartment building;
h) Conform to Operation regulation
issued by the Management board of the apartment building passed by Apartment
building meeting, do not dismiss or supplement members to the Management board
of the apartment building itself;
i) Receive responsibility
remuneration and other reasonable costs as provided for in the decisions issued
by Apartment building meeting;
k) Take legal responsibility, take
responsibility to the homeowners or occupiers when they exercise rights and
fulfill obligations inconsistently with this Clause;
l) Perform other tasks assigned by
the Apartment building meeting in accordance with regulations of law.
2. Regarding single-owner building,
the Management board of the apartment building shall exercise rights and
fulfill obligations as prescribed in Point a, e, g, h, I, k and l Clause 1 of this
Article.
Article 105.
Management of apartment buildings
1. The management of an apartment
building shall be carried out as follows:
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b) Regarding any apartment building
having no elevator, the Apartment building meeting shall be held to decide
whether to manage themselves or hire a managing organization conducting the
apartment building management.
2. Any apartment building managing
organization must satisfy requirements pertaining to competency as follows:
a) It is established and operated
as prescribed in regulations of the Law on enterprise or the Law on
cooperatives and in charge of apartment building management;
b) It is required to have
departments in charge of apartment building management including technology,
service, security, hygiene, or environment units;
c) There are personnel meeting
requirements pertaining to housing management including construction, electric
technique, water, fire safety, operation of equipment attached to the apartment
building and certificates of training in apartment building management as
prescribed in regulations of the Minister of Construction.
3. The apartment building managing
organization shall manage the technical system, equipment, and provision of
apartment building services, maintain the apartment building and perform other
tasks relating to the apartment building management.
4. The apartment building managing
organization is entitled to collect fees for management of the apartment
building from the homeowners, or the occupiers according to the prices
prescribed in Clause 3 and Clause 4 Article 106 of this Law; regarding the
state-owned apartment building, the fees for management services shall comply
with regulations in Point a, Clause 5, Article 106 of this Law.
5. The managing organization is
entitled to manage more than one apartment building in the same or different
administrative divisions.
Article 106.
Fees for apartment building management services
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2. The service fees do not include
expenditures on maintenance of common areas, parking fees, expenditures on
fuel, energy, tap water, television services, communication and other fees
serving the private use of the homeowners or occupiers.
3. Regarding a multi-owner
building, the service fees shall comply with regulations below:
a) In case it fails to organize the
Apartment building meeting for the first time, the service fees shall be the
fees as defined in the agreement on housing sale or lease purchase,
b) In case the Apartment building
meeting has been organized, the service fees shall be determined by the
Apartment building meeting.
4. Regarding any single-owner
building, the service fees shall be charged according to the agreement
concluded between the homeowner and the occupiers; regarding any state-owned
apartment building, the service fees shall comply with Clause 5 of this
Article.
5. The People’s Committee of the
province shall issue the service fee bracket in order to apply to the following
cases:
a) Collect the service fees on
state-owned apartment buildings in the province;
b) Enable contracting parties to
enter into agreements on housing sale or lease purchase or in case there is
dispute over the service fees between the managing organization and the
homeowners and the occupiers; in case it fails to agree about the service fees,
the fees in the service fee bracket issued by the People’s Committee of the
province shall be applied.
Article 107.
Apartment building maintenance
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2. Regarding the multi-owner
building, the funding for maintenance of common areas shall be provided as
prescribed in Article 108 of this Law and that funding shall be used as
prescribed in Article 109 of this Law.
3. The maintenance work, program
and management of documents on the apartment building maintenance shall comply
with the law on construction.
Article 108.
Funding for maintenance of common areas in the multi-owner building
1. Funding for maintenance of
common areas in the multi-owner building shall comply with regulations below:
a) Regarding apartments or other
areas in the apartment building which are sold, or leased and sold by the
investor, the investor must pay 2% of value of the apartments or other areas;
this amount of money shall be included in the selling price or lease purchase
price paid by the buyer or lessee when transfer the apartments or other area,
which is stated in the agreement;
b) Regarding apartments or other
areas in the apartment building which are not sold, or lease and sold by the
investor or have been not sold, or leased and sold up to the date on which the
apartment building is put into operation, except for the common areas, the
investor must paid 2% of value of the remaining apartments or areas; this value
shall be determined according to the highest selling price of apartments in the
apartment building.
2. In case the maintained funding
prescribed in Clause 1 of this Article is not enough for the maintenance of
common areas in the apartment building, the homeowner must provide additional
funding in proportion to the areas under private ownership of every homeowner.
3. In case the investor concludes
agreements on sale or lease purchase of apartments or other areas in the
apartment building before July 1, 2006 but he/she has not collected
contribution towards maintenance of common areas, the homeowners of apartment
building shall hold an Apartment building meeting to determine the
contribution; that contribution may be paid monthly into the deposit account in
deposit account a credit institution operating in Vietnam made by the
Management board or collected when the apartment building required maintenance.
4. In case the investor concludes
agreements on sale or lease purchase of apartments or other areas in the
apartment building after July 1, 2006, but the maintenance funding is not
agreed in the housing sale and lease purchase agreement, the investor shall
make this contribution; in case the selling prices or lease purchase prices in
the agreement are not included the maintenance funding, the investor shall make
the contribution relating to funding for common areas as prescribed in Clause 3
of this Article.
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Article 109. Management and use of funding for maintenance of common
areas in the multi-owner building
1. Regarding the
funding for maintenance prescribed in Clause 1 Article 108 of this Law, within
07 days, from the day on which the service fees are collected from the buyers
for apartments or other areas in the apartment building, the investor shall
send it to the savings account opened in a credit institution operating in
Vietnam for management and notify the housing authority of province.
Within 07 days, from
the day on which the Management board of the apartment building is established,
the investor shall transfer the maintenance funding including interests to the
Management board in order to manage and use as prescribed in this Law and
notify the housing authority of province; if the investor fails to transfer
that funding, the Management board of apartment building entitled to request
the People’s Committee of the province where the apartment building is located
to enforce the transfer as prescribed in regulations of the Government.
2. The maintenance
funding prescribed in Article 108 of this Law is only used for maintenance of
the common areas of the apartment building, neither used for management of
apartment building nor other purposes; in case the apartment building is
subject to the demolition and the maintenance funding still remains, the
remaining funding shall be used for the relocation or transferred to the new
maintenance funding for the common areas of the new apartment building.
3. The Management
board of apartment building shall manage and use the maintenance funding for
proper purposes or works according to the plan for maintenance approved the
Apartment building meeting annually. The use of the funding for maintenance of
common areas is required invoices with payment and settlement as prescribed in
law on finance and reported to the Apartment building meeting.
The members of the
Management board of apartment building using the funding in contravention of
Clause 2 of this Article and this Clause shall take legal responsibility and
pay compensation against damage.
4. The management and
use of the portion of maintenance funding prescribed in
Clause 5 Article 108 of this Law:
a) The portion of
maintenance funding for the common areas of the apartment building and the
apartments shall be transferred into the account opened by the Management board
of apartment building for management and use as prescribed in this Article;
a) The portion of
maintenance funding for the common areas of the business area, the owners of
that business area shall manage and use it themselves.
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Article 110.
Cases of demolition of apartment buildings for renovation or reconstruction
1. The apartment buildings subject
to demolition for renovation or reconstruction which are determined as
prescribed in Point b Clause 2 Article 99 of this Law.
