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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law
No. 27/2023/QH15
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Hanoi,
December 27, 2023
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LAW
ON HOUSING
Pursuant to Constitution of the
Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Housing.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law provides for ownership,
development, management, operation, and use of houses, trading of houses, and
state management of houses in Vietnam, except for cases under Clause 2 of this
Article.
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Article 2. Definitions
In this Law, the terms below are
construed as follows:
1. Houses refer to
structures serving residential purposes and daily activities of families and
individuals. Houses serving both residential and non-residential purposes
without being prohibited by the law are mixed-use houses.
2. Single-family houses refer
to houses built on separate plots under use right of organizations, individuals
or on plots rented, borrowed from other organizations, individuals, include
villas, row houses, and detached houses, and built for residential or mixed-use
purposes.
3. Apartment buildings refer
to buildings with at least 02 storeys, multiple dwelling units, common
staircases and common walkways, private property and common property, common
infrastructures and amenities for use by households, individuals, and
organizations, including apartment buildings built for residential purposes and
apartment buildings built for mixed-use purposes.
4. Residential real estates refer
to houses built in order to be sold, lease-purchased, and/or leased in
accordance with market mechanisms.
5. Official houses (or
official residence) refer to houses for use by entities eligible for
staying in rental official residence during period in which said entities hold
titles and/or travel on business trip in accordance with this Law.
6. Relocation housing refers
to houses assigned to entities in case of relocating as a result of the
Government’s expropriating of land and/or performing of land clearance as per
the law.
7. Social housing refers to
houses supported by the Government for use by entities benefiting from housing
support programs under this Law.
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9. Housing for people’s armed
forces refers to social housing sold, lease-purchased, or leased to members
of people’s armed forces in accordance with this Law.
10. Old houses refer to
houses built in 1994 or earlier and include apartment buildings.
11. Public housing refers to
houses under public ownership where the Government acts as ownership
representatives and jointly manages.
12. Housing investment and
construction projects refer to a combination of proposal relating to use of
capital for construction, reconstruction, renovation, or repair of houses,
technical infrastructures, and social infrastructures serving residential
demand in specific locations within a defined time limit and expenditure.
13. Domestic organizations refer
to state authorities, entities affiliated to people’s armed forces, public
service providers, political organizations, socio-political organizations,
socio-occupational-political organizations, social organizations,
socio-occupational organizations, business organizations, and other
organizations according to civil laws (hereinafter referred to as
“organizations”).
14. Developers of housing
investment and construction projects refer to organizations selected to
execute housing investment and construction projects in accordance with this
Law.
15. Housing development refers
to investment, construction, reconstruction, or renovation of houses in a way
that increases housing area.
16. House renovation refers
to quality improvement, area increase, or adjustment to area compositions of
existing houses.
17. House maintenance refers
to maintenance and repair of houses on a periodic basis and in case of damage
in order to maintain quality, regular operation, and safety during operation
and use.
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19. Apartment building owners refer
to owners of dwelling units and owners of areas other than dwelling units in
apartment buildings.
20. Private property in
apartment buildings refers to area in dwelling units or outside of dwelling
units recognized under private ownership of apartment building owners and
equipment used in dwelling units and in areas outside of dwelling units under
ownership of apartment building owners in accordance with this Law.
21. Common property in apartment
buildings refers to remaining area in apartment building other than private
area owned by apartment building owners and equipment for common use in the
apartment buildings in accordance with this Law.
22. Housing lease-purchase
refers to an instance where a buyer/tenant pays up to 50% of
lease-purchased house value according to lease purchase agreement value in
advance; while the remaining amount is paid to the seller/landlord in form of
monthly rent over a period agreed upon by the parties; the buyer/tenant shall
have ownership over the house when lease-purchase period expires and remaining
payments have been adequately settled.
23. Existing houses refer to
houses that have been built, commissioned, and brought into use in accordance
with construction laws.
24. Off-plan housing refers
to houses during investment and construction stages or houses that have not
been commissioned in accordance with construction laws.
Article 3. Prohibited actions
1. Violating the right to property
of organizations and individuals.
2. Obstructing the performance of
state management regarding houses, the exercising of rights and obligations
regarding ownership, use, and transaction of houses of organizations and
individuals.
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4. Building houses on land where
housing investment and construction is not allowed in accordance with this Law;
building or renovating houses in a manner that does not conform to land use
planning, construction planning, urban planning, design standards, area
standards in respect of types of house stipulated by competent authority to be
subject to design standards and area standards. Applying the wrong formula for
calculating useable area of houses under this Law. Developing private
multi-storey or multi-unit houses in a manner that contradicts this Law.
5. Illegally expropriating house
area; encroaching on space and area under joint ownership or ownership of other
people in any shape or form; renovating, expanding, demolishing, reconstructing
rented, lease-purchased, borrowed, lodged, or authorized houses without consent
of owners.
6. Signing capital mobilization
documents or mobilizing capital for housing development without fulfilling
conditions under this Law and other relevant law provisions; using mobilized
capital or advance housing payment for the wrong purposes.
7. Engaging in the sale, purchase,
lease purchase, rent, accommodation rent, gift, transfer, mortgage, capital
contribution, lease, lodging, authorization for house management in a manner
that does not conform to this Law and other relevant law provisions; transferring
houses to buyers, buyer/tenant without fulfilling condition under this Law and
construction laws.
8. Performing the following actions
in apartment building management and use:
a) failing to incur maintenance
fees for common property of apartment buildings (hereinafter referred to as
“maintenance fees”); managing, using management, operation, or maintenance fees
in a manner that violates housing laws;
b) intentionally causing damp;
causing noise or vibration higher than the permissible value; disposing refuge,
wastewater, emission, or toxic substances in a manner that violates
environmental protection laws or apartment building management and use
regulations; painting or decorating exterior of dwelling units or apartment
buildings in a manner that violates design and architecture regulations;
raising, herding livestock, poultry; slaughtering livestock within the vicinity
of apartment buildings;
c) Intentionally changing
occupancy, use purposes of common property of apartment buildings; using dwelling
units for purposes other than residential; altering or damaging load-bearing
elements; separating or splitting dwelling units without permission of
competent authorities;
d) Intentionally using area and
equipment under joint ownership for personal gain; altering purposes of service
area in mixed-use apartment buildings without permission for repurposing of
competent authorities;
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e) Engaging in discotheque,
karaoke, bar business; engaging in repair of motorized vehicles; engaging in other
contaminating lines of business in accordance with environmental protection
laws; engaging in restaurant business without complying with fire safety
requirements, without preparing means of egress, or without complying with
other business conditions as per the law.
9. Using single-family houses for
trading combustible materials, providing services that cause environmental
pollution, noise pollution, affect social order, safety, activities of
residential area without complying regulations on business conditions.
Article 4. Housing development,
management, and use policies
1. The Government is responsible
for implementing housing development policies, allowing everyone to afford
accommodations by promoting diverse form of housing, including houses for sale,
lease purchase, rent depending on demand and financial capability of
individuals and families, subsidizing renovation and reconstruction of houses; the
Government shall invest public investment in part or in whole (hereinafter
referred to as “public investment”) in construction of social houses for lease
and lease purchase.
2. The Government is responsible
for creating residential land fund by approving land use planning, land use
plans, construction planning, urban planning, and functioning zone construction
planning.
3. The Government shall promulgate
regulations and policies on planning, land, finance, credit, research,
application of new science, technology, construction materials to encourage
types of ownership to participate in housing development investment and
encourage organizations and individuals to participate in housing development
for sale, lease purchase, and lease in accordance with market mechanisms.
4. The Government shall promulgate
long-term incentive regulations and policies regarding finance, land, credit
with preferential interests, other incentive financial regulations, and subsidy
from state fundings in order to implement social housing, apartment building
renovation and reconstruction policies.
5. The Government shall develop
policies incentivizing research and issuance of model design, type design of
houses appropriate to area, zone, region; develop policies incentivizing
development of energy-efficient housing.
6. People’s Committees of provinces
and central-affiliated cities (hereinafter referred to as “provincial People’s
Committees”) shall be responsible for planning, allocating land area, investing
in social housing construction in accordance with this Law and other relevant
law provisions.
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Article 5. General requirements
regarding housing management and use
1. Suit housing demands of entities
and socio-economic conditions of the nation, administrative divisions, regions,
and zones from time to time.
2. Conform to the national strategy
for housing development, land use planning, land use plan, construction
planning, urban planning, housing development programs and plans from time to
time, ensure equal development of technical infrastructure and social
infrastructure; develop houses on the basis of efficient use of resources;
improve housing construction management.
3. Comply with housing laws;
satisfy standards, technical regulations, construction quality of houses as per
the law, conform to fire safety, architectural, scenery, hygiene,
environmental, and safety requirements during construction as per the law; capable
of responding to natural disasters and climate change; use energy and land
resources efficiently.
4. In respect of urban areas,
housing development shall be implemented primarily in form of projects and
consist of housing type, area appropriate to market demand. In respect of
remaining areas, depending on specific local areas, provincial People’s
Committees shall stipulate locations and areas for housing development in form
of projects. In respect of class 1 urban areas or wards, districts, cities in
special urban areas, development shall focus on apartment buildings.
5. In respect of wards, districts,
cities in special, class I, class II, and class III urban areas, developers of
housing investment and construction projects shall develop houses for sale,
lease purchase, and lease. In respect of other areas, provincial People’s
Committees shall, depending on local conditions, determine areas where
developers of housing investment and construction projects develop houses for
sale, lease purchase, or lease or transfer land use right in form of land
subdivision to allow buyers to build their own houses; if developers of housing
investment and construction projects are allowed to transfer land use right to
enable individuals to build houses, they shall conform to real estate trading
and land laws; if land use right is auctioned for housing investment and
construction projects in accordance with Land Law, developers of housing
investment and construction projects shall develop houses for sale, lease
purchase, and/or lease.
6. Depending on housing demands and
local conditions, competent authority approving planning shall allocate land
fund for social housing development for people with low income, poor
households, near-poor households in urban areas, employees in economic zones,
industrial parks, export-processing zones, hi-tech zones in accordance with
this Law.
7. In respect of rural areas,
mountainous regions, border areas, and islands, housing development shall
conform to new rural development programs, customs, traditions of ethnicities,
natural conditions of the regions and areas; gradually eliminate shifting
cultivation, develop rural areas in a sustainable development; encourage
housing development in form of projects and multi-storey housing development.
8. Management and use of houses
shall serve the right purposes, occupancy, satisfy fire safety, hygiene,
environmental, social security, order requirements and conform to regulations
on housing dossier management, maintenance, preservation, renovation, and
demolition of houses and other housing management and use regulations.
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Chapter II
HOUSE OWNERSHIP
Section 1. GENERAL REGULATIONS
ON HOUSE OWNERSHIP
Article 6. Right to
accommodation and right to property
1. Individuals have the right to
accommodation via investment, construction, purchase, lease purchase, rent,
gifting, inheritance, capital contribution, ownership change, borrow, lodging,
housing management by authorization and other means as per the law.
2. Organizations and individuals
having legal houses in accordance with Clause 2 Article 8 hereof shall have
ownership of these houses as per the law.
Article 7. Protection of the
right to property
1. The Government recognizes and
protects legitimate right to property of house owners in accordance with this
Law.
2. Houses under legal ownership of
organizations and individuals shall not be nationalized. In case of national
defense and security purposes or for national interest or emergencies or
prevention of natural disasters, the Government shall decide to purchase houses
in advance or clear houses under legal ownership of organizations and
individuals.
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Article 8. Eligible entities and
eligibility for owning houses in Vietnam
1. Entities eligible for owning
houses in Vietnam include:
a) Domestic organizations and
individuals;
b) Overseas Vietnamese in
accordance with nationality laws;
c) Foreign organizations and individuals
in accordance with Clause 1 Article 17 hereof.
2. Eligibility for owning houses in
Vietnam include:
a) Domestic organizations and
individuals may own houses via investment and construction, purchase, lease
purchase, gifting, inheritance, capital contribution, change of ownership,
reception of relocation houses as per the law and other means as per the law;
b) Overseas Vietnamese permitted to
enter Vietnam may own houses associated with residential land use right in
accordance with land laws;
c) Foreign organizations and
individuals may own houses via means under Clause 2 Article 17 hereof.
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Article 9. Recognition of the right
to property
1. Organizations and individuals
eligible and having legitimate houses in accordance with Article 8 hereof shall
be recognized for house ownership via issuance of certificate of land use
right, the right to house and other asset associated to land (hereinafter
referred to as “certificate”), except for public housing.
Houses recognized for ownership
under certificate shall be existing houses. Procedures for issuing certificate
to house owners shall conform to land laws.
2. In case of termed housing
purchase in accordance with Clause 1 Article 165 hereof, the buyers shall be
issued with certificate during the agreed duration of ownership; once the
ownership duration expires, ownership shall be transferred to the sellers in
accordance with agreement; if the sellers do not receive the houses upon expiry
of ownership duration, Article 166 of this Law and other relevant laws shall
apply.
3. Competent authority issuing
certificate shall specify the type and class of houses in accordance with this
Law and construction laws in the certificate; in case of dwelling units,
specify floor area and usable area of dwelling units; in case of houses built
in projects, specify name of housing investment and construction projects
approved or decided on investment guidelines by competent authority.
4. In respect of houses built in
projects to be sold or lease-purchased, certificate shall not be issued to
project developers but to buyers and buyer/tenant unless project developers
wish to obtain the certificate for houses that have not been sold or
lease-purchased; if project developers invest and build houses in order to
lease, project developers may apply for certificate for the houses.
Article 10. Right of house
owners and users
1. House owners that are domestic
organizations, individuals, and overseas Vietnamese have the right to:
a) ensure their right to property
is inviolable;
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c) obtain certificate in regard to
houses under their legitimate ownership in accordance with this law and land
laws;
d) sell, lease purchase, gift,
change ownership, bequeath, mortgage, contribute capital inform of property in
accordance with this Law, land laws, and other relevant law provisions;
transfer property purchase contract, lease, lend, allow lodging, authorize the
right to house management and other rights as per the law; in case of gifting
or bequeathing houses to entities not eligible for owning houses in Vietnam,
these entities shall only benefit from value of the houses.
If Land Law stipulates otherwise
regarding rights of owners of houses associated with land use right that are
overseas Vietnamese, such provisions shall prevail;
dd) share public utilities in the
residential areas in accordance with this Law and other relevant law
provisions.
In case of owners of apartment
buildings, the owners have the right to own, use common property of apartment
buildings and common infrastructures of the apartment buildings, except for structures
built for business purposes or to be transferred to the Government as per the
law or according to property purchase, lease purchase agreements;
e) maintain, renovate, demolish,
and reconstruct houses in accordance with this Law and construction laws;
g) obtain the protection to right
to property in accordance with Article 7 of this Law;
h) complain, denounce, file
lawsuits against violation of legal ownership and other violations regarding
housing laws;
i) exercise other rights as per the
law.
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3. House users that are not owners
may exercise the right in house management and use in accordance with agreement
with the owners.
Article 11. Obligations of house
owners and users
1. House owners that are domestic
organizations, individuals, and overseas Vietnamese have the obligation to:
a) use houses for the right
purposes; produce and store documents on houses under their ownership;
b) implement fire safety, guarantee
hygiene, environment, social order and safety as per the law;
c) comply with regulations and law
upon selling, lease-purchasing, leasing, gifting, transferring ownership,
bequeathing, pledging, lending, allowing lodging, authorizing management, transferring
property purchase contract; in regard to transactions that involve houses that
are marital property, the Law on Marriage and Family shall also apply. In case
of termed property purchase in accordance with Clause 1 Article 165 hereof, houses
shall be returned upon the expiry of purchase term in accordance with Clause 2
Article 9 hereof.
If Land Law stipulates otherwise
regarding obligations of owners of houses associated with land use right that
are overseas Vietnamese, such provisions shall prevail;
d) comply with the law and not
cause harm to Government interests, public interests, legal rights and benefits
of other organizations and individuals during maintenance, renovation,
demolition, reconstruction of houses; in case of termed purchase of houses in
accordance with Clause 1 Article 165 hereof, agreement between the parties
shall also apply;
dd) purchase fire insurance for
houses when fire insurance is required in accordance with fire safety and
insurance laws;
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g) enable relevant parties and
competent individuals to conduct inspection, monitoring, and maintenance of
equipment, technical infrastructures, and area under common property;
h) exercise financial obligations
to the Government upon having right to property recognized, upon conducting
transactions relating to houses, and while using houses as per the law;
i) perform other obligations as per
the law.
2. House owners that are foreign
organizations and individuals shall have obligations under Clause 1 of this
Article and Article 21 hereof; representative of state ownership of public
housing shall have obligations under Clause 1 of this Article and
responsibilities under Article 15 hereof.
3. House users that are not owners
shall exercise obligation to manage and use houses according to agreement with
house owners, this Law, and other relevant law provisions.
Article 12. Date of establishing
property ownership
1. In case of direct housing
investment and construction, the date on which property ownership is
established shall be the date on which house construction is finished in
accordance with construction laws.
2. In case of house purchase or
lease purchase that is not specified under Clause 4 of this Article, the date
on which property ownership is established shall be the date on which the
buyer, the buyer/tenant has settled all payments and received houses unless
otherwise agreed upon by the parties.
3. In case of capital contribution,
gifting, ownership transfer, the date on which property ownership is
established shall be date on which the parties that receive capital
contribution, gift, ownership transfer from the parties that contribute
capital, gift, transfer ownership unless otherwise agreed upon by the parties.
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5. In case of inheritance, the date
on which property ownership is established shall conform to civil laws.
6. In case of other circumstances,
conform to relevant law provisions.
7. Transactions under Clause 2,
Clause 3, and Clause 4 of this Article shall comply with housing transaction
conditions and the contract shall enter into force in accordance with this Law.
Section 2. PUBLIC HOUSING
Article 13. Public housing
1. Public housing includes:
a) Official residence consists of
central government official residence and local government official residence
in accordance with housing laws;
b) Relocation housing invested and
constructed by the Government or residential real estates purchased by the
Government to facilitate relocation in accordance with housing laws which have
not facilitated relocation;
c) Social housing and housing for
people’s armed forces invested and constructed by the Government to accommodate
beneficiaries of housing policies in accordance with housing laws;
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dd) Houses of other ownership
changed into public ownership as per the law and other than cases under Point d
of this Clause.
2. The development, management, and
use of public housing shall conform to this Law or, if this Law does not
stipulate such matter, the Law on Management and Use of Public Property.
Article 14. Ownership
representatives of public housing
1. The Ministry of Construction
shall act as ownership representatives of public housing and social housing
invested using central government budget; dorms for students of public
education institutions affiliated to the Ministry of Construction.
2. The Ministry of National Defense
and Ministry of Public Security shall act as ownership representatives of
public housing, houses for people’s armed forces purchased or invested by the
Ministry of National Defense, Ministry of Public Security, houses for students
in public education institutions under management of the Ministry of National
Defense, Ministry of Public Security. In respect of houses under Point d Clause
1 Article 13 hereof leased and managed by the Ministry of National Defense, the
Ministry of National Defense shall act as ownership representatives unless
these houses are transferred to provincial People’s Committees as per the law.
3. Ministries, ministerial
agencies, Governmental agencies, other central authorities (hereinafter
referred to as “central authorities) shall act as ownership representatives of
public housing and dorms for students of public education institutions under
management of respective authorities.
4. Provincial People‘s Committees
shall act as ownership representatives of houses invested using funding sources
specified in Clause 1 Article 113 hereof and under management of local
government and houses under their management.
Article 15. Responsibilities of
ownership representatives of public housing
1. In respect of public housing
invested using funding sources specified under Point a Clause 1 Article 113 of
this Law, ownership representatives of public housing have the responsibility
to:
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b) select entities managing house
operation and entities maintaining houses;
c) decide on maintenance,
renovation, demolition, reconstruction of houses; approve solutions for
relocation, forceful relocation, compensation, support, relocation, and
temporary residence within their powers;
d) promulgate or decide on rent,
lease purchase price, selling price of houses, grant exemption, reduce rent
and/or purchase price;
dd) decide on transition to
occupancy in accordance with Article 124 hereof;
e) decide on the use of revenues
generated from business operation in areas serving business and service
purposes in relocation housing in order to support maintenance, management, and
operation costs of the houses;
g) decide on repossession and
enforced repossession of houses;
h) exercise other responsibilities
as per the law.
2. In respect of public housing
invested using funding sources under Point b Clause 1 Article 113 hereof,
ownership representatives of public housing shall exercise responsibilities
under Points c, dd, e, g, and h Clause 1 of this Article.
3. Other than Clause 2 of this
Article, ownership representatives of public housing may assign housing
authority to select housing operational management entities, housing
maintenance entities, and decide on housing maintenance. The Ministry of
National Defense and Ministry of Public Security may assign housing authority
to exercise rights under Point a and Point g Clause 1 of this Article.
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Section 3. HOUSE OWNERSHIP IN
VIETNAM OF FOREIGN ORGANIZATIONS, INDIVIDUALS
Article 16. Areas in Vietnam
where foreign organizations, individuals are allowed to own houses
1. Foreign organizations,
individuals are allowed to own houses in house investment and construction
projects in accordance with Article 17 hereof, except projects in areas of
strict national defense and security according to Vietnamese laws.
2. The Ministry of National Defense
and Ministry of Public Security are responsible for notifying areas under
strict national defense and security to enable provincial People’s Committees
to determine and publish lists of housing investment and construction projects
in areas where house ownership of foreign organizations, individuals is allowed
on their website and websites of provincial housing authorities.
Article 17. Foreign
organizations, individuals allowed to own houses and form of house ownership in
Vietnam
1. Foreign organizations,
individuals allowed to own houses in Vietnam include:
a) Foreign-invested business
organizations building houses in projects in Vietnam in accordance with this
Law and relevant law provisions;
b) Business organizations with foreign
investment, branches, representative offices of foreign enterprises, foreign
investment funds, and foreign bank branches (hereinafter referred to as “FBB”)
operating in Vietnam (hereinafter referred to as “foreign organizations”);
c) Foreign individuals allowed to
enter Vietnam.
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a) The implementation of housing
investment and construction projects in Vietnam in respect of organizations
under Point a Clause 1 of this Article;
b) Purchasing, lease-purchasing
residential real estates of developers of housing investment and construction
projects, receiving gift, inheriting residential real estates in housing
investment and construction projects in areas without strict national defense
and security requirements in accordance with Article 16 hereof in respect of
organizations and individuals under Point b and Point c Clause 1 of this
Article;
c) Purchasing, lease-purchasing
houses previously owned by foreign organizations and individuals in accordance
with Point b of this Clause in respect of organizations and individuals under
Point b and Point c Clause 1 of this Article.
Article 18. Eligibility for
foreign organizations, individuals to own houses in Vietnam
1. Foreign-invested business
organizations in accordance with Point a Clause 1 Article 17 hereof must be
developers of housing investment and construction projects in accordance with
this Law and real estate laws.
2. Foreign organizations under
Point b Clause 1 Article 17 hereof must obtain investment certificate or
investment registration certificate or documents relating to permission to
operate or establish in Vietnam effective at the time of signing housing
transactions (hereinafter referred to as “investment certificates”) issued by
Vietnamese competent authority.
3. Foreign individuals under Point
c Clause 1 Article 17 of this Law do not benefit from diplomatic, consular
privileges and immunities as per the law.
Article 19. Number of houses
eligible for ownership by foreign organizations, individuals in Vietnam
1. Foreign organizations and
individuals under Point b and Point c Clause 1 Article 17 hereof may only
purchase, lease purchase, receive gifted, inherit, and own up to 30% of total
dwelling units in an apartment buildings or up to 250 single-family houses
including villas and row houses in an area with population equivalent to that
of a ward.
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3. The Government shall stipulate
areas with strict national defense and security requirements, criteria for
converting to population scale equivalent to that of a ward, number of houses
eligible for ownership by foreign organizations and individuals, extension of
house ownership, and housing management, ownership of foreign organizations,
individuals in Vietnam.
Article 20. Rights of house
owners that are foreign organizations, individuals
1. Foreign-invested business
organizations under Point a Clause 1 Article 17 hereof shall exercise rights
under Article 10 hereof or only the right to lease houses that are built on
rented land.
2. Foreign organizations, individuals
under Point b and Point c Clause 1 Article 17 of this Law shall have ownership
rights similar to those of Vietnamese nationals and comply with requirements
below:
a) They may only purchase,
lease-purchase, receive gifted, inherit, and own houses to the maximum number
stipulated under Article 19 hereof and obtain certificate for these houses;
b) If foreign organizations,
individuals receive or inherit houses that are not specified under Point b
Clause 2 Article 17 hereof or own more than the maximum number of houses under
Article 19 hereof or own houses in areas with strict national defense and
security requirements under Article 16 hereof, they shall only benefit from
value of these houses;
c) Foreign individuals may own
houses in accordance with agreement via purchasing, lease-purchasing, gifting,
inheriting houses for up to 50 years from the date on which the certificate is
issued and request extension once for up to 50 years. Duration of ownership
shall be specified in the certificate.
Foreign individuals marrying
Vietnamese nationals and living in Vietnam may own houses and exercise rights
of house owners similar to those of Vietnamese nationals.
Foreign individuals marrying
overseas Vietnamese permitted to enter Vietnam may own houses and exercise
rights of house owners similar to those of overseas Vietnamese;
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dd) Prior to expiry of time limit
for housing ownership according to this Law, owners may, by themselves or by
authorizing other organizations and individuals, to exercise the right to gift
or sell these houses to entities eligible for housing ownership in Vietnam; if
owners fail to sell or gift houses that they own before the expiry of time
limit for housing ownership, the houses shall be public property.
If parties gifted with or
purchasing houses are entities specified under Point a and Point b Clause 1
Article 8 of this Law, they shall have the rights detailed under Clause 1
Article 10 hereof.
Article 21. Obligations of house
owners that are foreign organizations, individuals
1. Foreign-invested business
organizations under Point a Clause 1 Article 17 hereof shall have obligations
of house owners in accordance with Article 11 hereof.
2. Foreign organizations,
individuals under Point b and Point c Clause 1 Article 17 of this Law shall
have ownership obligations similar to those of Vietnamese nationals and comply
with requirements below:
a) Owners that are foreign
individuals may lease houses for purposes not prohibited by the law as long as
the owners inform housing authority of districts, communes, provincial cities,
central-affiliated cities (hereinafter referred to as “district-level”) in
writing in advance about the lease in accordance with regulations of the
Ministry of Construction and pay tax generated by the lease as per the law.
Foreign individuals marrying Vietnamese
nationals who are living in Vietnam shall have obligations similar to those owners
that are Vietnamese nationals.
Foreign individuals marrying
overseas Vietnamese permitted to enter Vietnam may own houses and exercise
obligations of house owners similar to those of overseas Vietnamese;
b) Owners that are foreign
organizations shall only use their houses to accommodate employees of the
organizations;
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d) If foreign individuals are subject
to removal or deportation or foreign organizations are suspended from operating
in Vietnam by Vietnamese competent authority as a result of violating
Vietnamese law in using houses under their ownership, these houses shall be
processed in accordance with decisions of Vietnamese competent authorities.
Article 22. Cases where foreign
organizations, individuals are not issued with the certificate
1. The following foreign
organizations and individuals shall not be issued with certificate for their
houses and shall only sell or gift these houses to entities eligible for owning
houses in Vietnam:
a) Foreign organizations,
individuals are gifted or inheriting houses that do not fall under the case
described in Point b Clause 2 Article 17 hereof or exceed the maximum number of
houses for ownership in accordance with Article 19 hereof or are located in
areas with strict national defense and security requirements in accordance with
Article 16 hereof;
b) Foreign organizations that do
not operate in Vietnam or foreign individuals not allowed to enter Vietnam are
gifted or inheriting houses in Vietnam.
2. Entities under Point a Clause 1
of this Article may, by themselves or by authorizing other organizations and
individuals, sell or gift houses; entities under Point b Clause 1 of this
Article may authorize other organizations and individuals residing, operating
in Vietnam to sell or gift houses.
3. Entities inheriting houses
including organizations and individuals eligible for house ownership and
ineligible for house ownership in Vietnam, shall discuss the processing of
inherited houses and:
a) allow organizations, individuals
eligible for house ownership in Vietnam to inherit the houses; allow
organizations, individuals ineligible for house ownerships in Vietnam to
benefit from value of the houses corresponding to inheritance value; or
b) gift or sell these houses to
organizations and individuals eligible for house ownership in Vietnam.
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NATIONAL HOUSING DEVELOPMENT STRATEGY, PROVINCIAL
HOUSING DEVELOPMENT PROGRAMS AND PLANS
Section 1. NATIONAL HOUSING
DEVELOPMENT STRATEGY
Article 23. Basis for developing
National housing development strategy
1. National socio-economic
development strategy; national general planning.