2. The damaged apartment buildings
which are not subject to demolition but in the area subject to renovation or
construction synchronized with the apartment building subject to demolition as
prescribed in Clause 1 of this Article according to approved construction
planning.
3. The apartment buildings which
are demolished according to agreement between all owners through the Apartment
building meeting regardless of not subject to regulations in Clause 1 and
Clause 2 of this Article.
Article 111.
Plans for renovation and reconstruction of apartment buildings
1. The People’s Committee of the
province where the apartment building is located shall check and release
statistics on types of apartment building in the province; make and approve the
plan for renovation and reconstruction of apartment buildings as prescribed in
Clause 1 and Clause 2 Article 110 of this Law.
2. The plan for renovation or
reconstruction of apartment buildings may be separately made and approved or
shall be formulated in the plans for local housing development and must be
disclosed by means of local mass media, or on the website of the People’s
Committee of the province, or housing authority of province and send
notifications to residential areas and People’s Committees of communes where
the apartment buildings are located.
Article 112.
Requirements for apartment building demolition for renovation or reconstruction
1. Any apartment building which is
demolished for renovation or reconstruction must satisfy requirements
prescribed in Article 110 of this Law and conform to construction planning and
approved programs for local housing development.
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3. The renovation and
reconstruction must conform to the project and renovate the housing in the area
of the project according to approved construction planning.
4. The renovation and
reconstruction of state-owned apartment buildings must be approved by the
competent agency and in accordance with regulations on renovation and
reconstruction of state-owned houses.
Article 113.
Forms of renovation and reconstruction of apartment buildings
1. Any real estate enterprise
invests or contributes capital together with owners having apartment buildings
prescribed in Article 110 of this Law to renovate or rebuild apartment
buildings, unless the owners prescribed in Clause 1 and Clause 2 Article 110 of
this Law do not comply with decision on demolition.
2. The State shall enforce the
demolition and directly invest in renovation or reconstruction of apartment
buildings using the capital prescribed in Clause 3 Article 36 of this Law
regarding cases prescribed in Clause 1 and Clause 2 Article 110 of this Law but
the owners of the apartment building do not comply with decision on demolition.
Article 114.
Investors in project on renovation and reconstruction of apartment buildings
1. The investors in project on
renovation and reconstruction of apartment buildings shall be selected as
follows:
a) In case the State uses the
capital prescribed in Clause 3 Article 36 of this Law to invest in renovation
or reconstruction of the apartment building, the housing authority of province
shall request the person in charge of investment approval to select the
investor(s);
b) In case the State invests in
renovation and reconstruction of apartment buildings under building – transfer
contract prescribed in Clause 3 Article 36 of this Law, the housing authority
of province shall request the People’s Committee of the province to select the
investor(s) through inviting bids if there are two investors or more
registering or no-bid contracts if there is only one investor registering;
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2. The investors in projects on
renovation and reconstruction of apartment buildings may only be selected after
its plan is approved by the People’s Committee of the province.
3. In case renovating or rebuilding
the apartment building prescribed in Point b and Point c Clause 1 of this
Article, the investor must meet all requirements as prescribed in Article 21 of
this Law.
Article 115.
Plans for relocation in case of demolition of apartment buildings
1. In case the single-owner
building is being used for lease, the accommodation for lessees shall be
arranged according to agreement between the owner and the lessees.
2. If the multi–owner building is
invested by real estate enterprise, the owner of that building and the
enterprise shall agree about the plan for relocation following rules prescribed
in Article 116 of this Law to send a report to the People’s Committee of the
province where the apartment building is located.
The owners of the apartment
building must hold an Apartment building meeting makes a plan for relocation,
and then send it to the People’s Committee of the province where the apartment
building is located.
3. In case the apartment building
is subject to regulations prescribed in Clause 1 and Clause 2 Article 110 of
this Law but the owner does not implement the decision on demolition, the
People’s Committee of the province where the apartment building is located
enforces the demolition and make and approve a plan for relocation as
prescribed in Article 116 of this Law.
Article 116.
Housing relocation
1. The relocation for the owners
having the apartment building subject to demolition shall be carried out as
follows:
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b) In case the owners wish to
relocate in the same location, they shall be allocated new houses whose areas
are the same or bigger than the areas of old houses.
In case the State invests in
renovation and reconstruction of apartment buildings but there is difference in
value between old houses and new houses, the payment for difference shall be
carried out in conformity with the approved plan for relocation; if the real
estate enterprise and the owner agree to invest in renovation and reconstruction
of apartment buildings, the difference shall be paid according to agreement
between contracting parties;
c) The housing relocation shall be
carried out according to agreements on housing lease or lease purchase
concluded between the people qualified for relocation and the agency in charge
of relocation if the relocation is invested by the State; or concluded with the
investor in the project if the relocation is invested the real estate
enterprise;
d) Apart from the relocation
prescribed in this Clause, the people qualified for relocation may be paid the
compensation as prescribed in law on compensation, or relocation.
2. The relocation applied to the
owners whose apartment buildings subject to demolition to build another
construction shall be carried out as prescribed in Article 36 of this Law.
3. In case the State invests in
renovation and reconstruction of apartment buildings, the investor must provide
temporary accommodation or pay money for the people qualified for relocation to
manage their accommodation during the renovation or reconstruction period; in
case the real estate enterprise and the owner jointly invest in renovation and
reconstruction of apartment buildings, contracting parties shall agree about
the provision accommodation of the owners during the renovation or
reconstruction period.
4. The Government shall provide
guidance on the apartment building demolition for renovation and reconstruction
of apartment buildings and the relocation.
Chapter VIII
TRANSACTIONS IN HOUSING
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Article 117.
Methods of transactions in housing
Transactions in housing include
agreements on housing sale, lease, and lease purchase, transfer of agreements
on commercial housing sale, gifting, exchange, inheritance, mortgage, capital
contribution, lending, permission for stay, and management authorization.
Article 118.
Requirements applied to houses entered into transactions
1. Any house regarding transactions
in housing sale, lease purchase, gifting, mortgage, or capital contribution
shall meet the requirements below:
a) There is the Certificate as
prescribed, except for cases prescribed in Clause 2 of this Article;
b) There is no dispute, complaint,
or proceedings for homeownership; the term of homeownership has not expired if
the house is under a term contract on housing;
c) The house is not distrained;
d) There is no decision on land
revocation, notification of housing clearance or demolishment issued by the
competent agency.
The requirements prescribed in
Point b and c of this Clause shall not apply to transactions in off-the-plan
housing sale or lease purchase.
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a) Transactions in off-the-plan
housing sale or mortgage;
b) Transactions in house of
gratitude gifting;
c) Transactions in state-owned
housing sale or lease purchase; social housing or non-state-owned housing
serving the relocation sale or lease purchase; housing sale prescribed in
Clause 4 Article 62 in this Law;
d) Transactions in housing lease,
lending, permission for stay, management authorization;
dd) Transactions in housing
inheritance;
e) Transactions in transfer of
agreement on commercial housing which is under residential construction projects
including the case in which the house is received from the investor but the
application for the Certificate of that house has not sent to the competent
agency.
Any documentary evidence on
requirements pertaining to the house to be entered into the transaction as
prescribed in this Clause shall comply with regulations of the Government.
3. Any house under lease contract
shall both comply with Point b, c, and d Clause 1 of this Article and satisfy
requirements pertaining to quality, safety regarding the lessee, electricity
system, water supply and drainage, hygiene and environment.
Article 119.
Requirements pertaining to parties in the housing transactions
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a) He/she is the homeowner, or the
person permitted and authorized by the homeowner to enter into housing as
prescribed in this Law and law on civil; if the agreement of commercial housing
is transferred, he must be the buyer for housing of the investor or the
transferee of the agreement on housing sale;
b) If the entity is a person, he
must have full civil capacity to enter into transactions in housing as
prescribed in law on civil; if the entity is an organization, it must have
legal personality, except for the organization giving house of gratitude.
2. If the entity who buys, rents,
rents and purchases housing, or receives agreements on commercial housing sale,
receives housing exchange, gives, inherit housing, receives housing as capital
contribution or mortgage, borrows, or stays in housing, or is authorized to
manage housing is a person, he/she must satisfy following requirements:
a) If the entity is a Vietnamese
person, he/she must have full civil capacity to enter into transactions in
housing as prescribed in law on civil and he/she is not required to register
permanent residence in the place where the house under transactions is located;
b) If the entity is a foreign
person, or an oversea Vietnamese, he/she must have full civil capacity to enter
into transactions in housing as prescribed in Vietnamese law, qualify for the
homeownership in Vietnam as prescribed in this Law and he/she is not required
to register temporary or permanent residence in the place where the house under
transactions is located.
3. If the entity who buys, rents,
rents and purchases housing, or receives agreements on commercial housing sale,
receives housing exchange, gives, inherit housing, receives housing as capital
contribution or mortgage, or is authorized to manage housing is an
organization, it must have legal personality regardless of place where it sets
up or registers business; if the entity is a foreign organization, it must
qualify for the homeownership in Vietnam as prescribed in this Law; if it is
authorized to manage housing, it must provide real estate services and run
business in Vietnam as prescribed in law on real estate trading.
Article 120.
Procedures for entering into housing transactions
1. Any parties entering into
housing transactions shall conclude agreements on housing sale, lease, lease
purchase, giving, exchange, mortgage, capital contribution, lending, permission
for stay, or authorization of housing management or documents on transfer of
agreement on commercial housing sale (hereinafter referred to as housing
agreement) according to regulations prescribed in Article 121 of this Law;
regarding the organization giving house of gratitude, only document on giving
is required.
2. The contracting parties shall
agree to choose a party to request the competent agency to grant the
Certificate of housing; regarding housing which is bought or leased and
purchased from the investor, the investor must complete the procedures for the
Certificate issued to the buyer or the lessee by the competent agency, unless
the buyer or the lessee wishes to completes the procedures themselves.
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Article 121.
Housing agreement
A housing agreement shall be
concluded by contracting parties and made in writing, including:
1. Full names of individuals, names
of organizations and addresses of contracting parties;
2. Description of characteristics
of the house and the piece of land attached to that house. Regarding agreements
on apartment sale or lease purchase, contracting parties must state the common
areas or common-using areas; private areas; floor area; purposes of the common
areas or common-using areas in the apartment building according to approved
design;
3. The value of contributed
capital, the transaction price of housing if there is a term on pricing in the
agreement; regarding transactions in housing sale, lease, or lease purchase
which is regulated pricing by the State, contracting parties shall comply with
that regulations;
4. Deadline for and method of
payment regarding transactions in housing sale, lease, lease purchase or
transfer of agreements on housing sale;
5. Deadline for housing transfer;
housing warranty duration regarding transactions in buying or renting and
buying new house; terms of agreements on housing lease, lease purchase,
mortgage, lending, permission for stay, authorization of housing management; deadline
for capital contribution;
6. Rights and obligations of
contracting parties;
7. Commitments of contracting
parties;
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9. Effective date of the agreement;
10. Date of agreement;
11. Signatures and full names of
contracting parties, or stamps (if any) and positions of the signatories
regarding organizations.
Article 122.
Notarization and authentication of agreements and effective date of housing
agreements
1. Regarding agreements on housing
sale, giving, exchange, capital contribution, mortgage, or transfer of
agreement on commercial housing sale, it is required to notarize or
authenticate the agreement, except for cases prescribed in Clause 2 of this
Article.
Regarding any agreement prescribed
in this Clause, the effective date of the agreement shall be the date on which
the agreement is notarized or authenticated.
2. Regarding transactions in giving
houses of gratitude; sale or lease purchase of state-owned housing; sale or
lease purchase of social housing, housing serving the relocation; contributed
housing which one entity of contracting parties is an organization; housing
lease, lending, permission for stay, or authorization of housing management, it
is not required to notarize or authenticate the agreement, unless contracting
parties wish to notarize or authenticate the agreement.
Regarding any agreement prescribed
in this Clause, the effective date of the agreement shall be agreed by
contracting parties; if the contracting parties do not agree, the effective
date of agreement shall be the date on which the agreement is signed.
3. The documents on housing
inheritance must be notarized or authenticated as prescribed in law on civil.
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Section 2.
HOUSING SALE, TRANSFER OF HOUSING SALE AGREEMENTS
Article 123.
Housing sale, transfer of agreements on commercial housing sale
1. Any transaction in housing sale
must be made under agreement in accordance with regulations prescribed in
Article 121 of this Law. The contracting parties may agree that the seller
sells the house and/or transfer the piece of land attached to that house within
a certain period of time to the buyer as prescribed in regulations of the
Government.
2. In case the buyer buys a
commercial house from the investor but he/she has not applied to the competent
agency for the Certificate of housing, he may transfer the housing sale
agreement; the transferee must fulfill agreed obligations in the housing sale
agreement.
Procedures for transfer, content
and form of documents on transfer of housing sale agreement shall comply with
regulations of the Minister of Construction; the transferor shall pay taxes
and/or fees as prescribed on in accordance with regulations of law on taxes and
fees.
Article 124.
Housing selling prices, transaction prices of transfer of agreements on
commercial housing sale
The selling price of the house, the
transaction price of housing selling agreement shall be agreed by contracting
parties and stated in the housing sale agreement or document on transfer of
housing sale agreement; if the State regulates prices of housing sale,
contracting parties must comply with that regulations.
Article 125.
Installment sale of housing
1. The installment sale of housing
shall be agreed by contracting parties and stated in the housing sale
agreement; within the installment period, the housing buyer shall exercise his
right to use the house and fulfill obligations to maintain that house, unless
that house is under warranty period as prescribed in this Law or otherwise
agreed.
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During the installment period, if
the buyer dies, his/her lawful heir(s) may exercise rights and fulfill
obligations of the buyer, when the heir(s) pay off the total amount to the
seller, they shall be granted the Certificate.
3. If the buyer wishes to return
the house during the installment period and the seller agrees, both parties
shall agree about the method of house return and the refund of the housing
payment.
Article 126.
Selling jointly-owned houses
1. Any jointly-owned house must be
sold with the consent of owners; in case any joint owner does not consent to
sell the house, other joint owners are entitled to request the Court to handle
the house as prescribed in regulations of law. The joint owners shall acquire
pre-emption rights to buy the house, if not; it shall be bought to other
people.
In case there is any owner who is
declared missing by the court, the remaining owners are entitled to sell that
house; the share of the house held by the missing owner shall be handled as
prescribed.
2. In case any joint owner sells
his/her share, other joint owners shall acquire pre-exemption rights to buy it;
if it is not bought by any owner within 30 days, from the day on which the
notification of sale of joint ownership house and requirements for sale, it
shall be sold to other people; in case there is any violation against
pre-emption rights, it shall be handled as prescribed in law on civil.