2. National socio-economic
development conditions.
3. Results of previous National
housing development strategy; housing conditions.
4. Requirements regarding housing
development for entities during development of National housing development
strategy.
Article 24. Details of National
housing development strategy
National housing development
strategy consists primarily of:
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2. Housing development objectives
which include:
a) General objectives in order to
satisfy housing demands of entities, ensure sustainable and transparent real
estate market development;
b) Specific objectives including:
developing housing area; improving housing quality; developing residential real
estates, social housing, houses for people’s armed forces, official housing,
relocation housing, housing under national target programs, public investment
programs regarding housing; private houses; renovation and reconstruction of
apartment buildings; objectives in vision of National housing development
strategy including total housing area, total social housing area, houses for
additional people’s armed forces, housing quality;
3. Tasks and solutions for
executing National housing development strategy, including: land fund planning
and development; housing development and management in accordance with programs
and plans; funding sources and tax, administrative procedure and investment
procedure reform; development of real estate market and other tasks, solutions;
4. Responsibilities of ministries,
ministerial agencies, provincial People’s Committees, relevant agencies,
organizations in implementation of the National housing development strategy.
Article 25. Period of National
housing development strategy and entitlement to approve National housing
development strategy
1. A National housing development
strategy shall last 10 years and contain vision appropriate to National
socio-economic development strategy. National housing development strategy
shall be approved in the first year of the Strategy.
2. The Ministry of Construction
shall take charge and cooperate with ministries, ministerial agencies, relevant
agencies and organizations in developing National housing development strategy
and submitting to the Prime Minister.
3. Basic indicators regarding
housing development in the National housing development including average house
area per capita, housing quality in urban areas, rural areas, and nationwide
shall be incorporated in national socio-economic development tasks from time to
time.
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Section 2. PROVINCIAL HOUSING
DEVELOPMENT PROGRAMS AND PLANS
Article 26. Basis for
development and period of provincial housing development programs and plans
1. Basis for developing provincial
housing program includes:
a) National housing development
strategy;
b) Land use planning, construction
planning, urban planning;
c) Local socio-economic development
conditions; results of previous provincial housing development programs;
housing conditions; housing demands during development of provincial housing
development programs.
2. Basis for developing provincial
housing development plans includes:
a) Provincial housing development programs;
b) Local socio-economic development
plans;
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3. Depending on local conditions,
provincial People's Committees may develop and approve separate plans for
development of social housing, relocation housing, renovation and
reconstruction of apartment buildings.
4. Period of provincial housing
development programs and plans shall be determined as follows:
a) A provincial housing development
program shall last 10 years corresponding to National housing development
strategy;
b) A provincial housing development
plan shall last 5 years where the first period of provincial housing
development programs is determined by the first period of provincial housing
development programs.
Article 27. Details of
provincial housing development programs and plans
1. Provincial housing development
programs include:
a) Assessment of current conditions
of floor area and quality of single-family houses, apartment buildings; current
conditions of types of house developed in projects, houses in national target
programs, public investment programs regarding houses, houses built by
individuals; current conditions of residential real estate market;
b) Analysis and evaluation of
attained results, difficulties, drawbacks, complaints, and causes in
implementation of previous provincial housing development periods;
c) Forecast for land area for
development of social housing, relocation housing, official housing, renovation
and reconstruction of apartment buildings. Forecast for additional floor area
demand in provinces and central-affiliated cities during the period of
provincial housing development programs, which identify demands for housing
area of each beneficiary group of social housing support policies and each type
of houses developed in projects;
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dd) Housing development direction
during program periods, including average housing area per capita in urban areas,
rural areas in provinces and central-affiliated cities; minimum floor area;
expected floor area completed and brought into use within the program period;
house quality in urban areas and rural areas;
e) Demands for state budget and
other funding sources for housing development;
g) Solutions for executing the
program, including solutions regarding planning, land fund, funding sources,
tax, administrative procedure and investment procedure reform, and other
solutions;
h) Areas expected for housing
development by district level;
i) Responsibilities of People’s
Committees of all levels and local authorities in implementation of provincial
housing development programs.
2. Provincial housing development
plans include:
a) Indicators regarding average
housing area per capita, finished and useable floor area of houses developed in
projects, houses in national target programs, public investment programs for
housing;
b) Indicators regarding house
quality in urban areas and rural areas in provinces and central-affiliated
cities;
e) Demands for state budget and
other funding sources for housing development;
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dd) Responsibilities of People’s
Committees of all levels and local authorities in implementing provincial
housing development plans.
Article 28. Revision to
provincial housing development programs and plans
1. Revision to provincial housing
development programs shall be conducted upon changes to any of the details
specified under Points c, d, dd, or h Clause 1 Article 27 hereof as a result of
revision to provincial planning or approval of provincial planning in new
stages or establishment, dissolution, merger, acquisition, division, or
adjustment to boundaries of provincial administrative divisions.
2. Revised provincial housing
development programs shall contain:
a) Necessity for program revision;
b) Revision contents; funding
sources for implementation;
c) Solutions for executing the
revision;
d) Responsibilities of People’s
Committees of all levels and local authorities in implementation of revised
programs.
3. Revision to provincial housing
development plans of provinces shall be implemented when:
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d) Revision is made to details
relating to houses in provincial socio-economic development plans;
c) The case of Clause 4 Article 65
hereof occurs if apartment building renovation, reconstruction plans are
developed and approved together with provincial housing development plans.
4. Revised provincial housing
development plans shall indicate:
a) Purpose and requirements of
revision;
b) Revision contents; funding
sources for implementation;
c) Solutions for executing the
revision;
d) Responsibilities of People’s
Committees of all levels and local authorities in implementing revision plans.
5. When revising provincial housing
development programs and plans, provincial People’s Committees shall retain the
approved programs and plans.
Article 29. Development and
approval of provincial housing development programs and plans
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a) Provincial People’s Committees
shall organize development of provincial housing development programs and
request provincial People’s Councils to approve. When provincial People's
Councils have granted approval, provincial People’s Committees shall approve
and implement provincial housing development programs;
b) On the basis of approved
provincial housing development programs, provincial People’s Committees shall
develop, approve, and implement provincial housing development plans; if the
plans utilize budget sources for housing development, the housing development
plans shall also conform to medium-term approved public investment plans.
2. Upon approving provincial housing
development programs and plans, provincial People's Committees shall publicize
these programs and plans on their websites, local mass media, and send to
provincial housing authorities to be published on website of housing
authorities and submission to Ministry of Construction.
3. The Government shall elaborate
details, procedures for developing, approving, revising, expenditure on
developing, revising provincial housing development plans and programs;
conformity of construction investment projects to provincial housing
development plans and programs when evaluating investment guidelines.
Chapter IV
HOUSING DEVELOPMENT
Section 1. GENERAL PROVISIONS
Article 30. Means of housing
development
1. Housing development in housing
investment and development projects including:
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b) Investment and construction
projects for 1 mixed-use house or 1 mixed-use housing complex;
c) Investment and construction
projects for housing to synchronize housing construction with construction of
technical infrastructures, social infrastructures, and other structures serving
residential purposes;
d) Investment and construction
projects for infrastructures of housing complex for transferring land use right
to individuals for house construction;
dd) Investment and construction
projects of urban areas with houses;
e) Multi-purpose land use projects
reserving project land for house construction.
2. Housing development individuals
in accordance with Section 5 of this Chapter.
Article 31. Type of houses
developed in housing investment and construction projects and standard housing area
1. Houses established by housing
investment and construction projects include:
a) Social housing development;
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c) Development of official housing;
d) Developing for relocation homes;
dd) Renovation and reconstruction
of apartment building.
e) Development of mixed-use houses
under this Clause in accordance with this L:aw.
2. Houses shall be designed and
built in accordance with this Law and construction standards, regulations;
apartment dwelling units shall be designed and built in a closed structure
where dwelling unit floor area is not lower than area stipulated under national
technical regulations on apartment buildings; house construction in rural areas
shall also conform to customs, traditions, and architecture of each region,
zone and include auxiliary structures serving residential and manufacturing
demands of families and individuals.
Article 32. Land fund for
housing development
1. Land area for housing development
shall be determined in urban planning, construction planning of industrial
parks, construction planning for higher education institutions, other
construction planning in accordance with planning laws, urban planning laws,
construction laws, and other relevant law provisions.
2. Allocation of land for housing
development shall conform to land use planning, land use plan, land requirement
for housing development in approved provincial housing development programs and
plans, and conform to this Law and land laws.
3. Allocation of land for
residential real estate, official housing, relocation housing development shall
conform to Clause 1 and Clause 2 of this Article, Sections 2, 3, and 4 of this
Chapter.
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Article 33. Requirements of
housing investment and construction projects
1. Housing investment and
construction projects under Clause 1 Article 30 of this Law shall satisfy general
requirements below:
a) Conform to approved provincial
housing development programs and plans, comply with decided or approved
investment guidelines, and satisfy requirements under Article 5 of this Law;
implement in accordance with approved detail planning;
b) Sub-division into component
projects (if any) and investment phases shall be determined in investment
guidelines, construction feasibility study, decisions on investment and
construction in accordance with investment laws, public investment laws, and
construction laws;
c) Housing investment and
construction projects and areas therein shall be named in Vietnamese;
investment and construction projects for social housing, housing for people’s
armed forces, relocation housing shall be named in Vietnamese by project
developers; if developers of investment and construction projects for
residential real estates, renovation and reconstruction of apartment buildings
may name the projects in Vietnamese followed by the project name in foreign
language. Name of projects and name of areas in projects shall be specified in
investment guidelines or details of approved projects and used throughout
investment, management, use process;
d) Details of approved projects
shall be adequately implemented by developers of housing investment and
construction projects; in case of revision to project details which leads to
revision to investment guidelines, developers of housing investment and
construction projects shall adopt procedures for revision to investment guidelines
as per the law before revising project details;
dd) Commissioning and hand-over of
houses, technical infrastructures, social infrastructures together with projects
shall conform to this Law, construction laws, other relevant law provisions;
ensure quality and safety in construction, operation, use, fire safety, and
environmental protection. Requirements regarding natural disaster preparedness,
prevention, and climate change adaptation shall also be met in areas prone to
climate change;
e) Housing investment and
construction projects that apply energy efficient technology, resource
efficient technology, green structures, or smart cities shall be subject to
respective requirements, standards, and technical regulations as per the law;
apartment buildings shall also be fitted with telecommunication and
communication infrastructures as per the law.
2. Investment and construction
projects for mixed-use houses under Point b Clause 1 Article 30 hereof shall
fulfill requirements under Clause 1 of this Article and requirements below:
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b) Approved project details shall
define whether or not areas of different functions are physically separated; if
areas of different functions are separated, equipment and system for use in
each area shall be designed and installed in a manner that is physically
separated from equipment and system for use in the entire mixed-use structures
in order to ensure management requirements during use;
c) Ensure consistency between
technical infrastructures, social infrastructures inside and outside of
projects.
3. Housing investment and construction
projects under Points c, d, dd, and e Clause 1 Article 30 of this Law shall
fulfill requirements under Clause 1 of this Article and requirements below:
a) Adequate technical
infrastructures and social infrastructures satisfying planning criteria in
accordance with planning laws shall be required and connected to general
technical infrastructures of the area;
b) Responsibilities for investment,
construction, management, and use of technical infrastructure and social
infrastructures of projects shall be defined in investment guidelines in
accordance with investment laws, public investment laws, and construction laws;
c) If land use right is transferred
to enable individuals to build houses in accordance with this Law and other
relevant law provisions, details of approved projects shall define areas and
locations for housing investment and construction, areas and locations subject
to land use right transfer where individuals build houses, or whether the
entire projects are subject to land use right transfer for house construction
by individuals.
4. In addition to requirements
under Clauses 1, 2, and 3 of this Article, housing investment and construction
projects shall also satisfy requirements respective to the type of housing
investment and construction projects under Articles 49, 53, 60, 81, 95, and 105
of this Law and other relevant law provisions.
5. List of on-going housing
investment and construction projects in provinces and central-affiliated cities
shall be public on website of provincial People’s Committees and provincial
housing authorities.
Article 34. Phases of housing
investment and construction projects
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2. The Government shall elaborate
Clause 1 of this Article.
Article 35. Project developers
and eligibility of project developers of housing investment and construction
projects
1. Developers of housing investment
and construction projects include:
a) Cooperative enterprises, joint
cooperatives, foreign-invested business organizations established and operating
under Vietnamese laws, engaging in real estate trading (hereinafter referred to
as “real estate enterprises”), and satisfy requirements under Clause 2 of this
Article;
b) Organizations investing and
building houses using funding sources under Clause 5 Article 112, Clause 1
Article 113 of this Law and satisfy requirements under Clause 3 of this
Article.
2. In respect of cases under Point
a Clause 1 of this Article, developers of housing investment and construction
projects shall:
a) have equity in accordance with
real estate trading laws for implementation of each housing investment and construction
law; and
b) obtain land use right for each
type of housing investment and construction law in accordance with this Law or
be assigned with land or leased land in accordance with Land Law; and
c) have sufficient capacity and
experience in executing housing investment and construction projects as per the
law.
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4. Depending on type of housing
investment and construction project, selection of project developers shall
conform to Clauses 1, 2, and 3 of this Article and other relevant law
provisions.
Section 2. RESIDENTIAL REAL
ESTATE DEVELOPMENT IN PROJECTS
Article 36. Developers of
residential real estate development projects
1. Developers of residential real
estate development projects shall be real estate enterprises satisfying
requirements under Points a and c Clause 2 Article 35 of this Law and falling
under any of the cases mentioned in Clause 2 or Clause 3 of this Article.
2. Real estate enterprises assigned
with land or leasing land as a result of winning land use right auction or
winning bid for selection of contractors for projects that involve land use; or
otherwise accepted as investors when organizing auction, bidding in accordance
with investment laws.
3. Real estate enterprises having
approved investment guidelines and accepted as developers of residential real
estate development projects when the investors obtain land use right via
agreement on acceptance of land use right in regard to type of land on which
residential real estate investment and construction projects are allowed or are
having land use right in regard to type of land on which residential real
estate investment and construction projects are allowed according to Land Law.
Article 37. Execution of
residential real estate investment and construction projects
1. Execution of residential real
estate investment and construction projects shall conform to this Law,
construction laws, and other relevant law provisions.
2. Developers of housing investment
and construction projects shall build houses and technical infrastructures,
social infrastructures according to planning and details, progress of approved
projects; or carry out construction work corresponding ton approved investment
phase if projects involve multiple investment phases.
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4. The hand-over of houses to
buyers, buyer/tenant shall only be done when house commissioning in accordance
with approved design and technical infrastructure commissioning of the area
have been carried out in accordance with approved project schedule. If
developers of housing investment and construction projects are required to
build social infrastructures to serve accommodation demands according to
investment guidelines, they shall complete construction process and carry out
commissioning in accordance with approved schedule prior to handing over the
houses. In case of hand-over of partially constructed houses, the entire
exterior of these houses shall be completed.
In case of hand-over of apartment
buildings, project developers shall obtain adequate documents on property
handover according to regulations of the Government.
5. Commissioning of houses,
technical infrastructures, and social infrastructures in projects shall conform
to construction laws.
Article 38. Rights of developers
of residential real estate development projects
1. Require relevant agencies, organizations
to adopt procedures as per the law during approval of investment guidelines,
production, approval, and implementation of the projects.
2. Sell, lease sell, lease houses;
mobilize capital, collect sale, lease sale, lease payment in accordance with
this Law, real estate trading laws, and signed contracts.
3. Exercise rights of individuals
using land and selling products in projects according to approved investment
guidelines and approved project details.
4. Transfer, in part or in whole,
projects in accordance with real estate trading laws, land laws, investment
laws.
5. Manage and operate technical
infrastructures, social infrastructures within the projects without having to
transfer to the Government according to investment guidelines and approved
project details.
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7. Benefit from incentive policies
of the Government during project implementation as per the law.
8. Exercise other rights as per the
law.
Article 39. Obligations of
developers of residential real estate development projects
1. Produce, approve, and implement
projects in accordance with approved investment guidelines, approved project,
this Law, construction laws, and other relevant law provisions.
2. Deposit or obtain bank guarantee
regarding deposit obligations for project execution in accordance with
investment laws; incur housing transaction insurance premiums in accordance
with real estate trading laws; ensure financial capability for project
execution as per the law.
3. Build houses and technical
infrastructures, social infrastructures in projects in accordance with detail
planning, approved investment guidelines, comply with design and area standards
applicable to social housing and approved projects.
4. If developers are eligible for transferring
land use right to allow individuals to build houses in accordance with this
Law, project developers shall only transfer land use right after finishing and
commissioning technical infrastructures in accordance with construction laws
and real estate trading laws in respect of the areas where the transfer occurs.
5. Produce reports on
implementation and implementation results of projects on a periodic basis and
at the end of projects in accordance with housing laws and real estate trading
laws.
6. Sign contracts and documents
relating to capital mobilization for implementation of housing investment and
construction projects in accordance with this Law, real estate trading laws,
and other relevant law provisions. Do not authorize or assign parties
participating in investment, joint venture, consortium, cooperation, capital
contribution, or other organizations and individuals to sign contracts for
property lease, lease purchase, purchase, deposits for housing transaction or
trading of land use right in projects.
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8. Within 50 days from the date on
which houses are handed over to buyers or from the date on which buyer/tenant
has settled all payments, request competent authority in writing to issue
certificate to buyers, buyer/tenant unless the buyers, buyer/tenant apply for
certificate by themselves.
9. Provide house insurance in
accordance with this Law and construction laws; implement financial obligations
to the Government as per the law.
10. Comply with legally effective
decisions of competent authority regarding penalties for violations in housing
development, capital mobilization, and advance of customers, implement housing
transactions and other activities stipulated under this Law.
11. Incur damages in case of damage
done to customers or organizations, individuals engaging in housing investment
and construction.
12. Fulfill obligations under
Clause 2 and Clause 3 Article 83 of this Law.
13. Perform other obligations as
per the law.
Section 3. OFFICIAL HOUSING
DEVELOPMENT
Article 40. Land for official
housing construction
1. Land area for official housing
construction shall be specifically determined in approved construction
planning.
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3. In respect of official housing
for entities affiliated to people’s armed forces according to this Law, the
Ministry of National Defense and Ministry of Public Security shall take charge,
cooperate with Ministry of Construction and provincial People’s Committees where
official housing entities affiliated to people’s armed forces are built.
4. In respect of local official
housing, provincial People’s Committees are responsible for allocating land for
official housing construction when producing and approving planning as per the
law.
5. The Government shall not collect
land levy of land area on which official housing is built in accordance with
this Article.
Article 41. Official housing
development means and plan
1. The Government shall invest
using budget, including central government budget and local government budget
in construction of official housing and purchase, leasing of residential real
estate as official housing.
2. Central authorities shall verify
official housing demand and details under Points a, b, and c Clause 5 of this
Article of their agencies or fields and send to the Ministry of Construction
for appraisal, development, and submission of 5-year official housing development
plans of central authorities to the Prime Minister for approval except for
Clause 3 of his Article.
3. The Ministry of National Defense
and Ministry of Public Security shall take charge and cooperate with Ministry
of Construction in developing 5-year official housing development plan for
entities within people's armed forces in accordance with this Law and
submitting to the Prime Minister.
4. Provincial People’s Committees
shall produce and approve official housing development under Clause 5 of this
Article for entities eligible for renting local official housing in provincial
housing development plans under this Law.
5. Primary contents of official
housing development plans under this Article include:
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b) Land area demand for official
housing construction;
c) Type and quantity of each
housing type, total floor area requiring construction or purchase, renting from
residential real estate as official housing during plan duration;
d) Expected capital for investment
and construction of official housing, purchase, renting of residential real
estates as official housing in 5 years;
dd) Responsibilities of presiding
entities, relevant ministries, central departments, and local governments.
6. Official housing plans and
contents serve as the basis for producing investment estimates of official
housing construction, purchase, leasing of residential real estates as official
housing.
Article 42. Decision on
investment guidelines, decision on investment, and decision on developers of
official housing investment and construction projects
1. Decision on investment
guidelines of official housing investment and construction projects shall be
implemented as follows:
a) The Prime Minister shall decide
on investment guidelines of official housing investment and construction
projects at request of the Ministry of Construction in order to enable entities
of central authorities to rent except for Point b of this Clause;
b) The Minister of National Defense
and Minister of Public Security shall decide on investment guidelines of
official housing investment and construction projects after reaching agreement
with the Ministry of Construction to lease to entities of people’s armed
forces;
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2. In respect of Points a and b
Clause 1 of this Article, competent individuals entitled to decide on
investment guidelines shall decide on investment and decide on developers of
official housing investment and construction projects. In respect of Point c
Clause 1 of this Article, Chairpersons of provincial People’s Committees shall
decide on investment and decide on developers of official housing investment
and construction projects.
3. The Government shall elaborate
this Article.
Article 43. Purchase and renting
of residential real estates as official housing
1. In case of insufficient official
housing fund to accommodate entities eligible for rent in the area with
residential real estates built by projects, satisfying quality according to
construction laws, and qualifying for type and standards area of official
housing, competent authorities under Article 14 hereof may purchase and/or rent
these residential real estates as official housing.
2. Prior to producing projects for
purchasing residential real estates as official housing, competent authorities
shall decide on investment guidelines as follows:
a) The Ministry of Construction
shall request the Prime Minister to decide on investment guidelines of projects
for purchasing residential real estates to lease to entities under Points a, e,
and g Clause 1 Article 45 hereof, entities of central authorities under Point b
Clause 1 Article 45 hereof;
b) The Ministry of National Defense
and Ministry of Public Security shall request the Prime Minister to decide on
investment guidelines of projects for purchasing residential real estates to
lease to entities under Point d Clause 1 Article 45 hereof;
c) Provincial People’s Councils
shall decide on investment guidelines or assign provincial People’s Committees
to decide on investment guidelines of projects for purchasing residential real
estates to lease to entities under Points c and dd Clause 1 Article 45 hereof
and local entities under Point b Clause 1 Article 45 hereof.
3. When competent authorities have
decided on investment guidelines, projects for purchasing residential real
estates as official housing shall be implemented as follows:
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b) In respect of projects for
purchasing residential real estates to lease to entities of people’s armed
forces, the Minister of National Defense, and Minister of Public Security shall
decide on investment after reaching an agreement with the Ministry of
Construction;
c) In respect of projects for
purchasing residential real estates to lease to local entities, provincial
housing authorities shall request Chairpersons of provincial People’s
Committees to decide on investment;
d) Primary contents of projects for
purchasing residential real estates as official housing under this Clause
include position, location, type of house, quantity of house, useable area of
each type of house, price, relevant costs, fundings for house purchase, payment
methods, agencies signing property purchase contracts, project schedule, agencies
responsible for housing management following purchase, responsibilities of relevant
agencies in project execution;
dd) Purchase price of residential
real estates for use as official housing shall decided by individuals deciding
on investment on the basis of consulting housing market price and price
evaluation results of entities conducting evaluation at the time of purchase.
4. The renting of residential real
estates as official housing is regulated as follows:
a) In respect of renting to lease
to entities of central authorities, the Ministry of Construction shall request
the Prime Minister to review and decide; the Ministry of Construction shall
directly sign lease agreements with property owners in order to accommodate
entities eligible for renting official housing;
b) In respect of leasing houses to
entities of people’s armed forces, the Ministry of National Defense and
Ministry of Public Security shall request the Prime Minister to review and
decide; the Ministry of National Defense and Ministry of Public Security shall
directly sign lease agreements with property owners in order to accommodate
entities eligible for renting official housing;
c) In respect of leasing houses to
local entities, provincial housing authorities shall request provincial
People's Committees to review and decide; provincial housing authorities shall
then directly sign lease agreements with property owners in order to
accommodate entities eligible for renting official housing;
d) Primary contents of reports
proposing renting of residential real estates as official housing in this
Clause include position, location, type of house, quantity of houses, useable
area of each type of house, rent, rent duration, relevant costs, funding
sources for rent, agencies responsible for settling rent, agencies signing
lease agreements and managing property during rent.
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Article 44. Type and area
standards of official housing
1. Official housing includes
villas, row houses, and dwelling units of varying area standards appropriate to
each group of entities eligible for renting official housing in accordance with
this Law.
2. Area and interior standards of
official housing shall be stipulated by the Prime Minister and adjusted from
time to time at request of Ministry of Construction.
Article 45. Eligible entities
and eligibility for renting official housing
1. Entities eligible for renting
official housing include:
a) Figureheads of the Communist
Party, the Government staying at official housing while holding position;
b) Officials and public officials
in agencies affiliated to the Communist Party, the Government, socio-political organizations
that do not fall under Point a of this Clause mobilized, reassigned, seconded
from local government to central authority to hold position from vice heads of
Governmental agencies and equivalent or higher; mobilized, reassigned, seconded
from central agencies to local governments or between local governments to hold
positions of Vice Chairpersons of People's Committees of districts, Vice
Directors of Provincial Departments or equivalent or higher;
c) Officials, public officials, and
public employees affiliated to agencies of Communist Party, the Government,
socio-political organizations that do not fall under Point a and Point b of
this Clause mobilized, reassigned, seconded to work in communes of rural areas,
remote areas, areas with extremely disadvantaged socio-economic conditions,
border areas, and islands;
d) Officers, non-commissioned
officers, and servicemen in people’s armed forces mobilized, reassigned,
seconded for national defense and security purposes; police officers, public
officials, employees, public employees working in national defense, individuals
engaging in cryptography, individuals working in the field of cryptography
receiving salaries from state budget and affiliated to people’s armed forces
mobilized, reassigned, seconded to work in communes of rural areas, remote
areas, areas with extremely disadvantaged socio-economic conditions, border
areas, and islands; unless entities under this Point are mandated by the law to
stay in camps of people’s armed forces;
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e) Scientists assigned to take
charge of national-level science and technology tasks of special importance in
accordance with the Law on Science and Technology; talents making important
contributions to Vietnam recognized by competent authority as per the law;
g) Depending on practical
situations, the Prime Minister shall decide entities that do not fall under
Points a, b, c, d, dd, and e of this Clause shall be provided with official
housing at request of Ministry of Construction on the basis of propositions of
ministries, agencies, central organizations, provincial People’s Committees.
2. Eligibility to rent official
housing:
a) Eligible entities under Point a
Clause 1 of this Article whom shall be provided with official housing depending
on security demands;
b) Entities under Points b, c, d,
dd, e, and g Clause 1 of this Article who have not owned houses and have not
been able to purchase, lease purchase, or rent social housing in locales where
they conduct business trips at or have owned houses in locales where they
conduct business trips while their average house area per capita is lower than
minimum house area.
The Government shall elaborate this
Point.
Article 46. Principles for
evaluating rent of official housing
1. Adequately calculate costs
necessary for operation management, operation, maintenance, leasing management
during use of official housing.
2. Do not include land levy for
construction of official housing, depreciations of official housing investment
and construction funding or purchase cost of residential real estates serving
as official housing.
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4. If residential real estates are
rented to serve as official housing, individuals renting official housing shall
pay rent for official housing at a lower price than rent of residential real
estates.
5. The Government shall elaborate
determination of rent of official housing and procedures for renting official
housing.
Article 47. Rights and
obligations of official housing tenants
1. Official housing tenants have
the right to:
a) receive house and accompanying
equipment according to lease agreement;
b) accommodate themselves and their
family members during period in which they hold positions or conduct business
trips;
c) request housing operation and
management entities to promptly repair damage that is not caused by the
tenants;
d) renew official housing lease
agreements at the end of rent period if they remain eligible and satisfy all
eligibility in accordance with Article 45 hereof;
dd) exercise other housing rights
according to regulations and official housing lease agreements.
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a) use official housing for
residential and daily activities of themselves and their family members during
rent duration;
b) preserve official housing and
accompanying equipment; refrain from renovating, repairing, demolishing
official housing without permission; comply with regulations on management and
use of dwelling units in case official housing is facilitated by apartment
dwelling units;
c) refrain from subletting,
lending, or authorizing management of official housing;
d) pay rent in accordance with lease
agreements signed with leasing parties and settle other service fees regulated
by service providers;
dd) return houses to agencies and
organizations managing official housing within 90 days from the date on which
the tenants retire according to retirement decision or are reassigned to other
areas according to reassignment decision or are no longer entities eligible for
renting official housing or no longer eligible according to Article 45 hereof. If
tenants fail to return the property within the time limit under this Point,
competent authorities leasing official housing shall issue decision on
repossession and enforced repossession of official housing in accordance with
Clause 2 Article 127 hereof. The repossession and enforced repossession of
official housing shall be publicly notified on mass media;
e) while returning official
housing, tenants shall transfer houses and accompanying houses according to lease
agreements;
g) perform other obligations
relating to housing in accordance with regulations and lease agreements.