Article 127.
Selling houses under lease agreements
1. In case a homeowner buys a house
under a lease agreement, he/she must notify the lessees in writing of the sale
and requirements for sale; if the lessees have paid off the rents up to the
date on which the notification is sent, they shall acquire pre-emption rights
to buy the house, except for jointly-owned houses; if the house is not bought
by any lessee within 30 days from the date of which the lessees receive the
notification, the homeowner is entitled to sell the house to other people,
unless both contracting parties otherwise agreed about the deadline.
2. If a state-own house under a
lease agreement is sold, it must comply with Section 2 Chapter VI of this Law.
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If the State wishes to buy a house
used for national defense and security purposes, national or public benefits
although that house is under an agreement on housing sale, the President of the
People’s Committee of the province shall issue a compulsory purchase order. The
prices, conditions and methods of payment shall be carried out according to the
agreement on housing sale concluded by contracting parties. The State shall pay
compensation to contracting parties (if any). The agreement on housing sale
shall be annulled.
Section 3.
HOUSING LEASE
Article 129.
Lease term and housing rents
1. The lessor and the lessee may
agree about lease term, rents and payment, lump sum or installment payments; if
there are any regulations on housing rent regulated by the State, the
contracting parties shall comply with regulations.
2. If the lessor renovates the
house with consent of the lessee although the lease term does not expire, the
lessor is entitled to adjust the housing rents. The new rent shall be agreed by
contracting parties; if not, the lessor is entitled to unilaterally terminate
the lease agreement and pay compensation to the lessee as prescribed.
3. The lawful rights and interests
of the lessor and the lessee shall be protected by the State over the lease
term.
Article 130.
Jointly-owned houses for lease
1. The lease on a jointly-owned
house must be agreed by all homeowners, unless the joint owners lease out their
shares.
2. The joint owners may authorize
their representatives to conclude housing lease.
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1. With respect to agreements on
state-owned house lease, they shall be terminated if they are subject to one of
cases prescribed in Clause 1 Article 84 of this Law.
2. With respect to agreements on
non-state-owned house lease, they shall be terminated in one of the following
cases:
a) The lease agreement expires;
regarding the unlimited term agreement, it shall terminate after 90 days, from
the day on which the lessor notify the lessee of the termination of the lease
agreement;
b) Both contracting parties agree
to terminate the agreement;
c) The house for lease no longer
exists;
d) The lessor does not live with
anybody when he/she dies or is declared missing by the court;
dd) Any house for lease which is
damaged, in danger of collapse or in the area subject to land withdrawal or
housing clearance or demolition according to decisions issued by the competent
agency; or any house for lease subject to decision on compulsory purchase order
or commandeering issued by the State to use for other purposes.
The lessor must notify the lessee
of the termination of the lease agreement in writing 30 days in advance as
prescribed in this Clause, unless otherwise agreed;
e) The agreement terminates as
prescribed in Article 132 of this Law.
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1. During the lease term, the
lessor may not unilaterally terminate the lease agreement and withdraw the
house, except for cases prescribed in Clause 2 of this Article.
2. The lessor is entitled to
terminate unilaterally the lease agreement and withdraw the house in one of
following cases:
a) The lessor lease out the
state-owned houses or social houses ultra vires and not satisfying requirements
as prescribed in this Law;
b) The lessee has not paid the rent
for 3 months or more without reasonable explanation;
c) The lessee uses the house for
improper purposes as agreed in the agreement;
d) The lessee expands, renovates,
or demolishes the house under lease agreement without the consent of the
homeowner;
dd) The lessee exchanges, lends,
sublets the house under lease agreement without consent of the lessor;
e) The lessee still creates
disorder or breaches hygiene an environment conditions causing negative effects
on activities of the neighborhood although he/she is warned for the third time
by the lessor or the chief of neighborhood, the chief of village;
g) Cases prescribed in Clause 2
Article 129 of this Law.
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a) The lessor does not repair the
house when it is seriously damaged;
b) The lessor increases the rents
unreasonably or increases the rents without notification to the lessee;
c) The right to enjoyment of the
house is restricted by interests of a third party.
4. If any party unilaterally
terminates the lease agreement, the other party must be informed for at least
30 days, unless otherwise agreed; if he/she commits violations mentioned in
this Clause and cause damage, he/she must pays compensation as prescribed.
Article 133.
Rights to continue renting houses
1. In case the homeowner dies but
the lease has not expired, the lessee has right to continue renting the house
for the rest of their lease term. The heir is required to keep performing the
lease agreement, unless otherwise agreed. If the homeowner has no lawful heir
as prescribed, that house shall be under ownership of the State and the lessees
have right to continue renting as prescribed in regulations on management and
use of state-owned houses.
2. If the homeowner transfers
ownership of the house under lease agreement to other people but the lease term
has not expired, the lessee has right to continue renting for the rest of their
lease term; the new homeowner must keep performing the lease agreement, unless
otherwise agreed.
3. If the lessee dies but the lease
term has not expired, any people living with the lessee has right to continue
renting for the rest of the lease term, except for official residence lease or
unless otherwise agreed.
Section 4.
SOCIAL HOUSING LEASE PURCHASE
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1. Any transaction in social
housing lease purchase must be concluded under an agreement as prescribed in
Article 121 of this Law; regarding the lease purchase transaction in social
housing which is invested by organizations or individuals, the lease purchase
agreement must be concluded between the investor and the lessee; regarding the
lease purchase transaction in state-owned social housing, the lease purchase
agreed shall comply with Point a Clause 2 Article 83 of this Law.
2. When the lease purchase term
expires and the lessee has paid off the total amount as agreed, the lessor is
required to request the competent agency to grant the Certificate the lessee,
unless the lessee wishes to apply for the Certificate himself/herself.
Article 135.
Rights and obligations of lessees under agreements on lease purchase of social
housing
1. The lessee must comply with
Article 62 of this Law and other obligations as specified in the agreement on
housing lease purchase.
In case the lease purchase term
expires but the lessee has been received the house, the lessee shall return the
house to the lessor; the lessee may claim a refund of the option, except for
cases prescribed in Point e and Point h Clause 1 Article 84 and Clause 2
Article 136 of this Law.
2. If the lessee dies, it is
required to follow the procedures below:
a) If there is any lawful heir
living in that house with the lessee, he/she has right to continue renting and
buying the house, unless the lawful heir voluntarily returns the house under
lease purchase agreement;
b) If the lessee has lawful heir(s)
but they do not live together in that house, and the lessee has paid for
two-thirds of the lease purchase term, the lawful heir(s) is/are entitled to
pay off the total amount in proportion to one-thirds of the remaining lease
purchase term and the heir(s) shall be issued the Certificated by the competent
agency;
c) If there is any lawful heir not
subject to Point a and Point b of this Clause, the lessor is entitled to
withdraw the house and the lawful heir is entitled to claim the refund of
option included in the interest as prescribed in inter-bank unperiodical
interest rates on the day on which the option is refunded;
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Article 136.
Terminating lease purchase agreements and withdrawal of social housing under
lease purchase agreements
1. Regarding lease purchase
transactions in state-owned social housing, the termination of lease purchase
agreement and housing withdrawal shall comply with one in cases prescribed in
Point a, b, c, e, g and h Clause 1 Article 84 of this Law.