Section 4. RELOCATION HOUSING
DEVELOPMENT
Article 48. Relocation housing
allocation
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a) Construction of houses in
projects to be sold, lease-purchased, or leased to relocating individuals;
b) Order placement or purchase of
residential real estates built in projects to be sold, lease-purchased, leased
to relocating individuals;
c) Enabling of relocation
individuals to purchase, lease-purchase, rent social housing built in projects;
d) Reimbursement of purchase, lease
purchase, rent payments of relocating individuals;
dd) Assignment of relocation housing
for individuals in apartment building renovation and reconstruction projects
according to Chapter V hereof;
e) Relocation assignment as per
land laws.
2. The Government shall stipulate
eligible entities, eligibility for relocation housing; procedures for
purchasing, lease-purchasing, renting relocation housing.
Article 49. Rules of developing
relocation housing
1. Housing assignment for
relocation in a situation where relocating individuals move to different
residences shall be implemented prior to repossession, clearance of property
unless relocating individuals voluntarily hand over their houses prior to being
assigned with relocation housing in a manner that guarantees openness,
transparency, incorporates interests of the Government, individuals whose
houses are subject to repossession and clearance, and investors as per the law;
conditions of relocation housing shall be equal to or higher than those of
houses subject to repossession and clearance.
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If relocation is implemented via
purchase or lease purchase of social housing, social housing shall be
prioritized for relocating individuals.
3. If house clearance serves
construction of other structures according to approved planning in areas not
specified in Clause 2 of this Article, depending on local conditions and
demands of relocating individuals, relocation shall be implemented in any of
the means detailed under Clause 1 Article 48 hereof.
4. If house clearance serves
residential real estate or social housing investment and construction projects
where relocating individuals wish to relocate at current location, developers
of housing investment and construction projects shall situate residential real
estates or social housing in the project sites to accommodate relocation.
5. In respect of apartment building
demolition to serve apartment building, apartment complex renovation and
reconstruction projects (hereinafter referred to as “apartment building renovation
and reconstruction projects”), compensation, assistance, and relocation shall
conform to Chapter V hereof.
6. If relocation is accommodated by
houses built in projects, such projects shall be produced and approved
separately and not incorporated with projects consisting of residential real
estates, official housing, social housing, except for apartment building
renovation and reconstruction projects; in respect of rural areas, relocation
housing investment and construction projects shall also include land fund
allocation for production demand of individuals subject to relocation.
7. If relocating individuals are
eligible for compensation in form of land use right, land laws shall be
complied with.
Article 50. Land fund for
relocation housing investment and construction projects
1. Allocation of land area for
relocation housing investment and construction projects shall conform to
Article 32 hereof and land laws.
2. Land fund for relocation housing
investment and construction projects shall be identified in zoning planning or
detail construction planning at a scale of 1/500 and compliant with principles
under Article 49 hereof.
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Article 51. Developers of
relocation housing investment and construction projects
1. Developers of relocation housing
investment and construction projects include Management boards of
field-specific projects affiliated to provincial People’s Committees,
provincial land fund development organizations, provincial housing authorities,
People's Committees of districts, or real estate trading enterprises. Except
for cases under Clause 4 of this Article, decision on developers of relocation housing
investment and construction projects shall conform to Clause 2 and Clause 3 of
this Article.
2. In respect of relocation housing
investment and construction projects that utilize public investment, provincial
housing authorities shall propose any of the entities in Clause 1 of this
Article as developers of housing investment and construction projects, except
for real estate trading enterprises and submit reports on developers of housing
investment and construction projects to provincial People’s Committees.
3. In respect of relocation housing
investment and construction projects that do not utilize funding sources in
Clause 2 of this Article, the entitlement to decide on developers of housing
investment and construction projects shall be:
a) decided by the Prime Minister or
decided by the Minister of Construction via authorization for relocation
housing in projects of national importance;
b) decided by provincial People’s
Committees in case relocation housing construction projects do not fall under
Point a of this Clause, except for Point c of this Clause;
c) If the law mandates bidding to
select investors as developers of housing investment and construction projects,
such law shall prevail.
4. If apartment buildings are
subject to clearance or demolition for reconstruction, selection of developers
of housing investment and construction projects shall conform to Article 68
hereof.
Article 52. Order placement,
purchase of residential real estates, allocation of social housing for
relocation
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a) If entities assigned to arrange
relocation sign residential real estate purchase agreement with developers of
housing investment and construction projects, relocating individuals shall
directly sign purchase, lease purchase, rent agreements with entities assigned
to arrange relocation and receive house from these entities;
b) If entities assigned to arrange
relocation sign housing commissioning contracts with developers of housing
investment and construction projects, relocating individuals shall directly
sign property purchase agreement with developers of housing investment and
construction projects on the basis of terms and contents of the housing
commissioning contracts.
Provincial People’s Committees shall
verify the number of commissioned houses appropriate to relocation demands in
their provinces and cities. Relocating individuals are responsible for
receiving houses in accordance with residential real estate purchase
agreements;
c) Developers of housing investment
and construction projects are responsible for requesting competent state
authorities to issue certificate to relocating individuals who purchase,
lease-purchase houses under Points a and b of this Clause unless said
individuals voluntarily apply for the certificate.
2. In respect of assignment of
social housing for relocation, entities assigned to arrange relocation shall
introduce relocating individuals to local social housing fund to enable the
individuals to sign social housing lease, lease purchase, purchase agreements
in accordance with this Law.
3. The Government shall elaborate
commissioning, purchase of residential real estate, allocation of social
housing as relocation housing, procedures for property hand-over, management
and use of relocation housing.
Article 53. Requirements of
relocation housing
1. Relocation housing shall satisfy
design, standard, construction regulation requirements in accordance with
construction laws.
2. In case of housing investment
and construction in projects to facilitate relocation, requirements of housing
investment and construction projects under Article 33 hereof shall be complied
with. Developers of housing investment projects are not allowed to alter
design, area of houses and auxiliary structures (if any) serving relocation
after relocation solutions have been approved.
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4. The following organizations and
individuals are responsible for quality of relocation housing:
a) Developers of relocation housing
investment and construction projects;
b) Developers of housing investment
and construction projects for houses serving relocation;
c) Organizations and individuals
relevant to construction of relocation housing as per the law.
5. Provincial housing authorities
are responsible for guiding and inspecting relocation housing quality control
in their provinces and cities.
Section 5. PRIVATE HOUSING
DEVELOPMENT
Article 54. Requirements of
private housing development
1. Conform to construction planning
and construction laws.
2. House construction shall connect
to general technical infrastructures of the area, satisfy hygiene,
environmental, architectural, scenery requirements, not violate legitimate
rights and benefits of owners, holders of other rights of adjacent structures. House
construction and renovation shall incorporate preserving traditional house
structures, conform to traditions, customs, production conditions of each area,
region, zone, retain natural scenery, historical and cultural heritages. House
construction in projects shall conform to approved detail construction planning
of the projects.
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4. Provincial People’s Committees
shall review, provide support from local government budget, in part or in
whole, in accordance with regulations on state budget to enable individuals to
preserve, maintain, and renovate houses in areas where artistic, cultural,
historical preservation is required.
Article 55. Means of private
housing development
1. Individuals in rural areas shall
build houses in any of the means below:
a) Building or hiring other
organizations, individuals to build or receiving assistance from other
organizations and individuals in building houses;
b) Hiring entities, individuals
capable in construction to build houses if construction laws require capable
entities, individuals to carry out construction work;
c) Cooperating and assisting each
other in building houses.
2. Individuals in urban areas shall
build houses in accordance with Point a and Point b Clause 1 of this Article
and:
a) Cooperating in renovating and
improving urban areas including houses or renovating and reconstructing
apartment buildings in accordance with this Law;
b) Cooperating and assisting one
another in building houses by contributing land use right, capital, workforce,
materials, and effort of members in cooperatives.
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Article 56. Responsibilities of
individuals in housing development
1. Comply with construction laws in
housing construction and renovation.
2. Comply with environmental
protection laws in housing construction and renovation.
3. Ensure safety for humans and
property of owners, occupants of adjacent structures during housing
construction and renovation; damage shall be compensated for as per the law.
4. Individuals investing in construction
of multi-storey, multi-unit apartment buildings for sale, lease purchase,
leaser shall conform to Article 57 hereof.
5. Exercise other responsibilities
in housing development as per the law.
Article 57. Private
multi-storey, multi-unit apartment building development for sale, lease
purchase, and lease
1. Holders of land use right in
accordance with Clause 3 Article 54 hereof shall, when building houses in the
cases below, satisfy eligibility of developers of housing investment and
construction projects, comply with construction law and other relevant law
provisions in respect of housing investment and construction laws in investment
and construction:
a) Houses of at least 2 storeys
where each storey accommodates dwelling units designed, built for sale, lease
purchase, or a combination of sale, lease purchase, lease;
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2. Dwelling units mentioned under
Clause 1 of this Article shall be issued with certificate according to land
laws, sold, lease-purchased, leased in accordance with this Law and real estate
trading laws.
3. Holders of residential land use
right in accordance with Clause 3 Article 54 hereof shall, when building houses
of at least 2 storeys and less than 20 dwelling units where each storey
accommodates dwelling units designed and built for lease, conform to
regulations below:
a) Satisfy construction
requirements of private multi-storey multi-unit houses according to regulations
of the Minister of Construction;
b) Satisfy fire prevention and
firefighting in accordance with regulations on fire safety applicable to
private multi-storey multi-units houses;
c) Satisfy requirements regarding
roads for firefighting facilities set forth by provincial People’s Committees
in respect of private multi-storey and multi-unit houses.
4. If private multi-storey and
multi-unit houses under Clause 3 of this Article accommodate dwelling units for
sale and/or lease purchase, requirements under Clause 1 of this Article shall
be met.
5. Management and operation of
houses under Clause 1 and Clause 3 of this Article shall conform to Regulations
on management and use of apartment buildings stipulated by the Minister of
Construction (hereinafter referred to as “Regulations on management and use of
apartment buildings”).
6. People’s Committees of all
levels shall, within their tasks and powers, inspect and examine compliance
with requirements under Clause 1 and Clause 3 of this Article.
7. The Government shall elaborate
this Article.
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RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS
Section 1. GENERAL PROVISIONS
Article 58. Lifespan of
apartment buildings
1. Lifespan of apartment buildings
shall be determined by design dossiers and actual useful life of apartment
buildings according to conclusion of competent authority. Lifespan of apartment
buildings according to design dossiers shall be specified in written appraisal
of competent authorities in accordance with construction laws.
2. Lifespan of apartment buildings
shall start from the date on which apartment buildings are commissioned for use
in accordance with construction laws.
3. If lifespan of apartment
buildings according to design dossiers under Clause 1 of this Article expires
or the apartment buildings in question are damaged, prone to collapse, or do
not guarantee safety for owners and occupants of apartment buildings before
expiry of lifespan, provincial People's Committees shall coordinate inspection
and quality assessment of apartment buildings in accordance with Article 61
hereof.
4. Declaration of apartment
building lifespan expiry shall conform to this Law and construction laws.
Article 59. Apartment buildings
for mandatory demolition
1. Apartment buildings subject to
mandatory demolition under Clause 2 of this Article include:
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b) Apartment buildings which have
lifespan not expired in accordance with Article 58 hereof but are subject to
mandatory demolition.
2. An apartment building shall be
subject to mandatory demolition if:
a) The apartment building is
damaged by fire and no longer satisfies safety requirements for further use;
b) The apartment building is
damaged by natural disasters or foreign threats and no longer satisfies safety
requirements for further use;
c) The apartment building have
primary load-bearing elements which have shown general dangerous states, are
prone to collapse, do not qualify for further use, or warrant immediate
evacuation of owners and users of apartment buildings;
d) The apartment building is severely
damaged, experiencing localized dangerous states of primary load-bearing
elements, having technical infrastructures for fire safety, water supply, water
drainage, electricity supply, local traffic not satisfactory to applicable
technical standards and regulations, or potentially suffers from loss of safety
during operation and use, requires demolition for safety of owners and users of
apartment buildings and compliance with urban renovation and improvement
requirements;
dd) The apartment building has any
of the following primary structural elements: foundation, pillars, walls,
girders, beams damaged, does not qualify for regular use, is not subject to
mandatory demolition in accordance with Points c and d of this Clause, is
located in areas where the apartment building must match apartment buildings
subject to mandatory demolition under this Clause according to approved
construction planning.
Article 60. Rules of apartment
building renovation and reconstruction
1. Apartment buildings with under
multiple owners and apartment buildings under public ownership shall, when
subject to mandatory demolition in accordance with Clause 2 Article 59 hereof
and reconstructed in accordance with approved planning, comply with this
Article.
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2. Renovation and reconstruction of
apartment buildings shall be implemented in projects, together with urban area
renovation and improvement, providing connection to technical infrastructures,
social infrastructures, compliant with construction planning, land use
planning, land use plan, provincial housing development program, and approved
plans for apartment building renovation and reconstruction.
In respect of apartment building
demotion under Points a and b Clause 2 Article 59 hereof is not included in
approved plans for apartment building renovation and reconstruction, provincial
People’s Committees shall allocate temporary accommodation and relocate owners
and users of the apartment buildings. Following relocation, provincial People’s
Committees shall include the demolition in local plans for apartment building
renovation and construction.
3. Renovation and reconstruction of
apartment buildings shall conform to this Law, construction laws, investment
laws, public investment laws, and other relevant law provisions.
4. If reconstruction of apartment
buildings is stipulated by approved planning, owners are allowed to relocate
on-site unless otherwise decided. If reconstruction is not stipulated by
approved planning, owners of apartment buildings shall receive compensation in
form of money or relocation in other areas in the same communes, wards,
districts (hereinafter referred to as “communes”), if relocation housing is not
available in communes, relocation shall be accommodated in districts and if
relocation housing is also not available in districts, relocation housing shall
be facilitated in adjacent administrative divisions unless owners purchase or
lease-purchase social housing.
In respect of apartment buildings
under public ownership where current tenants do not wish to rent after
reconstruction of apartment buildings, owners of said apartment buildings have
the right to choose form of compensation under Clause 7 Article 70 hereof.
5. Relocating individuals shall
have ownership over relocation housing following renovation and reconstruction
according to solutions for compensation, assistance, relocation, and temporary
accommodation (hereinafter referred to as “compensation and relocation
solutions”) in accordance with Article 71 hereof.
6. In case of renovation and
reconstruction of apartment complex under Clause 2 Article 59 hereof,
provincial People's Committees shall decide to execute one or multiple projects
as long as connection to technical infrastructures, social infrastructures and
compliance with approved detail construction planning of the apartment complex.
7. Selection of developers for
apartment building renovation, reconstruction investment projects shall only be
implemented after approved apartment building renovation and reconstruction
plans are available in accordance with Article 65 hereof.
8. Developers of apartment building
renovation, reconstruction investment projects may separate into investment
phases for the purpose of project execution as long as they demolish and
reconstruct apartment buildings under Points a, b, and c Clause 2 Article 59
hereof first and demolish and reconstruct remaining apartment buildings later.
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9. Decision, approval, and revision
of investment guidelines of apartment building renovation, reconstruction
investment projects shall conform to Articles 67 and 69 hereof.
10. Land expropriation, land
allocation, land lease, land repurposing (if any) for the purpose of executing
apartment building renovation, reconstruction investment projects shall conform
to land laws unless owners negotiate and transfer land use right to developers
of apartment building renovation, reconstruction investment projects in
accordance with Clause 11 of this Article.
11. Negotiation for land use right
transfer for the purpose of executing apartment building renovation,
reconstruction investment project shall be implemented if conditions below are
met:
a) The projects do not fall under
cases depicted in Clause 1 and Clause 3 Article 68 hereof;
b) The projects only cover land
under joint ownership of apartment building owners;
c) Negotiation on land use right
transfer for project execution serve on-site relocation according to
compensation and relocation solutions agreed upon by owners of apartment
buildings and developers of apartment building renovation, reconstruction
investment projects.
The transfer of land use right
under this Point shall be exempt from all tax obligations.
12. Provincial People's Committees
are responsible for allocating funding from local government budget in
accordance with legal procedures on state budget in order to:
a) inspect and assess quality of
apartment buildings under public ownership; inspect and evaluate quality of
other apartment buildings unless such apartment buildings are under single
owners and not under public ownership;
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c) organize development and approve
plan for apartment building renovation and reconstruction;
d) execute apartment building
renovation, reconstruction investment projects utilizing local government budget.
13. Allocation of temporary
accommodation for apartment building owners shall conform to Article 72 hereof.
14. The Government shall elaborate
Clause 11 of this Article.
Article 61. Quality inspection
and assessment of apartment buildings
1. Provincial People’s Committees
shall direct provincial housing authorities to take charge, cooperate with
local authorities and district People’s Committees where apartment buildings
are located to inspect and assess quality of apartment buildings in their provinces
and cities. In respect of apartment complex, conduct quality inspection and
assessment of the entire complex prior to including the apartment complex in
plans for apartment building renovation and reconstruction.
Owners of apartment buildings are responsible
for cooperating with agencies under this Clause and inspecting bodies in
quality inspection and assessment of apartment buildings in accordance with
this Law and construction laws.
2. Organizations assigned to
conduct quality inspection and assessment of apartment buildings shall
determine quality of apartment buildings subject to mandatory demolition in
accordance with Clause 2 Article 59 hereof or not subject to mandatory
demolition in assessment reports and send to provincial housing authorities. Quality
inspection and assessment of apartment buildings shall conform to construction
laws and this Law.
3. Upon receiving inspection
reports, provincial housing authorities shall review and promulgate conclusion
on apartment building quality inspection. Inspection conclusion shall specify
details of inspection in accordance with inspection laws and identify whether
apartment buildings are subject to mandatory demolition or not in accordance
with Clause 2 Article 59 hereof; if apartment buildings are not subject to
mandatory demolition, the inspection conclusion shall state duration of further
use until the date on which the apartment buildings are subject to mandatory
demolition.
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Article 62. Forms of apartment
building renovation and reconstruction
1. Real estate trading enterprises
shall invest or contribute capital together with owners of apartment buildings
under Clause 2 Article 59 hereof in order to demolish, reconstruct apartment
buildings, except for cases under Clause 2 and Clause 3 of this Article.
2. Provincial People’s Councils
shall decide on the use of funding from local government budget in accordance
with public investment laws to execute apartment building renovation,
reconstruction investment projects in their provinces and cities that do not
fall under Clause 3 of this Article in the following circumstances:
a) The entirety of apartment
buildings are under public ownership;
b) Apartment buildings are subject
to mandatory demolition in accordance with Point b Clause 2 Article 59 hereof
unless the apartment buildings are under single owners and are not under public
ownership.
3. In respect of public housing
where central authorities act as ownership representatives, renovation and reconstruction
of said apartment buildings shall conform to public investment laws.
Article 63. Incentive
regulations for apartment building renovation, reconstruction investment
projects
1. Developers of apartment building
renovation, reconstruction investment projects under Clause 1 Article 62 hereof
shall benefit from incentive regulations below:
a) They shall be exempt from land
levy and land rents in respect of land where land levy and rents are required
in apartment building renovation, reconstruction investment projects,
including: land area of existing apartment buildings, existing single-family
houses (if any), land area of service, mercantile, public structures, land area
for technical, traffic, social infrastructures and other structures, including
land area where public property under apartment building renovation,
reconstruction investment projects is located.
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b) Use remaining housing area for
trade after facilitating relocation and service, mercantile in project area. Developers
of apartment building renovation, reconstruction investment projects are not
required to pay land levy and land rent when selling dwelling units in renovated
and reconstructed apartment buildings on land of existing apartment buildings
after relocation has been facilitated.
In respect of land area for
business activities outside of the land area where land levy and land rents are
exempt in accordance with this Point and Point a of this Clause, developers of
apartment building renovation, reconstruction investment projects shall fulfill
financial obligations in accordance with land laws;
c) Obtain loan as per the law from
Land development fund, other non-state budget financial funds; advance
expenditure from compensation, assistance, relocation payments for the purpose
of premise clearance; collect purchase, lease purchase payments of off-plan
housing and area of service, mercantile structure in project area for the
purpose of project execution;
d) Receive financial assistance
from local government budget to build technical infrastructures and social
infrastructures in project area according to decisions of provincial People’s
Council;
dd) Receive tax, credit incentives,
and other incentives as per the law.
2. Developers of apartment building
renovation, reconstruction investment projects under Clause 2 and Clause 3 Article
62 hereof shall benefit from incentives specified in Points a and dd Clause 1
of this Article.
3. The Government shall elaborate
Point a and Point b Clause 1 of this Article.
Section 2. APARTMENT BUILDING
RENOVATION, RECONSTRUCTION PLANNING AND PLAN
Article 64. Requirements of
apartment building renovation, reconstruction planning and plan
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2. Detail planning of apartment
building renovation, reconstruction investment projects shall include
indicators regarding the use of construction planning land, population scale or
identify land area available to be repurposed for construction of service,
mercantile, office structure, other social infrastructures in order to ensure
socio-economic and environmental effectiveness and encourage investors to
participate in projects.
3. Depending on lists and provinces
where apartment buildings subject to mandatory demolition for reconstruction in
accordance with this Law, provincial People’s Committees shall decide on
reconstruction solutions for the entire apartment complex or unified solutions
for reconstruction of several apartment buildings in communes, districts, or
adjacent districts in order ensure socio-economic, environmental effectiveness
and incorporate urban renovation and improvement.
In respect of an apartment building
which is subject to mandatory demolition, not reconstructed according to
approved planning, and not subject to unified solutions according to this
Clause, provincial People’s Committees shall allocate funding from local government
budget in accordance with state budget procedures in order to relocate,
compensate, assist owners, users of this apartment building and organize
auctions for plots where the apartment building to be demolished is located in
order to facilitate construction according to approved planning, unless otherwise
stipulated by the Land Law.
4. The production, appraisal, and
approval of detail planning of apartment building renovation, reconstruction
investment projects are implemented simultaneously, as the case may be, as
quality inspection and assessment of apartment buildings.
Article 65. Requirements of
apartment building renovation, reconstruction plan
1. Provincial People’s Committees
may develop and approve apartment building renovation and reconstruction plans
together with provincial housing development plan or separately to use as the
basis for apartment building renovation, reconstruction investment projects.
2. Provincial housing authorities
shall, directly or by hiring consultancy units in accordance with bidding laws,
develop apartment building renovation, reconstruction laws and report to
provincial People’s Committees for approval.
3. Approval of apartment building
renovation, reconstruction plans shall only be implemented when apartment building
quality inspection and assessment conclusions produced by provincial housing
authorities are available in accordance with this Law.
4. If there are apartment buildings
subject to mandatory demolition or provincial housing development programs
revise details relating to approved apartment building renovation and
reconstruction plans after apartment building renovation and reconstruction
plans have been approved, provincial People’s Committees shall revise the plans
accordingly.
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Article 66. Details of apartment
building renovation and reconstruction plans
Apartment building renovation and
reconstruction plans consist primarily of:
1. Lists, location of apartment
buildings and apartment complex to be renovated and reconstructed, including
date of demolition of each type of apartment building under Clause 2 Article 56
hereof.
In respect of apartment complex
renovation and reconstruction, expect time for relocation, demolition,
reconstruction of the first apartment buildings and time for relocation,
demolition, reconstruction of remaining apartment buildings in the apartment
complex;
2. Expected funding sources for
relocation and reconstruction of apartment buildings, apartment complex in the
area;
3. Responsibilities of authorities
and People’s Committees of all levels in implementation of plans for apartment
building renovation and reconstruction.
Section 3. INVESTMENT GUIDELINE
DECISION, INVESTMENT GUIDELINE APPROVAL, DEVELOPERS OF APARTMENT BUILDING
RENOVATION, RENOVATION INVESTMENT PROJECTS
Article 67. Investment guideline
decision and approval
1. In respect of apartment
buildings under Clause 2 and Clause 3 Article 62 hereof, decision and approval
of investment guidelines shall conform to public investment laws.
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3. In respect of cases under Clause
3 Article 68 hereof, provincial housing authorities shall prepare documents and
request provincial People’s Committees to approve investment guidelines in
accordance with Clause 2 and Clause 5 Article 69 hereof unless the projects
fall under entitlement to investment guideline approval of Prime Minister at
which point Clause 3 Article 69 of this Law shall take effect.
4. In respect of apartment building
renovation, reconstruction investment projects under Clause 2 and Clause 3 of
this Article, if said projects are subject to revision to investment guidelines
in accordance with the Law on Investment, competent authority entitled to
approve investment guidelines shall be entitled to revise investment
guidelines; procedures for revision to investment guidelines shall conform to
Article 69 hereof.
Article 68. Developers of
apartment building renovation, reconstruction investment projects
1. Decision on developers of
apartment building renovation, reconstruction investment projects sin respect
of apartment buildings under Clause 2 and Clause 3 Article 62 hereof shall
conform to public investment laws and construction laws.
2. In respect of apartment
buildings not mentioned under Clause 1 of this Article, selection of developers
for apartment building renovation, reconstruction investment projects shall
conform to Clause 2 Article 67 hereof.
3. If selection of investors for
projects for cases under Clause 2 of this Article cannot be implemented within
the time limit stipulated by the Government, once the investment guidelines are
approved in accordance with Clause 3 Article 67 hereof, provincial housing
authorities shall organize bidding for selection of investors for apartment building
renovation, reconstruction investment projects in accordance with regulations
below:
a) If only 1 investor is interested
in accordance with bidding laws, competent authorities shall approve the
investor as developer of apartment building renovation, reconstruction
investment projects as soon as the investor satisfies requirements and criteria
stipulated by the Government;
b) If at least 2 investors are
interested, selection of developers of apartment building renovation,
reconstruction investment projects shall be done via bidding in accordance with
bidding laws.
4. Developers of apartment building
renovation, reconstruction apartment buildings under Clause 2 and Clause 3 of
this Article have rights specified under Clauses 1, 2, 3,5, 6, 7, and 8 Article
38 hereof and benefit from incentive regulations under Article 63 hereof.
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a) ensure financial capability for
project execution as per the law;
b) fully implement commitments in
project product trading contracts; ensure structure quality in accordance with
construction laws; hand over houses together with related documents to
customers, implement house sale, lease purchase, lease transactions in
accordance with this Law, real estate trading laws, and other relevant law
provisions;
c) demolish apartment buildings in
accordance with Article 75 hereof;
d) arrange temporary
accommodations, compensation, assistance, and relocation for owners, users of
apartment buildings subject to demolition according to approved compensation
and relocation solutions in accordance with this Law.
6. The Government shall elaborate
this Article.
Article 69. Documents and
procedures for approving investment guidelines of apartment building
renovation, reconstruction investment projects
1. Request for approval of
investment guidelines and approval of investors as developers of apartment
building renovation, reconstruction investment projects consists of:
a) Written request for approval of
project investment guidelines;
b) Proposed investment projects
including the following basic information: investors, investment goal,
investment scale, investment, capital mobilization solutions, location, time,
schedule, proposed land demand, preliminary environmental impact assessment in
accordance with environmental protection laws (if any), information on
certificate of apartment building owners, proposed investment incentives,
record of consultation regarding investor selection;
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d) Written agreement on land use
right transfer from apartment building owners to investors for cases under
Clause 11 Article 60 hereof;
dd) Documents on legal status of
investors, documentary proof of financial capability of investors;
e) Other relevant documents (if
any).
2. Request for approval of
investment guidelines submitted by provincial housing authorities consists of:
a) Written request for approval of
project investment guidelines;
b) Proposed investment projects
including the following basic information: investment goal, investment scale,
investment, location, time, schedule; land use information at project sites,
proposed land demand, preliminary environmental impact assessment in accordance
with environmental protection laws (if any); form of selecting investors for
apartment building renovation, reconstruction investment projects; inventive
regulations and policies;
c) Other relevant documents (if
any).
3. In case of apartment building
renovation, reconstruction investment projects where the Prime Minister is entitled
to approve investment guidelines and investors or approve investment guidelines
in accordance with the Law on Investment, documents required shall conform to
Clause 1 and Clause 2 of this Article and procedures shall conform to the Law
on Investment.
4. Approval of investment
guidelines and investors granted by provincial People’s Committees shall be
implemented as follows:
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b) Within 3 working days from the
date on which adequate documents are received, provincial housing authorities
are responsible for requesting assessment and feedback of relevant state
authorities regarding contents of the projects;
c) Within 15 days from the date on
which request for assessment is received, requested authorities shall remark
upon contents under the scope of state management and send to provincial
housing authorities. Within 25 days from the date on which adequate documents
under Clause 1 of this Article are received, provincial housing authorities
shall produce and submit assessment reports to provincial People’s Committees;
d) Within 7 working days from the
date on which adequate documents and assessment reports are received,
provincial People’s Committees shall review, decide on approval of compensation
and relocation solutions, grant approval for investment guidelines and
investors as developers of apartment building renovation, reconstruction
investment projects; in case of rejection, provincial People’s Committees shall
specify the reasons in writing.
5. Approval granted by provincial
People’s Committees for investment guidelines in respect of projects under
Clause 3 Article 67 shall conform to procedures below:
a) Provincial housing authorities
are responsible for producing documents under Clause 2 of this Article and
requesting assessment from relevant authorities pertaining to project contents;
b) Within 15 days from the date on
which request for assessment is received, requested authorities shall remark
upon contents under the scope of state management and send to provincial
housing authorities. Within 25 days from the date on which adequate documents
under Clause 2 of this Article are received, provincial housing authorities
shall produce and submit assessment reports to provincial People’s Committees;
c) Within 7 working days from the
date on which adequate documents and assessment reports are received,
provincial People's Committees shall review and approve investment guidelines;
in case of rejection, provincial People's Committees shall specify the reasons
in writing.
6. The Government shall elaborate
this Article.
Section 4. COMPENSATION AND
RELOCATION SOLUTIONS
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1. Production and approval of
compensation and relocation solutions for the purpose of executing apartment
building renovation, reconstruction investment projects shall only be implemented
after approved detail planning is available.
2. In case of execution of projects
under Clause 1 Article 68 hereof, compensation and relocation solutions shall
conform to public investment laws; in respect of projects under Clause 3
Article 68 hereof, provincial People’s Committees shall assign responsible
organizations to produce and submit compensation and relocation solutions to
provincial People’s Committees for approval.
3. If selection of developers for
apartment building renovation, reconstruction investment projects does not fall
under Clause 2 of this Article, real estate trading enterprises registering as
developers of apartment building renovation, reconstruction investment projects
shall produce compensation and relocation solutions to enable apartment
building owners to choose.
4. Compensation, assistance,
relocation, and arrangement of temporary accommodation shall be public,
transparent, objective, and compliant with approved compensation and relocation
solutions. Area of dwelling units serving relocation shall not be lower than
area of dwelling units according to national technical regulations on apartment
buildings. Expenditure on compensation, assistance, relocation, and arrangement
of temporary accommodations shall be defined in total project investment.
5. In respect of public housing
subject to renovation and reconstruction, current tenants shall be eligible for
rent as soon as the reconstruction completes unless they no longer wish to
rent. In case of apartment buildings under mixed ownership of public housing
owners and other owners, ownership representatives of public housing may reach
agreement with developers of apartment building renovation, reconstruction
investment projects regarding whether compensation is done in form of money or
accommodations.
6. Allocation of relocation housing
shall be done via contracts for sale, lease purchase, rent of relocation
housing in accordance with this Law.
7. Form of compensation for owners
of apartment buildings shall be specified under compensation and relocation
solutions as follows:
a) In respect of apartment
buildings under Clause 10 Article 2 hereof, apartment building owners may
choose compensation in form of relocation housing or money equivalent to value
of relocation housing;
b) In respect of apartment
buildings not mentioned under Clause 10 Article 2 hereof where owners do not
contribute funding for apartment building renovation and reconstruction, the
owners shall be eligible for compensation equivalent to value of land use right
based on percentage of land use right ownership determined in accordance with
land laws applicable at the time of producing the compensation and relocation
solutions and transfer land use right to developers of apartment building
renovation, reconstruction investment projects; in respect of apartment
buildings under Point dd Clause 2 Article 59 hereof, apartment building owners
shall be eligible for compensation equivalent to land use right and remaining
value of dwelling units according to regulations of the Government.
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Article 71. Contents and
entitlement to approval of compensation and relocation solutions
1. Compensation and relocation
solutions primarily consist of:
a) Name of developers if developers
of apartment building renovation, reconstruction investment projects have been
selected;
b) Name and address of owners,
users of apartment buildings;
c) Location and area of apartment
buildings subject to renovation and reconstruction; location and area of
relocation housing;
d) Form of relocation housing
arrangement including relocation housing at the site or elsewhere or purchased,
lease-purchased social housing in the area or monetary payment in accordance
with this Law;
dd) K coefficient of dwelling unit
area in respect of apartment buildings under Clause 10 Article 2 hereof; land
value for compensation calculation following reconstruction investment (if
any);
e) Value of dwelling units shall be
determined after converting area based on K coefficient under Point dd of this
Clause; contribution for dwelling unit construction according to project
schedule or lump-sum payment after handing over dwelling units not specified
under Clause 10 Article 2 hereof; value of relocation housing in case of relocation
elsewhere;
g) Agreement on land use right
transfer for execution of apartment building renovation, reconstruction
investment projects for cases under Clause 11 Article 60 hereof;
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i) Difference (if any) in value of
relocation housing and value of houses to which owners are eligible incurred by
developers of apartment building renovation, reconstruction investment projects
according to compensation and relocation solutions;
k) Project schedule; time limit for
compensation, assistance, relocation, and arrangement of temporary
accommodation; time limit for handing over relocation housing in accordance
with Point d of this Clause;
l) Financial assistance for
relocation, temporary rent, and other relevant expenditure (if any);
m) Maintenance expenditure
following apartment building reconstruction shall conform to this Law;
m) Compensation and relocation for
area other than apartment dwelling units (if any).
2. Provincial People’s Committees
shall approve compensation and relocation solutions within their competence and
examine, urge developers of apartment building renovation, reconstruction
investment projects to adhere to approved compensation and relocation
solutions.
Article 72. Arrangement of
relocation housing and temporary accommodation
1. In respect of existing house
ownership, arrangement of relocation housing shall conform to regulations
below:
a) If approved planning dictates apartment
building reconstruction, apartment building owners shall be subject to on-site
relocation according approved compensation and relocation solutions.
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In respect of apartment buildings
not mentioned under Clause 10 Article 2 hereof, apartment building owners shall
make economic contributions to apartment building reconstruction, except for
apartment buildings under Clause 2 and Clause 3 Article 62 hereof. Economic
contributions to apartment building reconstruction shall be made depending on
project schedule or in form of a lump-sum payment after handing over dwelling
units and defined under compensation and relocation solutions;
b) If approved planning does not
dictate apartment building reconstruction, apartment building owners shall be
subject to relocation housing in accordance with Clause 4 Article 60 hereof.
2. In case of rental accommodation,
relocation arrangement shall be implemented in accordance with lease
agreements; in case of public housing rental, rental arrangement shall be
implemented as soon as apartment building renovation and reconstruction
complete, unless otherwise agreed upon by tenants and ownership representatives
of public housing.
3. Temporary accommodation
arrangement for apartment building owners shall only be implemented if
apartment building owners request relocation in form of accommodations.
4. Temporary accommodation shall
satisfy infrastructure requirements and conditions for daily activities of
owners. In case of existing public housing rent, provincial People’s Committees
where apartment building renovation, reconstruction investment projects take
place are responsible for arranging temporary accommodation or reimbursing rent
for tenants during project execution.
For cases under Point b Clause 2
Article 59 hereof, provincial People’s Committees are responsible for arranging
temporary accommodation during project execution.
For cases under Point a and Point c
Clause 2 Article 59 hereof, provincial People’s Committees are responsible for
arranging temporary accommodation until developers of apartment building
renovation, reconstruction investment projects are selected. Once project
developers have been selected, developers are responsible for arranging
temporary accommodation during project execution.
For cases under Point d and Point
dd Clause 2 Article 59 hereof, developers of apartment building renovation,
reconstruction investment projects are responsible for arranging temporary
accommodation during project execution.
5. In addition to relocation
arrangement under Clause 1 or Clause 2 of this Article, depending on local
conditions, relocating individuals may be eligible for financial assistance provided
by provincial People’s Committees from local government budget in accordance
with state budget procedures.
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Section 5. RELOCATION, ENFORCED
RELOCATION AND DEMOLITION OF APARTMENT BUILDINGS
Article 73. Relocation of owners
and users of apartment buildings
1. In respect of apartment
buildings subject to mandatory demolition under Point a and Point b Clause 2 Article
59 hereof, provincial People's Committees shall issue decision on emergency
relocation and organize relocation of owners, users of apartment buildings to
temporary accommodation.
2. In respect of apartment
buildings subject to mandatory demolition in accordance with Point c, Point d,
and Point dd Clause 2 Article 59, provincial People’s Committees shall issue
decision on relocation in accordance with approved compensation and relocation
solutions.
3. Decision on relocation primarily
consists of:
a) Name and address of owners,
users of apartment buildings to be relocated;
b) Deadline for relocation;
c) Location of temporary
accommodation;
d) Relocation methods;
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e) Responsibilities of relevant
agencies, organizations, and individuals in implementation of relocation
decisions.
4. Provincial People’s Committees
shall send relocation decisions to owners, users of apartment buildings subject
to relocation and publicly upload these decisions on website of provincial
People’s Committees, district People’s Committees, provincial housing
authorities where apartment buildings in question are located, and local mass
media.
5. Owners, users of apartment
buildings and relevant organizations, individuals are responsible for
relocating in accordance with decisions of provincial People’s Committees.
6. Relocation expenditure shall be:
a) incurred by local government
budget for cases under Clause 1 of this Article;
b) determined in total project
investment and incurred by developers of apartment building renovation,
reconstruction investment projects for cases under Clause 2 of this Article;
developers of apartment building renovation, reconstruction investment projects
are responsible for returning expenditure on relocation to state authorities if
state authorities have relocated people out of apartment buildings subject to
mandatory demolition prior to selecting developers of apartment building
renovation, reconstruction investment projects.
Depending on local conditions,
provincial People’s Committees shall decide on financing expenditure on
relocation from local government budget in accordance with state budget laws.
Article 74. Enforced relocation
of owners and users of apartment buildings
1. If owners and users of apartment
buildings fail to implement relocation before the deadline stipulated under
relocation decisions of provincial People’s Committees, provincial People’s
Committees shall issue decision on enforced relocation.
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a) Name and address of owners,
users of apartment buildings subject to enforced relocation;
b) Time limit for enforced
relocation;
c) Location of temporary
accommodation;
d) Methods for enforcing
relocation;
dd) Expenditure on enforced
relocation;
e) Responsibilities of relevant
agencies, organizations, and individuals in implementation of enforced
relocation.
3. District People’s Committees
where apartment buildings are located are responsible for organizing enforced
relocation in accordance with decisions of provincial People's Committees.
4. Expenditure on enforced
relocation shall be:
a) incurred by local government
budget for cases under Clause 1 Article 73 hereof;
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Depending on local conditions,
provincial People’s Committees shall decide on financing expenditure on
enforced relocation from local government budget in accordance with state
budget laws.
Article 75. Apartment building
demolition
1. After relocating owners and
users of apartment buildings, developers of apartment building renovation,
reconstruction investment projects are responsible for organizing demolition of
apartment buildings as follows:
a) Developers of apartment building
renovation, reconstruction investment projects shall carry out demolition if
they are adequately capable in accordance with construction laws or hire organizations
capable in construction operations to carry out demolition;
b) Prior to demolishing, developers
of apartment building renovation, reconstruction investment projects shall
produce and submit demolition solutions to provincial housing authority for
assessment and approval. Within 30 days from the date on which demolition
solutions proposed by developers of apartment building renovation,
reconstruction investment projects are received, provincial housing authorities
are responsible for appraising and approving demolition solutions in accordance
with construction laws;
c) Developers of apartment building
renovation, reconstruction investment projects shall demolish in accordance
with demolition solutions approved by provincial housing authorities.
2. In case of emergency demolition
of apartment buildings to ensure safety of nearby constructions, provincial
housing authorities are responsible for producing demolition solutions and
reporting to provincial People’s Committees.
3. Expenditure on apartment
building demolition shall be determined in total project investment. Developers
of apartment building renovation, reconstruction investment projects are
responsible for reimbursing state authorities conducting emergency demolition
for expenditure on emergency demolition under Clause 2 of this Article.
4. Apartment building demolition
procedures shall conform to construction laws.
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SOCIAL HOUSING POLICIES
Section 1. GENERAL PROVISIONS
Article 76. Entities eligible
for assistance policies regarding social policies
1. Individuals serving the
revolution, relatives of martyrs eligible for housing improvement in accordance
with Ordinance for benefits for individuals serving the Revolution.
2. Poor and near-poor households in
rural areas.
3. Poor and near-poor households in
rural areas in areas regularly prone to natural disasters, climate change.
4. Poor and near-poor households in
urban areas.
5. People with low income in urban
areas.
6. Workers and employees working in
enterprises, cooperatives, joint cooperatives inside and outside of industrial
parks.
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8. Officials, public officials, and
public employees according to regulations on officials, public officials, and
public employees.
9. Entities returning official
housing in accordance with Clause 4 Article 125 hereof, unless official housing
is repossessed as a result of violation in accordance with this Law.
10. Households and individuals that
are subject to land expropriation and housing clearance, demolition in
accordance with the law and have not been compensated by the Government in form
of houses and/or homestead land.
11. Students, learners in
universities, academies, higher education institutions, colleges, vocational
education and training facilities, specialized education institutions as per
the law; students of public ethnic boarding schools.
12. Enterprises, cooperatives, and
joint cooperatives in industrial parks.
Article 77. Methods for
implementing support policies regarding social housing
1. Provide support in selling,
lease-purchasing, leasing social housing to entities under Clauses 1, 4, 5, 6,
8, 9, and 10 Article 76 hereof; entities under Clause 7 Article 76 hereof who
have not benefited from housing support policies intended for people’s armed
forces.
Depending on local conditions,
provincial People’s Committees may stipulate support for selling,
lease-purchasing, leasing social housing to entities under Clause 2 and Clause
3 Article 76 hereof.
2. Provide support in accordance with
national target programs or public investment program regarding housing to
enable entities under Clauses 1, 2, and 3 Article 76 hereof to build or
renovate, repair houses.
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4. Provide support in selling,
lease-purchasing, leasing housing for people’s armed forces to entities under
Clause 7 Article 76 hereof who have not benefited from policies under Clause 1
of this Article.
5. Provide support in applying for
concessional loan from the Government via Bank for Social Policy, credit
institutions designated by the Government to enable entities under Clauses 1,
2, 3, 4, 5, 6, 7, and 8 Article 76 hereof to purchase, lease-purchase, lease
social housing or build or renovate, repair houses; enable entities under
Clause 7 Article 76 hereof to apply for concessional loan to purchase,
lease-purchase housing for people’s armed houses.
The Government shall elaborate this
Clause.
6. Entities under Clause 11 Article
76 hereof may rent social housing during period of studying.
7. Entities under Clause 12 Article
76 hereof may rent worker housing in industrial parks to lease to and
accommodate workers of enterprises, cooperatives, joint cooperatives in the
industrial parks in accordance with Section 3 of this Chapter.
8. Employees working in
enterprises, cooperatives, joint cooperatives in industrial parks shall rent
worker housing in industrial parks in accordance with Section 3 of this
Chapter.
Article 78. Eligibility for
social housing support policies
1. Entities under Clauses 1, 4, 5,
6, 7, 8, 9, and 10 Article 76 hereof shall, upon satisfying eligibility below,
be able to purchase, lease-purchase social housing:
a) Regarding housing: in order to
be able to purchase, lease-purchase social housing, entities under Clauses 1,
4, 5, 6, 7, 8, 9, and 10 Article 76 hereof must not have owned houses in
provinces and central-affiliated cities where social housing investment and
construction projects take place, have not purchased or lease-purchased social
housing, have not benefited from housing support policies in any shape or form
in provinces and central-affiliated cities where social housing investment and
construction projects take place, or have owned houses in provinces and
central-affiliated cities where social housing investment and construction
projects take place where average housing area per capita is lower than the minimum
housing area; or must have not in case of entities under Points b, c, d, dd, e,
and g Clause 1 Article 45 hereof. The Government shall elaborate this Point;
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2. Entities under Clauses 1, 4, 5,
6, 7, 8, 9, 10, and 11 Article 76 hereof are not required to meet housing and
income requirements under Clause 1 of this Article when renting social housing.
3. Eligibility for concessional
loan of the Government via Bank for Social Policies and credit institutions
designated by the Government:
a) In order to apply for loan to
purchase and lease-purchase social housing, entities under Clauses 1, 2, 3, 4,
5, 6, 7 and 8 Article 76 hereof must sign contracts for purchase and lease
purchase of social housing and satisfy loan requirements in accordance with
credit institution laws;
b) In order to apply for loan to
purchase and lease-purchase housing for people’s armed forces, entities under
Clause 7 Article 76 hereof shall sign contracts for purchase and lease purchase
of housing for people's armed forces and satisfy loan requirements in
accordance with credit institution laws.
4. In order to receive support
under Clause 2 Article 77 hereof, entities under Clauses 1, 2, and 3 Article 76
hereof shall satisfy eligibility under decision approving national target
programs or public investment program regarding respective housing types of
competent authorities.
5. In order to rent worker housing
in industrial parks, entities under Clause 6 Article 76 hereof shall satisfy
requirements under Clause 2 Article 93 hereof.
6. In order to purchase and
lease-purchase housing for people’s armed forces, entities under Clause 7
Article 76 hereof must meet requirements under Point a Clause 1 of this Article
and income requirements of the Government. In case of renting housing for
people’s armed forces, housing and income requirements are not required.
7. In order to rent and sublet
worker housing in industrial complex to employees in enterprises, cooperatives,
joint cooperatives, entities under Clause 12 Article 76 hereof must meet
requirements under Clause 1 Article 93 hereof.
8. In order to purchase and rent
social housing in accordance with Clause 1 Article 77 hereof, entities under
Clause 2 and Clause 3 Article 76 must: meet housing requirements under Point a
Clause 1 of this Article, have not benefited from housing support policies in
accordance with Clause 3 Article 77 hereof, fall under poor and near-poor
household category according to regulations of the Government.
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9. The Minister of Construction
shall promulgate forms of documents proving eligibility under Clauses 1, 2, 3,
4, 5, 6, 8, 9, 10, and 11 Article 76 hereof; promulgate forms of documents
proving eligibility for social housing support policies.
The Minister of National Defense
and Minister of Public Security shall promulgate forms of documents proving
eligibility under Clause 7 Article 76 hereof for social housing support
policies.
Article 79. Rules in
implementing social housing support policies
1. Implementation of social housing
support policies shall following principles below:
a) The Government develops housing
development policies and allows everyone to afford accommodation;
b) Implement cooperation between
the Government, enterprises, local community, relatives, and support
beneficiaries in policy implementation;
c) Ensure openness, transparency,
close examination and supervision of competent authorities, local community,
and the Vietnamese Fatherland Front;
d) Ensure the right eligible
entities and eligibility in accordance with this Law;
dd) If an entity is eligible for
multiple support policies, only the policy with the highest value shall apply; if
multiple entities share the same standards and eligibility, the order of
priority shall be: people serving the revolution, relatives of martyrs, persons
with disabilities, individuals relocating in form of purchasing,
lease-purchasing social housing, women;
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2. Provincial People’s Committees
are responsible for implementing, inspecting, and examining implementation of
social housing policies in their provinces and cities.
3. Regulations under Section 2 of
this Chapter does not apply to development of worker housing in industrial
park, development of housing for people’s armed forces, individuals developing
or renovating, repairing houses, unless sections 3, 4, and 5 of this Chapter
contain provisions that stipulate the application of regulations under Section
2 of this Chapter.
Section 2. SOCIAL HOUSING
DEVELOPMENT FOR SALE, LEASE PURCHASE, LEASE
Article 80. Form of social
housing development
1. The Government invests in social
housing construction using public investment in order to lease and
lease-purchase.
2. The Government invests in social
housing construction using funding sources under Point b Clause 1 Article 113
hereof in order to sell, lease-purchase, and lease.
3. Enterprises, cooperatives, and
joint cooperatives invest in social housing construction in order to sell,
lease-purchase, and lease to entities under Clause 1 Article 77 hereof.
4. The Vietnam General
Confederation of Labor acts as presiding authority of social housing investment
and construction projects using union funding for employees and workers
eligible for renting social housing.
5. Foreign-invested business
organizations participate in social housing development in form of capital
investment or construction of social housing or business cooperation with
domestic enterprises, cooperatives, joint cooperatives in executing social
housing development projects in order to sell, lease-purchase, and lease in
accordance with this Law, land laws, real estate trading laws, and other
relevant law provisions.
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Article 81. Form of projects and
requirements of social housing investment and construction projects
1. Social housing investment and
construction projects consist of projects under Points a, b, c, dd, and e
Clause 1 Article 30 hereof.
2. Social housing investment and
construction projects under Clause 1 of this Article shall be invested and
built on land intended for social housing development according to Clause 6
Article 83 hereof while meeting requirements under Article 33 hereof. The
handing over of social housing shall conform to Clause 3 and Clause 4 Article
37 hereof.
3. Developers of social housing
investment and construction projects shall build houses to sell,
lease-purchase, and lease and shall not transfer land use right to allow
individuals to build houses.
Article 82. Type and area
standards of social housing
1. Type and area standards of
social housing:
a) Social housing in form of
apartment buildings shall be built in projects, conform to approved detail
construction planning. If social housing investment and construction projects
take place in communes in ethnic minority regions and mountainous regions
according to regulations of the Prime Minister, construction of single-family
houses is allowed;
b) Social housing in form of
dwelling units in apartment buildings shall be designed and built in accordance
with national technical regulations on apartment building and area standards of
social housing;
c) Social housing in form of
single-family houses shall be designed and built in accordance with
construction laws and area standards of social housing;
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2. The Government shall elaborate
this Article.
Article 83. Land for social
housing development
1. Provincial People’s Committees
shall allocate sufficient land fund for social housing development in
accordance with provincial housing development programs and plans, including:
land fund for independent social housing development; land fund for social
housing development in residential real estate investment and construction
projects according to Clause 2 and Clause 3 of this Article.
In case of rural areas, provincial
People's Committees shall, depending on local conditions, allocate land fund
for social housing development.
2. In respect of special, class I,
class II, and class III urban areas, depending on regulations of the
Government, provincial People's Committees deciding on developers of
residential real estate investment and construction projects shall reserve
percentage of homestead land in projects where technical infrastructure
investment and construction has been implemented for the purpose of developing
social housing or allocate land fund for social housing where technical
infrastructure investment and construction has been implemented outside of
residential real estate investment and construction projects in said urban
areas or make payments equivalent to value of land fund where technical
infrastructure investment and construction has been implemented for the purpose
of social housing construction.
3. In respect of urban areas not
mentioned under Clause 2 of this Article, provincial People's Committees shall,
depending on local conditions, regulate criteria of residential real estate
investment and construction projects where the developers must reserve
percentage of homestead land in the projects where technical infrastructure
investment and construction has been implemented for the purpose of social
housing construction or allocate land fund for social housing where technical
infrastructure investment and construction has been implemented outside of
residential real estate investment and construction projects in said urban areas
or make payments equivalent to value of land fund where technical
infrastructure investment and construction has been implemented for the purpose
of social housing construction.
4. Land fund for social housing
development under Clause 1 of this Article shall be allocated in accordance
with demands defined in approved provincial housing development programs,
connected to technical infrastructures and social infrastructures of areas
where projects take place, suitable for livelihood and working demands of
social housing policy beneficiaries under this Law.
Provincial People's Committees are
responsible for investing in technical infrastructures outside of social
housing investment and construction projects.
5. Depending on social housing
construction demands defined in provincial housing development programs and
plans, during production of local budget estimates, provincial People’s
Committees are responsible for reporting reservation of budget for social
housing investment and construction projects in the provinces and cities,
compensation, support, relocation, investment in technical infrastructures
outside of social housing investment and construction projects, connection of
technical infrastructures of social housing investment and construction projects
with technical infrastructures outside of the projects, conformity of social
infrastructures inside and outside of the projects to provincial People’s
Councils.
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a) Land allocated by the Government
for construction of houses which are to be sold, lease-purchased, leased;
b) Land leased by the Government
for construction of houses which are to be leased;
c) Reserved homestead land area for
construction of social housing in accordance with Clause 2 and Clause 3 of this
Article;
d) Land on which social housing
investment and construction projects are implemented by enterprises,
cooperatives, joint cooperatives in accordance with Point c Clause 4 Article 84
hereof.
7. Individuals have the right to
exercise land use right in accordance with Clause 3 Article 54 hereof for
construction of social housing.
8. The Government shall elaborate
Clause 2 of this Article.
Article 84. Developers of social
housing investment and construction projects
1. In respect of social housing
investment and construction projects invested using funding sources under
Clause 1 Article 113 hereof, developers of the projects shall be determined in
accordance with public investment and construction laws.
In respect of social housing
investment and construction projects where Chairpersons of provincial People’s
Committees decide on the investment, provincial housing authorities shall
propose project developers in accordance with public investment and
construction laws.
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3. If land fund in residential real
estate investment and construction projects must be reserved for the purpose of
social housing construction in accordance with Clause 2 and Clause 3 Article 83
hereof, developers of residential real estate investment and construction
projects shall be assigned with investment and construction of social housing
unless the Government hands this land over to other organizations for
investment and construction of social housing.
4. In respect of social housing
investment and construction projects that do not utilize funding sources under
Clause 1 and Clause 2 of this Article and do not fall under the case where
developers of residential real estate investment and construction projects
engage in investment and construction of social housing, developers of social
housing investment and construction projects shall be selected as follows:
a) If only 1 investor is interested
in accordance with bidding laws, competent authorities shall approve the
investor as developer of social housing investment and construction projects as
soon as the investor satisfies requirements and criteria stipulated by the
Government;
b) If at least 2 investors are
interested, selection of developers of social housing investment and
construction projects shall be done via bidding in accordance with bidding
laws;
c) Investors having approved
investment guidelines and accepted as developers of social housing investment
and construction projects when the investors obtain land use right via
agreement on acceptance of land use right in regard to type of land on which
social housing investment and construction projects are allowed or are having
land use right in regard to type of land on which social housing investment and
construction projects are allowed according to Land Law.
5. Developers of social housing
investment and construction projects under Clause 3 and Clause 4 of this
Article have rights under Clauses 1, 2, 3, 5, 6, 7, and 8 Article 38, Clause 2
Article 85, and Clause 2 Article 88 hereof.
6. Developers of social housing
investment and construction projects under Clause 3 and Clause 4 of this
Article have obligations under Clauses 1, 3, 5, 6, 8, 9, 10, 11, and 13 Article
39, Clause 3 Article 81, Clause 4 Article 87 hereof and obligation to:
a) deposit or obtain bank guarantee
regarding deposit obligations for project execution in accordance with
investment laws; ensure financial capability for project execution as per the
law;
b) fully implement commitments in
project product trading contracts; ensure structure quality in accordance with
construction laws; hand over houses together with related documents to
customers, implement house sale, lease purchase, lease transactions in
accordance with this Law, real estate trading laws, and other relevant law
provisions.
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Article 85. Incentives for
developers social housing investment projects for sale, lease purchase, and
lease
1. In respect of social housing
investment and construction projects that utilize public investment, developers
of the projects shall be eligible for incentives under Point a and Point b
Clause 2 of this Article. In respect of social housing investment and
construction projects that utilize union funding, developers of the projects
shall be eligible for incentives under Points a, b, e, g, and h Clause 2 of
this Article.
2. Developers of social housing
investment and construction projects that do not utilize funding under Clause 1
of this Article shall be eligible for the following incentives:
a) Developers are exempt from land
rent, land levy for land area of the projects; are not required to determine
land value, calculate land rent, land levy from which they have been exempt;
are not required to apply for exemption from land rent and land levy, except
for cases under Point d of this Clause;
b) Developers are eligible for
preferential VAT, corporate income tax treatment in accordance with tax laws;
Developers are eligible for maximum
profit of 10% of total investment in regard to area on which social housing is
built;
d) Developers are allowed to
reserve up to 20% of homestead land area within projects where technical
infrastructure investment and construction has been implemented to facilitate
investment and construction of service, mercantile, residential real estate
structures. Developers of social housing investment and construction projects
may separately record expenditure and revenues, must not include investment of
service, mercantile, and residential real estate structures in price of social
housing, and may receive all revenues generated by the service, mercantile,
residential real estate structures; in case of investment in residential real
estates, developers shall incur land levy for area on which residential real estates
are built in accordance with land laws.