2. With respect to agreements on
non-state-owned house lease purchase, the lessor is entitled to terminate the
agreement on housing lease purchase or withdraw the house under the lease
purchase agreement in one of the following cases:
a) The lessee leases out or sells
the house under lease purchase agreement to other people without the consent of
the lessor when the lease purchase term has not expired;
b) The lessee has not paid the
rents for 3 months or more without good reasons;
c) The lessee expands, renovates,
or demolishes the house under lease purchase agreement without the consent of
the lessor;
d) The lessee uses the house for
improper purposes as agreed in the agreement;
dd) The lessee is subject to cases
prescribed in Point d Clause 2 Article 135 of this Law;
e) Other cases as agreed by
contracting parties.
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Section 5.
DEEDS OF GIFT FOR HOUSING
Article 137.
Gifts of joint-owned houses
1. A deed of gift is required to be
concluded by all joint owners when a house under tenancy by the entirety is
gifted.
2. Any joint owner is only entitled
to gift his/her share in the house under tenancy in common and may not cause
negative effects on lawful rights and interests of other joint owners. After
receiving the share, the new joint owner may not cause negative effects on
lawful rights and interests of other joint owners.
Article 138.
Gifts of houses under lease agreements
1. The homeowner of a house under
lease agreement must notify the lessees of the gift of the house.
2. The lessees are entitled to keep
renting the house for the rest of the lease term as agreed with the donor,
unless otherwise agreed.
Section 6.
HOUSING EXCHANGE
Article 139.
Exchange of joint owned houses
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2. Any joint owner is only entitled
to exchange his/her share in the house under tenancy in common and may not
cause negative effects on lawful rights and benefits of other joint owners.
After receiving the share, the new joint owner may not cause negative effects
on lawful rights and interests of other joint owners.
Article 140.
Exchange of houses under lease agreements
1. The homeowner of a house under
lease agreement must notify the lessees of the exchange of the house.
2. The lessees are entitled to keep
renting the house for the rest of the lease term as agreed with the homeowner,
unless otherwise agreed.
Article 141.
Payment for difference
When both parties exchange the
house and transfer the homeownership to each other, if there is any difference
in value of housing, they must pay that difference, unless otherwise agreed.
Section 7.
HOUSING INHERITANCE
Article 142.
Inheritance of houses under tenancy by the entirety
If a house under tenancy by the
entirety is inherited by a heir who is remaining joint owners, they shall
inherit under the will or the rules of intestacy; if the heir is not the joint
owners, they shall be paid the portion of value of house that they inherit,
unless otherwise agreed.
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The share of a testator in a house
under tenancy in common shall be divided to his/her heir under the will or
rules of intestacy; if the house is bought to divide its value, the heir shall
be given pre-emption rights to buy it; if the heir does not buy it, other joint
owners shall be given pre-emption rights to buy it and pay the house’s value to
the heir.
Section 8.
HOUSING MORTGAGE
Article 144.
Mortgagors and mortgagees
1. The homeowner is an organization
entitled to mortgage its house at a credit institution operating in Vietnam.
2. The homeowner is an individual
entitled to mortgage his/her house at a credit institution, or an economic
organization operating in Vietnam or individuals as prescribed.
Article 145.
Mortgage on jointly-owned houses
The mortgage on jointly-owned
houses must be agreed in writing by joint owners, except for mortgage on houses
under tenancy in common. The joint owners of the house under tenancy by the
entirety have joint liability to fulfill obligations of the mortgagor as
prescribed in the Civil Code.
Article 146.
Mortgage on houses under lease agreements
1. The homeowner is entitled to
mortgage the house under lease agreement provided that he/she notify the
lessees of the mortgage in writing in advance. The lessees are entitled to keep
renting for the rest of the lease term.
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Article 147.
Mortgage on projects on housing construction and mortgage on off-the-plan
housing
1. The investor in the project on
housing construction is entitled to mortgage the project or houses in the
project at a credit institution operating in Vietnam to apply for loans to
invest in the project or build houses in the project; in case the investor has
mortgaged the house, but he/she wishes to mobilize capital to divide the house
as prescribed in law on housing and wishes to sell or lease and purchase that
house, the mortgage on the house (if any) has been paid off before the
agreement on housing capital mobilization, sale, or lease purchase is concluded
with clients, unless otherwise agreed by the contributor, the buyer/lessee and
the lender.
Before concluding an agreement on
housing capital mobilization, sale, or lease purchase with clients as
prescribed in this Clause, it is essential to refer to the Certificate of
conformity to sell issued by the housing authority of province in order to
determine the mortgage on the house is whether has been paid off.
2. Any organization or individual
who builds an off-the-plan house on their lawful piece of land; any
organization or individual who buys an off-the-plan house in a project on
housing construction from an investor is entitled to mortgage that house at a
credit institution operating in Vietnam in order to apply for a loan to build
or buy that house.
Article 148.
Requirements for mortgage on projects on housing construction and mortgage on
off-the-plan housing
1. Requirements for mortgage on
projects on housing construction and mortgage on off-the-plan housing:
a) In case the investor mortgages a
part or all of the project on housing construction, a approved dossier on
project, technical design and the Certificate or Decision on land allocation or
land lease issued by the competent agency are required;
b) In case the investor mortgages
an off-the-plan house in the project, he is required to satisfy both
requirement prescribed in Point a of this Clause and other requirement that the
foundation of that house must be finished as prescribed in law on construction
and it is not subject to the part or all of the project which is mortgaged by
the investor as prescribed in Point a of this Clause;
c) If any organization or
individual mortgages their houses prescribed in Clause 2 Article 147 of this
Law, the Certificate of rights to use land prescribed in law on land, or
License for construction (if applicable) is required.
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2. The mortgage on projects on
housing construction and the mortgage on off-the-plan houses must comply with
regulations of this Law; if not, that mortgage shall be considered illegal.
Article 149.
Handling of houses subject to the existing mortgage
1. The handling of houses subject
to the existing mortgage, including off-the-plan houses must comply with
regulations of this Law, law on civil and corresponding regulations of law.
2. The handling of the project on
housing construction subject to the existing mortgage must comply with law on
civil and corresponding regulations of law; any organization or individual
receiving the project must satisfy requirements for the investor as prescribed
in this Law and register at the competent agency assigning the project as
prescribed in law on real estate trading.
Section 9.
CONTRIBUTING HOUSING AS CAPITAL
Article 150.
Procedures for contributing housing as capital
1. A homeowner or an investor in
the project on commercial housing construction is entitled to contribute
housing as capital to run business in fields not prohibited by law. The
contributing housing as capital must be made under an agreement prescribed in
Article 121 of this Law.
2. The house contributed as capital
must be an existing house and meet all requirements prescribed in Clause 1
Article 118 of this Law.
Article 151.
Contributing jointly- owned housing as capital
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2. The joint owners may
concurrently sign the agreement on contributing housing as capital or appoint
their representatives to sign the agreement on contributing housing as capital
as agreed.
Article 152.
Contributing housing under lease agreement as capital
1. The homeowner of the house under
a lease agreement must notify the lessees of the contributing housing as
capital.
2. The lessees are entitled to keep
renting the house for the rest of the contractual lease term, unless otherwise
agreed.
Section 10.
AGREEMENT ON HOUSING LENDING OR PERMISSION FOR STAY
Article 153.
Jointly-owned housing lending or permission for stay
1. A joint owner may lend or permit
to stay in the house under tenancy by the entirety with the consent of all
joint owners; a joint owner may lend or permit to stay in his share of the
house under tenancy in common provided that it does not cause negative effects
on the interests of other joint owners. The person who lends or permits to stay
in the house is entitled to terminate the agreement prescribed in Article 154
of this Law and contractual terms.
2. The joint owners are entitled to
authorize their representatives to conclude the agreement on housing lending or
permission for stay.
Article 154.
Cases of termination of agreements on housing lending or permission for stay
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2. The housing for lending or
permission for stay no longer exists.
3. The person who borrows or stays
in the house dies or is declared missing by the Court.
4. The housing for lending or
permission for stay is in danger of collapse or subject to the decision on land
clearance, demolition, or land withdrawal issued by the competent agency.
5. By agreements of the parties.
Section 11.
HOUSING MANAGEMENT AUTHORIZATION
Article 155.
Scope of housing management authorization
1. The housing management authorization
means the homeowner authorizes other organization or individual to exercise
rights and fulfill obligations of the homeowner pertaining to management and
use of housing over the duration of authorization. The housing management is
only authorized relating to existing houses.
2. The scope of housing management
authorization shall be agreed by contracting parties and stated in the
authorization agreement; if the contracting parties do not agree about the
duration of authorization, the authorization agreement shall take effect for
one year, from the day on which the authorization agreement is concluded.
3. The authorizer must pay the
administrative expense, unless otherwise agreed.
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1. The management of houses under
tenancy by the entirety shall be authorized with the consent of all joint
owners; any joint owner of the house under tenancy in common is entitled to
authorize other people to manage his/her share provided that it does not cause
effects on interest of other joint owners.
2. The joint owners must notify
other homeowners of the housing management authorization, unless authorized
person in charge of housing management is also the joint owner.
Article 157.
Cases of terminating agreements on housing management authorization
1. The authorization agreement
expires.
2. The scope of authorization.
3. The house subject to management
authorization does not exist.
4. The authorized grantor or the
authorized grantee unilaterally terminates the agreements on housing management
authorization as prescribed in Article 158 of this Law.
5. The authorized grantor or the
authorized grantee dies.
6. The authorized grantee is
missing or incapable of civil acts according to the decision issued by the
Court.
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Article 158.
Unilateral termination of agreements on housing management authorization
1. The authorized grantor may
unilaterally terminate agreements on housing management authorization in one of
following cases:
a) If the authorization incurs
administrative expense, the authorized grantor is not required to notify the
authorized grantee of the unilateral termination of the authorization agreement
provided that he/she pays the authorized grantee the remuneration for the task
performed by the grantee and the compensation;
b) If the authorization does not
incur administrative expense, the authorized grantor must notify the authorized
grantee of the unilateral termination of the authorization agreement before at
least 30 days, unless otherwise agreed.
2. The authorized grantor may
unilaterally terminate agreements on housing management authorization in one of
following cases:
a) If the authorization incurs
administrative expense, the authorized grantor is not required to notify the
authorized grantee of the unilateral termination of the authorization agreement
but he/she must pays compensation to the authorized grantee (if any);
b) If the authorization does not
incur administrative expense, the authorized grantor must notify the authorized
grantee of the unilateral termination of the authorization agreement before at
least 30 days, unless otherwise agreed.
3. The authorized grantor and the authorized
grantee must notify the third person of the unilateral termination of the
agreement on housing management authorization.
Chapter IX
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Article 159.
Foreign entities eligible for the homeownership in Vietnam and forms of the homeownership in Vietnam relating to foreign entities
1. Foreign entities eligible for
the homeownership in Vietnam include:
a) Foreign entities who invest in
project-based housing construction in Vietnam as prescribed in this Law and
corresponding regulations of law;
b) Foreign-invested enterprises,
branches, representative offices of foreign enterprises, foreign-invested funds
and branches of foreign banks operating in Vietnam (hereinafter referred to as
foreign organization);
c) Foreign individuals who are
allowed to enter Vietnam.
2. The foreign entities eligible
for the homeownership in Vietnam if they:
a) Invest in project-based housing
construction in Vietnam as prescribed in this Law and corresponding regulations
of law;
b) Buy, rent and purchase, receive,
or inherit commercial housing including apartments and separate houses in the
project for housing construction, except for areas under management relating to
national defense and security as prescribed in regulations of the Government.
Article 160.
Requirements pertaining to foreign entities eligible for the homeownership in Vietnam
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2. The foreign entity prescribed in
Point b Clause 1 Article 159 of this Law is required to have an Investment
certificate or a Permission to run business in Vietnam (hereinafter referred to
as Certificate of investment) issued by the competent agency in Vietnam.
3. The foreign entity prescribed in
Point c Clause 1 Article 159 of this Law is required to have a permission to
enter Vietnam and he/she is not granted diplomatic immunity and privileges as
prescribed.
4. The Government provides guidance
on documentary evidence for entities or requirements pertaining to foreign
entities qualifying for the homeownership in Vietnam.
Article 161.
Rights of foreign entities as homeowners
1. The foreign entity prescribed in
Point a Clause 1 Article 159 of this Law is entitled to exercise rights of
homeowners as prescribed in Article 10 of this Law, if his/her house is built
on a piece of leased land, he/she is only entitled to lease that house.
2. The foreign entity prescribed in
Point b and c Clause 1 Article 159 of this Law is entitled to exercise rights
of homeowners similarly to Vietnam citizens provided that he/she comply with
following regulations:
a) He/she may not buy, rent and
purchase, receive, inherit and own more than 30% of apartments in an apartment
building; or more than 250 houses regarding separate houses including villas,
row houses in an area whose population is equivalent to a ward-administrative
division.
In case in an area whose population
is equivalent to a ward-administrative division has multiple apartment
buildings or regarding separate houses in a street, the Government shall
provide guidance on number of apartments or number of separate houses that a foreign
entity is entitled to buy, rent and purchase, receive, inherit and own;
b) In case the foreign entity
receives or inherits house(s) not in accordance with Point b Clause 2 Article
159 of this Law or exceeding the number of houses prescribed in Point a of this
Clause, he/she only receives the value of that house(s);
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If a foreign individual marries to
a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for stable and
long-term homeownership and has all rights of homeowner similarly to Vietnamese
citizens;
d) The foreign organization are
eligible for the homeownership as agreed in agreements on housing sale, lease
purchase, gifting, or inheritance for not longer than duration stated in their
Certificate of investment, including extension duration, the duration of the
homeownership shall be determined from the day on which the organization is
granted the Certificate and stated in such Certificate;
dd) Before the time limit of the
homeownership prescribed in this Law expires, the homeowner is entitled to gift
or sell their house(s) to entities eligible for the homeownership in Vietnam;
if not, their house(s) shall be under ownership of the State.
Article 162.
Obligations of foreign entities as homeowners
1. The foreign entity prescribed in
Point a Clause 1 Article 159 of this Law has obligations of homeowners as
prescribed in Article 11 of this Law.
2. The foreign entity prescribed in
Point b and Point c Clause 1 Article 159 of this Law has obligations of
homeowners similarly to Vietnamese citizens provided that he/she comply with
following regulations:
a) If the homeowner is a foreign
individual, he/she is entitled to lease house(s) for lawful purposes provided
that he/she notifies the agency of district in charge of housing where the
house is located of housing lease as prescribed in regulations of the Minister
of Construction and pays taxes on housing lease as prescribed before leasing
houses.