If separate land fund for
construction of service, mercantile, residential real estate structures is not
allocated in detail planning of social housing investment and construction
projects approved by competent state authorities, project developers are
allowed to reserve up to 20% of total floor area in the projects for service
and mercantile purposes. Developers of social housing investment and
construction projects may separately record expenditure and revenues, must not
include costs for investment and construction of service and mercantile structures
in social housing price, and may benefit from all revenues generated by the
service and mercantile structures;
dd) Developers may apply for loans
at a preferential rates; developers may, when building social housing for
lease, apply for loans at a lower interest rate and for a longer term relative
to when building social housing for sale, lease purchase according to
regulations of Prime Minister from time to time;
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g) Provincial People’s Councils
shall, depending on local conditions, promulgate regulations on support for
local social housing investment and construction projects in accordance with
their power and relevant law provisions;
h) Developers may benefit from
other incentives as per the law (if any).
3. If developers of residential
real estate investment and construction projects directly invest in social
housing construction in the residential real estate investment and construction
projects, the developers shall benefit from incentives in Clause 2 of this
Article in regard to land area under Clause 2, Clause 3 Article 83 hereof where
investment and construction is implemented by the developers .
4. Individuals shall be eligible
for concessional loans under Clause 2 of this Article in order to build,
renovate, repair houses and lease to social housing policy beneficiaries.
5. The Government shall elaborate
Points c, d, and dd Clause 2 and Clause 3 of this Article.
Article 86. Rent, lease purchase
price of social housing invested and built by using public investment and union
funding
1. In case of social housing lease,
rent shall be calculated in order to sustain housing maintenance costs;
recoverable housing investment and construction costs for at least 20 years
from the date on which lease agreement is signed.
2. In case of social housing lease
purchase, lease purchase price shall be calculated in order to recover housing
investment and construction costs for at least 5 years from the date on which lease
purchase agreement is signed; maintenance costs incurred by buyer/tenant are
not included.
3. Rent and lease purchase price of
social housing shall not include incentives under Clause 1 Article 85 hereof.
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5. The Vietnam General
Confederation of Labor shall decide on rent of social housing invested and
built using union funding.
Article 87. Sale price, rent,
lease purchase price of social housing invested and built not by using public
investment, union funding
1. Sale price of social housing
shall be determined as follows:
a) Calculate adequate recoverable
costs of housing investment, including: social housing investment and
construction costs, compensation, assistance, relocation costs, costs for
technical infrastructure and social infrastructure investment and construction
implemented by developers of social housing investment and construction
projects (if any) within the project scope, unless these structures are built
for business purposes or in order to be handed over to the Government according
to approved project details; loan interests (if any); reasonable and legitimate
costs of enterprises, including costs for organizing sale, enterprise
management, expenditure accompanied by adequate invoices and instruments and
directly related to investment and construction projects as per the law;
nominal interests under Point c Clause 2 Article 85 hereof;
b) Do not include amounts mentioned
under Points a, b, dd, g, and h Clause 2 Article 85 hereof and maintenance
costs incurred by buyers in accordance with Article 152 hereof.
2. Rent of social housing shall be
determined in accordance with Clause 1 of this Article.
3. Rent of social housing,
including maintenance costs, shall be agreed upon by developers of social
housing investment and construction projects with tenants according to price
range stipulated by provincial People's Committees.
4. Developers of social housing
investment and construction projects shall develop social housing rent and
lease purchase price solutions in a manner that complies with principles under
Clause 1 of this Article and submit to field-specific authorities of provincial
People's Committees for appraisal on the date on which houses are eligible for
sale, lease purchase in accordance with housing laws.
5. In respect of social housing
invested and built by individuals, the rent shall conform to the price range
stipulated by provincial People’s Committees.
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Article 88. Rules in selling,
lease-purchasing, leasing social housing
1. Sale, lease purchase, and lease
of social housing shall conform to this Law.
2. Developers of social housing
investment and construction projects may choose to sell, lease-purchase
off-plan housing or sell, lease-purchase, lease existing houses. Developers of
social housing investment and construction projects, upon selling and
lease-purchasing houses, are not required to perform guarantee obligations for
off-plan houses and are not required to go through real estate exchange.
3. The sale and lease purchase of
off-plan social housing shall conform to requirements below:
a) Dossiers on housing investment
and construction projects are produced, approved technical housing design is
available, construction permit is produced if necessary;
b) Foundation has been built in
accordance with construction laws, investment and construction of traffic,
water supply, water drainage, domestic electricity, public lighting of houses
to be sold, lease-purchased according to detail construction planning, design
dossiers, and approved project schedule have been complete, redemption has been
implemented if developers of social housing investment and construction
projects mortgage these houses unless buyers, buyer/tenant and mortgagees agree
to not require redemption;
c) Provincial social housing
authorities have issued written notice on houses eligible for sale and lease
purchase, except for social housing whose investment and construction utilizes
public investment.
4. The sale, lease purchase, and
lease of existing social housing of developers of social housing investment and
construction shall satisfy requirements below:
a) Investment and construction of technical
infrastructures and social infrastructures have been complete according to
detail construction planning in areas where houses for sale, lease purchase,
lease are located; if developers of social housing investment and construction
projects mortgage houses, the developers must redeem the houses prior to
selling, lease-purchasing these houses unless the buyers, buyer/tenant and mortgagees
agree to not require redemption;
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c) Houses satisfy requirements
under Points b and Point c Clause 1 Article 160 hereof.
5. Social housing built by individuals
for lease shall only be required to satisfy requirements under Article 56
hereof.
6. Each entity under Clauses 1, 2,
3,4 , 5, 6, 8, 9, and 10 Article 76 hereof is only eligible for purchasing or
lease-purchasing 1 social housing. Entities under Clause 7 Article 76 hereof
are only eligible for purchasing or lease-purchasing 1 social housing or 1
housing for people’s armed forces.
7. Each entity under Clauses 1, 2,
3, 4, 5, 6, 8, 9, 10, and 11 Article 76 hereof, at any given time, is only
allowed to rent 1 social housing. Entities under Clause 7 Article 76 hereof are
only eligible for purchasing or lease-purchasing 1 social housing or 1 housing
for people’s armed forces.
8. Tenants, buyers/tenants of
social housing shall only accommodate themselves and their families during the
duration of rent, lease purchase; if tenants, buyers/tenants no longer wish to
rent, lease purchase social housing, they shall terminate contracts and hand
over the housing.
9. Developers of social housing
investment and construction projects may sell the housing in accordance with
market mechanisms after 10 years from the date on which commissioning is
implemented if the projects conform to construction planning, urban planning,
and land laws. Said developers of social housing investment and construction
projects shall incur land levy in accordance with regulations of the Government
and other duties in accordance with tax laws. In respect of social housing that
is also public housing, comply with Clause 2 Article 125 hereof.
10. If sale or lease purchase of
social housing violates this Law in terms of eligible entities or eligibility
for purchase and lease purchase of social housing, contracts for sale, lease
purchase of property shall be void and the buyers and buyers/tenants must hand
over the houses to developers of social housing investment and construction
projects, social housing authorities; failure to hand over houses shall result
in provincial People’s Committees where the social housing in question
enforcing repossession of the social housing.
Handling of social housing purchase
payment shall conform to civil laws; handling of lease purchase payment shall
conform to Clause 1 Article 75 hereof; enforced repossession of social housing
shall conform to regulations of the Government.
Article 89. Sale, lease
purchase, lease of social housing
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a) The sale of off-plan social
housing shall only be implemented upon compliance with Clause 3 Article 88 hereof;
the sale of existing social housing shall only be implemented upon compliance
with Clause 4 Article 88 hereof;
b) The sale of social housing shall
be written into contracts compliant with Article 163 hereof;
c) Advance payment made by buyers
of social housing shall conform to property sale contracts, completion rate of
property, and approved project schedule; the initial advance payment shall not
exceed 30% of contract value including deposit (if any); the sum of all
installments shall not exceed 70% of contract value until social housing is
handed over to buyers and shall not exceed 95% of contract value until buyers
obtain certificate of the social housing;
d) Buyers of social housing are not
allowed to resell the social housing in at least the first 5 years from the
date on which purchase payment is settled, except for cases under Point dd of
this Clause;
dd) Within 5 years from the date on
which buyers of social housing that have settled social housing payment wish to
resell the social housing, they can only resell the social housing to
developers of social housing investment and construction projects or entities
eligible for purchase of social housing at a maximum price equal to sale price
of the social housing under sale contracts signed with developers of social
housing investment and construction projects. Payment of personal income tax
shall conform to tax laws;
e) After 5 years from the date on
which buyers of social housing that have settled social housing payment wish to
resell the social housing, the resellers can resell the social housing in
accordance with market mechanisms to entities issued with certificate; the
resellers are not required to pay land levy but are required to pay income tax
in accordance with tax laws; if social housing for sale is single-family house,
the resellers must incur land levy in accordance with regulations of the
Government and pay income tax in accordance with tax laws.
2. Lease purchase of social housing
shall conform to Point a and Point b Clause 1 of this Article and regulations
below:
a) Minimum time limit for settling
social housing lease purchase payment is 5 years from the date on which
property lease purchase agreement is signed;
b) Buyers/tenants of social housing
are not allowed to resell the social housing within 5 years from the date on
which they settle property lease purchase payment within time limit under Point
a of this Clause, except for cases under Point c of this Clause;
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d) Within 5 years from the date on
which buyers/tenants have settled lease purchase payment of social housing
within the time limit under Point a of this Clause, buyers/tenants are allowed
to resell the social housing in accordance with Point e Clause 1 of this
Article.
3. Lease of social housing shall
conform to the following regulations:
a) Lease of existing social housing
shall be implemented if Clause 4 or Clause 5 Article 88 hereof are guaranteed;
b) The lease of social housing
shall be written into contracts compliant with Article 163 hereof;
c) Rent contracts for off-plan
social housing must not be signed. If a house meets all requirements under
Point a and Point b Clause 3 Article 88 hereof, developers of social housing
investment and construction projects are only allowed to sign deposit
agreements and collect maximum rent deposit equal to 12 months of rent; the
signing of deposit agreements shall meet requirements regarding eligible
entities and eligibility for renting social housing under this Law; once social
housing meets requirements under Clause 4 Article 88 hereof, developers of
social housing investment and construction projects may sign lease agreements
with tenants.
4. The Government shall elaborate
procedures for selling, lease-purchasing, leasing social housing.
Article 90. Management of social
housing operation
1. In respect of social housing
invested in and built by using public investment, competent authorities under
Point 14 hereof shall decide and choose entities managing housing operation in
accordance with Clause 5 Article 125 hereof. In respect of social housing
invested and built by using union funding, the Vietnam General Confederation of
Labor shall choose entities managing housing operation within their powers; if
at least 2 entities register, the Vietnam General Confederation of Labor may
choose to adhere to bidding laws to decide on entities managing housing
operation.
2. In respect of social housing
invested in and built not by using public investment or union funding, housing
operation management shall be regulated as follows:
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b) In respect of social housing for
lease purchase, within the duration of lease purchase, project developers shall
manage housing operation in accordance with Point a of this Clause; once
buyers/tenants have settled lease purchase payments to developers, operational
management shall conform to Point c of this Clause;
c) In respect of social housing for
sale, buyers shall manage the operation in case of single-family houses; or
comply with regulation on apartment building operation management under this
Law in case of apartment buildings.
3. Social housing operation
management shall benefit from incentive regulations applicable to public
services.
4. Entities managing social housing
operation have the right to engage in other businesses not prohibited by the
law in social housing complex in order to reduce housing operational management
service costs.
Section 3. DEVELOPMENT OF WORKER
HOUSING IN INDUSTRIAL PARKS
Article 91. Entities eligible
for support policies regarding worker housing in industrial parks
1. Workers working in manufacturing
enterprises, cooperatives, joint cooperatives in industrial parks.
2. Enterprises trading
infrastructures in industrial parks; manufacturing enterprises, cooperatives,
joint cooperatives in industrial parks investing in worker housing.
Article 92. Forms of worker
housing development in industrial parks
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2. Manufacturing enterprises,
cooperatives, joint cooperatives in industrial parks invest in construction of
or rent worker housing in industrial parks to accommodate and lease to their
workers.
Article 93. Eligibility for
renting worker housing in industrial parks
1. Manufacturing enterprises,
cooperatives, joint cooperatives in industrial parks must, in order to rent
worker housing in industrial parks, sign contracts for lease of industrial park
premise, be currently operating, engaging in business activities in the
industrial parks, sign employment contracts with entities under Clause 1
Article 91 hereof.
2. Entities under Clause 1 Article
91 hereof must, in order to rent worker housing in industrial parks, sign
employment contracts and obtain verification of manufacturing enterprises,
cooperatives, joint cooperatives in industrial parks and enterprises trading
infrastructures in industrial parks.
3. Developers of worker housing
investment and construction projects in industrial parks shall approve entities
eligible for rent of worker housing in industrial parks; if manufacturing
enterprises, cooperatives, and joint cooperatives in industrial parks rent
worker housing and lease to their employees, the manufacturing enterprises,
cooperatives, joint cooperatives shall approve entities eligible for rent. Management
boards of industrial parks are responsible for inspecting approval of entities
eligible for renting worker housing in industrial parks.
Article 94. Planning and land
fund allocation for worker housing development in industrial parks
1. Depending on provincial land use
planning and provincial housing development programs and plans, during
preparation and revision of industrial park construction planning, competent
authority shall decide to allocate land fund from mercantile, service land
reserve of industrial parks to facilitate worker housing in industrial parks
and public service, utility structures serving workers of manufacturing
enterprises, cooperatives, joint cooperatives in the industrial parks. Plots on
which worker housing in industrial parks and public service, utility structures
shall maintain environmental separation distance from manufacturing areas in
industrial parks.
2. The Government shall regulate
conditions for environmental safety, scale, percentage of land area for worker
housing development in industrial parks.
Article 95. Type and
requirements of worker housing development projects in industrial parks
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2. Worker housing investment and
construction projects in industrial parks under Clause 1 of this Article must
meet requirements below:
a) Conform to construction planning
of industrial parks;
b) Satisfy housing demands of
workers in industrial parks defined under provincial housing development
programs and plans;
c) Ensure consistency of technical
infrastructure and social infrastructure, adequate functional areas and spaces
serving accommodation demands such as: healthcare, cultural activities,
playgrounds, sports, services, mercantile, and public services;
d) Have fences, walkways separate
from manufacturing areas in industrial parks, maintain security and safety;
dd) Environmental impact assessment
in accordance with environmental protection laws.
3. Worker housing investment and
construction projects in industrial parks shall be approved by management
boards of industrial parks in terms of investment guidelines and investors in
accordance with regulations applicable to housing investment and regulations
projects according to investment laws; control quality, area standards, and
rent of worker housing in industrial parks.
Article 96. Type and design,
construction standards of worker housing in industrial parks
1. Type of apartment buildings
conforms to detail construction planning approved by competent authority.
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Article 97. Developers of worker
housing investment and construction projects in industrial parks
1. Enterprises trading industrial
park infrastructures shall identify worker housing demands in industrial parks,
prepare and request competent authority to approve planning, invest in construction
of technical infrastructure and social infrastructure of worker housing in industrial
parks.
2. Upon completion of investment
and construction of technical infrastructures and social infrastructures of
worker housing, enterprises trading industrial park infrastructures shall
either implement investment and construction by themselves or lease land to
enable manufacturing enterprises, cooperatives, joint cooperatives in
industrial parks to build worker housing in industrial parks.
Article 98. Incentives for
developers of worker housing investment and construction projects in industrial
parks and enterprises, cooperatives, joint cooperatives renting worker housing
in industrial parks and leasing to their employees
1. Developers of worker housing
investment and construction projects in industrial parks shall be eligible for
incentives under Points a, b, dd, g, and h Clause 2 Article 85 hereof and
incentives below:
a) Costs for investment and
construction of technical infrastructures, social infrastructures of worker
housing in industrial parks are included in industrial park infrastructure
investment;
b) Costs for investment and
construction of worker housing in industrial parks are deemed deductibles for
the purpose of determining taxable income in accordance with corporate income
tax laws.
2. If manufacturing enterprises,
cooperatives, joint cooperatives sublet worker housing in industrial parks to
their employees, worker housing rent shall be deemed reasonable costs in
manufacturing costs for the purpose of determining corporate income tax in
accordance with tax laws.
Article 99. Rent of worker
housing in industrial parks
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Article 100. Rules in leasing
and managing operation of worker housing in industrial parks
1. Rules in leasing worker housing
in industrial parks:
a) A worker in industrial parks is
allowed to rent 1 worker housing in industrial park at any time and is not
allowed to sublet or transfer lease agreement;
b) Upon termination of employment
contracts, tenants must hand over worker housing in industrial parks to the landlords;
c) Manufacturing enterprises,
cooperatives, joint cooperatives in industrial parks shall only sublet worker
housing in industrial parks to their employees.
2. Landlords are responsible for
leasing worker housing in industrial parks to employees in the industrial
parks.
3. Management of worker housing
operation in industrial parks shall conform to Point a Clause 2 Article 90
hereof.
4. The Government shall elaborate
leasing, management, and use of worker housing in industrial parks.
Section 4. HOUSING DEVELOPMENT
FOR PEOPLE’S ARMED FORCES
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1. Entities under Clause 7 Article
76 hereof shall be eligible for support policies regarding housing for people’s
armed forces.
2. The Minister of National Defense
and Minister of Public Security shall promulgate forms proving eligibility for
support policies regarding housing for people’s armed forces under their
management.
Article 102. Housing development
for people’s armed forces
The Ministry of National Defense
and Ministry of Public Security are responsible for identifying housing demands
in respect of entities under Clause 7 Article 76 hereof and sending to
provincial People’s Committees for consolidation in provincial housing
development plans.
Article 103. Forms of housing
development for people’s armed forces
1. The Government shall invest in
housing for people’s armed forces using public investment and enable entities
under Clause 7 Article 76 hereof to rent, lease purchase.
2. The Government shall invest in
housing for people’s armed forces using funding sources under Point b Clause 1
Article 113 hereof to enable entities under Clause 7 Article 76 hereof to rent,
lease purchase.
3. Entities trading real estates
shall fund construction of housing for people’s armed forces to enable entities
under Clause 7 Article 76 hereof to purchase, lease purchase, rent.
Article 104. Land for housing
development for people’s armed forces
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Article 105. Types and
requirements of housing investment and construction projects for people’s armed
forces; types and area standards of housing for people’s armed forces
1. Housing investment and
construction projects for people’s armed forces consist of projects under
Points a, b, c, dd, and e Clause 1 Article 30 hereof.
2. Housing investment and
constructions projects for people’s armed forces shall satisfy requirements
under Article 33 hereof and other requirements stipulated by the Minister of
National Defense and Minister of Public Security. Handover of housing for
people’s armed forces shall conform to Clause 3 and Clause 4 Article 37 hereof.
3. Developers of housing investment
and construction projects for people’s armed forces shall build houses for
sale, lease purchase, lease and are not allowed to transfer land use right to
enable individuals to build houses.
4. Types and area standards of
housing for people’s armed forces shall conform to Points a, b, and c Clause 1
Article 82 hereof.
Article 106. Developers of
housing investment and construction projects for people’s armed forces
1. In respect of housing investment
and construction projects for people’s armed forces that use funding sources
under Clause 1 Article 113 hereof, developers of the projects shall be
determined in accordance with public investment and construction laws.
2. In respect of housing investment
and construction projects for people’s armed forces that do not use funding
sources under Clause 1 of this Article, provincial People's Committees shall
choose developers of the projects in accordance with Clause 4 Article 84
hereof.
3. Developers of housing investment
and construction projects for people’s armed forces under Clause 2 of this
Article have rights and obligations under Clause 5 and Clause 6 Article 84
hereof.
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1. Developers of housing investment
and construction projects for people’s armed forces that use public investment
shall be eligible for incentives under Point a and Point b Clause 2 Article 85
hereof.
2. Developers of housing investment
and construction projects for people’s armed forces that do not use funding
sources under Clause 1 of this Article shall be eligible for incentives under
Clause 2 Article 85 hereof.
Article 108. Determining sale,
lease purchase, rent price of housing for people’s armed forces
1. In respect of housing investment
and construction projects for people’s armed forces that use public investment,
determination of sale, lease purchase, and rent prices shall conform to Article
86 hereof.
2. In respect of housing investment
and construction projects for people’s armed forces that do not use funding
sources under Clause 1 of this Article, sale, lease purchase, and rent prices
shall be determined in accordance with Clauses 1, 2, 3, and 4 Article 87
hereof.
Article 109. Rules of selling,
lease-purchasing, and leasing housing for people’s armed forces and managing
operation of housing for people’s armed forces
1. Selling, lease-purchasing, and
leasing of housing for people’s armed forces shall conform to Article 88 and
Article 89 hereof.
2. Managing of operation of housing
for people’s armed forces shall conform to Article 90 hereof.
3. The Government shall elaborate
procedures for selling, lease-purchasing, and leasing housing for people’s
armed forces.
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Article 110. Support policies
regarding housing for households and individuals building or renovating,
repairing houses by themselves
1. The Government shall provide
support for households and individuals under Clauses 1, 2, and 3 Article 76
hereof that build, renovate, repair houses by themselves in form of national
target programs and public investment programs regarding housing.
2. Support policies regarding
housing for entities under Clause 1 of this Article shall be implemented as
follows:
a) Partial funding support from
state budget;
b) Concessional loan capital from
Bank for Social Policies;
c) Technical infrastructure and
social infrastructure construction in rural areas where houses are located;
d) House gifting for entities that
are still unable to afford housing improvement with support under Point a and
Point b of this Clause.
3. The Government shall provide
concessional loans via Bank for Social Policies, credit institutions designated
by the Government to enable households and individuals under Clauses 1, 2, 3,
4, 5, 6, 7, and 8 Article 76 hereof to build, renovate, and repair houses.
4. Eligibility for concessional
loans provided by the Government via Bank of Social Policies, credit
institutions designated by the Government for entities under Clause 3 of this
Article includes:
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b) They have registered permanent
residence in communes where their homestead land or houses to be built or
renovated, repaired are located.
Article 111. Forms of support
policies regarding housing for households and individuals building or
renovating, repairing houses by themselves
1. The Government shall support
households, individuals building, renovating, and repairing houses by
themselves.
2. The Government shall organize
construction, renovation, and repair of houses of entities under Clauses 1, 2,
and 3 Article 76 hereof that are incapable of building, renovating, repairing
houses.
Chapter VII
FUNDING FOR HOUSING DEVELOPMENT
Article 112. Funding sources for
housing development
1. Equity of organizations and
individuals.
2. Capital under Clause 1 Article
113 hereof.
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4. Foreign investment.
5. Union funding according to union
laws.
6. Other legitimate funding
sources.
Article 113. Funding sources of
the Government for housing development
1. Funding sources of the
Government for housing development include:
a) Public investment in accordance
with public investment laws;
b) Funding from government bonds,
bonds, ODA, concessional loans of sponsors, investment development credit
capital of the Government; capital mobilized from land development fund, other
non-budget Government financial fund as per the law.
2. Funding sources under Clause 1
of this Article shall be used by the Government for development of official
housing, social housing, housing for people’s armed forces, relocation housing,
renovation and reconstruction of apartment buildings, other public housing in
accordance with this Law.
Article 114. Forms of capital
mobilization for housing development
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a) Capital contribution, investment
cooperation, business collaboration, joint venture of organizations and
individuals;
b) bond, stock, fund certificate
issuance as per the law;
c) Capital funding from funding
sources under Clause 1 Article 113 hereof;
d) Loan from credit institutions,
financial organizations operating in Vietnam;
dd) capital loan from Bank for
Social Policies;
e) Direct foreign investment in
Vietnam;
g) Other legitimate funding
sources.
2. The Government shall elaborate
conditions of each form of capital mobilization for housing development.
Article 115. Capital for development
of each type of housing
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a) Capital of developers of
residential real estate investment and construction projects;
b) Funding mobilized via capital
contribution, investment cooperation, business collaboration, joint venture of
organizations and individuals;
c) Funding mobilized via bond,
stock, fund certificate issuance as per the law;
d) Housing purchase, lease purchase
advance, arrears, installment payments according to contracts for sale, lease
purchase of off-plan property;
dd) Loan capital from credit
institutions and financial organizations operating in Vietnam.
2. Capital for official housing
development consists of:
a) Funding provided by the state
budget, including central government budget and local government budget;
b) Other legitimate funding
sources.
3. Funding for social housing
policies consists of:
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b) Funding mobilized via capital
contribution, investment cooperation, business collaboration, joint venture of
organizations and individuals;
c) Capital of entities eligible for
support policies regarding social housing;
d) Capital under Clause 1 Article
113 hereof;
dd) Capital provided directly by
the Government for entities eligible for social housing policies; concessional
loan made via Bank of Social Policies or credit institutions designated by the
Government;
e) Union funding for project
execution under Clause 4 Article 80 hereof;
g) Loan capital from credit
institutions and financial organizations operating in Vietnam;
h) Direct foreign investment made
to Vietnam;
i) Other legitimate funding
sources.
4. Capital for relocation housing
development, renovation and reconstruction of apartment building consists of:
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b) Funding mobilized via capital
contribution, investment cooperation, business collaboration, joint venture of
organizations and individuals;
c) Capital under Clause 1 Article
113 hereof;
d) Capital from land development
fund;
d) Capital from compensation,
support, relocation payments upon premise clearance as per the law, capital
contributed by relocated individuals in respect of apartment building
renovation and reconstruction projects;
e) Loan capital from credit
institutions and financial organizations operating in Vietnam;
g) Other legitimate funding
sources.
5. Capital for personal housing
development consists of:
a) Personal capital;
b) Cooperation capital between
individuals; contributions of relatives, community;
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d) Funding of the Government in
respect of cases eligible for support policies regarding social housing;
dd) Other legitimate funding
sources.
Article 116. Rules in mobilizing
and using housing development capital
1. Capital mobilization for housing
development shall conform to principles below:
a) Appropriate form of mobilization
is implemented;
b) Conditions for capital
mobilization are met in accordance with housing laws;
c) Capital mobilization is
appropriate to each type of housing in accordance with this Law;
d) Compliance with anti-money
laundering laws is guaranteed;
d) Compliance with bidding laws and
other relevant laws is guaranteed; in case of state funding mobilization in
accordance with Article 113 hereof, compliance with state budget and public
investment laws is also guaranteed;
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2. Capital mobilization that does
not conform to appropriate forms or does not meet conditions applicable to
specific types of houses in accordance with housing laws, capital mobilization
shall be illegitimate.
3. The use of capital for housing
development shall conform to principles below:
a) ensure transparency; protect
legitimate rights and benefits of entities whose capital is mobilized;
b) the use must serve housing
development and execution of housing investment and construction projects;
mobilized capital must not be used for other purposes;
c) allocation and use of funding
sources for housing development shall conform to approved provincial housing
development programs and plans.
Article 117. Concessional loans
via Bank for Social Policies for social housing development
1. The Bank for Social Policies
shall grant concessional loan at low interest rates and extended loan term via
capital allocation from budget for Bank for Social Policies for execution of
national target programs, public investment programs regarding housing and construction
of social housing, housing for people’s armed forces according to regulations
of the Government and Prime Minister from time to time.
2. The Bank for Social Policies is
allowed to mobilize saving deposits of domestic households, individuals that
wish to purchase, lease-purchase social housing, housing for people’s armed
forces in order to grant loan to these entities at preferential interest rates
and extended loan term following a definite duration of saving deposit.
3. The Bank for Social Policies
shall keep separate entries for management and use of funding sources in
accordance with Clause 1 and Clause 2 of this Article.
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Chapter VIII
HOUSING MANAGEMENT AND USE
Section 1. GENERAL PROVISIONS
Article 118. Details of housing
management and use
1. Production, storage, transfer,
and management of housing dossiers.
2. Management and use of housing of
artistic, architectural, cultural, historical value.
3. Management and use of public
housing.
4. Insurance, warranty,
maintenance, renovation, demolition of houses.
Article 119. Production of housing
dossiers
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2. Housing dossiers of
single-family houses and apartment buildings shall be regulated as follows:
a) In respect of houses in urban
areas and rural areas established before July 1, 2006, documents proving
legitimate establishment of houses or housing declaration is required in
accordance with housing laws;
b) In respect of houses in urban
areas established from July 1, 2006 and onwards, housing dossiers shall consist
of documents proving legitimate housing establishment, documents identifying
consultancy units, construction units, design drawings, plan drawings of houses
and land, as-built dossiers in accordance with construction laws (if any);
c) In respect of houses in rural
areas established from July 1, 2006 and onwards, housing dossiers shall consist
of documents proving legitimate housing establishment and design drawings, plan
drawings of houses and land (if any);
d) In respect of housing
construction in projects, housing dossiers shall consist of dossiers of housing
investment and construction projects and as-built dossiers in accordance with
construction laws.
Article 120. Storage, transfer,
and management of housing dossiers
1. Organizations and individuals
storing housing dossiers shall be regulated as follows:
a) Owners or current users of
houses if owners have not been identified and organizations assigned to manage
public housing are responsible for storing housing dossiers; transfer, storage,
and management of apartment building dossiers shall conform to Regulation on
management and use of apartment buildings;
b) District housing authorities are
responsible for storing housing dossiers of domestic households and individuals
and overseas Vietnamese;
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2. Competent authority shall, upon
issue certificate, provide housing information under Clause 2 Article 119
hereof to peer housing authorities for establishment of housing dossiers.
Provincial People’s Committees
shall decide on cooperation in housing information exchange between competent
authority issuing certificate and local housing authorities in order to
maintain consistency regarding housing and land information in housing
dossiers.
Article 121. Management and use
of single-family houses in housing investment and construction projects
1. If developers of housing
investment and construction projects manage single-family housing area upon completion
of investment and construction process, the developers are responsible for managing
exterior architecture of single-family houses that have been handed over to
owners in accordance with approved design dossiers; manage and maintain
technical infrastructures and social infrastructures in accordance with
approved projects unless the Government manages in accordance with decision and
investment guidelines approval.
If developers of housing investment
and construction projects do not manage single-family housing complexes in
projects, provincial People’s Committees are responsible for managing exterior
architecture in accordance with approved planning and regulation on
architecture management projects or assigning district People’s Committees to
manage.
If housing investment and
construction projects permit transfer of land use right to enable individuals
to build houses, construction shall adhere to approved planning and
architecture management regulations.
2. Developers of housing investment
and construction projects may separate and name individual single-family
housing complexes subject to planning and built separately in the projects for
management. The naming of projects and areas therein shall conform to Article
33 hereof.
3. When houses are transferred and
used, developers of housing investment and construction projects, owners and
users of houses are allowed to establish their own management board that
manages housing exterior architectural maintenance, takes care of trees,
gardens, maintains utilities, technical infrastructures serving the housing
complexes, except for technical infrastructures transferred to the Government
or handed over to developers of housing investment and construction projects by
the Government for management and maintenance. Composition of internal
management board of housing complexes includes representatives of owners, users
of the area and representatives of developers of housing investment and
construction projects (if any).
4. Owners, users of houses in
single-family housing complexes shall hold meetings to establish internal
management board of housing complex including quantity, composition of members,
review regulations and operation tenure of internal management board of housing
complex, regulations on management and use of housing complex, decision on
contributions to pay for members of internal management board, care of trees,
gardens, maintenance of utilities and technical infrastructures serving housing
complexes except for cases where the Government or developers of housing
investment and construction projects are not responsible for management.
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6. Developers of housing investment
and construction projects may provide financial support to enable housing
complex management board to take care of trees, gardens, maintain utilities,
technical infrastructures for cases where the Government or developers of
housing investment and construction projects are not responsible for
management. Implementation of tasks under this Clause shall be carried out by
developers of housing investment and construction projects; if the developers
do not carry out tasks, internal management boards shall hire other competent
entities for implementation.
Article 122. Management and use
of housing of artistic, architectural, cultural, historical value.
1. Houses with artistic,
architectural, cultural, historical value, including old villas, regardless of
form of ownership shall be determined as follows:
a) Houses classified as national or
provincial historical - cultural heritages by competent authorities;
b) Houses other than those under
Point a of this Clause but specified under lists approved by provincial
People’s Committees in accordance with Clause 2 of this Article.
2. Provincial People’s Committees
shall establish councils consisting of representatives of provincial
architecture, construction, cultural authorities, relevant industry and
scientist associations in order to define criteria and list of housing of
artistic, architectural, cultural, historical value in the provinces. The
councils are responsible for presenting lists of housing of artistic,
architectural, cultural, historical value in the provinces to enable provincial
People’s Committees to approve as per the law.
3. The management and use of houses
in Clause 1 of this Article shall conform to this Law, architecture laws,
cultural heritage laws, and other relevant laws; in case of public housing,
regulations under Section 2 of this Chapter shall also be adhered to; in case
of villas, regulations under Article 123 hereof shall also be adhered to.
4. Expenditure on management,
preservation, maintenance, renovation of housing under Point a Clause 1 of this
Article and public housing shall be provided by state budget.
In respect of houses that are not
public housing but fall under cases in Point b Clause 1 of this Article,
depending on local conditions, provincial People’s Committees shall decide to
provide funding, in part or in whole, to enable owners to manage, preserve,
maintain, and renovate these houses.
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Article 123. Management and use
of villas
1. Villas shall be divided into 3
categories:
a) Category one villas refer to
villas deemed cultural - historical heritages in accordance with cultural
heritage laws; villas of architectural characteristic values and antique villas
defined by councils under Clause 2 Article 122 hereof and proposed to
provincial People’s Committees for approval;
b) Category two villas refer to
villas that do not fall under Point a of this Clause but possess artistic,
architectural, cultural, and historical value defined by councils under Clause
2 Article 122 hereof and are proposed to provincial People’s Committees for
approval;
c) Category three villas refer to
villas that do not fall under Point a and Point b of this Clause.
2. The management, use,
maintenance, and renovation of villas shall adhere to principles below:
a) Villas shall adhere to this Law,
planning laws, architecture laws, and construction laws; villas of artistic,
cultural, historical values shall also adhere to cultural heritage laws;
b) Category one villas shall have
their exterior architecture, including architectural form; interiors
architecture; building density, number of storey, and height retained;
c) Category two villas shall have
their exterior architecture retained.
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1. Housing repurposing shall be
allowed for the purpose of:
a) repurposing relocation housing
to social housing;
b) repurposing unused official
housing or social housing to relocation housing;
c) repurposing houses under Point d
Clause 1 Article 13 hereof to official housing or social housing for lease;
d) under or circumstances according
to decisions of Prime Minister on the basis of propositions of the Ministry of
Construction.
2. Repurposing under Clause 1 of
this Article shall adhere to principles below:
a) The repurposing is appropriate
with approved provincial housing development programs and plans; not cause loss
of public property;
b) Repurposed houses shall be used
effectively, for the right purpose, and adhere to standards, technical
regulations of repurposed houses;
c) Approval by the Ministry of
Construction or provincial People’s Committees is required.
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Section 2. MANAGEMENT AND USE OF
PUBLIC HOUSING
Article 125. Management and use
of public housing
1. Public housing shall be used for
the right purpose, effectively and in a manner that avoids loss and waste;
lease, lease purchase, and sale of houses shall be made to the right entities,
with sufficient eligibility, and in accordance with this Law. Sale and lease
purchase payments of public housing less reasonable costs shall be allocated in
budget expenditure estimates for investment and construction social housing
under public ownership.
2. Official housing shall only be
leased; social housing and housing for people’s armed forces shall be leased,
lease-purchased, and sold or leased and lease-purchased if they are built by
using public investment.
If investment and construction of
social housing or housing for people’s armed forces are required, representatives
of owners of public housing shall produce schemes for sale of social housing
and housing for people’s armed forces currently under lease, except for social
housing and housing for people’s armed forces whose investment and construction
utilize funding sources under Point b Clause 1 Article 113 hereof and send to
Ministry of Construction for appraisal, to Prime Minister for decision in
accordance with regulations of the Government.
3. The lease and sale of public
housing under Point d Clause 1 Article 13 hereof shall only be implemented in
the absence of disputes and lawsuits regarding public housing use right in
accordance with regulations on settling disputes, conflicts, lawsuits, and
denunciations and in situations where lease or sale of such public housing is
allowed.
Cases of arrangement and use of
public housing under Point d Clause 1 Article 13 hereof from January 19, 2007
shall conform to this Law and public asset management and use laws; if the
Government no longer uses such public housing, the public housing shall be sold
in accordance with regulations on sale of public asset under public asset
management and use laws.
4. Tenants of official housing
shall, upon being ineligible for renting official housing or relocating or
violating housing management and use regulations that result in repossession,
shall return official housing to the Government.
If individuals return official
housing that is not a result of housing repossession due to violation of Points
a, e, and h Clause 1 Article 127 hereof and lack accommodation after returning
official housing, superior agencies and organizations of these individuals are
responsible for cooperating with provincial People’s Committees where the
individuals reside in, depending on specific conditions, enabling purchase,
lease purchase, rent of social housing or allocating homestead land to enable
them to build houses.
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a) Organizations or enterprises
specifically capable in managing housing operation implement and receive
benefits applicable to public services;
b) Representatives of owners of
public housing invested and built by using funding sources under Point a Clause
1 Article 113 hereof assign entities managing housing operation to manage
housing operation, in case of apartment buildings, these entities shall be
sufficiently capable in accordance with this Law; in respect of absence of
sufficiently capable entities managing housing operation, organize biddings to
choose managing entities.
6. The management and use of
repossessed housing shall conform to Article 127 hereof.
Article 126. Entities,
eligibility for renting, lease-purchasing, purchasing public housing
1. Entities eligible for renting,
lease-purchasing, purchasing public housing:
a) Entities under Clause 1 Article
45 hereof are only eligible for renting official housing;
b) Entities under Clauses 1, 2, 3,
4, 5, 6, 7, 8, 9, and 10 Article 76 hereof are eligible for renting,
lease-purchasing, purchasing social housing; entities under Clause 7 Article 76
hereof are eligible for renting, lease-purchasing, purchasing housing for
people’s armed forces if they have not been able to rent, lease-purchase, or
purchase social housing;
c) Entities under Clause 10 Article
76 hereof are eligible for renting, lease-purchasing, purchasing relocation
housing if they have not been able to rent, lease-purchase, purchase social
housing;
d) Entities currently using houses
under Point d Clause 1 Article 13 hereof are eligible for renting or purchasing
said houses;
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2. Eligibility for renting,
lease-purchasing, purchasing public housing:
a) Entities satisfying conditions
under Clause 2 Article 45 hereof are eligible for renting public housing;
b) Entities satisfying conditions
under Clause 1, Clause 2, or Clause 8 Article 78 hereof are eligible for
renting, lease-purchasing, purchasing social housing; entities under Clause 10
Article 76 hereof who have not been allocated with relocation housing and/or
relocation homestead land are eligible for renting, lease-purchasing,
purchasing social housing. Entities satisfying Clause 6 Article 78 hereof are
eligible for renting, lease-purchasing, purchasing housing for people’s armed
forces.
Entities under Clause 11 Article 76
hereof are eligible for renting housing during period of studying;
c) Entities subject to land
expropriation or clearance according to decision of competent authorities and
ineligible for renting, lease-purchasing, purchasing of social housing are
eligible for renting, lease-purchasing, purchasing relocation housing;
d) Entities using houses, able to
present documents proving housing arrangement and use, and wishing to rent or
purchase the housing are eligible for renting or purchasing housing in
accordance with Point d Clause 1 Article 13 hereof.
3. Entitlement to sign contracts
for lease, lease purchase, purchase of public housing:
a) In respect of lease-purchasing
or purchasing of social housing and housing for people’s armed forces or sale
and purchase of housing under Point d Clause 1 Article 13 hereof, the contracts
shall be signed between buyers/tenants, buyers with assigned housing
authorities;
b) In respect of renting,
lease-purchasing, purchasing relocation housing, the contracts shall be signed
between relocating individuals and entities arranging relocation;
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d) In case of students, lease
agreements shall be signed between the tenants and education institutions or
assigned housing authorities.
4. The Government shall elaborate
determination of date on which housing arrangement is implemented, eligible
entities, eligibility for renting, purchasing housing, sale and lease of
houses, determination of rent and sale price in respect of housing under Point
d Clause 1 Article 13 hereof; price determination and management of revenues
generated by lease, lease purchase, sale of housing under Point d Clause 1
Article 13 hereof; management, use, and operation of public housing.
Article 127. Cases of
repossession and enforced repossession of public housing
1. The repossession of public
housing shall be implemented if:
a) Lease, lease purchase, sale of
houses is implemented in a manner that does not respect entitlement, eligible entities,
or eligibility in accordance with housing laws; or
b) Lease period ends according to
contracts where tenants no longer wish to rent or both parties agree to
terminate lease agreement; or
c) Tenants, buyers/tenants
returning leased, lease-purchased houses; or
d) Tenants are no longer eligible
for renting houses in accordance with this Law; or
dd) Tenants decease or are declared
missing by the court and no other cohabitants are present; current tenants of
official housing decease or are declared missing by the court; or
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g) Houses for lease, lease purchase
are subject to mandatory demolition for renovation or reconstruction according
to decision of competent authority; houses do not meet safety requirements in
accordance with construction laws; or
h) Tenants and buyers/tenants fail
to use houses for the right purposes defined in contracts for lease, lease purchase
or repurposing, selling, subletting, lending houses without permission or
reshaping, expanding, renovating, demolishing houses; or
i) Tenants of official housing are
mobilized, reassigned, seconded to other areas; or
k) Houses are illegally
appropriated.
2. Tenants, buyers/tenants, buyers,
users subject to housing repossession under Clause 1 of this Article must hand
over the houses to assigned housing authorities; failure to hand over houses
shall cause representatives of owners of public housing to decide on enforced
repossession. Provincial People’s Committees are responsible for organizing
enforced repossession or assigning district People’s Committees where the
houses are located to implement enforced repossession within 30 days from the
date on which decision on enforced repossession is issued.
Once repossession is complete,
depending on specific circumstances, competent authorities may repurpose or
manage, arrange lease, lease purchase, or sell in accordance with this Law.
3. The Government shall elaborate
procedures for repossession and enforced repossession of public housing.
Section 3. INSURANCE, WARRANTY,
MAINTENANCE, RENOVATION OF HOUSES
Article 128. Housing insurance
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2. Insurance form, premiums, and
terms shall conform to insurance business laws and fire safety laws.
3. If house owners has paid
insurance premiums in accordance with this Article after which point their
houses are burned, they shall be eligible for insurance claim according to
signed insurance contracts.
Article 129. Housing insurance
1. Organizations and individuals
building houses shall provide warranty in accordance with construction laws;
organizations and individuals providing housing equipment shall provide
warranty for the equipment during the periods stipulated by the manufacturers.
In case of housing investment and
construction for sale and/or lease purchase, sellers and sellers/landlords are
responsible for providing warranty in accordance with Clause 2 and Clause 3 of
this Article. Sellers, sellers/landlords have the right to request constructing,
equipment supplying organizations and individuals to provide warranty as per
the law.
2. Houses shall be subject to
warranty from the date on which they are constructed and commissioned for:
a) at least 60 months in case of
apartment buildings;
b) at least 24 months in case of
single-family houses;
3. Warranty includes repair,
remediation of damage to frames, pillars, girders, floor, walls, ceilings,
roofs, rooftops, staircases, plasters, boards, gas supply system, power supply
system, lighting power supply system, water tanks, water supply system, septic
tanks, wastewater drainage system, slanted surfaces, depression, fissures, and
other works agreed upon in sale and lease purchase agreements. In respect of
other equipment associated with houses, sellers and sellers/landlords shall
repair and replace in accordance with regulations of manufacturers.
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1. House owners are responsible for
maintaining houses; if owners have not been identified, current managers and
users are responsible for managing the houses. Owners of apartment buildings
are responsible for maintaining private area and contributing funding for
maintenance of common area of apartment buildings.
2. Details and procedures for
maintenance and management of apartment building maintenance dossiers shall
conform to construction laws.
In respect of houses under Clause 1
Article 122 hereof, architecture laws, planning laws, and cultural heritage
laws shall be adhered to.
3. House owners, entities maintaining
houses shall guarantee safety for humans, property, hygiene, and environment
during maintenance process; maintenance of public housing shall also adhere to
Article 133 hereof.
Article 131. Housing renovation
1. House owners are allowed to
renovate houses that they own; individuals other than owners of a house are
only allowed to renovate the house if the owners of the house agree.
2. Housing renovation shall adhere
to this Law and construction laws; if the law mandates housing renovation
projects, approved projects shall be adhered to. Renovation of public housing
shall also adhere to Article 133 hereof.
3. In respect of villas under
Clause 1 Article 123 hereof, renovation shall adhere to planning laws,
architecture laws, cultural heritage laws; if the law mandates approval of
competent authority prior to renovation, housing authorities shall adhere to
written approval of competent authorities.
4. In respect of old villas under
Point a and Point b Clause 1 Article 123 hereof, regulations below shall also
be adhere to:
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b) Demolition is not allowed if
villas are not severely damaged and/or prone to collapse according to
inspection conclusion of provincial housing authority; if demolition for reconstruction
is required, original architecture, material, building density, number of
storeys, and height of villas shall be respected;
c) Additional structures are not
allowed for the purpose of increasing area or expanding, expropriating area
outside of the villas.
Article 132. Maintenance and
renovation of leased houses
1. Landlords have the right to
maintain, renovate houses if tenants agree except for emergencies or force
majeure. Tenants are responsible for enabling landlords to implement housing
maintenance and renovation.
2. Landlords have the right to
reasonably adjust rent after renovating if remaining rental period is at most
one-third of total rental period in lease agreements; if tenants do not agree
with rent adjustment, they have the right to unilaterally terminate lease
agreement and receive compensation as per the law.
3. If tenants must relocate in
order to facilitate housing maintenance or relocation, the parties shall
negotiate temporary accommodation and rent during periods of maintenance and
relocation; if tenants arrange their own accommodation and have paid rent in
advance for the entirety of periods of maintenance and relocation, landlords
shall reimburse the rent incurred by tenants. Periods of maintenance or
renovation shall not be included in the term of lease agreements. Tenants may
continue to rent once renovation and maintenance complete.
4. Tenants have the right to
request landlords to maintain houses unless houses are damaged by the tenants;
if landlords fail to maintain houses, tenants have the right to maintain houses
as long as the they inform landlords at least 15 days in advance. Written
notice shall state level of maintenance and expenditure. Landlords shall pay
maintenance costs or deduct maintenance costs from rent.
Article 133. Maintenance and
renovation of public housing
1. Maintenance and renovation of
public housing shall be approved by competent authority and compliant with this
Law and construction laws. In respect of maintenance of apartment buildings under
public ownership, representatives of owners of public housing shall assigned
operational managing entities to perform maintenance if they are sufficiently
capable for maintenance work; if these entities are incapable of performing
maintenance, biddings for selection of entities sufficiently capable of
maintenance work shall be implemented.
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Article 134. Maintenance and
renovation of housing under shared ownership
1. Owners of housing under shared
ownership have the right and responsibility to maintain, renovate housing
sections that they own; if ownership of each owner cannot be identified,
responsibility for maintenance and renovation shall be evenly distributed among
owners. Maintenance and renovation of housing under shared ownership shall be
agreed upon by all owners; maintenance and renovation of apartment buildings
shall conform to this Law and Regulations on management and use of apartment
buildings.
2. Expenditure on maintenance and
renovation of sections under shared ownership shall be distributed among owners
corresponding to percentage of their ownership unless otherwise agreed upon by
the owners. In respect of apartment buildings under ownership of multiple
owners, maintenance costs shall conform to Section 4 Chapter IX hereof.
Article 135. Rights and
obligations of housing owners in housing maintenance and renovation
1. Regarding housing maintenance
and renovation, owners have the right to:
a) perform maintenance or
renovation or hire organizations, individuals to perform maintenance and
renovation; hire entities, individuals capable of maintenance and renovation if
the law stipulates that maintenance and renovation must be performed by
competent organizations and individuals;
b) request competent authorities to
issue construction permit if renovation process requires construction permit
and facilitate maintenance, renovation of housing once all conditions according
to construction laws are met;
c) exercise other rights as per the
law.
2. Regarding housing maintenance
and renovation, owners have the obligation to:
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b) compensate other organizations
and individuals for damage caused;
c) perform other obligations as per
the law.
Section 4. HOUSING DEMOLITION
Article 136. Cases of mandatory
demolition
1. Cases of mandatory demolition:
a) Houses are severely damaged,
prone to collapse, not safe for users according to quality inspection
conclusion of provincial housing authorities where the houses are located or in
state of emergency, natural disaster preparedness;
b) Apartment buildings subject to
mandatory demolition under Clause 2 Article 59 hereof;
c) Houses are cleared for land
expropriation according to decision of competent authorities;
d) Houses are built in areas where
construction is prohibited or on land that is not homestead land according to
approved planning;
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2. Demolition under Clause 1 of
this Article shall conform to this Law and construction laws.
Article 137. Demolition
responsibility
1. House owners or managers, users
are responsible for demolition; if houses are cleared for reconstruction of
houses or other structures, developers of housing investment and construction
projects shall be responsible for demolition.
2. House owners shall demolish
their houses if they are capable in accordance with construction laws or hire
competent organizations and individuals.
3. Demolition of apartment
buildings shall conform to Chapter V hereof.
4. Commune People’s Committees are
responsible for monitoring and expediting demolition work in their communes.
Article 138. Demolition
requirements
1. People and property must be
evacuated from demolition site.
2. Signs must be erected and
measures must be taken to isolate from adjacent areas.
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4. If demolition solutions are
required according to construction laws, house owners, managers, users, and
developers of housing investment and construction projects shall produce
demolition solutions prior to implementation.
5. Demolition of houses in
residential areas must not be performed from 12 p.m. to 1 p.m. and from 10 p.m.
to 5 a.m. except for cases of emergencies.
Article 139. Enforced demolition
1. If a house is subject to
mandatory demolition under Article 136 hereof and its owners, managers, users,
or developers of housing investment and construction projects fail to
voluntarily perform demolition, competent authority under Clause 2 of this
Article shall promulgate decision on enforced demolition.
2. Entitlement to promulgate decision
on enforced demolition:
a) Chairpersons of district
People’s Committees shall promulgate decision on enforced demolition of houses
for land expropriation under Point c Clause 1 Article 136 hereof, enforced
demolition of single-family houses under Points a, d, and dd Clause 1 Article
136 hereof;
b) Chairpersons of provincial
People’s Committees shall promulgate decision on enforced demolition of
apartment buildings under Points a, b, d, and dd Clause 1 Article 136 hereof.
3. District People’s Committees are
responsible for organizing enforced demolition in accordance with decision on
enforced demolition under Clause 2 of this Article.
4. Expenditure on enforced
demolition:
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b) If house owners, managers, users
and developers of housing investment and construction projects fail to incur
expenditure on enforced demolition and relevant costs, competent authority
shall issue decision on seizure of property in order to fund demolition.
Article 140. Accommodation of
house owners during demolition
1. House owners shall arrange their
accommodation in the event of demolition, except for Clause 2 and Clause 3 of
this Article.
2. In case of demolition for land
expropriation, accommodation for house owners shall be resolved in accordance
with policies on relocation housing when the Government expropriates land in
accordance with this Law and land laws.
3. In case of demolition of
apartment buildings, accommodation of apartment building owners shall be
resolved in accordance with Article 72 hereof.
Article 141. Demolition of
leased houses
1. Landlords shall notify tenants
in writing of demolition at least 90 days in advance unless demolition is
performed in case of emergencies or in accordance with decisions of competent
authority.
2. In case of demolition for
reconstruction where rent term has not expired, landlords are responsible for
arranging accommodation for tenants during demolition and reconstruction
process unless the tenants arrange accommodation by themselves. Once
construction completes, tenants may continue to rent until the expiry of the
contracts unless the tenants no longer wish to rent; if the tenants arrange
accommodation by themselves, they are not required to pay rent during
demolition and reconstruction process. Duration of demolition and
reconstruction is not included in effective period of lease agreements.
Chapter IX
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Section 1. GENERAL PROVISIONS
Article 142. Private areas and
common areas in apartment buildings
1. Private areas in apartment
buildings include:
a) Area in flats, including area of
balconies and loggias associated with the flats;
b) Other area in apartment
buildings recognized as to be under ownership of apartment building owners;
c) Equipment system associated to
flats or other area under sole ownership of apartment building owners, other
than equipment under joint ownership Clause 2 of this Article.
2. Common areas of apartment
buildings include:
a) Remaining area of apartment
buildings less private area under Clause 1 of this Article; community house of
apartment buildings;
b) Load-bearing space and
structures, equipment for common use in apartment buildings including:
load-bearing frames, pillars, walls, exterior walls, walls separating flats,
floors, ceilings, roofs, rooftops, corridors, staircases, elevators, means of
egress, garbage chutes, utility boxes, exterior walls of utility boxes (if
any), power supply system, water supply system, gas supply system,
communication system, radio system, television system, water drainage system,
septic tanks, lightning protection, fire protection, and other sections not
under sole ownership of apartment building owners;
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d) Public structures in apartment
building vicinity not for business purposes or not to be handed over to the
Government in accordance with approved projects including: common yards, flower
gardens, parks, and other structures defined in approved projects.
3. Area and equipment under private
ownership and joint ownership under this Article shall be clearly defined in
contracts for purchase, lease purchase of property or other areas in apartment
buildings; if said area and equipment are not clearly defined in contracts for
purchase, lease purchase of property, they shall be determined in accordance
with this Article.
Article 143. Determination of
usable area of flats, other area in apartment buildings; classification of
apartment buildings
1. Usable area of flats and other
area in apartment buildings under sole ownership of apartment building owners
shall be determined by carpet area, including area of walls inside flats,
balconies, loggias (if any) and not including area of walls surrounding flats,
walls separating flats, floor area occupied by pillars, utility boxes, and
walls surrounding utility boxes (if any) in flats. For the purpose of
calculating balcony area, calculate the entire floor area; if balcony contains
common wall, balcony area shall also include the inside of common walls.
For the purpose of calculating
loggia area, calculate the entire floor area from the inside of common walls or
walls surrounding flats.
In case of equipment or elements
associated with balconies and/or loggias but are considered vertical surface of
the structure according to approved design dossiers under construction laws,
the equipment and elements shall be considered under joint ownership in
apartment buildings.
2. Determination of area under
Clause 1 of this Article shall conform to Regulations on management and use of
apartment building.
3. Classification of apartment
buildings shall conform to regulation of the Government.
Article 144. Parking space in
apartment buildings
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Charging areas for electric vehicles
shall be located in a manner that complies with construction standards and
regulations.
2. Determination of ownership and
use right of parking spaces:
a) Parking spaces for bicycles,
motorbikes, motorized tricycles, mobility aids for people with disability for
apartment building owners and users shall be considered under joint ownership
and common use right of apartment building owners;
b) Parking spaces of motor vehicles
intended for apartment building owners shall be available of purchase or rent
by buyers, buyers/tenants of flats or other area in apartment buildings; if
buyers, buyers/tenants do not buy and/or rent these parking spaces, these
parking spaces shall be managed by developers of housing investment and
construction projects and investment construction costs of these parking spaces
shall not be included in sale, lease-purchase price of flats; developers of
housing investment and construction costs are responsible for publicizing
investment and construction costs for motor vehicle parking spaces. Positioning
of motor vehicle parking spaces in apartment buildings shall prioritize
apartment building owners over public parking spaces.
The purchase or rent of motor
vehicle parking spaces under this Point shall be defined in flat purchase,
lease purchase agreements or in separate contracts.
c) Developers of housing investment
and construction project shall hand over parking space plan drawings to
apartment building owners on the basis of approved projects and design which
clearly define parking spaces for apartment building owners and users,
including parking spaces under joint ownership, motor vehicle parking spaces,
and public parking spaces.
3. Vehicle tending service fees
shall conform to price laws.
4. Management of parking space
operation shall conform to Regulation on management and use of apartment
buildings.
Section 2. APARTMENT BUILDING
MEETING AND ADMINISTRATION BOARD
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1. Apartment building meetings mean
meetings of apartment building owners or users if the owners choose not to
attend; in respect of apartment buildings with single owners, the meeting
attendees shall consist of apartment building owners and users.
2. Apartment building meetings
shall be held to decide issues under Clause 3 or Clause 4 of this Article if
all conditions under Regulation on management and use of apartment buildings. Apartment
building meetings shall be held in form of face-to-face meetings or online
meetings or a combination of both due to epidemic and/or natural disasters.
3. In respect of apartment
buildings with multiple owners, apartment building meetings shall be held to
decide issues below:
a) Nomination, election, early
dismissal, dismissal of members of apartment building administration boards;
approval, revision, amendments to regulations on management and use of
apartment buildings.
b) Approval, revision, amendments
to regulations on operation, revenue and expenditure of apartment building
administration boards; wages of members of apartment building administration
boards, and other costs serving operation of apartment building administration
boards;
c) Approval of apartment building
operation management service fees and the use of maintenance costs; in respect
of apartment buildings under Clause 4 Article 155 hereof where parties do not
negotiate distribution of maintenance costs under contracts for apartment
building flat purchase and lease purchase, apartment building meetings shall
review and decide on the distribution of these costs;
d) Decision on selection of
entities managing apartment building operation if developers of housing
investment and construction projects no longer exist or are not capable of
managing apartment building operation or do not engage in management of
apartment building operation or fail to meet requirements agreed upon under
service contracts signed with apartment building administration boards;
dd) Approval of maintenance plan
for common area in apartment buildings;
e)Approval of report on operational
management and maintenance of common area in apartment buildings;
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4. In respect of apartment
buildings with single owners, apartment building meetings shall be held to
decide on issues under Points a, b, and e Clause 3 of this Article. In case of
public apartment buildings, apartment building meetings shall be held to decide
on issues under Point b and Point e Clause 3 of this Article.