If a foreign individual gets
married to a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for
stable and long-term homeownership and has all rights of homeowner similarly to
Vietnamese citizens;
b) If the homeowner is a foreign
organization, its house(s) is/are only provided for their employees but it is
not allowed to use their house(s) for lease, offices, or other purposes;
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Chapter X
COMMUNICATION SYSTEM AND DATABASE OF HOUSING
Article 163.
Communication system of housing
Communication system of housing
includes:
1. Information technology
infrastructure of housing;
2. Systems of operating system
software, system software and application software;
3. Database of housing.
Article 164.
Database of housing
1. The database of housing must be
formulated and consistently managed from central governments to local
governments, which is connected to database and communication system of land.
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a) Database of system of
legislative documents on housing;
b) Database of housing development
including programs, planning for housing development, investigation, and
statistics on housing, basic information about projects on housing
construction, number, type of housing, area of housing, area of pieces of land
used for housing construction;
c) Database of changes in
management and use of housing;
d) Other database relating to
housing.
3. Every 10 years, the Government
shall carry out an investigation, release statistics on housing and take
national census population. In the middle of the national census population and
housing period, the Government shall carry out an pilot investigation and
release statistics on housing on the basis of formulation of policies on
housing.
4. Basic statistical indicators on
housing must be included in national statistical indicator system.
5. Funding for investigation and
statistics on housing shall be provided by government budget.
Article 165.
Competence and responsibility for formulating communication system and database
of housing
1. The Ministry of Construction
must formulate and manage, develop communication and database of national
housing; Ministries, agencies and the People’s Committees of provinces must
cooperate in provision of housing database for the Ministry of Construction to
update on national housing communication system.
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3. The State shall allocate budget
to build database and communication system of housing and the operation and
maintenance of that system; the Ministry of Construction shall request the
Prime Minister to allocate budget to build, manage, operate, and maintain that
system.
4. The Government shall provide
guidance on creation of the database, statistical indicators and the
management, operation and development of system of database and communication
of housing.
Article 166.
Management and development of communication and database of housing
1. The housing database must be
managed closely, developed and used effectively and properly.
2. The information in the housing
database provided by the competent agency shall be valid similarly to written
dossiers or documents.
3. The agency in charge of
management of housing database and information prescribed in Clause 4 of this
Clause shall enable organizations and individuals to develop or use housing
information following procedures as prescribed.
Any organization or individual who
wishes to receive information about housing shall pay fees for using
information as prescribed, except for information provided at the request of
the competent agency to serve state management, investigation, verification or
actions against contravention of law.
4. The Ministry of Construction
shall be in charge of management of database and communication system of
housing nationwide. Authorities of provinces or districts in charge of housing
shall be also in charge of management of database and communication system of
housing in the administrative divisions.
Chapter XI
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Article 167.
State management of housing
1. Formulate and direct to
implement strategies, projects, programs, or plans for development and
management of housing.
2. Issue and implement legal
documents on housing, mechanism, policies on development and management of
housing.
3. Formulate and issue technical
regulations and standards, classification of housing and quality control of
housing.
4. Decide policies on projects on
housing construction; assessment, approval, adjustments, or suspension of
projects.
5. Manage documents on housing;
manage funds for state-owned housing; manage projects on housing construction.
6. Investigate, release statistics,
build system of database and communication of housing, manage, operate,
develop, and provide database and information about housing.
7. Study, apply science and
technology, and raise public awareness of legal knowledge about housing.
8. Provide human resources with
training in development and management of housing.
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10. Recognize institutions
providing training in management of apartment buildings grant Certificates of
training in management of apartment building; recognize the classification of
apartment buildings; grant, revoke the Certificates of training in housing.
11. Provide guidance, expedite,
inspect, deal with complaints, dispute, denunciation and violations against
regulations in housing.
12. Cooperate internationally in
the housing fields.
Article 168.
Formulation of Strategy for national housing development
1. According to socio-economic
development strategy in every period, the Ministry of Construction shall
formulate and request the Prime Minister to approve the Strategy for national
housing development in every period.
2. The Strategy for national
housing development includes:
a) Objectives for housing
development;
b) Objectives for housing
development includes minimum area of housing, area of housing per capita in
urban areas, rural areas and nationwide; development rate of types of housing;
demand for social housing for those facing difficulties of housing;
c) Assignments and measures for
housing development, in which target programs for housing development
equivalent to every group entitled to benefit from policies on social housing
must be clarified;
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dd) Other relevant content.
3. The basic indicators in housing
development in the Strategy for national housing development includes area of
housing per capita; number of housing; floor area of new housing; quality of
housing in urban areas, rural areas and nationwide; entities facing
difficulties of housing which are provided housing must be included in
assignments of national socio-economic development in every period.
Article 169.
Approval for programs or plans for housing development
1. The approval for programs or
plans for housing development shall following procedures below:
a) With respect to
central-affiliated cities, the People’s Committees of cities shall formulate
programs for housing development as prescribed in Article 15 of this Law and
confer the Ministry of Construction, then send it to the People’s Council of
cities for approval. The People’s Committee of city shall approve and implement
programs after the People’s Council of the city passes.
The documents send to the Ministry
of Construction for conferring shall include planning for land resources used
for housing construction and plans for providing accommodation for every group
of entities; indicators for area of housing per capita; number, area, and rate
of types of housing; expectation of capital resources; responsibility of
relating agencies in the implementation of programs for housing development;
b) With respect to provinces, the
People’s Committee of the province shall implement the programs for housing
development as prescribed in Article 15 of this Law, then send it to the
People’s Council of province for approval;
c) According to the approved
program for housing development, the People’s Committee of the province shall
formulate and approve the plan for local housing development as prescribed in
Article 15 of this Law; if it has the plan for using budget for housing
development, it is required to confer the People’s Council of province before
approval.
2. Procedures for formulation and
content of plans for local housing development shall comply with regulations of
the Government.
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1. Before setting up or approving
projects on housing construction for relocation, social housing, official
residence using public capital, the policies on that projects shall be approved
as prescribed in the Law on public investment. In case the project is invested
by central budget, it is required to confer the Ministry of Construction; in
case the project is invested by local budget, it is required to confer the
housing authority of province.
2. Regarding other projects on
housing construction which must be granted the approval of investment as
prescribed in the Law on Investment shall comply with the Law on Investment.
Regarding projects which are not subject to the approval of investment as
prescribed in the Law on Investment shall comply with regulations of the
Government.
Article 171.
Application for approval of residential construction projects
1. Regarding the case prescribed in
Clause 1 Article 170 of this Law, both application for approval of residential
construction project prescribed in the Law on public investment and documents
prescribed in Point a and Point b Clause 2 of this Article are required.
2. Regarding the projects must be
approved as prescribed in the Law on Investment, both application for approval
prescribed in the Law on Investment and the following documents are required:
a) Application form for the
approval of the residential construction project, which clarifies legal basis,
content of approval and reasons for applying for approval;
b) Specific planning drawing of
area of projects approved by the competent agency.
Article 172.
Research, application of science and technology and international cooperation
in housing field
1. The State carries out incentive
policies and facilitates the application of science and technology and international
cooperation for development and management of housing.
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Article 173.
Training in development and management of housing
1. Officials and civil servants
working in agencies in charge of housing management and development are
required to participate in training course in development and management of
housing. Any person working in the managing organization of an apartment
building is required to participate in training course in management of
apartment buildings and obtain the Certificate of training in management of
apartment buildings as prescribed in regulations of the Minister of
Construction.