5. Decision of apartment building
meetings regarding issues under Clause 3 of this Article shall be approved
under the majority rule in form of election or voting, recorded and signed by
meeting presiding members and secretaries of apartment building meetings.
Article 147. Administration
boards of apartment buildings
1. In respect of apartment
buildings with single owners or apartment buildings with multiple owners and
less than 20 flats, apartment building owners and users shall discuss whether
or not to establish administration boards. Establishment of administration
boards:
a) In respect of apartment
buildings with single owners, administration board shall consist of owner
representatives and apartment building users;
b) In respect of apartment
buildings with multiple owners, composition of administration board shall
conform to Clause 2 of this Article.
2. In respect of apartment
buildings with multiple owners and at least 20 flats, administration boards
shall be required. Administration board shall consist of representatives of
owners, apartment building users in absence of owners, developers of housing
investment and construction projects who no longer own area in apartment
buildings unless developers of housing investment and construction projects do
not assign their representatives to participate in apartment building administration
boards.
3. Administration boards of
apartment buildings with single owners shall operate on an autonomous basis. In
case of public housing, representatives of owners of public housing or housing
authorities shall establish administration boards or assign managing entities.
In respect of apartment buildings
with multiple owners, administration boards shall possess seals and accounts
and exercise rights, responsibilities under Article 147 and Article 148 hereof.
The summon of administration boards, meeting conditions, voting methods, and
other relevant details shall conform to operating regulations of administration
boards approved by apartment building meetings.
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5. The voting, early dismissal, and
dismissal of members of administration boards; determination of number of
members of administration boards; separation and merger of administration boards
and documents, procedures for recognizing administration boards, enforced
transfer of apartment building dossiers shall conform to Regulations on
management and use of apartment buildings.
Article 147. Rights of
administration boards
1. In respect of apartment
buildings with multiple owners, administration boards have the right to:
a) request developers of housing
investment and construction projects to hand over maintenance costs after
administration boards have been established and issued request for handover;
request competent authority to enforced handover of maintenance costs;
b) manage and use maintenance costs
in accordance with this Law and decision of apartment building meetings;
c) request apartment building
meetings to approve service fees of apartment building operational management;
d) receive bonus and other
expenditure according to decision of apartment building meetings;
dd) request competent authority to acknowledge
administration boards;
e) request developers of housing
investment and construction projects to hand over apartment building dossiers;
request competent authority to enforce handover of apartment building dossiers;
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2. In respect of public apartment
buildings, administration boards shall exercise rights under Points d and g
Clause 1 of this Article. In respect of apartment buildings with one other
owner, administration boards shall exercise rights under Points d, dd, and g
Clause 1 of this Article.
Article 148. Responsibility of
administration boards
1. In respect of apartment
buildings with multiple owners, administration boards have responsibility to:
a) register seals and accounts of
administration boards, accounts for management and use of maintenance costs;
receive and manage apartment building dossiers from developers of housing
investment and construction projects and provide for entities managing
apartment building operation in accordance with Regulation on management and
use of apartment buildings;
b) manage and use maintenance costs
in accordance with regulation on revenue and expenditure decided by apartment
building meetings; report revenue and expenditure of these funding in the
apartment building meetings;
c) sign service contracts for
apartment building operational management with developers of housing investment
and construction projects or entities capable of managing apartment building
operation selected by apartment building meetings under Point d Clause 3
Article 145 hereof.
If entities managing apartment
building operation under Clause 1 Article 149 hereof are not required where
apartment building meetings already assign administration boards to manage
operation, administration boards shall collect and spend operational management
costs in accordance with decisions in apartment building meetings;
d) select, sign contracts for
maintenance of common area of apartment buildings and supervise maintenance
work according to Regulations on management and use of apartment buildings. Maintenance
of common area shall be performed by entities managing apartment building
operation or other competent entities in accordance with construction laws;
dd) expedite and request apartment
building owners and users to adhere to apartment building management and use
rules, Regulations on management and use of apartment buildings; collect and
consolidate feedback, propositions of apartment building owners, users
regarding management, use, and apartment building services in order to
cooperate with authorities, relevant organizations, individuals in reviewing
and resolving;
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g) adhere to regulations on
operation, revenue, expenditure of administration boards of apartment buildings
approved by apartment building meetings; not dismiss or include additional
members of apartment buildings;
h) assume legal responsibility to
apartment building owners and users upon failing to exercise rights and
responsibilities under this Clause;
i) adhere to resolving decisions of
competent authorities;
k) perform other tasks assigned by
the apartment building meetings that do not contradict the law.
l) exercise other responsibilities
as per the law.
2. In respect of apartment
buildings with single owners, administration boards shall exercise
responsibilities under Points dd, e, g, h, i, k, and l Clause 1 of this
Article.
3. Decisions of administration
boards that exceed rights and responsibilities under this Law or operation
regulations of administration boards shall be illegitimate; if such decisions
exceed the powers for the purpose of establishing and conducting civil
transactions, actions shall be taken in accordance with the Civil Code; in case
of violation, depending on the nature and severity of violation, members of
administration boards shall be met with administrative penalties or criminal
prosecution; if damage is done, compensation as per the law shall be required.
4. If decisions of members of
administration boards are made as a result of power abuse or exceeding rights
and responsibilities under this Law and operation regulation of administration
boards, such decisions shall be illegitimate; violations shall, depending on
nature and severity, shall be met with administrative penalties or criminal
prosecution; if damage is done, compensation as per the law shall be required.
5. If administration boards are
terminated and new administration boards are not acknowledged, commune People’s
Committees where apartment buildings are located shall exercise
responsibilities of administration boards until new administration boards are
acknowledge.
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Article 149. Entities managing
apartment building operation
1. In respect of apartment
buildings with elevators, entities capable of managing apartment building
operation shall be in charge. In respect of apartment buildings without elevators,
apartment building meetings shall manage apartment building operation or hire
competent entities to manage apartment building operation.
If developers of housing investment
and construction projects directly manage apartment building operation, they must
be capable of managing apartment building operation in according with Article
150 hereof.
2. In case of apartment buildings
requiring managing entities in accordance with Clause 1 of this Article,
apartment owners and users are not allowed to separately hire different service
providers for managing apartment building operation. Entities managing
apartment building operation may sign contracts with service providers for
tasks relating to apartment building operation management but are responsible
for operation management under contracts signed with administration boards.
3. Entities managing apartment
building operation are allowed to manage operation of multiple apartment
buildings in one or multiple locales.
Article 150. Eligibility of
entities managing apartment building operation
1. Entities managing apartment
building operation shall meet requirements below:
a) They are public service
providers or enterprises, cooperatives, joint cooperatives capable of managing
apartment building operation;
b) They have technical, customer
service, security, fire safety, hygiene, environment departments and other
relevant departments for the performance of management services of apartment
building operation;
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2. Entities managing apartment
building operation shall only provide management services after obtaining
notice of eligibility for managing apartment building operation of competent
authority.
3. The Government shall elaborate
this Article.
Article 151. Management service
fees for apartment building operation
1. Determination of management
service fees for apartment building operation shall be open, transparent, and
corresponding to tasks requiring management and services necessary for each
type of apartment buildings.
2. Management service fees for
apartment building operation shall not include premiums of fire insurance,
maintenance costs, vehicle tending costs, fuel costs, energy costs, domestic
water, television services, communication, wages for administration boards,
other service fees for services used by apartment buildings owners and users.
Management service fees for
apartment building operation shall be determined in Vietnamese currency and
calculated for every square meter of usable area of flats or other area in
apartment buildings.
3. In respect of apartment
buildings with multiple owners, management service fees shall be regulated as
follows:
a) If initial apartment building
meetings have not been held, management service fees shall conform to contracts
for housing purchase, lease purchase;
b) If initial apartment building
meetings have been held, management service fees shall be agreed upon by
managing entities and apartment building meetings.
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5. In respect of mixed-use
apartment buildings, management service fees applicable to business and service
areas and private areas used as motor vehicle parking spaces shall be
determined as follows:
a) Management service fees
applicable to business and service areas shall be negotiated by the parties
depending on activities in business area and position of apartment buildings;
b) Management service fees
applicable to private area used as motor vehicle parking spaces shall be agreed
upon by the parties and may be lower than management service fees of flats in
the same apartment buildings.
6. In respect of apartment
buildings serving accommodation, management service fees applicable to private
area serving as motor vehicle parking spaces shall conform to Point b Clause 5
of this Article.
7. Provincial People’s Committees
are responsible for promulgating price range of management service fees for
cases below:
a) Collect management service fees
for apartment buildings under public ownership in provinces and cities;
b) Act as the basis for parties to
consult in negotiation of management service fees in respect of housing that
are not public housing or in case of disputes regarding management service fees
between entities managing apartment building operation and apartment building
owners, users; in case of failure to agree on management service fees, value
under price range stipulated by provincial People’s Committees shall be
applied.
Section 4. MANAGEMENT AND USE OF
MAINTENANCE COSTS OF APARTMENT BUILDINGS WITH MULTIPLE OWNERS
Article 152. Maintenance costs
of apartment buildings with multiple owners
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2. In respect of flats and other
area in apartment buildings which developers of housing investment and
construction projects withhold from selling, lease-purchasing or have not sold,
lease-purchased at the time in which apartment buildings are brought into use
less the common area, developers of housing investment and construction
projects shall incur maintenance costs equivalent to 2% of value of flats and
the withheld area; the value shall be determined by the highest flat selling
price in the apartment buildings at the time in which the apartment buildings
are brought into use.
3. If developers of housing
investment and construction projects sign contracts for purchase,
lease-purchase of flats or other area in apartment buildings before July 1,
2006 and have not charged maintenance costs, apartment building owners shall
hold meetings to agree on payment rate for the maintenance costs; payments may
be made on a monthly basis to accounts in credit institutions or FBBs operating
in Vietnam opened by administration boards or on an case-by-case basis whenever
maintenance is required.
4. If developers of housing
investment and construction projects sign contracts for purchase,
lease-purchase of flats or other area in apartment buildings from July 1, 2006
to before the effective date hereof and the contracts for purchase,
lease-purchase of flats or other area in apartment buildings do not include
negotiation regarding maintenance costs, developers of housing investment and
construction projects shall incur the maintenance costs; if purchase and lease
purchase price under contracts for purchase, lease purchase of flats and other
area in apartment buildings does not include maintenance costs, apartment
building owners shall incur maintenance costs under Clause 3 of this Article.
Article 153. Management and
handover of maintenance costs of apartment buildings with multiple owners
1. Developers of housing investment
and construction projects are responsible for opening accounts for managing
maintenance costs as follows:
a) Prior to signing contracts for purchase,
lease purchase of flats and other area in apartment buildings, developers of
housing investment and construction projects are responsible for opening
checking accounts in credit institutions or FBBs operating in locales where
apartment buildings are located to enable buyers and buyers/tenants and
developers of housing investment and construction projects to submit
maintenance costs in accordance with Article 152 hereof. Within 5 working days
from the date on which accounts are opened, developers of housing investment
and construction projects shall notify provincial housing authorities where the
projects take place of name of account holders, number of accounts, named of
credit institutions, FBBs where accounts are opened, and deposit term. Developers
of housing investment and construction projects are not allowed to request
credit institutions and FBBs to use fundings submitted by the parties to
accounts opened in accordance with this Point of any other purposes if
maintenance costs have not been transferred to administration boards.
If maintenance of work items,
equipment in common area of apartment buildings whose warranty has expired is
required during the period in which maintenance costs have not been transferred
to administration boards, developers of housing investment and construction
projects are responsible for using their expenditure to maintain the work items
and equipment while adhering to construction plan, maintenance plans and
procedures produced in accordance with construction laws. Upon transferring
maintenance costs to administration boards, developers of housing investment
and construction projects are eligible for refund of expenditure used for the
maintenance work as long as they produce specific reports and maintenance
plans, procedures, invoices, instruments proving the maintenance;
b) Upon signing contracts for purchase,
lease purchase of flats and other area in apartment buildings, the parties
shall state information on accounts opened in accordance with Point a of this
Clause in the contracts. Buyers and buyers/tenants shall, prior to receiving
flats and other area in apartment buildings, pay maintenance costs in
accordance with Article 152 hereof to accounts stated in the contracts, copy
and send verification of maintenance cost payment to developers of housing
investment and construction projects; failure to pay maintenance costs shall
result in the purchased, lease-purchased flats and other area not being
transferred; if developers of housing investment and construction projects
transfer anyway, the developers shall pay maintenance costs for these flats and
area.
2. The transfer of maintenance
costs shall be regulated as follows:
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b) Within 30 days from the date on
which written request is issued by administration boards, developers of housing
investment and construction projects and administration boards shall settle
maintenance costs to facilitate transfer of maintenance costs in accordance
with Regulations on management and use of apartment buildings;
c) Depending on maintenance costs
settlement data under Point b of this Clause, developers of housing investment
and construction projects shall request credit institutions and FBBs managing
maintenance expenditure accounts to transfer the maintenance costs and
interests thereof to accounts for funding management opened by administration
boards;
d) Credit institutions and FBBs are
responsible for transferring maintenance expenditure in accordance with Point c
of this Clause to administration boards in accordance with data settled by the
parties. Costs that arise from the transfer maintenance expenditure transfer
shall be deducted from maintenance expenditure.
3. After transferring maintenance
expenditure to administration boards, developers of housing investment and
construction projects are responsible for closing accounts as per the law and
notifying provincial housing authorities of provinces where apartment buildings
in question are located in writing.
4. If apartment buildings generate
revenues in form of services provided in common area, the revenues shall be
deposited to accounts for maintenance expenditure opened by administration
boards or individuals assigned to manage maintenance expenditure if
establishment of administration boards is not required.
Revenues under this Clause and
interests of maintenance expenditure shall be used for maintenance of apartment
buildings.
Article 154. Enforced transfer
of maintenance expenditure of apartment buildings with multiple owners
1. If developers of housing
investment and construction projects fail to transfer maintenance expenditure
in accordance with Clause 2 Article 153 hereof, administration boards shall
request district People’s Committees where apartment buildings in question are
located to request developers of local housing investment and construction
projects to transfer maintenance expenditure.
2. Within 15 days from the date on
which written request sent by administration boards, district People’s
Committees shall request developers of housing investment and construction
projects in writing to transfer maintenance expenditure to administration
boards.
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If developers of housing investment
and construction projects show signs of criminal activities during enforced
transfer of maintenance expenditure, district People’s Committees shall send
written request, relevant documents and proof to competent investigating
authority.
4. The Government shall elaborate
this Article.
Article 155. Use of maintenance
expenditure of apartment buildings with multiple owners
1. Maintenance expenditure shall
only be used for maintenance, placement of work items and equipment under joint
ownership of apartment buildings according to maintenance plans approved by
apartment building meetings. Administration boards are not allowed to use the
maintenance expenditure for managing apartment building operation among other purposes.
If apartment buildings subject to mandatory demolition under this Law and
maintenance expenditure has not been depleted, the remaining expenditure shall
be used for relocation support or added to maintenance fund for common area of
reconstructed apartment buildings.
2. The use of maintenance
expenditure shall be accompanied by invoices, instruments, and reported to
apartment building meetings.
3. If maintenance expenditure has
been depleted, apartment building owners are responsible for incurring
maintenance expenditure upon performing maintenance according to plans approved
by apartment building meetings or irregular maintenance.
4. If separate areas of different
occupancies in mixed-use apartment buildings such as flats, business and service
contain common areas that are physically separate from common areas of apartment
buildings and managed and operated independently, developers of apartment
building investment and construction projects and buyers, buyers/tenants of
flats or other areas in apartment buildings shall negotiate distribution of
maintenance expenditure into multiple parts for management and use.
Negotiation on distribution of
maintenance expenditure under this Clause shall be determined by percentage of
floor area of each occupancy in the apartment buildings over total floor area
of the apartment buildings.
5. Management of maintenance
expenditure under Clause 4 of this Article shall be implemented as follows:
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b) In respect of maintenance
expenditure of service and business occupancies, owners of these occupancies
shall manage and use the expenditure to maintain the common areas of these
occupancies.
6. In respect of apartment
buildings where administration boards are not required according to this Law,
apartment building owners and users shall assign representatives to manage and
decide on the use of maintenance expenditure.
Section 5. MANAGEMENT AND USE OF
TECHNICAL INFRASTRUCTURES IN APARTMENT BUILDING VICINITY
Article 156. Technical
infrastructures of apartment building vicinity to be transferred and date of
transfer
1. Technical infrastructures of
apartment building vicinity built and invested in projects and to be
transferred to the government or local authority or under management of
developers of housing investment and construction projects following project
completion shall be identified in investment guidelines or approved projects.
2. In respect of structures to be
transferred, after commissioning has been performed in accordance with
construction laws, developers of housing investment and construction projects
are responsible for transferring these structures. Depending on approved
schedule or phases of projects, developers of housing investment and
construction projects may transfer, in part or in whole, stand-alone structures
to the government or local authority.
Article 157. Transfer, receipt,
and management of technical infrastructures of apartment building vicinity
1. Developers of housing investment
and construction projects shall send written request for transfer and technical
infrastructure dossiers of apartment building vicinity to competent authority.
2. Agencies receiving transferred
technical infrastructures of apartment building vicinity are responsible for
receiving technical infrastructures for management, operation, use; the
transfer and receipt shall be recorded in writing.
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Article 158. Management,
operation, and use of technical infrastructures in apartment building vicinity
following the transfer
1. In respect of technical
infrastructures in apartment building vicinity to be transferred, receiving
agencies shall manage, operate, and use in accordance with objectives and
occupancies of the structures, maintain accordance with construction laws, and
ensure normal operation of the technical infrastructures.
The Government is responsible for
allocating state budget for managing operation, maintenance, and use of
technical infrastructures in apartment building vicinity that the government or
local authority has received.
2. In respect of technical
infrastructures in apartment building vicinity that are not required to be
transferred, developers of housing investment and construction projects are
responsible for managing, operating, and maintaining in accordance with
objectives, occupancies of the structures, in accordance with the laws and
agreement with apartment building owners, users and ensuring normal operation
of these structures.
Chapter X
HOUSING TRANSACTIONS
Section 1. GENERAL PROVISIONS
Article 159. Housing
transactions
Housing transactions consist of
sale, purchase, lease purchase, rent, gifting, swap, inheritance, mortgage,
capital contribution, lending, lodging, authorization for housing management.
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1. Sale, lease purchase, gifting,
swap, inheritance, mortgage, capital contribution in form of houses shall meet
requirements below:
a) Certificate has been issued for
the houses as per the law, except for cases under Clause 2 of this Article;
b) The houses are not subject to
disputes, complaints, lawsuits regarding ownership as per the law;
c) Term of house ownership is not
expired;
d) The houses are not distained for
judgment implementation or compliance with legally effective administrative
decisions of competent authority or not subject to temporary emergency measures
or preventive measures according to decisions of the court or competent
authority;
dd) The houses are not subject to
decisions on land expropriation, notice on clearance, demolition of competent
authority;
e) Requirements under Point b and
Point c of this Clause do not apply to purchase, lease purchase of off-plan
housing.
2. Certificate is not required in
housing transactions below:
a) Purchase, lease purchase, mortgage
of off-plan housing; housing sale in case of dissolution, bankruptcy;
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c) Purchase, lease purchase of the
following existing houses of developers of housing investment and construction
projects: public housing, social housing, housing for people’s armed forces,
relocation housing that are not under public ownership;
d) Lease, lending, lodging, and
authorization for housing management;
dd) House inheritance.
Documents proving requirements of
houses in transactions under this Clause shall conform to regulation of the
Government.
3. In respect of houses for lease,
in addition to requirements under Points c, d, and dd Clause 1 of this Article,
houses shall also meet quality and safety requirements for tenants, be fitted
with power, water supply, water drainage system, and ensure environmental hygiene
unless otherwise agreed upon by the parties.
Article 161. Eligibility of
parties to housing transactions
1. Sellers, sellers/landlords,
landlords, parties gifting, swapping, bequeathing, pledging, contributing
capital, lending, lodging, authorizing housing management shall meet
requirements regarding subjects of transaction in accordance with civil laws.
2. Individual buyers, buyers/tenants,
parties receiving gifted, swapped, bequeathed, mortgaged, contributed capital,
borrowing, boarding, being authorized to manage houses shall meet requirements
regarding subjects of transactions in accordance with civil laws and regulations
below:
a) In case of domestic individuals,
residence registration in locales where housing transactions take place is not
required;
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3. Organizations buyers,
buyers/tenants, tenants, parties receiving gifted, swapped, bequeathed, mortgaged,
contributed capital, borrowing, boarding, authorized for housing management
shall meet requirements regarding subjects of transactions in accordance with
civil laws and are not dependent on location of business registration and
establishment; foreign organizations must also be eligible for house ownership
in Vietnam according to this Law; organizations authorized for housing
management must also provide real estates trading services and are currently
operating in Vietnam in accordance with real estates trading laws.
Article 162. Procedures for
housing transaction
1. Parties to housing transactions
shall produce contracts for purchase, lease purchase, lease, gift, swap, mortgage,
capital contribution, lending, lodging, housing management authorization
(hereinafter referred to as “housing contracts”) containing details under
Article 163 hereof; in case of gifting charity houses, only gifting agreement
is required.
2. The parties shall agree and
assign one party to submit request for certificate to competent authorities; in
respect of purchase and lease purchase of houses of project developers, project
developers are responsible for requesting competent authority to issue
certificate to buyers and buyers/tenants unless buyers and buyers/tenants voluntarily
request the certificate.
3. If buyers, buyers/tenants,
parties receiving gifted, swapped, contributed capital, bequeathed houses
receive transferred homestead land use right and have the right to receive use
right of homestead land with property, competent authority shall, upon issuing
the certificate, recognize house ownership and homestead land ownership of
receiving parties.
Article 163. Housing contracts
Housing contracts shall be agreed
upon by the parties, recorded in writing, and contain:
1. Full name of individuals, name
of organizations, and address of the parties;
2. Description of houses and plots
associated with said houses.
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3. If capital contribution or
housing transaction value has been dictated by contracts or, in case of
purchase or lease purchase or lease, stipulated by the Government, the parties
must adhere to said regulations and stipulations;
4. Payment deadline and methods in
case of purchase, lease purchase, lease of houses;
5. Time limit for transferring and
receiving houses; warranty period in case of purchase, lease purchase of new
built houses; term of lease purchase, lease, mortgage, lending, lodging,
authorization for housing management; term for capital contribution; term of
ownership in case of term housing purchase;
6. Rights and obligations of the
parties.
In case of housing lease purchase,
rights and obligations of the parties regarding repair of damage to houses
during lease purchase process must be stated;
7. Commitments of the parties;
8. Other agreements;
9. Effective date of the contracts;
10. Date of signing the contracts;
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Article 164. Notarization,
certification, and effective period of housing contracts
1. In case of housing purchase,
lease purchase, gifting, swap, capital contribution, mortgage, notarization or
certification of contracts shall be required except for cases under Clause 2 of
this Article.
In respect of transactions under
this Clause, effective date of the contracts shall be the date on which
notarization or certification is done in accordance with notarization and
certification laws.
2. In respect of gifting of charity
houses; purchase, lease purchase of public housing; purchase, lease purchase of
houses where either party is an organization, such as: social housing, housing
for people’s armed forces, relocation housing; capital contribution in form of
houses where either party is an organization; lease, lodging, authorization for
housing management, notarization and certification of contracts shall not be
required unless specified by the parties.
In respect of transactions under
this Clause, effective date of the contracts shall be negotiated by the parties
or the date on which the contracts are signed.
3. Written housing inheritance
certified or notarized in accordance with civil laws.
4. Notarization of housing
contracts shall be implemented by notarizing organizations; certification of
housing contracts shall be implemented by commune People’s Committees where the
houses are located.
Section 2. HOUSING SALE AND
PURCHASE
Article 165. Sale and purchase
of houses
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2. Parties to housing sale and
purchase transactions shall negotiate on:
a) Period in which the buyers own
houses; rights and obligations of the buyers during time limit for housing
ownership; responsibilities for registering and applying for certificate for
the buyers.
If the parties negotiate on whether
the buyers are allowed to sell, gift, bequeath, contribute capital in form of
houses during time limit for housing ownership, parties receiving contribution
shall only possess houses within the time limit specified in certificate issued
to the sellers, parties gifting, bequeathing, contributing capital;
b) The transfer of houses and
individuals receiving transferred houses at the end of time limit for
ownership;
c) The processing of certificate at
the end of time limit for ownership and responsibilities of the parties in
implementation of housing sale contracts;
d) Other agreements.
3. If housing transactions contain
negotiated time limit for ownership, competent agencies issuing certificate
shall specify time limit for housing ownership in the certificate.
Article 166. Handling of term
housing sale and purchase
In case of term housing sale and
purchase in accordance with Clause 1 Article 165 hereof, the handling shall be
regulated as follows:
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2. Once time limit for housing
ownership expires, certificate issued to the buyers shall be illegitimate. Housing
ownership shall be transferred back to the sellers.
The sellers or legal heirs thereof
shall request competent authority to issue certificate for the houses. Procedures
for issuing certificate under this Clause shall conform to land laws;
3. If initial owners are
organizations that have gone bankrupt, dissolved, or terminated, houses of
these organizations shall be handled in accordance with bankruptcy,
dissolution, or termination laws respectively and ownership of these houses
shall be transferred to individuals and organizations eligible for ownership in
accordance with bankruptcy, dissolution, or termination laws.
If initial owners are individuals
who have died without heirs or have heirs refusing to receive the houses,
ownership of these houses shall be established in accordance with the Civil Code;
4. During periods in which house
ownership is being determined, organizations and individuals that are managing
the houses shall continue to manage the houses without exercising rights of
owners; the transfer of houses shall be done within 3 months from the date on
which ownership of the houses is determined.
Article 167. Sale and purchase
of houses by installments
1. Sale and purchase of houses by
installments shall be negotiated by the parties and specified in housing sale
contracts. During period of installment payment, the buyers have the right to
use houses and responsibility to maintain the houses unless warranty period of
the houses has not expired in accordance with this Law or the parties agree
otherwise.
2. Buyers that pay in installments
are only allowed to sell, gift, swap, mortgage, contribute capital in form of
the houses that they buy after they have adequately paid housing payment unless
otherwise agreed on by the parties.
If organizations buying houses by
installments go bankrupt, dissolve, or terminate during installment process,
rights and obligations of the buyers shall conform to bankruptcy, dissolution,
or termination laws.
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3. If buyers wish to return
purchased houses during installment process to which the sellers agree, the
parties shall negotiate on means of returning houses and settlement of the
housing payments.
Article 168. Sale and purchase
of houses for lease
1. If owners sell houses that are
currently being leased, they must inform the tenants in writing about the sale
and sale eligibility; the tenants shall be prioritized to purchase if they have
paid rent adequately up until the date on which the buyers announce the sale of
leased houses unless otherwise stipulated under the Civil Code. Within 30 days
from the date on which the tenants receive the notification and decide not to
purchase, house owners have the right to sell the houses to other buyers unless
the parties negotiate on other time limit.
2. The sale of public housing that
are currently being leased shall conform to Section 2 Chapter VIII hereof.
Article 169. Priority housing
purchase
If parties have signed housing
purchase agreements and the Government needs to purchase the house for national
defense and security or national interests or state of emergencies or natural
disaster preparedness, Chairpersons of provincial People’s Committee shall
decide on priority purchase of the houses. Costs, requirements, and methods of
housing payment shall conform to contracts signed by the parties. The
Government shall compensate for damage sustained by the parties (if any). Housing
purchase agreements signed by the parties shall be no longer legitimate.
Section 3. HOUSING LEASE
Article 170. Lease term, rent,
and sublet of houses
1. Landlords and tenants shall
negotiate on lease term, rent, and payment methods of periodic payment or
lump-sum payment; if the Government has stipulated rent regulations, the
parties shall conform to said regulations.
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3. Landlords and tenants shall have
their legitimate rights and benefits preserved by the Government during rental
process.
4. Tenants have the right to sublet
their rental property if the landlords agree.
Article 171. Cases of
termination of lease agreements
1. In respect of rental public
housing, termination of lease agreements shall be implemented when any of the
circumstances detailed in Clause 1 Article 127 hereof takes place.
2. In respect of rental non-public
housing, termination of lease agreements shall be implemented when any of the
circumstances detailed below takes place:
a) Lease agreements expire; or in
case of indefinite term lease agreements, the lease agreements expire in 90
days from the date on which the tenants inform the landlords about termination
of lease agreements;
b) The parties agree to terminate
lease agreements;
c) Leased property no longer
exists;
d) Tenants that are individuals die
or are declared missing by the court without cohabitants at the time of death
or missing;
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e) Leased property is severely
damaged, prone to collapse or located in areas subject to decision on land
expropriation, seizure of property or demolition of competent authority; leased
property is forcefully purchased or expropriated by the Government for other
purposes.
Landlords must inform the tenants
in writing at least 30 days in advance about termination of lease agreements
under this Point except for force majeure or other agreements by the parties;
g) Cases under Article 172 hereof
take place.
Article 172. Unilateral
termination of lease agreements
1. Within rent term under agreements,
the landlords must not unilaterally terminate lease agreements and repossess
leased property except in cases under Clause 2 of this Article.
2. Landlords have the right to
unilaterally terminate lease agreements and repossess leased property when:
a) The landlords lease public
housing, social housing, housing for people’s armed forces, worker housing in
industrial parks in a manner that does not respect entitlement, eligible
entities, or eligibility in accordance with housing laws; or
b) The tenants fail to pay rent in
accordance with lease agreements for at least 3 months without justifiable
reasons agreed upon in lease agreements; or
c) The tenants fail to use leased
property for the purposes defined in the lease agreements; or
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d) The tenants repurpose, lend,
sublet leased property without consent of the landlords; or
e) The tenants fail to rectify
after being reprimanded in writing for the third time by the landlords or heads
of neighborhoods, hamlets, villages for causing loss of order, environmental
hygiene, or seriously impacting daily activities of other people; or
g) Cases under Clause 2 Article 170
hereof take place.
3. Tenants have the right to
unilaterally terminate lease agreements when:
a) The landlords fail to repair
severe damage; or
b) The landlords unreasonable
increase rent or increase rent without informing the tenants in advance as
agreed upon in the lease agreements; or
c) The right to use of houses is
limited by benefits of a third party.
4. The party that unilaterally
terminates lease agreements must notify the other party in writing or in other
forms at least 30 days in advance unless otherwise agreed upon by the parties;
violation of this Clause that causes damage shall be met with compensations as
per the law.
Article 173. Right to continued
rent
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2. If house owners transfer ownership
of leased houses to other individuals before expiry of lease term, the tenants
are eligible for continued rent until expiry of lease agreements; new house
owners are responsible for continuing implementation of previously signed lease
agreements unless otherwise agreed upon by the parties.
3. If tenants die before expiry of
rent term, cohabitants of the tenants shall continue rent until expiry of lease
agreements unless rented property is official housing or the parties agree
otherwise or the law stipulates otherwise.
Section 4. HOUSING LEASE
PURCHASE
Article 174. Housing lease
purchase
1. Lease purchase of houses shall
be written into contracts compliant with Article 163 hereof; in respect of
lease purchase of houses invested and built by organizations and individuals,
lease purchase agreements shall be signed between the organizations,
individuals and the buyers/tenants; in respect of lease purchase of public
housing, lease purchase agreements shall be signed in accordance with Point a
and Point b Clause 3 Article 126 of hereof.
2. Upon expiry of lease purchase
term according to contracts and the buyers/tenants have settled all lease
purchase payment according to agreement, sellers/landlords shall request
competent authority to issue certificate for the buyers/tenants unless the buyers/tenants
choose to apply for the certificate.
Article 175. Rights and
obligations of buyers/tenants
1. Buyers/tenants shall conform to
this Law and exercise other rights and obligations under lease purchase
agreements.
If lease purchase agreements are terminated
after buyers/tenants have received houses, the buyers/tenants shall return the
houses to the sellers/landlords; the buyers/tenants are eligible for a refund
of initial payment, except for cases detailed under point d Clause 2 of this
Article, Point e and Point h Clause 1 Article 127, Points a, b, c, d, and dd
Clause 2 Article 176 hereof.
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a) If legitimate heirs also live in
the same house, the legitimate heirs shall be eligible for lease purchase of
the house unless they voluntarily return the lease-purchased house;
b) If legitimate heirs are present
but not living in the same house whereas the buyers/tenants have fulfilled at
least two-thirds the lease purchase term, the legitimate heirs may settle
remaining payments and apply for certificate for the house; in respect of
rental social housing, housing for people’s armed forces, if tenants/buyers
have not fulfilled two-thirds of lease purchase term, legitimate heirs that are
individuals under Article 76 hereof may continue with lease purchase process
and exercise obligations of buyers/tenants under previously signed contracts;
c) If legitimate heirs do not fall
under cases detailed under Point a and Point b of this Clause,
sellers/landlords have the right to repossess houses and the legitimate heirs
are eligible for a refund of the initial payment incurred by the buyers/tenants
and interests thereof in accordance with regulations on non-term interbank
rates at the time of refund;
d) If no legitimate heirs are
present, initial lease purchase payment shall be collected by the Government in
accordance with the Civil Code, the sellers/landlords have the right to
repossess the houses in order to enter into lease purchase agreements with
entities eligible for renting, lease-purchasing houses in accordance with this
Law.
Article 176. Cases of
termination of lease purchase contracts and repossession of houses for lease
purchase
1. In respect of lease purchase of
public housing, termination of lease purchase agreements and repossession of
these houses shall be implemented in the event of situations under Points a, c,
e, g, and h Clause 1 Article 127 hereof.
2. In respect of lease purchase of
social housing, housing for people’s armed forces that are not public property,
the sellers/landlords may terminate lease purchase agreements and repossess the
houses when:
a) The buyers/tenants deliberately
lease or sell lease-purchased houses to other people without permission during
lease purchase term;
b) The buyers/tenants are deemed
ineligible for lease purchase in accordance with this Law after signing lease
purchase agreements;
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d) The buyers/tenants intentionally
reshape, expand, renovate, demolish leased property without permission;
dd) The buyers/tenants use houses
in purposes other than those agreed upon in lease purchase agreements;
e) Cases under Point c and Point d
Clause 2 Article 175 hereof apply;
g) Other cases under Clause 3 of
this Article apply.
3. Buyers/tenants other than those
specified under Clause 1 and Clause 2 of this Article may terminate lease
purchase agreements as per the agreements; if they have received houses, they
must return the houses to the sellers/landlords.
Section 5. HOUSING GIFTING,
SWAP, CAPITAL CONTRIBUTION, LENDING, LODGING
Article 177. Housing gifting
1. The gifting of houses under
joint ownership is regulated as follows:
a) If houses under tenancy by the
entirety are gifted, written consent of all owners shall be required;
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2. The gifting of leased houses is
regulated as follows:
a) Owners of leased houses must
inform the tenants in writing at least 30 days in advance about the gifting;
b) The tenants may continue rent
until expiry of lease agreements signed with the gifting parties unless
otherwise agreed upon by the parties.
3. The housing gifting in other
situations shall conform to civil laws and other relevant law provisions.
Article 178. Housing swap
1. Swap of houses under joint
ownership is regulated as follows:
a) If houses under tenancy by the
entirety are swapped, written consent of all owners shall be required;
b) If houses under tenancy in
common are swapped, owners are only allowed to swap their share in houses under
tenancy in common.
2. The swap of leased houses is regulated
as follows:
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b) The tenants may continue rent
until expiry of lease agreements signed with the previous owners unless
otherwise agreed upon by the parties;
c) Following the swap and transfer
of ownership, any difference in housing value shall be settled by the parties unless
otherwise agreed upon by the parties.
3. The housing swap in other
situations shall conform to civil laws and other relevant law provisions.
Article 179. Capital
contribution in form of houses
1. Requirements for contributing
capital in form of houses:
a) Owners or developers of
residential real estate investment and construction projects have the right to
contribute capital in form of houses to engage in lines of business not
prohibited by the law respective to the type of houses. Capital contribution in
form of houses shall be made via contracts compliant with Article 163 hereof;
b) Houses contributed as capital
must be existing houses and compliant with Clause 1 Article 160 hereof.
2. Contribution of houses under
joint ownership:
a) If houses under tenancy by the
entirety are contributed for capital, written consent of all owners shall be
required;
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3. Capital contribution in form of
leased houses:
a) Owners of leased houses must
inform the tenants in writing at least 30 days in advance about the capital
contribution in form of houses;
b) The tenants may continue rent
until expiry of lease agreements signed with the contributing parties unless
otherwise agreed upon by the parties.
4. The capital contribution in form
of houses in other situations shall conform to civil laws and other relevant
law provisions.
Article 180. Housing lending and
lodging
1. In case of lending or lodging of
houses under tenancy by the entirety, consent of all owners shall be required;
in case of lending or lodging of houses under tenancy in common, owners are
only allowed to lend and lodge their share of houses under tenancy in common
without affecting benefits of other owners. Lenders have the right to reclaim
houses, landlords have the right to terminate lodging upon termination of
contracts in accordance with Clause 2 of this Article and in accordance with
the contracts.
2. Lending, lodger agreements shall
be terminated when:
a) Lending, lodging period expires;
or
b) Houses for lend, lodging no
longer exists; or
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d) Organizations borrowing, lodging
houses dissolve, go bankrupt, or terminate operation; or
dd) Houses for lend, lodging are
prone to collapse or subject to seizure, demolition or land expropriation of
competent state authority; or
e) Other cases agreed upon by the
parties apply.
Section 6. HOUSING MORTGAGE
Article 181. Mortgagors and
mortgagees
1. House owner is an organization
entitled to mortgage its house at a credit institution operating in Vietnam.
2. House owner is an individual
entitled to mortgage his/her house at a credit institution, or an economic
organization operating in Vietnam or individuals as per the law, except for
cases under Clause 3 of this Article.
3. Mortgaging of housing investment
construction projects and off-plan housing shall conform to Article 183 hereof.
Article 182. Mortgage on leased
houses
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2. If leased houses are seized for
the performance of obligations of the mortgagors, the tenants may continue rent
until expiry of lease agreements, unless the tenants violate Clause 2 Article
172 hereof or otherwise agreed upon by the parties.
Article 183. Mortgage on housing
investment and construction projects and off-plan housing
1. Developers of housing investment
and construction projects may, in part or in whole, mortgage projects or houses
in the projects at credit institutions operation in Vietnam to apply for loans
to invest in the projects or build houses; mortgage on projects or housing
shall also include mortgage on land use right.
2. If developers of housing
investment and construction projects have partially or entirely mortgaged
projects or houses and wish to mobilize capital in accordance with housing laws
or wish to sell, lease-purchase the houses, mortgage on partial or entire
projects or houses and land use right must be paid off prior to signing
contracts for capital mobilization, sale, lease purchase of housing with
customers, except for cases under Point b Clause 3 and Point a Clause 4 Article
88 hereof.
Whether the mortgage on houses has
been paid off prior to the signing of contracts for sale, lease purchase of
housing with customers under this Clause shall be specified Certificate of
conformity to sell issued by provincial housing authorities where the houses
are located. Project developers are responsible for providing customers with
Certificate of conformity to sell upon signing contracts for sale, lease
purchase of housing. In case of capital mobilization, project developers must
provide contributing parties with document on mortgage redemption of credit
institutions upon signing capital contribution contracts.
3. Organizations, individuals
building off-plan houses on their lawful plots; organizations, individuals
buying off-plan houses in housing investment and construction projects from
investors are entitled to mortgage that houses at credit institutions operating
in Vietnam in order to apply for loans to build, buy, renovate the houses.
Article 184. Requirements for
mortgage on housing investment and construction projects and off-plan housing
1. Requirements for mortgage on
housing investment and construction projects and off-plan housing:
a) In case project developers of
housing investment and construction projects mortgage, in part or in whole, the
projects, approved dossiers on the projects, technical design and the
Certificate or Decision on land allocation or land lease issued by the competent
agency are required;
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c) In case organizations,
individuals mortgage off-plan houses on their lawful plots, documents proving
land use right in accordance with land laws and construction permit where
needed shall be required.
If organizations, individuals
mortgage off-plan houses purchased from developers of housing investment and
construction projects, housing sale agreements signed with the project
developers, documents on transfer of housing sale agreements if they receive
the transferred housing sale agreements, proof of payments of the house on
contractual schedule shall be required and the organizations and individuals
are not subject to disputes, complaints, lawsuits regarding housing sale
agreements or documents on transfer of housing sale agreements in accordance
with dispute, complaint, lawsuit handling laws.
2. Requirements for mortgage on
partial or total housing investment and construction projects and mortgage on
off-plan housing shall conform to this Law; mortgage on partial or total
housing investment and construction projects or mortgage on off-plan housing
that does not conform to this Law shall be illegitimate.
Article 185. Handling of houses
and housing investment and construction projects subject to existing mortgage
1. Handling of houses subject to
existing mortgage, including off-plan houses, shall conform to this Law, civil
laws, and other relevant law provisions.
2. Handling of partial or entire
housing investment and construction projects subject to existing mortgage shall
conform to civil laws and other relevant law provisions; organizations receiving
transfer of the partial or entire projects must be eligible to act as
developers of housing investment and construction projects and shall adopt
procedures for transfer of partial or entire housing investment and
construction projects in accordance with this Law and other relevant law
provisions.
Section 7. HOUSING MANAGEMENT
AUTHORIZATION
Article 186. Scope of housing
management authorization
1. Housing management authorization
means the house owners authorize other organizations or individuals to exercise
rights and fulfill obligations of owners pertaining to management and use of
housing over the duration of authorization. The authorization is only available
for existing houses.
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3. Authorizing parties shall incur
administrative expense, unless otherwise agreed upon by the parties.
Article 187. Authorization for
management of houses under joint ownership
1. In respect of authorization for
management of houses under tenancy by the entirety, consent of all owners shall
be required.
2. In respect of authorization for
management of houses under tenancy in common, owners are only allowed to authorize
other organizations, individuals to manage their share in houses under tenancy
in common without affecting benefits of other owners and must inform other
owners about authorization for management of their share.
Article 188. Termination of
authorization for housing management
Termination of authorization
agreements shall conform to civil laws or at request of competent authority for
the purpose of handling disputes and housing violations.
Chapter XI
STATE MANAGEMENT OF HOUSING
Article 189. State management of
housing
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2. Promulgate and organize
implementation of legislative documents on housing, housing development and
management regulations, policies.
3. Develop and promulgate technical
standards, regulations, housing classification, and housing quality control;
apartment building classifications
4. Appraise details pertaining to
houses in decision or approval of investment guidelines of housing investment
and construction projects; decision on developers of housing investment and
construction projects.
5. Manage housing dossiers; manage
public housing fund; manage housing investment and construction projects.
6. Inspect, inventory, and develop
information database on housing; manage, operate, use, and add to information
database on housing.
7. Study and apply science,
technology, popularize housing laws.
8. Provide training and advanced training
for personnel appropriate to housing development and management demands.
9. Manage public services
pertaining to houses; promulgate price range for rent of social housing,
housing for people’s armed forces, worker housing in industrial parks, public
housing.
10. Guide, expedite, inspect,
examine, handle disputes, complaints, lawsuits, and violation of housing laws.
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Article 190. Housing authority
1. The Government shall perform
joint housing management on a nationwide level.
2. The Ministry of Construction
shall act as liaison with the Government in performing joint housing
management.
3. Ministries, ministerial agencies
shall, within their tasks and powers, exercise housing management responsibilities
and cooperate with Ministry of Construction in performing housing management.
4. People’s Committees of all
levels shall, within their tasks and powers, perform housing management on a
local scale.
Article 191. Responsibilities of
Ministry of Construction
1. Take charge in developing and
submitting legislative documents, strategies, and schemes pertaining to housing
to the Government and Prime Minister.
2. Develop and request competent
authority to issue or issue regulations, policies mobilizing resources for
housing investment and development; housing development programs, schemes,
projects according to tasks assigned by the Government and Prime Minister and
guide, examine, inspect, implement following approval. Develop and request the
Government to promulgate or promulgate regulations elaborating and guiding
implementation of Article 198 hereof.
3. Identify basic indicators
regarding housing development in socio-economic development tasks from time to
time appropriate to Strategy for national housing development. Stipulate
specific regulations on funding for provincial housing development programs and
plans.
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5. Exercise the following tasks
pertaining to official housing:
a) Develop and request the Prime
Minister to promulgate standards, norms of official housing, submit list of
entities eligible for official housing in accordance with this Law to the Prime
Minister for decision;
b) Appraise or provide feedback
regarding official housing demand and official housing development plans in
accordance with this Law;
c) Establish, manage operation, and
arrange lease of official housing of central government authority according to
assignment of the Prime Minister.
6. Guide inspection and evaluation
of factors for the purpose of determining apartment building quality in
accordance with this Law and construction laws.
7. Appraise details pertaining to
housing in respect of housing investment and construction projects under
entitlement to management and approval of investment guidelines of the Prime
Minister.
8. Approve or request the Prime
Minister to approve repurposing of houses in accordance with this Law.
9. Inspect reservation of land fund
and conformity thereof for development of social housing, worker housing in
industrial parks, housing for people’s armed forces in planning under Article
32 hereof; examine provincial housing development programs and plans in
accordance with this Law.
10. Rely on Strategy for national
housing development and practical situations to develop and request the Prime
Minister to decide on national target programs providing support for housing
and social housing development for entities under Article 76 hereof; coordinate
implementation of national target programs providing support for housing and
social housing development.
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12. Inspect, inventory, and develop
nationwide information database on housing; manage, operate, use, and add to
nationwide information database on housing.
13. Study and apply science,
technology, popularize housing laws. Provide training and advanced training
regarding housing development and management within their management scope.
14. Regulate framework program for
training and advanced training regarding management of apartment building
operation. Publicize list of entities eligible for management of apartment
building operations on websites of Ministry of Construction.
15. Guide, expedite, inspect,
examine, handle disputes, complaints, lawsuits, and violation of housing laws
within competence.
16. Implement international
cooperation in housing.
17. Implement other tasks in
housing sector assigned by this Law or by the Government, the Prime Minister.
Article 192. Housing inspection
1. Construction inspectorate
affiliated to the Ministry of Construction, provincial housing authority shall
perform housing inspection in accordance with inspection laws.
2. The Ministry of Construction is
responsible for coordinating and organizing specialized housing inspection on a
nationwide scale. Provincial housing authority is responsible for organizing
specialized housing inspection on a local scale.
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1. Public officials and public
employees working housing management and development fields of all levels and
sectors must participate in training, advanced training courses for housing
development and management.
2. The Minister of Construction
shall promulgate programs and contents of training, advanced training for
housing development and management for public officials and public employees
working in housing sectors on a nationwide scale.
Chapter XII
HANDLING OF DISPUTES AND VIOLATION OF HOUSING LAWS
Article 194. Handling of housing
disputes
1. The Government encourages
parties to resolve housing disputes via peaceful negotiation.
2. Disputes regarding ownership and
use right of houses of organizations and individuals, disputes relating to
housing transaction, management of apartment building operation shall be
handled by courts and trade arbitrations as per the law.
3. Disputes regarding management
and use of public housing shall be handled as follows:
a) Provincial People’s Committees
shall handle disputes relating to houses under management of local government;
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c) The Ministry of National Defense
and Ministry of Public Security shall handle disputes relating to houses under
management of respective ministry;
d) The courts shall handle disputes
in accordance with administrative proceeding laws.
4. Disputes regarding management
service fees for apartment building operation, management and use of
maintenance expenditure shall be handled by district People’s Committees where
the houses in question are located or the courts, commercial arbitration as per
the law.
5. The Government shall elaborate
Clause 3 of this Article.
Article 195. Handling of housing
violations
Organizations, individuals committing
housing violations shall be met with disciplinary actions, administrative
penalties, or criminal prosecution and make compensation for damage caused
depending on nature and severity of the violations.
Chapter XIII
IMPLEMENTATION
Article 196. Amendments to
articles of relevant laws
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“1. Depending on approved or
decided planning in accordance with planning laws, ministries, ministerial
agencies, provincial People’s Committees shall develop investment development
plans and organize construction of technical infrastructures, social
infrastructures outside of industrial parks, export-processing zones, hi-tech
zones, functional areas in economic zones; in respect of industrial parks where
worker housing is built, regulations under the Law on Housing.”.
2. Amend Clause 4 Article 3 of the
Law on Public Investment No. 39/2019/QH14 amended by the Law No. 64/2020/QH14,
Law No. 72/2020/QH14, and Law No. 03/2022/QH15:
“4. The management and use of
Government investment in enterprises shall conform to regulations on management
and use of government investment in production and business operations in
enterprises. Decision on investment guidelines, and decision on investment and
construction of official housing and purchase of residential real estate for
use as official housing shall conform to the Law on Housing.”.
Article 197. Entry into force
1. This Law comes into force from
January 1, 2025.
2. The Law on Housing No.
65/2014/QH13 amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No.
62/2020/QH14, Law No. 64/2020/QH14, and Law No. 03/2022/QH15 expire from the
effective date hereof, except for cases detailed under Point b Clause 1, Points
a, c, dd, e, and g Clause 2, Clause 3, Points a, b, c, d, dd, and e Clause 5
Article 198 hereof.
3. Houses under ownership of the
government mentioned under legislative documents on housing promulgated before
the effective date hereof are deemed public housing.
Article 198. Transition clauses
1. Carried over regulations in
respect of provincial housing development programs and plans approved before
the effective date hereof:
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If provincial People’s Councils
approve provincial housing development programs before the effective date
hereof and provincial People’s Committees have not approved the programs as of
the effective date hereof, approval shall be granted in accordance with
programs approved by the People's Councils. If provincial People’s Committees
have approved provincial housing development programs and have not approved
provincial housing development plans, provincial housing development plans
shall be developed and approved in accordance with this Law; if provincial
housing development plans do not conform to approved provincial housing
development programs, the programs shall be revised in accordance with this
Law;
b) If provincial housing
development programs and plans are approved before the effective date hereof
and said provincial housing development programs and plans must be amended due
to increasing housing demand in respect of entities under Clause 7 Article 76
hereof at request of the Ministry of National Defense and Ministry of Public Security,
provincial housing development programs and plans shall be amended once in
accordance with housing laws before the effective date hereof.
2. Transition regulations on
housing development:
a) In respect of housing and urban
investment development projects where provincial People’s Committees issue
documents identifying areas, locations where transfer of land use right is
allowed for private housing construction as per the law, said documents shall
be adhered to;
b) In respect of housing and urban
area investment and construction projects that are at project developer
selection phase where competent authority has not issued documents on selection
of project developers as of the effective date hereof, project developers shall
be selected in accordance with this Law, except for cases under Point a Clause
3 and Point d Clause 5 hereof;
c) In respect of social housing
investment and construction projects, apartment building renovation and
reconstruction projects where competent authority has decided or approved
investment guidelines, approved project investment, approved projects before the
effective date hereof, project developers shall continue to benefit from
incentives under written decision and approval unless this Law or new
legislative documents dictate a higher incentives at which point project
developers shall benefit from the new incentives for the remainder of
investment projects;
d) If multiple investors receive
approval for investment guidelines simultaneously as investor approval and are
applying for project developer acknowledgement at which point competent
authority has not promulgated written approval of project developers in
accordance with housing laws before the effective date hereof, regulations
under this Law shall be adhered to;
dd) In respect of official housing
investment and construction projects where investment decisions have been
issued before the effective date hereof, the written decisions shall be adhered
to;
e) In respect of housing investment
and construction projects serving relocation where competent authority has
decided or approved investment guidelines, approved project investment, and/or
decided on project approval before the effective date hereof, written decision
and approval shall be adhered to;
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If houses under this Clause satisfy
requirements according to housing laws and other relevant laws before the
effective date hereof and has not been issued with certificate as of the
effective date hereof, households and individuals may apply for certificate in
accordance with housing laws before effective date hereof and land laws.
In respect of houses under this
Clause that do not meet requirements under housing laws and other relevant laws
before the effective date hereof, penalties shall be imposed in accordance with
housing laws, construction laws, fire safety laws, and other relevant laws
applicable at the time of violation; certificate shall not be issued for
individual flats in these houses and housing transactions shall be handled in
accordance with the Civil Code.
3. Transition regulations regarding
apartment building renovation and reconstruction:
a) In respect of apartment building
renovation and reconstruction projects that are at project developer selection
phase where competent authority has not issued document on project developer
selection as of the effective date hereof, developers of apartment building
investment and construction project shall be selected in accordance with
housing laws before the effective date hereof. Project execution shall conform
to this Law and other relevant law provisions;
b) In respect of legitimate request
for approval of investment guidelines and approval of developers of apartment
building renovation and reconstruction projects; legitimate request for
approval of investment guidelines of apartment building renovation and
reconstruction projects that competent authority has received before the
effective date hereof and as not processed, said documents shall be processed
in accordance with housing laws before the effective date hereof;
c) In respect of apartment building
renovation and reconstruction projects where compensation has been made in
accordance with compensation, support, relocation measures before July 1, 2015
or compensation, support, relocation measures approved under Law on Housing No.
65/2014/QH13 amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No.
62/2020/QH14, Law No. 64/2020/QH14, and Law No. 03/2022/QH15 and documents
elaborating, guiding implementation, approved measures shall continue to be
adhered to unless area of houses, land, and constructions has not been included
in compensation, support, relocation measures. Compensation for area of houses,
land, and constructions that has not been included in compensation, support,
relocation shall conform to this Law;
d) In respect of old apartment
buildings to which provincial People’s Committees have promulgated K
coefficient for flat area compensation in apartment building renovation,
reconstruction projects in accordance with housing laws before the effective
date hereof, the K coefficient shall remain available for the purpose of
determining compensation, support, relocation of apartment building owners.
4. Transition regulations on
apartment building management and use:
a) In respect of apartment
buildings commissioned and used before the effective date hereof where written
decision or approval of investment guidelines or documents of equivalent
legitimacy do not require transfer of technical infrastructures, project
developers are responsible for maintaining, operating, ensuring that the
technical infrastructures are used for the proper purposes and functions; if
transfer is needed but has not been implemented, the transfer must be implemented
for management and use in accordance with this Law;
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5. Transition regulations on
Chapter VI hereof:
a) In respect of social housing
investment and construction projects with decisions or approval of investment
guidelines, decision on investment, decision on project approval, investment
approval, written selection of project developers issued before the effective
date hereof, said documents shall be adhered to unless amendments to investment
guidelines or projects are required in accordance with investment laws;
b) In respect of residential real
estate and urban area investment and construction projects with investment
guidelines approval, decision on investment, decision on project approval,
investment approval issued before the effective date hereof, developers of
residential real estate and urban area investment and construction projects
shall reserve a percentage of homestead land in investment projects where
technical infrastructures have been built to build social housing in accordance
written decision and approval;
c) In respect of residential real
estate and urban area investment and construction projects that have been
implemented where project developers have failed to reserve a percentage of
homestead land in investment and construction projects where technical
infrastructures have been built to build social housing as of the effective
date hereof, project developers shall continue to fulfill this obligation in
accordance with housing laws before the effective date hereof;
d) In respect of social housing
investment and construction projects that are during project developer
selection phase where written selection of project developers have not been
issued in accordance with housing laws before the effective date hereof, housing
laws applicable before the effective date hereof shall be adhered to;
dd) In respect of the sale of
social housing where land levy must be paid in accordance with housing laws
before the effective date hereof but has not been paid as of the effective date
hereof, land levy shall be paid in accordance with housing laws before the
effective date hereof;
e) Registration, approval,
appraisal of prices, signing of contracts, sale, purchase, lease purchase,
lease, sale of social housing that adhere to housing laws before the effective
date hereof and have not been finished as of the effective date hereof,
compliance with housing laws before the effective date hereof shall be
maintained;
g) If developers of social housing
investment and construction projects have reserved social housing area in
social housing investment and construction projects for lease in accordance
with Clause 3 Article 54 of the Law on Housing amended by the Law No.
40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14,
and Law No. 03/2022/QH15 but have not leased, this housing fund are available
for sale and lease purchase in accordance with this Law.
6. In respect of entities managing
apartment building operation that has had their information uploaded in
accordance with housing laws before the effective date hereof, application for
certificate of eligibility for managing apartment building operation in
accordance with this Law is not required, except for changes to information or
services or failure to satisfy requirements under this Law.
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This Law is approved by the 15th
National Assembly of the Socialist Republic of Vietnam in the 6th meeting on
November 27, 2023.
CHAIRPERSON
OF THE NATIONAL ASSEMBLY OF VIETNAM
Vuong Dinh Hue