2. The Minister of Construction
shall regulate programs, curriculum content about development and management of
housing provided for officials and civil servants in charge of development and
management of housing nationwide.
Article 174.
Agencies in charge of housing
1. The Government shall be in
charge of state management of housing nationwide.
2. The Ministry of Construction
shall take responsibility to the Government for management of housing
nationwide.
3. Relevant Ministries, agencies
within their competence implement State management of housing and cooperate
with the Ministry of Construction in implementation of law on housing.
4. The People’s Committees must
implement State management of housing in the administrative divisions as
prescribed in this Law and the Government.
Article 175.
Responsibilities of the Ministry of Construction
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2. Issue and implement legal
documents on housing within their competence; regulate technical regulations
and standards, classification of housing, determination of rents, lease
purchase prices, selling prices of social housing, housing serving the relocation,
state-owned housing; regulate content and form of agreements on sale, lease,
lease purchase of social housing, housing serving the relocation, state-owned
housing.
3. Give suggestion on programs for
housing development of central-affiliated cities; conduct assessment of
official residence, then submit the plan for development of official residence
of central governments to the Prime Minister, approve projects on housing
construction; make adjustments or impose suspension of residential construction
projects as prescribed in this Law.
4. Management of housing, storage
of documents on state-owned houses of central governments.
5. Investigate, release statistics,
build system of database and communication of national housing, manage,
operate, develop, and provide database and information about national housing.
6. Research, apply science and
technology, and raise public awareness of legal knowledge about housing.
7. Provide training courses in
management of apartment buildings, recognize institutions providing training
courses in management of apartment buildings; regulate the grant of
Certificates of training in management of apartment building; regulate and
recognize the classification of apartment buildings.
8. Provide guidance, expedite,
inspect, and deal with complaints, dispute, denunciation and violations against
regulations in housing.
9. Cooperate internationally in the
housing fields.
10. Carry out other assignments in
the housing fields as prescribed in this Law or given by the Government or the
Prime Minister.
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1. Construction Inspectorate of the
Ministry of Construction or Departments of Construction shall perform
administrative or specialist inspection to organizations, households or
individuals involved in development, management and use of housing.
2. Specialist inspection of housing
includes:
a) Inspection of the observance of
law conducted by organizations, households or individuals involved in
development, management and use of housing;
b) Discover, prevent and handle
within their competence or request the competent agency to handle violations
against law on housing.
3. The Ministry of Construction
shall take responsibility for specialist inspection of national housing.
Departments of Construction shall take responsibility for specialist inspection
of local housing.
4. The Government shall provide
guidance on this Article.
Chapter XII
SOLUTIONS TO DISPUTE, COMPLAINTS, DENUNCIATION AND
VIOLATIONS AGAINST LAW ON HOUSING
Section 1.
SOLUTIONS TO DISPUTE, COMPLAINTS, DENUNCIATION OF HOUSING
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1. The State encourages parties in
solving dispute about housing through conciliation.
2. The dispute about the
homeownership, right to enjoyment of housing under ownership of organizations
or individuals, the dispute about agreements on housing, management of
apartment building shall be settled by the People’s Court as prescribed.
3. The dispute about management and
use of state-owned houses shall be settled by People's Committees of provinces
if that houses are under management of local governments, the Ministry of
Construction shall settle houses under management of central governments; in
case any organization or individual does not agree with the decision made by
the People’s Committee of the province or the Ministry of Construction, they
have rights to file a lawsuit at the People’s Court as prescribed in law on
administrative procedural.
4. The dispute about funding for
management of apartment building, management and use of funding for maintenance
of the common areas in the apartment building shall be settled by the People’s
Committee of the province where the housing subject to dispute is located; if
any organization or individual does not agree with the decision made by the
People’s Committee of the province, they have rights to file a lawsuit at the
People’s Court as prescribed in law on administrative procedural.
Article 178.
Complaints, denunciation and solutions to complaints, denunciation of housing
1. The complaints, denunciation and
solutions to complaints, denunciation of housing shall comply with the Law on
complaints and the Law on denunciation.
2. When the decision on settlement
of complaints or denunciation issued by the competent agency in charge of
housing or the verdict delivered by the Court takes effect, relevant parties
must implement that decisions or verdicts.
Section 2.
SOLUTIONS TO VIOLATIONS AGAINST LAW ON HOUSING
Article 179.
Solutions to violations against law on housing
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2. Any person on duty committing
violations below shall be disciplined, face administrative sanction, or face a
criminal prosecution according to nature and severity of the violations:
a) Misuse position, entitlement to
commit violations against regulations on approval of policies on residential
construction projects; assessment and approval of residential construction
projects; decision and assessment of housing selling prices, rents, or lease
purchase prices; implementation of policies on housing support; determination
of financial obligations of housing; management and provision of information
about housing and other regulations relating to development, management and
transactions in housing as prescribed in this Law;
b) Lack of responsibility for
management leading to violations against law on housing, or other violations
causing damage to benefits of the State, lawful rights and interests of
organizations, households or individuals involved in housing development,
homeowners and lawful occupiers;
c) Commit violations against
regulations on administrative procedures in housing fields, regulations on
reports, statistics in development and management of housing.
3. The Government shall provide
guidance on this Article.
Article 180.
Solutions to violations against law on housing in case of damages to the State,
organizations, households or individuals
Any person who both commits
violations against law on housing and causes damages to benefits of the State,
lawful rights and interests of organizations, households or individuals, he/she
shall be both handled as prescribed in Article 179 of this Law and paid
compensation to the State and those suffering damages.
Chapter XIII
IMPLEMENTATION
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1. This Law comes into force as of
July 1, 2015.
2. The Law on Housing No.
56/2005/QH11 which is amended by the Law No. 34/2009/QH12 and the Law No.
38/2009/QH12, the Resolution No. 19/2008/QH12 of the National Assembly on pilot
permission for foreign entities entitled to buy and own housing in Vietnam
shall be annulled from the effective date of this Law.
Article 182. Grandfather
clause
1. The projects on housing
construction which are approved before the effective date of this law shall not
approved as prescribed in this Law, unless they are required to adjust the
projects because the State adjusts the approved planning, or it is required to
reserve land for commercial housing construction for social housing
construction or reserve land of social housing for lease as prescribed in this
Law.
Any social housing development
project which is approved policies on investment shall comply with this Law
regardless of not subject to any program or plan for local housing development.
2. In case the buyer received the
commercial housing from the investor but he/she has not applied to the
competent agency for the Certificate of that house up to the effective date of
this Law, he/she entitled to transfer the agreement on sale of that house as
prescribed in this Law.
3. If an apartment building set up
its management board before the effective date of this Law, its owners may hold
the election of management board operating according to model prescribed in
this Law or remain the model until the end of the tenure of the management
board.
4. If there are agreements on
housing sale, or lease purchase which are concluded before the effective date
of this Law but the terms about housing warranty, housing area for sale or
lease purchase are different from regulations in this Law, the contracting
parties shall keep performing the signed agreement or renegotiate as prescribed
in this Law.
5. The Government shall provide
guidance on this Article.
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The Government and the competent
agencies shall provide guidance on Clauses and Articles in this Law.
This Law is passed by the
National Assembly of the Socialist Republic of Vietnam session XIII, 8th plenum
on November 25, 2014.
PRESIDENT
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung