OFFICE OF THE
NATIONAL ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 04/VBHN-VPQH
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Hanoi, January
25, 2022
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LAW ON HOUSING
The Law on Housing No. 65/2014/QH13 dated November
25, 2014 of the National Assembly, which has been effective since July 01,
2015, is amended by:
1. The Law on Architecture No. 40/2019/QH14 dated
June 13, 2019 of the National Assembly, which has been effective since July 01,
2020;
2. The Law on Investment No. 61/2020/QH14 dated
June 17, 2020 of the National Assembly, which has been effective since January
01, 2021;
3. The Law on Housing No. 62/2020/QH14 dated June
17, 2020 of the National Assembly on Amendments to Construction Law, which has been effective
since January 01, 2021;
4. The Law on Public - Private Partnership
Investment No. 64/2020/QH14 dated June 18, 2020 of the National Assembly, which
has been effective since January 01, 2021;
5. The Law No. 03/2022/QH15 dated January 11, 2022
of the National Assembly on Amendments to Certain Articles of the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Procurement, the Law on Electricity,
the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement, which has been effective since March 01, 2022.
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law stipulates ownership, development,
management, and use of housing; housing-related transactions; state management
of housing in Vietnam. Transactions in sale, lease, and sublease on commercial
housing conducted by real estate enterprises or cooperatives shall comply with
regulations of law on real estate trading.
Article 2. Regulated entities
This Law applies to organizations, households or
individuals related to ownership, development, management, use, and
transactions in housing and state management of housing in Vietnam.
Article 3. Interpretation of
terms
For the purposes of this Law, these terms below
shall be construed as follows:
1. Housing means any building in which
households or individuals live.
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3. Apartment building means any
multi-storey building which has multiple apartments, public stairs, hall ways,
privately owned parts, shared parts and shared infrastructural works for
organizations, households or individuals, including apartment buildings for
residential use and mixed-use buildings for both business and residential
purposes.
4. Commercial housing means any house
which is built for sale, lease, or lease purchase according to market
mechanism.
5. Official residence means any house
rent by entities entitled to live in official residences as prescribed in this
Law over the duration in which they are on duty.
6. House serving relocation means any
house provided for households or individuals who have to relocate when the
State expropriates land or carries out land clearance as prescribed in
regulations of law.
7. Social house means any house
provided for entities benefiting from the housing-related assistance policies
implemented by the State as prescribed in this Law.
8. Housing construction project means
all planned pieces of work that are designed to use capital to build new
housing, or technical and/or social infrastructural works for residential use,
or to renovate or repair housing in a certain location.
9. Housing development means the
investment in building new housing, rebuilding housing or expanding area of housing.
10. Housing renovation means the
process of improving quality, expanding area, restructuring of existing housing
area.
11. Housing maintenance means the
maintenance of housing on schedule and repair upon damages of housing for
housing quality assurance.
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13. Apartment owner means the owner of
an apartment or the owner of other areas in an apartment building.
14. Vietnamese organization means any
regulatory agency, armed unit, public service provider, political organization,
socio-political organization, occupational-social-political organization,
social organization, socio-occupational organization, economic organization and
other organization pursuant to the legislation on civil matters (hereinafter
referred to as “organizations”).
15. Privately owned part in an apartment
building means the interior area of each apartment or other areas of
an apartment building which is recognized as the privately owned parts of each
apartment owner and private equipment in each apartment or other area of each
apartment owner prescribed in this Law.
16. Shared part in an apartment building means
the remaining area of an apartment building exclusive of the privately owned
parts of the apartment owner and shared equipment in the apartment building
prescribed in this Law.
17. Lease purchase of a house means
that a lessee pays an option fee of 20% of a house, unless the lessee is able
to pay an option fee more than 20% but not exceeding 50% of the house; the
remaining payment shall be considered as the monthly rent over a certain
duration; the lessee shall acquire the ownership of such house if he/she pays
off the total amount when the lease purchase term expires.
18. Ready-built house means any house which
has been completely built and put into use.
19. Off-the-plan house means any house
which is under construction and has not been commissioned for use.
Article 4. Rights to have
residence and acquire homeownership
Any household or individual is entitled to have
residence through investment in housing construction, purchase, lease, lease
purchase, receipt as donation, inheritance, receipt as capital contribution,
exchange, borrowing, permitted stay at, authorized management of houses and
other forms prescribed by law. Any organization, household, or individual that
acquire lawful houses through the methods prescribed in Clause 2 Article 8 of
this Law is entitled to acquire ownership of such houses as prescribed in this
Law.
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1. The State recognizes and protects the
homeownership of homeowners as prescribed in this Law.
2. Any houses under lawful ownership of
organizations, households or individuals shall not be
nationalized. In case of vital necessity for national defense and
security purposes; socio-economic development for national or public benefits,
or state of war, state of emergency, or disaster response, the State shall
decide the purchase, commandeering, or demolition of housing under lawful
ownership of the organizations, households, or individuals, then the State must
pay compensation and implement policies on relocation to homeowners as
prescribed.
Article 6. Prohibited acts
1. Infringing upon the homeownership of the State,
organizations, households and individuals.
2. Obstructing the fulfillment of
responsibility for state management of housing, exercise of rights and
fulfillment of obligations by organizations, households and individuals in
terms of the homeownership, use of housing and housing-related transactions.
3. Deciding guidelines for investment in housing
construction projects or approving housing construction projects in
contravention of approved housing construction planning and residential
development programs and plans.
4. Building houses on the pieces of land other than
residential land; building houses in contravention of standards for design
standards, housing area standards applied to each type of houses as prescribed.
Incorrectly applying the calculation of floor area prescribed in law on housing
sale or specified in the house purchase and sale and lease purchase agreements.
5. Illegal expropriation of housing areas;
encroaching upon the space and facilities under common ownership or ownership
of other owners in any shape or form; arbitrarily changing the bearing
structure or changing the design of privately owned parts in the apartment
building.
6. Using parts and equipment under shared ownership
or for shared use for private purposes; using parts under shared ownership or
areas for service provision in a mixed-use building for improper purposes
against the decision on guidelines for investment in the housing construction
project or the approved project, unless the repurposing is permitted by a
competent state agency.
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8. The investor in a housing construction project
authorizing or assigning the parties involved in investment cooperation, joint
venture, association, capital contribution or other organizations, individuals
to conclude agreements on housing lease, lease purchase, sale, deposit
agreements on housing-related transactions or agreement on trading of land use
rights in projects.
9. Making transactions in housing sale or transfer
of housing sale agreement, housing lease, lease purchase, gifting, exchange,
inheritance, mortgage, capital contribution, lending, and permission for stay
or authorized management of housing against this Law.
10. Renovating, expanding, demolishing the houses
under agreements on housing lease, lease purchase, lending, permission for
stay, or authorized management of housing without the consent of the homeowner.
11. Using apartments for non-residential purposes;
using areas intended for business purposes in the apartment building under
approved project for trading flammable materials, explosives, providing
services causing environmental pollution, noise or negative effects on the
lives of households and individuals in the apartment building as prescribed in
regulations of the Government.
12. Using individual houses for trading flammable
materials, explosives, providing services causing environmental pollution,
noise or other operations or negative effects on the lives of households and
individuals in the apartment building as prescribed in regulations of law on
business conditions.
13. Reporting or providing information about
housing inaccurately, untruthfully and inconsistently with regulations or
requests of the competent agencies; destroying or falsifying information in the
housing database managed by the competent agencies.
Chapter II
HOMEOWNERSHIP
Article 7. Entities eligible
for homeownership in Vietnam
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2. Overseas Vietnamese.
3. Foreign organizations and individuals
(hereinafter referred to as “foreign entities”) prescribed in clause 1 Article
159 of this Law.
Article 8. Procedures for
homeownership recognition
1. Domestic organizations, households and
individuals; overseas Vietnamese permitted to enter Vietnam; foreign entities
satisfying all conditions prescribed in Article 160 in this Law.
2. Entities having legitimate housing through
following transactions:
a) Domestic organizations, households and
individuals who invest in housing construction, purchase, enter into lease
purchase agreements, receive gifts, receive inheritance, receive capital
contribution, exchange houses, or make other transactions prescribed in
regulations of law;
b) Overseas Vietnamese who enter into agreements on
commercial housing purchase, lease purchase with enterprises or cooperatives
conducting real estate trading (hereinafter referred to as “real estate
enterprises”); agreements on housing purchase, gifting, exchange, inheritance
with households or individuals; agreements on residential land transfer in the
project on commercial housing construction which is permitted to divide the
piece of land into smaller lots/plots for sale as prescribed by law;
c) Foreign entities who enter into agreements as
prescribed in clause 2 Article 159 of this Law.
Article 9. Procedures for homeownership
recognition
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2. Procedures for issuance of the Certificate to a
homeowner shall comply with regulations of law on land.
With respect to the fixed-term agreements on
housing ownership prescribed in clause 1 Article 123 of this Law, the buyer
shall be granted the Certificate within the term of the agreement; when the
contractual term of the agreement expires, the homeownership shall be
retransferred to the initial homeowner; the issuance or expiration of the
Certificate shall comply with regulations of the Government.
3. The agency having the power to issue the
Certificate must specify housing type and housing class in the Certificate as
prescribed in this Law and law on construction; specify floor area and usable
area regarding the apartment building; specify the name of the housing
construction project approved by the competent agency regarding the housing in
such project.
4. The Certificate of any house in the housing
construction projects for lease purchase or sale purposes shall not be granted
to the investor but it shall be granted to the lessees or the buyers, unless
the investor wishes to be granted the Certificate pertaining to the house which
is not under any agreement on lease purchase or sale; if the investor builds
houses for lease, such houses shall be granted the Certificate.
5. In case the household or the individual has a
multi-storey house whose each story has at least two apartments satisfying
requirements prescribed in clause 2 Article 46 in this Law, the competent
agency shall grant the Certificate to every apartment in such house.
Article 10. Rights of
homeowners and occupiers
1. If the homeowner is a domestic organization,
household or individual or an oversea Vietnamese, he/she has the right to:
a) Enjoy
inalienable rights to his/her lawful housing;
b) Use the house for residential purposes and other
purposes not prohibited by regulations of law;
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d) Sell housing or transfer the agreement on
housing purchase, lease , lease and purchase, gifting, exchange, inheritance,
mortgage, capital contribution, lending, permission for stay, or authorize
housing management; if the agreement on housing gifting or inheritance is
concluded with an entity ineligible for the homeownership in Vietnam, such
entity is only entitled to the value of the house;
dd) Share the
public utilities in that residential area as prescribed in this Law and
relevant regulations of law.
The owner of an apartment building has the right to
ownership and enjoyment of the shared part and infrastructural works of such
apartment building, exclusive of buildings for business or transfer to the
State as prescribed, and the agreement on housing sale or lease purchase;
e) Maintain, renovate, demolish, or rebuild his/her
house as prescribed in this Law and law on construction.
g) Receive the compensation as prescribed in
regulations of law or payment at the market price when their house is
demolished, imposed compulsory purchase order, or commandeered by the State for
national defense and security purposes; for socio-economic development in the
national or public interest, or n a state of war or a state of emergency or in
response to a natural disaster;;
h) File complaints, denunciation, or lawsuits over
violations against their lawful ownership and other violations against law on
housing.
2. If a person has a fixed-term homeownership as
prescribed in clause 1 Article 123 of this Law, he/she may exercise the rights
prescribed in clause 1 of this Article over the homeownership period, unless
otherwise agreed among the parties; when the contractual term expires, the
house which is under management of the homeowner must be returned to the
initial homeowner.
3. If the homeowner is a foreign organization or
individual, he/she shall have the rights prescribed in Article 161 of this Law.
4. Any occupier other than the homeowner may
exercise rights to manage or use the house as agreed with the homeowner.
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1. If the homeowner is a Vietnamese organization,
household or individual or an oversea Vietnamese, he/she has the obligation to:
a) Use the house for proper purposes as prescribed;
compile and store documents on their house;
b) Comply with regulations on fire safety, hygiene,
environment, social safety and order as prescribed by law;
c) Comply with regulations on housing sale or
transfer of agreements on housing sale, housing lease, lease purchase, gifting,
exchange, inheritance, mortgage, capital contribution, lending, permission for
stay, or authorization of housing management; and comply with the Law on
Marriage and Family when the house which is matrimonial property is transacted;
d) Comply with regulations of law and do not cause
damage to benefits of the State, public, or lawful rights and interests of
other households or individuals when their house is maintained, renovated,
demolished, or rebuilt; if the homeowner is eligible for fix-term homeownership
prescribed in Clause 1 Article 123 in this Law, the house shall be renovated or
demolished under the agreement between contracting parties;
dd) Purchase fire and explosion insurance
pertaining to the house subject to fire and explosion insurance as prescribed
in law on fire safety and law on insurance business;
e) Implement effective decisions on actions against
violations, disputes, complaints, or denunciation of housing, housing
compensation, relocation, or demolishment made by the competent agency when the
State expropriates their land, conducts land clearance, imposes compulsory
purchase orders;
g) Enable related entities and competent persons to
carry out the inspection, observation, or maintenance of equipment systems,
technical infrastructure or parts under shared ownership or for shared use;
h) Discharge financial obligations to the State
when their homeownership is recognized, their transactions are conducted and
while the house is being used as prescribed by law.
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3. The occupier other than the homeowner is
required to fulfill the obligations to manage or use the house under the
agreement with the homeowner and as prescribed by this Law.
Article 12. Time of transfer
of the homeownership
1. With respect to any agreement on housing sale
not prescribed in clause 3 of this Article and any agreement on housing lease
purchase, the homeownership shall be transferred from the date on which the
buyer or the lessee pays off the total amount and receives the house, unless
otherwise agreed.
2. With respect to any agreement on housing capital
contribution, gifting, or exchange, the homeownership shall be transferred from
the date on which the beneficiary of that agreement receives the house.
3. With respect to any agreement on housing sale
concluded between the investor and the buyer, the homeownership shall be
transferred from the date on which the buyer receives the house or from the
date on which the buyer payoffs the total amount to the investor. With respect
to any agreement on commercial housing concluded with the real estate
enterprises, the homeownership shall be transferred in accordance with law on
real estate trading.
4. With respect to housing inheritance, the
homeownership shall be transferred in accordance with law on inheritance.
5. The housing-related transactions prescribed in
Clause 1, 2 and 3 of this Article shall comply with requirements pertaining to
housing-related transactions and the agreement must take effect as prescribed
in this Law.
Chapter III
HOUSING DEVELOPMENT
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Article 13. Policies on
housing development
1. The State shall provide residential land resources
by granting approval for land use planning, urban planning, particular area
planning, or rural area construction planning.
2. The State shall issue policies on planning,
land, finance, credit, science and technology application, new building
materials to invest in renovation or reconstruction of apartment buildings
which are seriously damaged, in danger of collapse, or unsafe for the
occupiers, and encourage organizations, households or individuals to develop
housing for lease, lease purchase, or sale according to market mechanism.
3. The State shall issue policies on tax exemption
and reduction, exemption and reduction in land levies, land rents, long-term
credit with preferential interest rate, other financial incentives and grant
from capital resources of the State to implement social housing-related
assistance policies.
4. The State shall formulate policies on research
and issuance of typical designs regarding every type of housing in conformity
with every area, region; incentives for energy-saving housing development.
5. The People’s Committees of provinces or
central-affiliated cities (hereinafter referred to as “provincial People’s
Committee”) and investors in commercial housing projects shall reserve
residential land for social housing construction as prescribed in law on
housing.
Article 14. Requirements
pertaining to housing development
1. Conform to housing demands of multiple entities
and socio-economic conditions of the country, each local government, each area
or region from time to time.
2. Conform to Strategy for national housing
development, construction planning, land use planning and local housing
development planning in every period.
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4. With respect to urban areas, the housing
development shall conform to specific construction planning and the project.
The housing construction project must satisfy requirements prescribed in
clauses 1, 2 and 3 of this Article to ensure the allocation of population and
gentrification. In special class, class 1, and class 2 urban areas, it is
essential to develop apartment buildings and housing for lease.
5. With respect to rural, mountainous, border or
island areas, the housing development shall conform to rural population
planning, new countryside planning, custom of every ethnic group, natural
conditions of every region; in order to eliminate gradually shifting
cultivation, nomadic, ensuring sustainable rural development; encourage
development of project-based housing and multi-storey housing.
Article 15. Local housing
development programs and plans
1. According to the Strategy to develop national
housing, master plans for socio-economic development, land-use planning, urban
planning, particular area planning, local planning for rural development
approved, the People’s Committee of the province shall formulate programs for
local housing development including urban areas and rural areas for 5-year
period and 10-year period or longer, then they shall request that program to
the People’s Councils of provinces to approve as prescribed in Article 169 of
this Law.
2. According to the programs for local housing
development approved as prescribed in clause 1 of this Article, the People’s
Committee of the province shall file and approve the annual or 5-year plan for
housing development in the administrative divisions, including plans for
commercial housing, social housing, official residence, housing subject to
relocation, housing of household or individual, in which the plan for social
housing development for lease must be clarified.
Article 16. Determination of
land for housing development
1. When the urban planning, rural construction
planning, planning for economic zone, industrial park, export-processing zone,
or hi-tech zone (hereinafter referred to as “industrial park”), construction
planning for higher education institutions, vocational training institutions,
except for science research institutes, local public ethnic boarding schools
(hereinafter referred to as “research and training areas”) are formulated and
approved, the competent agency in charge of planning approval shall determine
the area of residential land in the planning.
2. In the special class, class 1, class 2, or class
3 urban areas, the investors in commercial housing projects shall reserve a
portion of residential land in the project whose infrastructure systems are
constructed to build social housing as prescribed in regulations of the
Government. In the remaining urban areas, the provincial People’s Committee
shall reserve a portion of residential land in the project whose infrastructure
systems are constructed to build social housing.
Article 17. Forms of housing development and
housing construction projects[2]
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a) Development of housing according to housing
construction investment projects;
b) Development of housing according to urban area
construction investment projects;
c) Development of housing by households and
individuals.
2. Housing construction investment projects
prescribed in this Law include:
a) Investment project on new construction or
renovation of an independent house or a cluster of houses;
b) Investment project on construction of a housing
area with synchronized technical and social infrastructure systems in a rural
area;
c) Construction investment project using mixed
types of lands, parts of which are used for the construction of houses;
d) Investment project on construction of buildings
for mixed residence and business purposes.
3. The urban area construction investment
prescribed in Point b Clause 1 of this Article must comply with regulations on
housing laid down in the Law on housing and relevant laws.
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1. Types of housing development include:
a) Commercial housing development;
b) Social housing development;
c) Official residence development;
d) Development of housing serving relocation;
dd) Housing of household or individual development.
2. Types of project-based housing construction
include:
a) Development of housing invested by real estate
enterprises for lease, lease purchase, or sale;
b) Renovation and reconstruction of old housing areas
and/or apartment buildings;
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d) Development of state-owned housing.
Article 19. Requirements
pertaining to housing construction projects
1. Housing construction projects prescribed in
clause 2 Article 17 of this Law shall comply with regulations of this Law.
2. A housing construction project may only be
formulated, approved and implemented in the area which has the detailed plan
approved by the competent agency, when it conforms to the decision on
investment guidelines issued by the competent agency and complies with the
requirements prescribed in Article 14 of this Law.
3. The housing construction project and areas in
the project must be named in Vietnamese; in case the investor in a commercial
housing project wishes to have the project named in a foreign language, the
full Vietnamese name shall be written first, then the foreign name. The names
of the project and areas in the project must be permitted by the competent
agency and they shall be used throughout the period of construction and
operation.
4. The investor in the housing construction project
must completely finish the approved project; in case the investor wishes to
adjust the content of the project including name, schedule, types of housing,
total floor area, total number of housing, rate of types of housing, and total
investment regarding the project invested by state capital, that adjustments
must be decided by the competent agency as prescribed in Article 170 of this
Law before the construction is commenced.
5. The provincial People’s Committee must determine
the list of housing construction projects in the administrative divisions
including projects on construction of commercial housing, social housing,
official residence, housing serving relocation, then announce it on the website
of them as follows:
a) Number of projects; total number of housing and
total floor area of housing which is constructed annually in the housing
construction projects in the province;
b) Essential contents of every housing construction
project in the administrative divisions includes names, locations, scale,
specific plans, schedule, types of housing, investment objectives, total floor
area, total number of housing, forms of housing business and other related
content prescribed in law on real estate trading;
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Article 20. Residential architecture
principles
1. The residential architecture must conform to
natural conditions, disaster response, scientific and technical standards,
historical and cultural traditions and detailed construction planning approved
by the competent agency.
2. The residential architecture in an urban area
must meet requirements pertaining to harmonious combination between renovation
and new constructions, separate housing and overall architecture of the urban
area, or urban design and regulations on management of architecture[3].
3. The residential architecture in a rural area
must be in harmony with natural landscape and appropriate to customs and
business and production infrastructure of households and individuals and ethnic
groups in every region.
Section 2. PROJECT-BASED
COMMERCIAL HOUSING DEVELOPMENT
Article 21. Conditions which
must be satisfied to act as an investor in a commercial housing
construction project
1. Be an enterprise or cooperative established and
operating under Vietnamese regulations of law.
2. [4] Having a capital deposit or a bank guarantee to
execute each project in accordance with the law on investment.
3. Be licensed for real estate trading as
prescribed by law.
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1. A commercial housing construction project
must be formulated, accessed, approved and implemented as prescribed in
regulations of this Law and law on construction.
2. An investor in a commercial housing construction
project shall be selected through the following methods:
a) Holding a land use rights auction prescribed by
law on land;
b) Inviting bids for land-using project;
c)[5] Approving an investor in accordance with the
Law on Investment. If multiple investors are approved, the investor shall be
determined in accordance with the Law on Construction.
The Government shall elaborate this point.
3. [6]
(annulled)
Article 23. Methods of use of
land for execution of commercial housing construction projects
1. [7]
Obtaining legal land use right under any case specified in point a, point b of
this clause and the land used for construction of commercial housing is deemed
compliant with the land use planning/plan approved by the competent regulatory
agency as per land law, except for the case subject to land expropriation by
State for national defense and security purposes, land expropriation for
socio-economic development, in the interests of the nation, public and other
land expropriation cases as per the law;
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b) Obtain the right to use residential land and
other types of land other than residential land that meet eligibility
requirements for repurposing of land for execution of the project.
After the competent authority grants an approval
for both investment guidelines and investor as per the investment law, the
investor shall apply for land repurposing if so required by the project and
fulfill the financial obligations as per the land law.
2. Being allocated land by the State for
construction of houses for lease, lease purchase or sale.
3. Being leased out land by the State for
construction of houses for lease.
4. Receiving the residential land use rights
prescribed by law on land to construct commercial housing.
Article 24. Types of housing
and standard areas of commercial housing
1. The investor shall decide types of housing,
standard areas of every commercial housing provided that they conform to
specific construction planning, housing construction standards and housing
architecture, and the decision on guidelines for investment in the housing
construction project issued by the competent agency.
2. Apartments must have a closed designed and floor
areas conformable with construction standards and regulations.
3. Separate housing must be built in accordance
with detailed construction planning, approved designs, and construction
standards and regulations.
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1. Request related authorities and organizations to
follow procedures for formulation, assessment, approval or execution of the
project as prescribed by law.
2. Enter into agreements on housing lease, lease
purchase or sale; mobilize capital, collect payments from agreements on housing
lease, lease purchase or sale as prescribed in this Law, law on real estate
trading and the signed agreement.
3. Exercise rights of land users and trade in
products of the project as prescribed in law on land and law on real estate
trading.
4. Transfer part or all of the project as
prescribed by law on real estate trading.
5. Manage; operate the technical infrastructure
within the scope of the project in conformity with the decision on project
investment guidelines issued by the competent agency.
6. Request the competent agency to grant the
Certificate of housing in the project as prescribed in Article 9 of this Law
and law on land.
7. Receive the State’s incentives throughout the
project as prescribed.
8. Exercise other rights as prescribed in
regulations of this Law and relevant regulations of law.
Article 26. Responsibilities of an investor in a
commercial housing construction project
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2. Make a deposit to execute the project as
prescribed by law on investment; pay guarantee for housing transactions as
prescribed by law on real estate trading; maintain financial capacity to
execute the project as prescribed by law.
3. Build houses and technical and social
infrastructural constructions in their project according to detailed planning
and decision on project investment guidelines issued by the competent agency,
adhere to design and housing area standards and progress of the approved
project.
4. Reserve the residential land used for technical
infrastructure in the project to build houses as prescribed by law on housing.
5. Publish the information prescribed in point b
clause 5 Article 19 of this Law on their website and at the head office of
their project management board; submit reports on project execution on a
periodic basis and upon project completion as prescribed in law on housing and
law on real estate trading.
6. Fulfill all commitments in the agreements on
project trading, transfer of housing and related documents on housing
transactions to clients; conduct transactions in housing sale, lease, or lease
purchase and trading in land use rights as prescribed in law on real estate
trading.
7. Apply for the Certificates of housing which are
granted to the buyers or the lessees by the competent agency within 50 days,
from the date on which the housing is transferred to the buyers or the lessees
pay off the contractual total amount, unless the buyers or the lessees wish to
apply for the Certificates themselves. In case the housing is built for lease,
the investors must file and store housing dossiers as prescribed in Article 76
and Article 77 of this Law.
8. Provide warranty on housing as prescribed in
this Law and law on construction; discharge financial obligations to the State
as prescribed by law.
9. Abide by effective decisions issued by the
competent authority on imposition of penalties for violations against
regulations on housing development, capital raising, advance payments of
clients, housing transactions and other transactions prescribed in this
Article.
10. Pay compensation if the investor causes damage
to clients or organizations, households or individuals involved in housing
construction.
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Article 27: Official
residences and plans for official residence development
1. The State shall allocate budget, including
central government budget and local government budget to build official
residences or to buy or rent commercial housing for official residences.
Official residences include central official residences and local official
residences.
2. The official residences constructed or
originated from commercial housing must conform to the plans for official
residence development prescribed in clause 3 of this Article to ensure that it
is safe for official residence users to work, and convenient for them to live
and go to work.
3. Official residence development plans shall be
formulated and approved as follows:
a) The central agencies shall determine their
demands for official residences, send them to the Ministry of Construction for
appraisal and formulate the plans for official residence development of the
central agencies, and submit them to the Prime Minister for approval, except
for the case prescribed in point b of this clause;
b) The Ministry of National Defense and/or the
Ministry of Public Security shall determine the demands and formulate the plans
for official residences of entities prescribed in point d clause 1 Article 32
of this Law and submit them to Prime Minister for approval after agreeing with
the Ministry of Construction.
c) The provincial People’s Committee shall make and
approve the plans for official residence development in the plan for local
housing development as prescribed in Article 15 of this Law;
d) The agencies making plans prescribed in points
a, b and c of this clause must clarify the demands for official residences
including type of housing, floor area; location and area for housing
construction, area of commercial housing used for official residences; capital
sources and phasing of investment every year and every 5 years; determine
responsibility of relevant agencies.
4. The Government shall elaborate on the
construction, sale or lease of commercial housing for official residences,
eligible entities, requirements for official residence lease and the management
and use of official residences.
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1. An official residence construction project which
includes new official residences and purchase of commercial housing shall be
set up, appraised, approved and implemented as prescribed in this Law and law
on construction.
2. Official residence construction projects consist
of:
a) Projects in which the investment is decided by
the Prime Minister at the request of the Ministry of Construction leased out to
central agencies, except for case prescribed in point b of this clause;
b) Projects in which the investment is decided by
the Ministry of National Defense and/or the Ministry of Public Security, after
being discussed with the Ministry of Construction and approved by the Prime
Minister leased out to entities prescribed in point d clause 1 Article 32 of
this Law;
c) Projects in which the investment is decided by
the provincial People’s Committee and at the request of agency of province in
charge of housing allocated to entities seconded to local governments.
Regarding entities seconded to urban districts,
rural districts, district-level towns, province-affiliated cities and
equivalent (hereinafter referred to as “districts”) and entities prescribed in
points c, dd, e and g clause 1 Article 32 of this Law, the provincial People’s
Committee shall decide the investment in the projects or authorize the
district-level People’s Committee to decide on the investment in the projects.
3. The investor in an official residence
construction project shall be selected as follows:
a) The Prime Minister shall decide to select an
investor in the project as prescribed in point a clause 2 of this Article at
the request of the Ministry of Construction;
b) The Minister of National Defense and/or Minister
of Public Security shall select an investor in the project as prescribed point
b clause 2 of this Article;
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Article 29. Land used
for official residence construction
1. The area of land used for official residence
construction shall be specifically determined in the construction planning
approved by the competent agency as prescribed in clause 1 Article 16 of this
Law.
2. Regarding central official residences, the
Ministry of Construction shall take charge and cooperate with the People’s
Committee of the province in determination of area of land used for official
residences in administrative divisions, except for cases prescribed in Clause 3
of this Article. The provincial People’s Committee shall allocate land plots
for official residence construction at the request of the Ministry of
Construction.
3. Regarding official residence allocated to
entities prescribed in point d clause 1 Article 32 of this Law, the Ministry of
National Defense and/or the Ministry of Public Security shall take charge and
cooperate with the People’s Committee of the province in determination of area
of land used for official residence construction.
4. Regarding local official residences, the People’s
Committee of the province shall allocate land plots for official residence
construction when filing and approving the planning prescribed in clause 1
Article 16 of this Law.
5. The State shall not collect land levies on land
plots used for official residence construction as prescribed this Article.
Article 30. Buying or renting
commercial housing as official residences
1. Regarding any local government having commercial
housing which is built under projects and conformable with type of housing and
space housing standards prescribed in Article 31 of this Law, the competent
agency prescribed in clause 2 Article 38 of this Law may buy or rent that
commercial housing as official residences.
2. The purchase of commercial housing as official
residences must be made in project and approved by the competent agency
prescribed in clause 2 Article 28 of this Law.
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4. In cases there are not enough official
residences for lease, the competent agency prescribed in clause 2 Article 28 of
this Law shall decide to rent commercial housing as official residences.
5. Funding form the central government budget shall
be provided to buy ỏ rent commercial housing á official residences which are
allocated to entities of central agencies, including housing of the Ministry of
National Defense and/or the Ministry of Public Security. Funding from the local
government budget shall be provided to buy or rent commercial housing as
official residences which are allocated to entities of local agencies.
Article 31. Types of housing
and housing area standards pertaining to official residences
1. Official residences include separate houses and
apartments satisfying different housing area standards appropriate to every
entity entitled to rent the official residence.
2. The housing area standards pertaining to
official residences shall be decided by the Prime Minister and adjusted to be
appropriate from time to time at the request of the Ministry of Construction.
Article 32. Eligible entities
and eligibility requirements for renting official residences
1. The entities entitled to rent official
residences include:
a) Senior officials of the Communist Party and/or
the State entitled to rent the official residences during the period they are
on duty;
b) Officials and civil servants of bodies of the
Communist Party, the State, socio-political organizations who are not entitled
to rent official residences as prescribed in point a of this clause but they
seconded to the central agencies and hold the Deputy Minister position or
higher and equivalent; or seconded to the local agencies and hold the position
of a Chairperson of the district-level People’s Committee or Director of
Department or higher and equivalent;
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d) Officers or non-commissioned officers in People’s
armed forces who are seconded for national defense and security purposes,
except for entities living in the barracks of the armed forces as prescribed in
regulations of law;
dd) Teachers who are teaching in the rural areas,
remote areas, severely disadvantaged areas, border or island areas;
e) Doctors, health workers who are working in the
rural areas, remote areas, severely disadvantaged areas, border or island
areas;
d) Scientists who are in charge of national science
and technology projects prescribed in the Law on Science and Technology.
2. Eligibility requirements for renting official
residences:
a) Official residences are allocated to entities
prescribed in point a clause 1 of this Article for security purposes;
b) Official residences shall be allocated to
entities prescribed in points b, c, d, dd, e and g clause 1 of this Article if
they have not had any house under their ownership and have not purchased,
rented or rented and purchased social housing in the administrative divisions
where they are working; or they have had houses under their ownership in the
administrative divisions where they are working, but their floor area per
capita in the households is lower than the minimum floor area regulated by the
Government from time to time and every area.
Article 33. Rules for
determination of official residence rents
1. It is required to accurately and sufficiently
estimate the cost of operation management and maintenance, and management of
the lease during the lease term of the official residence.
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3. Official residence rents shall be decided and
adjusted from time to time by the competent agency prescribed in clause 2
Article 81 of this Law.
4. In case of renting commercial housing as
official residences, the lessee shall pay the rents which are lower than the
commercial housing rents as prescribed in regulations of the Government.
Article 34. Rights and
obligations of lessees of official residences
1. The lessee of an official residence has the
right to:
a) Receive the official residence and equipment
attached to the housing as agreed upon in the housing lease agreement;
b) Use the official residence as housing for them
or their family during the period he/she is on his/her duty;
c) Request the unit managing and operating housing
to promptly repair damage not caused themselves;
d) Keep concluding the official residence lease
agreement if the lease term expires but he/she still satisfies eligibility
requirements for renting official residence as prescribed in this Law;
dd) Exercise other rights as prescribed in
regulations of law and as specified in the official residence lease agreement.
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a) Use the official residence for residential
purposes and daily needs of them or their families throughout the lease term;
b) Reserve the official residence and attached
assets; do not renovate, repair or demolish the official residence without the
consent of the lessor; or comply with regulations on management and use of
apartment buildings if he/she lives in an apartment;
c) Do not sublet, lend official residences, or
authorize the management of official residences;
d) Pay the contractual rents and pay other living
expenses as regulated by the service provider;
dd) Return the official residence to the State when
he/she is not entitled to rent the official residence, or does not wish to rent
the official residence, or commit violations subject to housing expropriation
as prescribed in this Law within 90 days from the date on which the
notification of the agency in charge of management of official residence is
received;
e) Implement the enforcement of a decision on
housing expropriation issued by the competent agency in case the housing is
subject to expropriation enforcement;
g) Fulfill other obligations as prescribed in
regulations of law and as specified in the agreement on official residence
lease.
Section 4. DEVELOPMENT OF
HOUSING SERVING THE RELOCATION
Article 35. Rules for
development of housing serving relocation (hereinafter referred to
as “relocation housing”)
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2. If the plan for land expropriation or land
clearance to build other constructions is implemented in an area other than the
area prescribed in clause 1 of this Article, but that area has project-based
commercial housing or social housing serving relocation, the State shall use
that housing to serve relocation; if that area has not had any commercial
housing or social housing, the State shall invest in housing construction
serving the relocation before implementing the plan, except for the case
prescribed in clause 4 Article 36 of this Law.
3. If the plan for land expropriation and land
clearance is implemented to run commercial housing construction projects, but
the people subject to the land clearance wish to relocate on the same location,
the investor must give priority to reserving commercial housing in that project
to serve the relocation.
4. If the plan for land expropriation and land
clearance is implemented to run industrial park infrastructure projects but the
people subject to the land clearance wish to relocate, the investor must build
relocation housing in the same area reserved for housing construction according
to the planning for workers working in industrial parks or allocate other housing
in another area to them.
5. The investment in housing construction serving
the relocation must conform to the project; regarding rural areas, the
relocation housing construction project must include the allocation of land
resources to serve production to the people subject to relocation.
6. The relocation housing must be equipped with
sufficient technical and social infrastructure according to the approved
detailed construction planning or design documents and in accordance with
Article 14 of this Law.
Article 36. Methods of
arrangement of relocation housing
1. Buying project-based commercial housing to
lease, lease and sell, sell to the people subject to relocation.
2. Using project-based social housing to lease,
lease and sell, sell to the people subject to relocation.
3. [8]
The State may directly invest in the construction of houses with state budget
capital, national bonds, other bonds, official development assistance capital, concessional
loans from donors, and state-owned development investment credit funds on the
land areas determined for construction of relocation houses according to
approved planning schemes to serve the purposes of lease, lease-purchase or
sale thereof to relocation beneficiaries.
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Article 37. Land used for
relocation housing construction
1. The allocation of land for relocation housing
construction must comply with Article 35 of this Law and regulations of law on
land.
2. The area of land reserved for relocation housing
construction shall be defined in the construction planning approved by the
competent agency as prescribed in clause 1 Article 16 of this Law.
Article 38. Relocation housing construction
projects and investor selection
1. A relocation housing construction project shall
be formulated, appraised, approved and implemented as prescribed in this Law
and law on construction.
2. Investors in a relocation housing construction
project includes specialized project management board in the provincial
People’s Committee, provincial land development organization and real estate
enterprises; the investors shall be selected as prescribed in clauses 3 and 4
of this Article.
3. Regarding the relocation housing construction
project funded by the source of capital or executed using the method
specified in clause 3 Article 36 of this Law, the provincial housing authority
shall the investment decision maker to select an investor.
4. Regarding the relocation housing construction
projects other than those specified in clause 3 Article 36 of this Law, the
investors shall be selected as follows:
a) If the housing is built to serve the relocation
for projects of national significance, the Prime Minister shall decide whether
to select the investors or authorize the Minister of Construction to select the
investors;
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Article 39. Types of housing
and housing area standards pertaining to relocation housing
1. Regarding an urban area, the relocation housing
must meet the requirements below:
a) It is an apartment or separate house which is
built in conformity with the specific construction planning and the approved
plan for local housing development;
b) If it is an apartment, it must be designed or
constructed self-contained style and in conformity with construction standards.
When designing relocation housing, the investor may allocate a portion of area
to run business in conformity with actual condition of every project;
c) If it is a separate house, it must be
constructed according to the approved specific construction planning or design;
conform to the housing architecture principles prescribed in Article 20 of this
Law and maintain a minimum area of land under regulations of law on land.
2. Regarding a rural area, the relocation housing
must meet requirements pertaining to floor area and auxiliary works attached to
the housing serving daily needs or production, housing architecture principles
prescribed in Article 20 of this Law and minimum land area under regulations of
law on land.
Article 40. Management of
quality of relocation housing
1. Housing and construction works in a project are
only commissioned if they meet the requirements pertaining to construction
design and standards. The investor may not change the design of floor area and
auxiliary works (if any) to serve the relocation after the competent agency
approves the plan for relocation.
2. The relocation is only implemented after the
housing is commissioned as prescribed in law on construction.
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a) Investors in relocation housing construction
projects;
b) [9]
(annulled)
c) Investors in projects on construction of
commercial and social housing used for relocation.
4. Every provincial housing authority must provide
guidance on and inspect the management of quality of relocation housing within
its province.
Article 41. Buying commercial
housing and using social housing to serve relocation
1. Regarding the purchase of relocation housing,
the agency in charge of relocation shall conclude the sale agreement or orders
for commercial housing sale with the investors in accordance with the following
regulations:
a) In case the agency in charge of relocation
concludes an agreement on housing sale with the investor, the people subject to
the relocation shall conclude agreements on housing sale, lease, lease purchase
with that agency;
b) In case the agency in charge of relocation
concludes the order for housing sale with the investor, the people subject to
the relocation shall directly conclude agreements on housing sale with the
investor according to the order;
c) The investor in commercial housing project must
request the competent agency to grant Certificates to the buyers or the lessees
prescribed in points a and b of this clause, unless the buyers or the lessees
wish to apply for the Certificates themselves.
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3. The Government shall elaborate on construction,
purchase or use of commercial housing serving the relocation; types of housing
and housing area standards; entities or requirements for the relocation;
procedures for housing transfer and the management and use of relocation
housing.
Section 5. DEVELOPMENT OF
HOUSING OF HOUSEHOLDS AND INDIVIDUALS
Article 42. Requirements
pertaining to development of housing of households and individuals in rural
areas
1. It is required to conform to the rural
settlement construction planning, establish a connection with the technical
infrastructure of residential areas and satisfy sanitary and environmental
requirements.
2. Current housing must be constructed or renovated
in combination with the preservation of architecture of traditional housing and
in conformity with custom and condition of each area or region.
3. Households and individuals are only entitled to
build housing on their lawful pieces of residential land.
4. With regard to the construction of project-based
housing, it must conform to the approved specific planning of the project. With
regard to any area for which the construction permit and design documents are
required, the regulations set out in the construction permit and approved
design documents must be complied with.
5. The provincial People’s Committee shall consider
providing partial or total funding from its budget to households and
individuals preserving or renovating housing in the area whose artistic,
cultural or historic values need preserving.
Article 43. Requirements
pertaining to development of housing of households and individuals in urban
areas
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2. Existing housing must be constructed or
renovated in conformity with the detailed planning for urban area construction
and/or design. Any housing for which the construction permit is required must
be built in conformity with the construction permit.
3. Housing must be built in a manner that
establishes a connection with shared technical infrastructure of the area and
satisfies sanitary and environmental requirements, housing architecture
principles and does not affect adjacent works.
Article 44. Land used for
development of housing of households and individuals
1. Residential land under lawful ownership of
households and individuals, or leased or lent from other households and
individuals to build housing.
2. Residential land allocated by the State to build
housing as prescribed in law on land.
3. Residential land allocated as compensation by
the State in case of land expropriation as prescribed in law on land.
Article 45. Methods of
developing housing of households and individuals
1. Households and individuals in rural areas shall
build housing using the methods below:
a) Build housing themselves, or hire other
organizations or individuals to build housing, or enjoy the support for housing
construction from other organizations or individuals;
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2. Households or individual in urban areas shall
build housing using the methods below:
a) Build housing themselves, or hire other
organizations or individuals to build housing or enjoy the support for housing
construction from other organizations or individuals;
b) Hire organizations or individuals qualifying for
housing construction as required by law on construction;
c) Cooperate in renovation and/or gentrification
including housing.
Article 46. Standards
applicable to and quality of housing of households and individuals
1. Housing must be built on the piece of land
satisfying requirements pertaining to the housing area as prescribed in law on
land.
2. Households or individuals in urban areas shall
build or renovate housing as prescribed in law on construction and take
responsible for the housing quality.
In case a household or individual is permitted to
build a multi-storey house whose each storey has two self-contained apartments
or above satisfying the minimum floor area standard, privately owned parts and
parts under shared ownership in the apartment building as prescribed in this
Law, the ownership of each apartment in that house shall be recognized by the
State.
3. Useful life of the separate housing shall be
determined according to the classification and actual condition of that
housing.
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Article 47. Responsibility of
households and individuals for housing development
1. Follow procedures for renovation or construction
of housing as prescribed in law on construction.
2. Comply with regulations on hygiene and
environment during housing renovation or construction.
3. Ensure the safety of people and assets of
adjacent apartments during housing construction or renovation; if any damage is
caused, compensation must be provided as prescribed by law.
4. If any household or individual invests in
housing construction for lease, lease purchase, or sale, they must also comply
with the regulations enshrined in Chapter VIII of this Law.
5. Fulfill other responsibility when they renovate
or construct housing as prescribed.
Article 48. Cooperation
between households and individuals in housing construction and gentrification
1. Households and individuals shall cooperate in
housing construction and gentrification including housing by using financial
capacity, workforce, materials and effort of all members in the cooperation
group.
2. All members in the cooperation group shall enter
into an agreement on the method of capital contribution, workforce, materials,
duration of cooperation, rights and obligations of the members and their
commitment to implement the agreement.
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SOCIAL HOUSING POLICIES
Section 1. GENERAL PROVISIONS
Article 49. Entities eligible
for social housing-related assistance policies
If the entities below satisfy the requirements
prescribed in Article 51 of this Law, they shall be eligible for social
housing-related assistance policies:
1. People with meritorious services to the
Resolution prescribed in law on preferential treatment for people with
meritorious services to the Resolution;
2. Poor and near-poor households in rural areas;
3. Households that are frequently affected by
natural disasters or climate change in rural areas;
4. Low income persons and poor and near-poor
households in urban areas;
5. Employees working in enterprises inside or
outside industrial parks;
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7. Cadres, public officials and public employees
under regulations of law on cadres, public officials and public employees;
8. Entities who have returned official residence as
prescribed clause 5 Article 81 of this Law;
9. Students of institutes, universities, colleges,
vocational training institutions; students of the public ethnic boarding
schools using social housing during their study;
10. Households or individuals subject to land
expropriation and land clearance as prescribed without any compensation in form
of housing or residential land paid by the State.
Article 50. Method of implementation of social
housing-related assistance policies
1. Providing assistance in lease, lease purchase or
sale of social housing to the entities prescribed in clauses 1, 4, 5, 6, 7, 8
and 10 Article 49 of this Law; lease of social housing to the entity prescribed
in clause 9 Article 49 of this Law.
2. Providing assistance in construction or
renovation of housing to the entities prescribed in clauses 1, 2 and 3 Article
49 of this Law according to the target programs for housing.
3. Allocating residential land with reduction or
exemption from land levies or gifting housing to the entities prescribed in
clauses 1, 2 and 3 Article 49 of this Law as prescribed in law on land or
housing gifting.
4. Granting preferential loans given by the State
to the entities prescribed in clauses 1, 4, 5, 6 and 7 Article 49 of this Law
through social policy banks or credit institutions appointed by the State to
build or renovate their housing.
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1. The entities eligible for the policies as
prescribed in clause 1 Article 50 of this Law shall satisfy the requirements
pertaining to housing, residence, and income as follow:
a) They have not had any house under their
homeownership, have not concluded any agreements on social housing purchase,
lease, or lease purchase, have not benefited from any policy on housing or
residential land support in any shape or form at the places where they live,
study, or have houses under their homeownership, but the floor space per capita
in the household is lower than the minimum space standard regulated by the
Government in every period and every area;
b) They are required to register permanent
residence in the province where the social housing is located; if not, they are
required to register temporary residence in that province for at least one
year, except for cases prescribed in clause 9 Article 49 of this Law;
c) With respect to the entities prescribed in
clauses 4, 5, 6 and 7 Article 49 of this Law, they are required to be not
subject to regular income tax as prescribed in law on personal income tax; with
respect to households living in poverty and near poverty, they must be subject
to the households living in poverty and near poverty as prescribed in
regulations of the Prime Minister. With respect to the entities prescribed in
clauses 1, 8, 9 and 10 Article 49 of this Law, they are not required to satisfy
requirements pertaining to income as prescribed in this point.
2. The entities eligible for the policies as
prescribed in clauses 2 and 3 Article 50 of this Law must conform to the
decision on approval for target programs for housing granted by the competent
agency.
3. Any entity eligible for the policies as
prescribed in clause 4 Article 50 of this Law shall satisfy the requirements
pertaining to housing, residence, and income as follows:
a) They have residential land without housing, or
they have housing but it is damaged or dilapidated;
b) They have registered permanent residence in the
place where their residential land or housing required construction or
renovation is located.
Article 52. Rules for implementation of social
housing-related assistance policies
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a) There is a combination between the State,
communities, relatives and beneficiaries of the policies during the
implementation of the policy;
b) Ensure publicity and transparency and be subject
to close inspection of the competent agency and communities;
c) The policy serves correct beneficiaries which
meet all requirements as prescribed in this Law;
d) In case an entity benefits from more than one
policy, he/she shall only benefit from the best policy; in case there are many
entities meeting the same requirements, the disabled or women shall be given
priority;
dd) In case a household has more than one entity
benefiting from the policies, there is only one policy applying to that
household.
2. Every provincial People’s Committee shall
implement social housing-related assistance and inspect the implementation
thereof within its province.
Section 2. POLICIES ON
DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING FOR LEASE, LEASE PURCHASE OR SALE
Article 53. Forms of social
housing development
1. [10] The State may invest in the
construction of social housing by using state budget capital, national bonds,
other bonds, official development assistance capital, concessional loans from
donors, and state-owned development investment credit funds on the land areas
determined for construction of social housing in accordance with regulations
for lease and lease-purchase purposes.
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3. Households or individuals invest in social
housing construction on their lawful residential land for lease, lease purchase
or sale and receive the State’s incentives prescribed in Article 58 of this
Law.
Article 54. Requirements pertaining to social housing construction projects
1. Conform to the requirements prescribed in
Article 19 of this Law; regarding the social housing construction which is not
covered by the approved housing development plan ỏ program, the provincial
People’s Committee shall seek opinions from the provincial People’s Council
before deciding guidelines for investment in the housing construction project.
2. The provincial People’s Committee shall reserve
a separate area to set up a project on construction of social housing for
lease.
3. With regard to a social housing construction
project which is not located in the area required to set up a separate project on
construction of social housing for lease prescribed in Clause 2 of this
Article, the investor shall reserve at least 20% of area of social housing in
the project for lease; the investor is eligible for incentives for construction
of housing for lease as prescribed in clause 1 Article 58 of this Law
equivalent to such 20% of area and entitled to sell this house to the lessees
as prescribed in regulations on social housing sale after 5-year-lease term.
4. Social housing construction projects must be
managed by the competent agency in terms of their quality, standard areas,
rents, lease-purchase prices, selling prices, and the approval of entities
eligible for housing lease, lease purchase, or sale.
Article 55. Types of housing
and social housing area standards
1. They are apartment buildings or separate houses
in conformity with the detailed construction planning approved by the competent
agency.
2. With respect to separate houses, they must be
designed and built according to social housing construction standards and area
standards.
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Article 56. Land used for
social housing construction
1. When approving urban planning, rural area
construction planning or planning for industrial zone and/or training research
zone construction, the People’s Committee in charge of planning approval shall
determine the area of pieces of land used for social housing construction.
2. The area of land and information about location
used for social housing development shall be announced on the website of the
provincial People’s Committee and provincial housing authority.
3. Land used for social housing development
includes:
a) Land allocated by the State for construction of
housing for lease, lease purchase and/or sale;
b) Land leased by the State for construction of
housing for lease;
c) The area of residential land in the commercial
housing construction projects which is reserved for construction of social
housing as prescribed in clause 2 Article 16 of this Law;
d) Lawful residential land of organizations,
households and/or individuals used for social housing construction.
Article 57. Investors in
commercial housing construction projects
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2. With respect to the social housing invested in
using the source of capital or in the form other than that prescribed in clause
1 Article 53 of this Law, the provincial housing authority shall request the
provincial People’s Committee to select the investor(s) as follows:
a) With respect to the social housing which is
constructed on the piece of land allocated or leased by the State, if there are
more than one investors registering to act as investor(s), they shall be
selected through inviting bids; if there is only one investor registering to
act as the investor, he/she shall be appointed;
b) With respect to the social housing which is
constructed on the piece of land reserved in a commercial housing construction
project as prescribed clause 2 Article 16 of this Law, the investor in that
project shall be appointed as the investor in the social housing construction
project, unless the State allocates such piece of land to another organization
for social housing construction;
d) In case any enterprise or cooperative has lawful
piece of land in conformity with the housing construction planning, meets all
requirement to act as an investor and wishes to build social housing, such
enterprise or cooperative shall be assigned as the investor in the social
housing construction project;
d) In case the social housing is constructed to
provide accommodation for workers in an industrial park, any enterprise
providing infrastructure services, manufacturing enterprise, or real estate
enterprise shall be assigned as the investor in the project by the State.
3. Any household or individual is entitled to build
social housing on their lawful piece of residential land.
4. The investor(s) prescribed in clauses 1, 2 and 3
of this Article shall assume responsibility for social housing construction as
prescribed by this Law.
Article 58. Incentives for
investors in social housing projects
1. An enterprise or cooperative investing in social
housing construction for lease, lease purchase and/or sale without using
capital resources prescribed in clause 1 Article 53 of this Law shall be
provided with the following incentives:
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b) Exemption and/or reduction in VAT and/or
corporate income tax in accordance with regulations of law on taxation; or
qualify for reduction in VAT and/or corporate income tax regarding the social
housing construction for lease much more than the social housing construction
for lease purchase or sale;
c) Concessional loans granted by a bank for social
policies or a credit institution operating in Vietnam; preferential loans
regarding the social housing construction for lease with lower interest rate
and longer terms in loan agreement than the social housing construction for
lease purchase or sale;
d) Total or partial funding for construction of
technical infrastructure within the scope of the social housing construction
project provided by the provincial People’s Committee; total funding in the
case of construction of social housing construction for lease;
dd) Other incentives prescribed in regulations of
law.
2. A household or individual investing in social
housing construction for lease, lease purchase or sale shall be provided with
the incentives prescribed in clause 1 of this Article if they meet all
requirements below:
a) Their housing is constructed in conformity with
the construction planning approved by the competent agency and enables
connection to the infrastructure of an area where housing exists;
b) Their housing meets all requirements regarding
social housing construction and area standards;
c) Their housing's selling price, rent, or lease
purchase price is determined according to the price bracket issued by the
People’s Committee of the province where the housing is located.
Article 59. Incentives for
organizations providing accommodation for their employees
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2. In case an industrial enterprise or cooperative
builds housing to provide accommodation for their employees without collecting
the rents, or collecting the rents but such rents do not exceed the social
housing rents issued by the provincial People’s Committee, in addition to the
incentives prescribed in clause 1 Article 58 of this Law, cost of housing
construction shall be included in the production cost when calculating
corporate income tax.
Article 60. Determination of
the rents and lease purchase prices of state-funded social housing
The rents or lease purchase prices of the social
housing invested in by the State using the source of capital or in the form
prescribed in clause 1 Article 53 of this Law shall be determined as follows:
1. In the case of housing under a lease agreement,
the rents shall comprise the cost of housing maintenance; capital recovery
costs for at least 20-year payback period, from the day on which the lease
agreement is signed; regarding the housing leased out to students, the rents
shall only comprise the administrative cost and maintenance, exclusive of the
capital recovery costs;
2. In the case of housing under a lease purchase
agreement, the lease purchase prices shall comprise the capital recovery costs
for at least 5-year payback period, from the day on which the lease purchase
agreement is signed;
3. The land levies and/or land rents on the piece
of land used for social housing construction shall be exempted;
4. The competent agency prescribed in clause 2
Article 81 of this Law shall prescribe the rents and lease purchase prices of
social housing.
Article 61. Determination of
the rents and lease purchase prices of social housing not invested in by the
State
1. Regarding the social housing which is invested
in using the source of capital or in the form prescribed in clause 1 Article 53
of this Law, their rents, lease purchase prices, or selling prices shall be
determined as follows:
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b) The rents or lease purchase prices shall be
determined as prescribed in point a of this Clause, exclusive of the cost of
housing maintenance paid by the lessees as prescribed in clause 1 Article 108
of this Law;
c) The selling prices shall be determined by the
investor to cover the expenses, loan interest (if any), and generate profits
within the limits prescribed in regulations of the Government, exclusive of the
incentives provided by the State as prescribed clause 1 Article 58 of this Law;
d) The investor shall build the social housing,
then request the People’s Committee of the province where the social housing is
located to carry out the appraisal of housing rents, lease purchase prices, or
selling prices to before they are announced.
2. Regarding the social housing constructed by
households or individuals, the investor shall determine the rents, lease purchase
prices, or selling prices themselves in accordance with point c clause 2
Article 58 of this Law.
Article 62. Rules for social
housing lease, lease purchase or sale
1. The social housing lease, lease purchase or sale
must comply with regulations of this Law, each entity prescribed in clause 1
Article 50 of this Law may not rent, rent and buy, or buy more than one social
house concurrently; the students of public ethnic boarding schools shall be
exempted from housing rents and service charges during their study.
2. The term of a social housing lease agreement is
at least 05 years; the minimum term for lease purchase payment for social
housing is 05 years from the date on which the lease purchase agreement is
signed.
3. The lessee under an agreement on social housing
lease or lease purchase may not sell, sublet, or lend that house during the
term of the agreement; if he/she no longer wishes to rent, or rent and buy that
house, the agreement shall be terminated and that house shall be returned.
4. The buyer under the agreement on social housing
lease purchase or sale may not resell the house within at least 05 years, from
the date on which the total amount is paid off, except for the management unit
of that social housing or entities entitled to buy that social housing if the
management unit does not buy the house at the selling price of the same social
housing in the same location, at the same time. Income from this transaction is
exempted from personal income tax.
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If the buyer or the lessee who is subject to the
relocation may resell the house(s) according to market mechanism after they
have paid off the total amount and have granted the Certificate provided that
they have paid land levies as prescribed in regulations of the Government and
income tax as prescribed in law on taxation as required.
6. Any transactions in social housing lease, lease
purchase, or sale do not comply with regulations of this Law, the agreement on
housing lease, lease purchase, or sale shall be invalidated and the lessee or
the buyer must return the house to the agency in charge of social housing; if
they do not return the house, the People’s Committee of the province where the
house is located shall enforce the expropriation of that house.
The handling of housing rents or prices shall
comply with regulations of law on civil; the handling of social housing lease
purchase prices shall comply with Article 135 of this Law.
Article 63. Social housing
sale, lease or lease purchase
1. The investor in the project for social housing
construction may decide whether to sell, or lease and sell off-the-plan housing
or sell existing housing.
2. The sale or lease purchase of off-the-plan
social housing must meet requirements below:
a) There have been dossiers on housing construction
project; there are approved housing technical design and construction permit if
applicable;
b) In the residential area for sale or lease purchase,
the foundation of the house has been completed as prescribed in law on
construction, the system of roads, water supply and drainage, electricity has
been completed in conformity with the approved specific planning for
construction, design documents and rate of progress; the mortgage on the house
(if any) has been paid off, unless otherwise agreed by the buyer/lessee and the
lender;
c) The provincial housing authority has issued the
notification of housing conformable to sale, except for social housing invested
in by the State using the source of capital prescribed in clause 1 Article 53
of this Law.
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a) In the residential area for lease, lease
purchase, or sale, the technical and social infrastructure has been completed
in conformity with the approved detailed construction planning, design
documents and rate of progress; the mortgage on the house (if any) has been
paid off, unless otherwise agreed by the buyer/lessee and the lender;
b) The housing authority of province has issued the
notification of housing conformable to sale, lease, or lease purchase, except
for social housing invested in by the State using the source of capital
prescribed in clause 1 Article 53 of this Law;
c) The housing satisfies requirements prescribed in
points b and c clause 1 Article 118 of this Law.
4. The investor may not conclude any agreement on
off-the-plan social housing lease; regarding the housing satisfying
requirements prescribed in points a and b clause 2 of this Article, the
investor may only conclude an agreement on deposit and collect the lease
deposit for not exceeding 12 months of provisional housing rents; the agreement
on deposit must comply with requirements pertaining to entities and social
housing lease as prescribed in this Law. If the house satisfies all
requirements as prescribed in clause 3 of this Article, the investor is
entitled to conclude the agreement on housing lease with the contractual party
of the agreement on deposit.
5. The advance paid by the social housing buyer
prescribed in this Article shall conform to agreement on housing sale, approved
floor space completed of the residential building and rate of progress provided
that the total amount of advance paid by the buyer does not exceed 70% of the
house's value which is determined before it is transferred and does not exceed
95% of the house’s value before the buyer is granted the Certificate.
6. The Government shall elaborate on documents
proving the entities and requirements for benefiting from policies on social
housing; building or buying commercial housing for using social housing; type
of housing and social housing area standards; the tax reduction and loan
capital incentives given to social housing for lease; the lease, lease
purchase, sale and management of social housing.
Article 64. Management and use
of social housing
1. With respect to social housing invested in using
the source of capital or in the form prescribed in clause 1 Article 53 of this
Law; if there is only one housing-managing organization, it shall be appointed
by the agency in charge of social housing; if there is more than one
organization carrying out registration, the housing-managing organization shall
be selected through the inviting bids.
2. Regarding the social housing which is invested
in using the source of capital or in the form other than that prescribed in
clause 1 Article 53 of this Law, the management of housing shall be carried out
as follows:
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b) With respect to social housing for lease
purchase, the investor shall manage the house as prescribed in Point a of this
Clause; after the lessee has paid off the total amount to the investor, the
housing shall be managed as prescribed in point c of this Clause;
c) With respect to social housing for sale, the
buyer shall manage the house themselves regarding separate housing; or comply
with regulations on management of apartment buildings as prescribed in this
Law.
3. Incentives which are the same as those provided
for public services are provided for the management of social housing.
4. The social housing-managing organization is
entitled to provide other services not banned from regulations of law in the
social housing area in order to reduce the fees of housing management service.
Section 3. POLICIES ON SOCIAL
HOUSING APPLIED TO HOUSEHOLDS OR INDIVIDUALS BUILDING OR RENOVATING THEIR
HOUSING
Article 65. Housing-related
assistance policies applied to households or individuals building or renovating
their housing
1. The State shall assist households or individuals
prescribed in clauses 1, 2 and 3 Article 49 of this Law in housing
construction, renovation, or repair according to the target programs for
housing.
2. Housing-related assistance policies applicable
to the entities prescribed in clause 1 of this Article shall be implemented as
follows:
a) Partial capital covered by the state budget;
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c) Construction of infrastructure in areas where
housing exists in rural areas;
d) Allocation of residential land with land levy
exemption or reduction as prescribed in law on land applicable to entities
having no residential land;
dd) Housing gifting applicable to entities who are
unable to renovate or repair the house although they have received assistance
as prescribed in points a and b of this Clause
3. The State shall assist households or individuals
prescribed in clauses 1, 4, 5, 6 and 7 Article 49 of this Law in housing
construction, renovation, or repair using preferential loans granted by banks
for social policies or credit institutions which are appointed by the State.
Article 66. Methods for
implementation of housing-related assistance policies applied to households or
individuals building or renovating their housing
1. Households and individuals build, renovate or
repair housing themselves.
2. The State shall build or renovate housing
applicable to the disabled, the solitary who is unable to build or renovate
housing themselves.
Chapter V
FINANCE FOR HOUSING DEVELOPMENT
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1. Capital of organizations, households and
individuals.
2. Loans granted by banks for social policies,
credit institutions, or financial institutions running businesses in Vietnam.
3. Advance payment for housing sale, lease
purchase, or lease as prescribed in this Law.
4. Capital raised through capital contribution,
investment cooperation, business cooperation, joint business, association of
organizations or individuals.
5. Capital granted by the State, including central
capital and local capital, which is granted to assist beneficiaries of social
policies in housing according to the target programs for housing and social
housing construction for lease or lease purchase.
6. Foreign capital and other lawful capital
sources.
Article 68. Rules for raising
capital for housing development
1. The method of capital raising must conform to
each type of housing as prescribed in this Law. Any source of capital which is
raised against requirements pertaining to type of housing as prescribed in law
on housing shall be invalidated.
2. Any organization or individual must satisfy
requirements pertaining to capital raising as prescribed in law on housing.
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4. Organizations and individuals must use raised
capital for the purpose of housing development and may not use it for other
projects or for other purposes.
5. The capital for housing development and
implementation of social housing-related assistance policies shall be managed
as prescribed in this Law, relevant law provisions and agreement of contracting
parties.
6. The Government shall elaborate on capital raising,
content, requirements, and methods of raising of capital for development of
each housing type.
Article 69. Capital for
commercial housing development
1. Capital under ownership of the investor.
2. Capital raised through capital contribution,
investment cooperation, business cooperation, joint business, association of
organizations or individuals.
3. Advance payment under agreements on off-the-plan
housing sale, lease, or lease purchase.
4. Loans granted by credit institutions, or
financial institutions running businesses in Vietnam.
Article 70. Capital for
implementation of social housing policies
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2. Capital of beneficiaries of social housing
policies.
3. Investment capital of the State prescribed in
clause 1 Article 53 of this Law.
4. Capital provided directly to beneficiaries of
social housing policies by the State; capital provided through concessional
loans by bank for social policies or the credit institutions which are
appointed by the State.
5. Capital from Funds and other lawful capital sources.
Article 71. Capital for
official residence development
1. Capital from the state budget includes central
and local government budget.
2. Other sources of capital prescribed in
regulations of law.
Article 72. Capital for development of
relocation housing
1. Capital of investors or capital raised through
capital contribution, investment cooperation, business cooperation, joint
business, association of organizations or individuals.
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3. Capital from Land development funds.
4. Capital from compensation and assistance in
relocation upon land clearance as prescribed by law.
5. Capital raised from other lawful sources.
Article 73. Capital for
development of housing of households and individuals
1. Capital of organizations, households and
individuals.
2. Capital from the cooperation between households
and individuals; assistance from relatives and community.
3. Loans granted by credit institutions, or
financial institutions running businesses in Vietnam.
4. Capital provided for beneficiaries of social
housing-related assistance policies prescribed in Article 65 of this Law by the
State.
5. Assistance from other lawful sources.
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1. The State shall grant preferential loans at low
interests and in the long term by providing funding from its budget for banks
for social policies in order to implement the target programs for housing and
social housing construction.
2. The bank for social policies may raise saving
deposits from domestic households and individuals, who wish to buy, rent and
buy social housing, then grant loans at preferential interests and in the long
term after a certain period in which the saving accounts are deposited.
3. The bank for social policies must manage and use
the source of capital for their intended purposes as prescribed in clauses 1
and 2 of this Article.
4. The Ministry of Construction and the Ministry of
Labor, War Invalids and Social Affairs are responsible for management of
capital resources and use of capital sources as prescribed in clauses 1 and 2
of this Article.
5. The Government shall elaborate on this Article.
Chapter VI
MANAGEMENT AND USE OF HOUSING
Section 1. GENERAL PROVISIONS
ON MANAGEMENT AND USE OF HOUSING
Article 75. Contents of
management and use of housing
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2. Home insurance.
3. Management and use of housing possessing art,
culture and/or history value.
4. Management and use of state-owned housing.
5. Housing warranty, maintenance, renovation, or
demolition.
Article 76. Compiling housing
dossiers
1. The homeowner or the occupiers if it is unable
to determine the homeowner, or the agency in charge of state-owned housing,
shall compile and store the dossiers on housing as prescribed in clause 2 of
this Article and Article 77 of this Law.
2. A housing dossier is prescribed as follows:
a) Regarding housing in rural and urban areas
constructed before July 01, 2006, the dossier shall include documents proving
lawful construction of housing or declarations about housing as prescribed in
law on housing;
b) Regarding housing in urban areas constructed
from July 01, 2006, the housing dossier shall include documents proving lawful
construction of housing; documents stating consultancy, construction unit,
drawings for design, floor plan, site plan, as-built dossiers prescribed in law
on construction (if any);
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d) In the case of project-based housing
construction, the housing dossier shall include documents on housing
construction project and as-built dossiers as prescribed.
Article 77. Archiving and
management of housing dossiers
1. Responsibility of organizations or
individuals for archiving of housing dossiers:
a) The homeowner, or occupiers in case it is unable
to determine the homeowner or management unit of state-owned house management,
shall be responsible for archiving of housing dossiers;
b) Housing authorities of districts shall archive
housing dossiers of Vietnamese households or individuals, overseas Vietnamese
in the districts;
c) Housing authorities of provinces shall archive
housing dossiers of Vietnamese organizations, foreign organizations, foreign
individuals and projects for housing construction in the provinces.
2. When granting the Certificate, the competent
agency shall provide information about housing prescribed in clause 2 Article
76 of this Law to the housing authority at the same level to compile the
housing dossiers.
The People’s Committee of the province shall
promulgate regulations on cooperation of information exchange in housing
between the competent agency in charge of Certificate issuance and the local
housing authority in order to ensure the unanimity of information about housing
or residential land stated in the housing dossier.
Article 78. Home insurance
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2. Forms, premium rates and terms of home insurance
shall comply with law on insurance business and law on fire safety.
Article 79. Management and use
of housing possessing artistic, cultural and/or historical value
1. The housing possessing artistic, cultural and/or
historical value including old villas regardless of forms of homeownership
shall be determined as follows:
a) Any house which is ranked as a national or
provincial cultural and historical monument by the competent agency;
b) Any house other than that specified in point a
of this clause but included in the list approved by the provincial People’s
Committee at the request of the competent agency prescribed in clause 2 of this
Article.
2. The provincial People’s Committee shall set up a
council including representatives of provincial agencies in charge of
architecture, construction and/or culture, professional partnership and related
scientists to determine criteria and list of housing possessing artistic,
cultural and/or historical value in the province for approval.
3. The management and use of housing prescribed in
clause 1 of this Article shall comply with regulations of this Law and law on
cultural heritage; regarding state-owned houses, they must also comply with
Section 2 of this Chapter.
4. Funding for management, maintenance,
reservation, and/or renovation of housing prescribed in point a clause 1 of
this Article and state-owned houses allocated by the government budget.
With respect to housing prescribed in point b
clause 1 of this Article, except for state-owned houses and according to
condition of the province, the People’s Committee of the province shall decide
to provide partial or total funding in order for the homeowner to manage,
reserve, maintain or renovate those houses.
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Article 80. Types of
state-owned houses
1. Official residences which are constructed by the
State, or bought by government budget, or established under ownership of the
State as prescribed by law.
2. Relocation houses which are invested in by the
State using the source of capital or in the form prescribed in clause 3 Article
36 of this Law.
3. Social housing which is invested in by the State
using the source of capital or in the form prescribed in clause 1 Article 53 of
this Law.
4. Old houses which are constructed using the state
budget or the capital derived from the state budget or established under
ownership of the State and leased out to households or individuals as
prescribed in law on housing.
Article 81. Management and use
of state-owned houses
1. State-owned houses must be used for their
intended purposes and in an effective manner that prevents loss and waste; the
housing sale, lease, lease purchase and/or expropriation and management or use
of state-owned houses must comply with regulations of this Law.
2. The following agencies shall be the
representatives of the homeowners and in charge of management of state-owned
houses:
a) The Ministry of Construction shall manage
official residences and/or social housing which are invested in using the
central budget; the Ministry of National Defense and/or the Ministry of Public
Security shall manage the housing invested in by the Ministry of National
Defense and/or the Ministry of Public Security;
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3. State-owned houses shall be managed by any
enterprise or cooperative in charge of housing management and they are entitled
to the same incentives as those provided for public services. State-owned house
managing-organization shall be selected by the competent agency prescribed in
clause 2 of this Article.
4. The official residence is only used for lease,
the social housing is only used for lease, or lease purchase; in case the
lessee obviates the need for using or has to move to another place and is not
subject to demolition or reconstruction of other social housing, the Ministry of
Construction shall carry out appraisal and request the Prime Minister to decide
the housing repurposing and manage the housing lease or sale as prescribed in
this Law.
5. Any lessee of an official residence who is not
entitled to rent official residence, or move to another place, or commit
violations against regulations on management and use of housing leading to
housing expropriation shall return the official residence to the State.
If the aforesaid lessee is not subject to housing
expropriation due to violations against regulations prescribed in Point a, e
and h Clause 1 Article 84 of this Law and has not had any house, the superior
agency of the lessee shall cooperate with the People’s Committee of the
province in leasing, leasing and selling, or selling social housing or
allocating residential land to the lessee according to actual condition after
he/she returns the official residence.
6. The Government shall elaborate on state-owned
house lease, lease purchase, sale, exemption or reduction in housing rents, and
management and use of state-owned houses.
Article 82. Entities eligible
for state-owned house lease, lease purchase or sale
1. Entities eligible for state-owned house lease,
lease purchase or sale:
a) The entity prescribed in clause 1 Article 32 and
clause 9 Article 49 of this Law may only enter into housing lease agreement;
b) The entities prescribed in clauses 1, 4, 5, 6,
7, 8 and 10 Article 49 of this Law may enter into social housing lease or lease
purchase agreement;
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d) The entity using an old house prescribed in
clause 4 Article 80 of this Law may enter into housing lease or sale agreement.
2. Requirements for state-owned housing lease,
lease purchase or sale:
a) The entity entitled to rent official residence
must meet requirements prescribed in clause 2 Article 32 of this Law;
b) The entity entitled to enter into social housing
lease or lease purchase agreement must meet requirements prescribed in clause 1
Article 51 of this Law; if he/she is the entity prescribed in clause 10 Article
49 of this Law, he/she also has not been allocated housing or residential land
subject to relocation;
c) The entity entitled to enter into housing lease,
lease purchase or sale agreement for relocation must obtain the decision on
entities subject to land expropriation and/or housing clearance made by the
competent agency and have not entered any such type of agreement;
d) The entity entitled to rent or buy the old house
must live in that house actually or wish to rent or buy that house.
Article 83. State-owned house
lease, lease purchase or sale
1. The state-owned house lease, lease purchase or
sale must ensure the publicity and transparency; apart from the requirements
prescribed in Article 82, Article 84 and regulations on housing sale, lease, or
lease purchase in the Chapter VIII of this Law, the following regulations must
be followed:
a) The official residence lease must comply with
prescribed in Article 33 of this Law;
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c) The social housing lease, lease purchase or sale
must comply with prescribed in Article 62 and Article 63 of this Law;
d) Regarding old housing lease or sale, that house
has not been filed a lawsuit, or dispute over housing use rights and subject to
lease or sale as prescribed in law on housing.
2. The agreement on housing lease, lease purchase
or sale must comply with prescribed in Article 121 of this Law. The agreement
shall be concluded as follows:
a) Regarding social housing sale or lease purchase,
or old housing sale, the agreement shall be concluded between the buyer or the
lessee and the housing authority;
b) Regarding housing lease, lease purchase or sale
for the relocation, the agreement shall be concluded between entities subject
to relocation and agency in charge of relocation;
c) Regarding housing lease including old housing
lease, official residence lease, or social housing lease, the agreement shall
be concluded between the lessee and housing authority or housing authority
management.
Article 84. State-owned house expropriation
1. A state-owned house shall be expropriated in the
one of cases below:
a) The transaction in housing sale, lease, or lease
purchase is conducted ultra vires, ineligible entities, or failed to meet
requirements as prescribed in this Law;
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c) The lessee returns the house under housing lease
or lease purchase agreement;
d) The lessee is no longer entitled to rent housing
as prescribed in this Law;
dd) The lessee dies or has been declared missing by
the Court but he/she has nobody living together; or the lessee who is entitled
to rent the official residence dies or has been declared as missing by the
Court;
e) The lessee has not paid the rent for 3 months or
more without legitimate reasons;
g) The housing for lease or lease purchase is
subject to demolition for renovation or reconstruction according to the
decision of the competent agency;
h) The lessee does not use the house for proper
purposes as agreed in the housing lease agreement or he/she exchanges, sells,
sublets or lends the house, or expands, renovates, or demolishes the house
himself/herself without the consent of the homeowner.
2. The lessee of the house subject to housing
expropriation as prescribed in Clause 1 of this Article shall return the house
to the housing authority; if not, the agency representing the homeowner shall
enforce the housing expropriation; the People’s Committee of the province shall
enforce that house within 30 days, from the date on which the enforcement
decision on housing expropriation is issued.
Section 3. HOUSING WARRANTY,
MAINTENANCE AND RENOVATION
Article 85. Housing warranty
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Regarding housing for sale or lease purchase, the
seller or the lessor must give housing warranty as prescribed in clauses 2 and
3 of this Article. The seller or the lessor is entitled to request the builder
or the equipment provider to give warranty as prescribed by law.
2. The house shall be given warranty from the date
on which the construction has been completed and the house is permitted to put
into operation with the warranty period below:
a) At least 60 months regarding apartment
buildings;
b) At least 24 months regarding separate housing.
3. The housing warranty shall include repair of
frames, columns, beams, floors, walls, ceilings, roofs, terraces, stairways,
paneled sections, paving, plastering, fuel supply system, electricity supply
system, lighting supply system, water tank and water supply systems, septic
tanks and sewage drainage systems, municipal waste; or solutions to cases of
housing tilt, subsidence, cracking, collapse and other content as agreed in the
agreement on housing sale or lease purchase. Regarding other equipment attached
to the house, the seller or the lessee shall give warranty including repair or
replacement with the time limit recommended by the manufacturer.
Article 86. Housing
maintenance
1. The homeowner is responsible for housing
maintenance; in case it is unable to determine the homeowner, the occupier(s)
of that house shall be responsible for housing maintenance.
2. The housing maintenance must comply with regulations
of this Law and law on construction; regarding any house prescribed in Clause 1
Article 79 of this Law must also comply with regulations on architecture and
planning and law on repair, reserve, and restoration of historical and/or
cultural monuments.
3. The homeowner or the housing maintenance unit
must ensure safety of people, assets, and ensure hygiene and environment during
the housing maintenance progress; the state-own housing maintenance must comply
with regulations in Article 90 of this Law.
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1. The homeowner may renovate any house under their
homeownership; the person other than the homeowner may only renovate that house
with the consent of the homeowner.
2. The home renovation must comply with regulations
of this Law and law on construction; in case the house must be renovated under
a project as prescribed in regulations of law, the renovation must be carried
out according to the approved project. The renovation to state-owned houses
must comply with regulations in Article 90 of this Law.
3. Regarding the house prescribed in Clause 1
Article 79 of this Law, the renovation must comply with law on planning,
architecture, management of cultural heritage; if the house must be approved by
the competent agency before renovation, the homeowner, or the housing authority
must comply with regulations in that approval.
4. Apart from above regulations, in the case of the
old villa prescribed in clause 1 Article 79 of this Law, the regulations below
must be complied with:
a) Do not change the status quo of the villa;
b) Do not demolish the villa if it is not seriously
damaged, in danger of collapse according to appraisal given by the housing
authority of province; if the villa is reconstructed as required, it must
conform to the same architecture, materials, building density, number of
storeys and height as the old villa;
c) Do not create structure in order to increase
area or expand or appropriate outside space of the villa.
Article 88. Rights and
obligations of homeowners in the housing maintenance and renovation
1. The homeowner has the right to:
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b) Request the competent agency to issue the
license for construction as required, or facilitate the housing maintenance or
renovation if it meets all requirements prescribed in law on construction;
c) Exercise other rights as prescribed by law.
2. The homeowner has the obligation to:
a) Comply with regulations of law on housing
maintenance and renovation; and enable other homeowners to maintain or renovate
their houses;
b) Pay compensation in case he/she causes damage to
other people;
c) Fulfill other obligations as prescribed.
Article 89. Maintenance and
renovation of houses under lease agreement
1. The lessor may renovate the house with the
consent of the lessee, except for emergency cases or force majeure events; the
lessee shall enable the lessor to maintain or renovate the house.
2. The lessor is entitled to adjust the proper
rents after finishing the renovation provided that the remaining lease term is
shorter than one third of lease term; in case the lessee does not agree with
the new rent, he/she entitled to unilaterally terminate the agreement and claim
the compensation as prescribed by law.
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4. The lessee is entitled to request the lessor to
maintain the house, unless the house is damaged caused by the lessee; in case
the lessor does not maintain the house, the lessee is entitled to carry out the
maintenance provided that he/she notifies the lessor in writing at least 15
days preceding the maintenance's date. The notification must state the degree
of maintenance and funding therefore. The lessor must pay the maintenance
funding to the lessee or amortize the rents.
Article 90. State-owned house
maintenance or renovation
1. The housing maintenance or renovation must be
approved by the competent agency and comply with regulations of this Law and
law on construction.
2. In case the house under lease agreement is
renovated, it must comply with Article 89 of this Law; in case there is an
approval issued by the housing authority to renovate the house using their own
funding, the renovated part of the house is still under the ownership of the
State, then the housing authority must refund to the lessee or amortize the
rents.
Article 91. Maintenance or
renovation of jointly-owned houses
1. The joint owners of the jointly-owned houses
have rights and obligations in maintenance or renovation of the house in
proportion to their own ownership; in case it is unable to determine the
portion of ownership of each homeowner, the obligations to maintain or renovate
the house shall be divided equally to the joint owners. The maintenance or
renovation of jointly-owned houses must be conducted with the consent of all
joint owners.
2. The funding for the maintenance or renovation of
the shared parts shall be divided in proportion to the ownership of each
homeowner, unless otherwise agreed by the joint owners. Regarding a multi-owner
building, the contributions for maintenance of the shared parts shall be paid
in accordance with Article 108 of this Law.
Section 4. HOUSING DEMOLITION
Article 92. Cases where
housing has to be demolished
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2. Any house in the cases prescribed in clause 2
Article 110 of this Law.
3. Any house subject to land clearance for land
expropriation according to the decision of the competent agency.
4. Any house built in the area banned from
construction or on the piece of land other than residential land under the
planning approved by the competent agency.
5. Any house subject to demolition prescribed
in law on construction.
Article 93. Responsibility for
housing demolition
1. Homeowners or occupiers are responsible for
housing demolition; in case it is required to carry out the land clearance to
rebuild the housing or other construction, the investor shall be responsible
for the housing demolition.
2. Every homeowner may demolish the house
themselves as prescribed in law on construction or hire an organization or
individual licensed for housing demolition.
3. In case an apartment building is demolished to
renovate or rebuild a new apartment building, it must comply with Section 2
Chapter VII of this Law.
4. People’s Committees of communes, wards and
commune-level towns (hereinafter referred to as “communal People’s Committees”)
shall supervise and expedite the housing demolition within their communes.
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1. People and property must be moved outside the
demolition area.
2. There are warning signs and solutions to
create isolation from surrounding area.
3. The requirements pertaining to the safety of
people, assets, surrounding constructions, technical infrastructural works not
subject to demolition, hygiene maintenance and environmental safety must be
satisfied as prescribed by law.
4. The demolition of the housing in the residential
areas may not be conducted from 12:00 to 13:00 and from 22:00 to 05:00, except
for state of emergency.
Article 95. Enforcing housing
demolition
1. In case a house has to be demolished as
prescribed in Article 92 of this Law but the homeowner, the investor in the
construction or the occupier does not voluntarily demolish the house, the
competent agency prescribed in clause 2 of this Article shall issue the decision
to enforce house demolition.
2. The power to issue a decision to enforce house
demolition:
a) The Chairperson of the district-level People’s
Committee shall issue the decision to enforce house demolition for land
expropriation as prescribed in clause 3 Article 92 of this Law and separate
house demolition as prescribed in clauses 1, 4 and 5 Article 92 of this Law;
b) The Chairperson of the provincial People’s
Committee shall issue the decision to enforce apartment building demolition as
prescribed in clauses 1, 2, 4 and 5 Article 92 of this Law.
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4. Funding for enforcing housing demolition:
a) The homeowner, or the occupier, or the investor
shall pay the costs of enforcing demolition and costs incurred in connection
with the demolition;
b) In case the homeowner, the occupier, or the
investor fails to pay the costs, the competent agency issuing the enforcement
decision shall adopt measures for foreclosing on property to provide funding
for the demolition.
Article 96. Dwelling for the
homeowner during housing demolition
1. The homeowner shall manage dwelling himself/herself
when the house is demolished.
2. In case a house subject to land expropriation is
demolished, the dwelling of the homeowner shall be settled under the relocation
housing policy when the State expropriates land as prescribed in this Law and
law on land.
3. In case an apartment building is demolished to
renovate or rebuild a new apartment building, the dwelling of the homeowner
whose apartment building is demolished shall be settled as prescribed in
Article 116 of this Law.
Article 97. Demolition of the
housing under lease agreement
1. The lessor must notify the lessee of the
demolition in writing for at least 90 days before demolition, except for state
of emergency or demolition as defined in the administrative decisions of the
competent agency.
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Chapter VII
MANAGEMENT AND USE OF APARTMENT BUILDINGS
Section 1. MANAGEMENT, USE AND
MAINTENANCE OF APARTMENT BUILDINGS
Article 98. Classification of
apartment buildings
1. Apartment buildings are classified into
different categories to determine the value of the apartment buildings when
managing them or putting them onto the market.
2. The Minister of Construction shall regulate the
classification and recognition of classification of apartment buildings.
Article 99. Service life of
apartment buildings
1. The service life of an apartment building is
determined according to the class of the construction and conclusion on quality
assessment provided by the housing authority of province where the apartment
buildings prescribed in clause 2 of this Article are located. The provincial
People’s Committee shall provide funding for housing quality assessment.
2. When the service life of the apartment building
expires as prescribed in law on construction or the apartment building is
seriously damaged, or in danger of collapse, or unsafe for its occupiers, the
housing authority of province shall carry out housing quality assessment as
follows:
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b) In case the apartment building is seriously
damaged, in danger of collapse, or unsafe for its occupiers, the housing
authority of province shall issue the conclusion on housing quality inspection
and send a report to the People’s Committee of the province, then send a notification
to the homeowner; the content of the notification must be disclosed on the
website of the People’s Committee and the housing authority of province, and by
means of local mass media.
The owner(s) of the apartment building must
demolish the apartment building to renovate or rebuild a new apartment building
or transfer it to the competent agency to demolish or build another work as
prescribed in clause 3 of this Article.
3. Any apartment building and the piece of land on
which an apartment building is located prescribed in point b clause 2 of this
Article shall follow the procedures below:
a) In case the piece of land on which the apartment
building is located is still conformable with the housing construction
planning, the owner(s) is/are entitled to renovate or build a new apartment
building as prescribed in Section 2 of this Chapter;
b) In case the piece of land on which the apartment
building is located is no longer conformable with the housing construction
planning, the owner(s) must return this apartment building to the competent
agency in order to demolish and build another construction according to the
approved planning;
c) In case the owner(s) of the apartment building
fails to implement the decision on demolition or return the apartment building,
the Chairperson of the provincial People’s Committee shall enforce the housing
demolition or enforce the relocation;
d) The settlement of dwelling provided for the
owners of the apartment building which is demolished shall comply with Article
116 of this Law.
In case the apartment building is demolished to
build a new apartment building, the owners are entitled to keep using the piece
of land on which that apartment building is located; in case the apartment
building is demolished to build another construction, the settlements of the
piece of land on which that apartment building is located shall comply with
regulations of law on land.
Article 100. Privately
owned parts and shared parts in apartment buildings
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a) The interior of apartments including balconies,
loggias attached to those apartments;
b) Other areas in the apartment building which are
under private ownership of the homeowner of the apartment building;
c) System of private technical equipment attached
to the apartments and other areas under private ownership.
2. Shared parts in an apartment building include:
a) The remaining area of the apartment building
except for the privately owned parts mentioned in clause 1 of this Article; the
community center of the apartment building;
b) Shared space and supporting structure systems,
technical equipment in the apartment building including frames, columns,
load-bearing walls, enclosing walls, apartment-dividing walls, floors, roofs,
terraces, corridors, stairways, elevators, emergency exits, garbage chute,
systems of electricity supply, water supply, gas supply, communication system,
radio, television, drainage, septic tanks, lightning conductors, fire fighting
and other parts other than privately owned parts of the apartment building’s
homeowners;
c) Exterior technical infrastructure but connected
to the apartment building, except for technical infrastructure system which is
used for public purposes or required to transfer to the State or the investor
in charge of the approved project;
d) Public constructions in the apartment building
area which are not built for commercial purposes or required to transfer to the
State according to the approved project include public yards, flower gardens
and other constructions mentioned in the approved housing construction project.
Article 101. Parking lots and
determination of floor area of apartments, or other areas in apartment
buildings
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a) Any area used for bicycles, vehicles for the
disabled, two-wheel motorcycles, or three-wheel motorcycles of owners or
occupiers of the apartment building shall be under joint ownership and joint
use rights of the apartment building’s owners;
b) Any buyer or lessee of apartments or other areas
in the apartment building may buy or rent the area used for cars of the
apartment building’s owners; in case he/she does not buy or rent that area, it
shall be under management of the investor and the investor may not include the
expenditures on the parking lot construction in the selling prices or lease
purchase prices. The arrangement of parking lot for cars in the apartment
building must follow the rules that the cars of the apartment building’s owners
shall be given priority over other cars.
2. The floor area of apartments or other privately
owned parts of apartment building’s homeowner shall be determined according to
carpet area including the area of partition walls between the rooms and balcony
area, loggia (if any) of the apartment, exclusive of its enclosing walls,
separating walls between the apartments, floor area including column(s), technical
boxes inside. When calculating the balcony area, the total floor area must be
calculated; in case the balcony has shared wall, it shall be calculated from
the inner edge of the shared wall.
Article 102. Apartment
building meetings
1. Apartment building meeting is a meeting between
owners or occupiers of the apartment building if the apartment building’s
owners do not attend.
2. The apartment building meeting shall be held to
decide issues prescribed in clause 3 and clause 4 of this Article when the apartment
building meets all requirements mentioned in the Statue on management and use
of apartment buildings issued by the Minister of Construction.
3. With respect to any apartment building having
many homeowners (hereinafter referred to as “multi-owner building”), the
Apartment building meeting shall be held to decide the issues below:
a) Nominate, elect, or dismiss members of the
Management board of the apartment building; pass, amend the Regulations on
management and use of apartment buildings;
b) Pass, or amend Operation regulation of the
Management board of the apartment building; decide the responsibility allowance
provided for the Management board members and reasonable costs serving the
operation of the Management board;
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d) Decide to choose the managing organization of
the apartment building in case the investor(s) are not in charge of apartment
building management, or they are in charge of apartment building management but
they refuse to manage the apartment building, or they manage the apartment
building but they do not meet requirements as agreed in the agreement on service
provision concluded with the Management board of the apartment building;
dd) Pass the report on operation and maintenance of
shared parts of the apartment building;
e) Decide other issues relating to the management
and use of the apartment building.
4. With respect to any single-owner apartment
building, the Apartment building meeting shall be held to decide the issues
prescribed in points a, b and e clause 3 of this Article.
5. Every decision issued by the Apartment building
meeting on issues prescribed in clause 3 of this Article shall be passed under
the majority rule by the voting by hands or ballots, which is recorded in
writing, and signed by the members in charge of the meeting and secretaries of
the meeting.
Article 103. Apartment
building management board
1. If the apartment building has fewer than 20
apartments regardless of single-owner building or multi-owner building, the
homeowner(s) and/or the occupiers of the apartment building shall decide
whether to set up or not set up the Management board of the apartment building;
if the Management board of the apartment building is set up, it shall follow
the procedures below:
a) Regarding the multi-owner building, the
components of the Management board shall include the representative of the
owner and the occupiers;
b) Regarding the multi-owner building, the
components of Management board of the apartment building shall comply with
clause 2 of this Article.
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3. The Management board of the single-owner
building shall be organized under autonomous model. The Management board of the
multi-owner building shall be organized under model of Board of Directors of a
joint-stock company or under model of Chairman of Board of Cooperatives, which
has legal status, seal and exercise the rights and fulfill obligations as
prescribed in clause 1 Article 104 of this Law.
When electing or dismissing members of the
Management board of the apartment building, the homeowners or occupiers of the
apartment building are not required to set up a joint-stock company or a
cooperative; the members of the Management board shall be elected or dismissed
through the Apartment building meeting according to the Statute of management
and use of apartment buildings issued by the Minister of Construction.
Article 104. Rights and
responsibilities of apartment building management board
1. Regarding a multi-owner building, the Management
board has rights and obligations to:
a) Remind the homeowners or the occupiers to
conform to the Regulations or Statutes of management and use of the apartment
building;
b) Manage and use of funding for maintenance of
shared parts of the apartment building as prescribed of this Law and decisions
issued by the Apartment building meeting; send a report on the use of such fees
to the Apartment building meeting;
c) Request the Apartment building meeting to pass
the fees for apartment building management services;
d) Conclude an agreement on provision of apartment
building management services with the investor or the unit in charge of
apartment building management chosen by the Apartment building meeting as
prescribed in point d clause 3 Article 102 of this Law.
In case the apartment building is not required to
have the managing organization as prescribed in Point b Clause 1 Article 105 of
this Law but it is transferred to the Management board of the apartment
building by the Apartment building meeting, the Management board shall conduct
the receipts and expenditures of funding provided for in the decision of
Apartment building meeting;
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e) Collect opinion and suggestion from the
occupiers about the management, use and provision of apartment building
services, then cooperate with related competent agencies, organizations or
individual in consideration;
g) Cooperate with the local governments and
sub-quarters in adoption of civilized lifestyle, and maintenance of social
order and security in the apartment building;
h) Conform to Operation regulation issued by the
apartment building management board passed by Apartment building meeting, do
not dismiss or supplement members to the apartment building management board
itself;
i) Receive responsibility remuneration and
reimbursement for any reasonable costs incurred under decisions issued by
Apartment building meeting;
k) Take legal responsibility, take responsibility
to the homeowners or occupiers when they exercise rights and fulfill
obligations inconsistently with this Clause;
l) Perform other tasks assigned by the Apartment
building meeting in accordance with regulations of law.
2. Regarding a single-owner building, the apartment
building management board shall exercise rights and fulfill obligations as
prescribed in points a, e, g, h, i, k and l clause 1 of this Article.
Article 105. Management of
apartment buildings
1. The management of an apartment building shall be
carried out as follows:
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b) Regarding any apartment building having no
elevator, the Apartment building meeting shall be held to decide whether to
manage themselves or hire a unit licensed for management of apartment buildings
to manage the apartment building.
2. Any apartment building managing unit must
satisfy requirements pertaining to competency as follows:
a) It is established and operates as prescribed in
regulations of the Law on Enterprises or the Law on Cooperatives and licensed
for apartment building management;
b) It is required to have departments in charge of
apartment building management including technology, service, security, hygiene,
or environment units;
c) There are personnel meeting requirements
pertaining to housing management including construction, electric technique,
water, fire safety, operation of equipment attached to the apartment building
and certificates of training in apartment building management as prescribed in
regulations of the Minister of Construction.
3. The apartment building managing unit shall
manage the technical system, equipment, and provision of apartment building
services, maintain the apartment building and perform other tasks relating to
the apartment building management.
4. The apartment building managing unit is entitled
to collect fees for management of the apartment building from the homeowners,
or the occupiers according to the prices prescribed in clause 3 and clause 4
Article 106 of this Law; regarding the state-owned apartment building, the fees
for management services shall comply with regulations in point a clause 5
Article 106 of this Law.
5. The managing unit is entitled to manage more
than one apartment building in the same or different administrative divisions.
Article 106. Fees for
apartment building management services
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2. The service fees do not include the costs of
maintenance of shared parts, parking fees, expenditures on fuel, energy, tap
water, television services, communication and other fees serving the private
use of the homeowners or occupiers.
3. Regarding a multi-owner building, the service fees
shall comply with regulations below:
a) In case of failure to organize the Apartment
building meeting for the first time, the service fees shall be the fees as
defined in the agreement on housing sale or lease purchase,
b) In case the Apartment building meeting has been
organized, the service fees shall be determined by the Apartment building
meeting.
4. Regarding any single-owner building, the service
fees shall be charged according to the agreement concluded between the
homeowner and the occupiers; regarding any state-owned apartment building, the
service fees shall comply with clause 5 of this Article.
5. Every provincial People’s Committee shall issue
the service fee bracket in order to apply to the following cases:
a) Collect fees for management of state-owned
apartment buildings in the province;
b) Enable contracting parties to enter into
agreements on housing sale or lease purchase or in case there is dispute over
the service fees between the managing organization and the homeowners and the
occupiers; in case of failure to agree upon the service fees, the fees in the
service fee bracket issued by the provincial People’s Committee shall be
applied.
Article 107. Apartment
building maintenance
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2. Regarding a multi-owner building, the payment of
fees for maintenance of common areas shall be provided as prescribed in Article
108 of this Law and that fees shall be used as prescribed in Article 109 of
this Law.
3. The maintenance, procedures for maintenance and
management of documents on the apartment building maintenance shall comply with
the law on construction.
Article 108. Funding for
maintenance of shared parts of multi-owner buildings
1. The funding for maintenance of shared parts of
multi-owner buildings in a multi-owner building shall comply with regulations
below:
a) Regarding apartments or other areas in the
apartment building which are sold, or leased and sold by the investor, the
investor must pay 2% of value of the apartments or other areas; this amount of
money shall be included in the selling price or lease purchase price paid by
the buyer or lessee when transfer the apartments or other area, which is stated
in the agreement;
b) Regarding apartments or other areas in the
apartment building which are not sold, or lease and sold by the investor or
have been not sold, or leased and sold up to the date on which the apartment
building is put into operation, except for the common areas, the investor must
paid 2% of value of the remaining apartments or areas; this value shall be
determined according to the highest selling price of apartments in the
apartment building.
2. In case the maintenance funding prescribed
in clause 1 of this Article is not enough for the maintenance of shared parts
of the apartment building, the homeowner must provide additional funding in
proportion to the areas under private ownership of every homeowner.
3. In case the investor concludes agreements on
sale or lease purchase of apartments or other areas in the apartment building
before July 01, 2006 but he/she has not collected contribution towards
maintenance of common areas, the homeowners of apartment building shall hold an
Apartment building meeting to determine the contribution; that contribution may
be paid monthly into the deposit account in deposit account a credit
institution operating in Vietnam made by the Management board or collected
whenever the maintenance is required.
4. In case the investor concludes agreements
on sale or lease purchase of apartments or other areas in the apartment building
after July 01, 2006, but the maintenance funding is not agreed upon in the
housing sale and lease purchase agreement, the investor shall make this
contribution; in case the selling prices or lease purchase prices in the
agreement are not included the maintenance funding, the investor shall make the
contribution relating to funding for common areas as prescribed in Clause 3 of
this Article.
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Article 109. Management and
use of funding for maintenance of shared parts of multi-owner buildings
1. Regarding the funding for maintenance prescribed
in Clause 1 Article 108 of this Law, within 07 days, from the day on which the
service fees are collected from the buyers for apartments or other areas in the
apartment building, the investor shall send it to the savings account opened in
a credit institution operating in Vietnam for management and notify the housing
authority of province.
Within 07 days from the day on which the apartment
building management board is established, the investor shall transfer the
maintenance funding including interests to the Management board in order to
manage and use it as prescribed in this Law and notify the housing authority of
province; if the investor fails to transfer such funding, the Management board
of apartment building entitled to request the People’s Committee of the
province where the apartment building is located to enforce the transfer as
prescribed in regulations of the Government.
2. The maintenance funding prescribed in Article
108 of this Law is only used for maintenance of the common areas of the
apartment building, neither used for management of apartment building nor other
purposes; in case the apartment building is subject to the demolition and the
maintenance funding still remains, the remaining funding shall be used for the
relocation or transferred to the new maintenance funding for the common areas
of the new apartment building.
3. The Management board of apartment building shall
manage and use the maintenance funding for proper purposes or works according
to the plan for maintenance approved the Apartment building meeting annually.
The use of the funding for maintenance of common areas is required invoices
with payment and settlement as prescribed in law on finance and reported to the
Apartment building meeting.
Any member of the apartment building management
board who uses the funding in contravention of clause 2 of this Article and
this clause shall take legal responsibility and pay compensation for damage.
4. The management and use of the portion of
maintenance funding prescribed in clause 5 Article 108 of this Law:
a) The portion of maintenance funding for shared
parts of the apartment building and the apartments shall be transferred into
the account opened by the apartment building management board for management
and use as prescribed in this Article;
b) The portion of maintenance funding for shared
parts of the business area, the owners of that business area shall manage and
use it themselves.
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Article 110. Cases where
apartment buildings are demolished demolition for renovation or reconstruction
1. Apartment buildings subject to demolition for
renovation or reconstruction which are determined as prescribed in point b
clause 2 Article 99 of this Law.
2. The damaged apartment buildings which are not
subject to demolition but in the area subject to renovation or construction to
be in harmony with those subject to demolition as prescribed in clause 1 of
this Article according to approved construction planning.
3. The apartment buildings which are not specified
in clauses 1 and 2 of this Article but are demolished for re-construction with
the consent of all owners through the Apartment building meeting.
Article 111. Formulation of
plans for renovation and reconstruction of apartment buildings
1. People’s Committee of the province where the
apartment building is located shall review and produce statistics on types of
apartment buildings in the province; make and approve the plan for apartment
building renovation and reconstruction as prescribed in clauses 1 and 2 Article
110 of this Law.
2. The plan for apartment building renovation or
reconstruction may be separately made and approved or shall be formulated in
the plans for local housing development and must be disclosed by means of local
mass media, or on the website of the provincial People’s Committee or
provincial housing authority of province and send notifications to residential
areas and People’s Committees of communes where apartment buildings are
located.
Article 112. Requirements for
demolition of apartment buildings for renovation or reconstruction
1. Any apartment building which is demolished for
renovation or reconstruction must satisfy requirements prescribed in Article
110 of this Law and conform to the approved construction planning and programs
and plans for local housing development.
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3. The renovation and reconstruction must conform
to the project and renovate the housing in the area of the project according to
approved construction planning.
4. The renovation and reconstruction of state-owned
apartment buildings must be approved by the competent agency and in accordance
with regulations on renovation and reconstruction of state-owned houses.
Article 113. Forms of
renovation and reconstruction of apartment buildings
1. Any real estate enterprise invests or
contributes capital together with owners having apartment buildings prescribed
in Article 110 of this Law to renovate or rebuild apartment buildings, unless
the owners prescribed in clauses 1 and 2 Article 110 of this Law do not comply
with decision on demolition.
2. The State shall enforce the demolition and
directly invest in renovation or reconstruction of apartment buildings using
the capital prescribed in Clause 3 Article 36 of this Law regarding cases
prescribed in clauses 1 and 2 Article 110 of this Law but the owners of the
apartment building do not comply with decision on demolition.
Article 114. Investors in
projects on renovation and reconstruction of apartment buildings
1. The investors in project on renovation and
reconstruction of apartment buildings shall be selected as follows:
a) In case the State uses the capital prescribed in
clause 3 Article 36 of this Law to invest in renovation or reconstruction of
the apartment building, the housing authority of province shall request the
person in charge of investment approval to select the investor(s);
b)[11] (annulled)
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2. The investors in projects on renovation and
reconstruction of apartment buildings may only be selected after its plan is
approved by the provincial People’s Committee.
3. In case of renovating or rebuilding the
apartment building as prescribed in points b and c clause 1 of this Article,
the investor must meet all requirements as prescribed in Article 21 of this
Law.
Article 115. Plans for
relocation in case of demolition of apartment buildings
1. In case the single-owner building is being used
for lease, the accommodation for lessees shall be arranged according to agreement
between the owner and the lessees.
2. If the multi–owner building is invested by real
estate enterprise, the owner of that building and the enterprise shall agree
about the plan for relocation following rules prescribed in Article 116 of this
Law to request the People’s Committee of the province where the apartment
building is located to grant approval.
The owners of the apartment building must hold an
Apartment building meeting makes a plan for relocation, and then send it to the
People’s Committee of the province where the apartment building is located.
3. In case the apartment building is subject to
regulations prescribed in clause 1 and clause 2 Article 110 of this Law but the
owner does not implement the decision on demolition, the People’s Committee of
the province where the apartment building is located shall enforce the
demolition and make and approve a plan for relocation as prescribed in Article
116 of this Law.
Article 116. Provision of relocation
housing
1. Relocation housing shall be provided for the
owners having the apartment building subject to demolition as follows:
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b) In case the owners have the need for relocation
at the old site, they shall be provided with new houses whose areas are equal
to or greater than the areas of old houses.
In case the State invests in renovation and
reconstruction of apartment buildings but there is difference in value between
old houses and new houses, the payment for difference shall be carried out in
conformity with the approved plan for relocation; if the real estate enterprise
and the owner agree to invest in renovation and reconstruction of apartment
buildings, the difference shall be paid according to agreement between
contracting parties;
c) The provision of relocation housing shall be
carried out according to agreements on housing lease or lease purchase
concluded between the people qualified for relocation and the agency in charge
of relocation if the relocation is invested in by the State; or concluded with
the investor in the project if the relocation is invested in the real estate
enterprise;
d) Apart from the provision of relocation housing
prescribed in this clause, the people provided with relocation housing may
receive assistance in accordance with regulations of law on compensation,
assistance and relocation.
2. The provision of relocation housing/land to the
owners whose apartment buildings have to be demolished to build another
construction shall be carried out as prescribed in Article 36 of this Law.
3. In case the State invests in renovation and
reconstruction of apartment buildings, the investor must provide temporary
accommodation or pay money for the people qualified for relocation to manage
their accommodation during the renovation or reconstruction period; in case the
real estate enterprise and the owner jointly invest in renovation and
reconstruction of apartment buildings, contracting parties shall agree about
the provision accommodation of the owners during the renovation or
reconstruction period.
4. The Government shall elaborate on the demolition
of apartment building for renovation and reconstruction of apartment buildings
and the relocation.
Chapter VIII
TRANSACTIONS IN HOUSING
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Article 117. Methods of transactions
in housing
Transactions in housing include agreements on
housing sale, lease, and lease purchase, transfer of agreements on commercial
housing sale, gifting, exchange, inheritance, mortgage, capital contribution,
lending, permission for stay, and management authorization.
Article 118. Requirements
applied to houses entered into transactions
1. Any house regarding transactions in housing
sale, lease purchase, gifting, mortgage, or capital contribution shall meet the
requirements below:
a) There is the Certificate as prescribed, except
for cases prescribed in clause 2 of this Article;
b) There is no dispute, complaint, or proceedings
for homeownership; the term of homeownership has not expired if the house is
under a term contract on housing;
c) The house is not distrained for judgment
enforcement or for execution of a legally valid administrative decision issued
by a competent agency;
d) There is no decision on land revocation,
notification of housing clearance or demolishment issued by the competent
agency.
The requirements prescribed in points b and c of
this clause shall not apply to transactions in off-the-plan housing sale or
lease purchase.
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a) Transactions in off-the-plan housing sale or
mortgage;
b) Transactions in house of gratitude gifting;
c) Transactions in state-owned housing sale or
lease purchase; social housing or non-state-owned housing serving the
relocation sale or lease purchase; housing sale prescribed in clause 4 Article
62 in this Law;
d) Transactions in housing lease, lending,
permission for stay, authorized management of housing;
dd) Transactions in housing inheritance;
e) Transactions in transfer of agreement on
commercial housing which is under housing construction projects including the
case in which the house is received from the investor but the application for
the Certificate of that house has not sent to the competent agency.
Any documentary evidence on requirements pertaining
to the house to be entered into the transaction as prescribed in this Clause
shall comply with regulations of the Government.
3. Any house under lease contract shall both comply
with points b, c, and d clause 1 of this Article and satisfy requirements
pertaining to quality, safety regarding the lessee, electricity system, water
supply and drainage, hygiene and environment.
Article 119. Requirements
pertaining to parties in the housing transactions
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a) He/she is the homeowner, or the person permitted
and authorized by the homeowner to enter into housing as prescribed in this Law
and law on civil; if the agreement of commercial housing is transferred, he
must be the buyer for housing of the investor or the transferee of the
agreement on housing sale;
b) If the entity is a person, he must have full
civil capacity to enter into transactions in housing as prescribed in law on
civil; if the entity is an organization, it must have legal personality, except
for the organization giving house of gratitude.
2. If the entity who buys, rents, rents and
purchases housing, or receives agreements on commercial housing sale, receives
housing exchange, gives, inherit housing, receives housing as capital
contribution or mortgage, borrows, or stays in housing, or is authorized to
manage housing is a person, he/she must satisfy following requirements:
a) If the entity is a Vietnamese person, he/she
must have full civil capacity to enter into transactions in housing as prescribed
in law on civil and he/she is not required to register permanent residence in
the place where the house under transactions is located;
b) If the entity is a foreign person, or an oversea
Vietnamese, he/she must have full civil capacity to enter into transactions in
housing as prescribed in Vietnamese law, qualify for the homeownership in
Vietnam as prescribed in this Law and he/she is not required to register
temporary or permanent residence in the place where the house under
transactions is located.
3. If the entity who buys, rents, rents and
purchases housing, or receives agreements on commercial housing sale, receives
housing exchange, gives, inherit housing, receives housing as capital
contribution or mortgage, or is authorized to manage housing is an
organization, it must have legal personality regardless of place where it sets
up or registers business; if the entity is a foreign organization, it must be
permitted to acquire the homeownership in Vietnam as prescribed in this Law; if
it is authorized to manage housing, it must provide real estate services and
run business in Vietnam as prescribed in law on real estate trading.
Article 120. Procedures for
entering into housing transactions
1. Any parties entering into housing transactions
shall conclude agreements on housing sale, lease, lease purchase, giving,
exchange, mortgage, capital contribution, lending, permission for stay, or
authorized management of housing or documents on transfer of agreement on
commercial housing sale (hereinafter referred to as “housing agreement”)
according to regulations prescribed in Article 121 of this Law; regarding the
organization giving house of gratitude, only document on giving is required.
2. The contracting parties shall agree to choose a
party to request the competent agency to grant the Certificate of housing;
regarding housing which is bought or leased and purchased from the investor,
the investor must complete the procedures for the Certificate issued to the
buyer or the lessee by the competent agency, unless the buyer or the lessee
wishes to completes the procedures themselves.
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Article 121. Housing
agreements
A housing agreement shall be concluded by
contracting parties and made in writing, including:
1. Full names of individuals, names of
organizations and addresses of contracting parties;
2. Description of characteristics of the house and
the piece of land attached to that house. Regarding agreements on apartment
sale or lease purchase, contracting parties must state shared parts and
privately owned parts; usable areas under private ownership; floor area;
purposes of shared parts and privately owned parts in the apartment building
according to approved design;
3. Value of contributed capital, transaction price
of housing if there is a term on pricing in the agreement; regarding
transactions in housing sale, lease, or lease purchase for which the prices are
regulated by the State, contracting parties shall comply with such regulations;
4. Deadline for and method of payment regarding
transactions in housing sale, lease, lease purchase or transfer of agreements
on housing sale;
5. Deadline for housing transfer; housing warranty
duration regarding transactions in buying or renting and buying new house;
terms of agreements on housing lease, lease purchase, mortgage, lending,
permission for stay, authorized management of housing; deadline for capital
contribution;
6. Rights and obligations of contracting parties;
7. Commitments of contracting parties;
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9. Effective date of the agreement;
10. Date of agreement;
11. Signatures and full names of contracting
parties, or seals (if any) and positions of the signatories regarding
organizations.
Article 122. Notarization and
authentication of agreements and effective date of housing agreements
1. Regarding an agreement on housing sale, giving,
exchange, capital contribution, mortgage, or transfer of agreement on
commercial housing sale, it is required to notarize or authenticate the
agreement, except for cases prescribed in clause 2 of this Article.
Regarding any agreement prescribed in this clause,
the effective date of the agreement shall be the date on which the agreement is
notarized or authenticated.
2. Regarding transactions in giving houses of
gratitude; sale or lease purchase of state-owned housing; sale or lease
purchase of social housing, housing serving the relocation; contributed housing
which one entity of contracting parties is an organization; housing lease,
lending, permission for stay, or authorization of housing management, it is not
required to notarize or authenticate the agreement, unless contracting parties
wish to notarize or authenticate the agreement.
Regarding any agreement prescribed in this Clause,
the effective date of the agreement shall be agreed by contracting parties; if
the contracting parties do not reach an agreement, the effective date of
agreement shall be the date on which the agreement is signed.
3. The documents on housing inheritance must be
notarized or authenticated pursuant to the legislation on civil matters
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Section 2. HOUSING SALE,
TRANSFER OF HOUSING SALE AGREEMENTS
Article 123. Housing sale,
transfer of agreements on commercial housing sale
1. Any transaction in housing sale must be made
under agreement in accordance with regulations prescribed in Article 121 of
this Law. The contracting parties may agree that the seller sells the house
and/or transfer the piece of land attached to that house within a certain
period of time to the buyer as prescribed in regulations of the Government.
2. In case the buyer buys a commercial house from
the investor but he/she has not applied to the competent agency for the
Certificate of housing, he/she may transfer the housing sale agreement; the
transferee must fulfill agreed obligations in the housing sale agreement.
Procedures for transfer, content and form of
documents on transfer of housing sale agreement shall comply with regulations
of the Minister of Construction; the transferor shall pay taxes and/or fees as
prescribed on in accordance with regulations of law on taxes and fees.
Article 124. Housing selling
prices, prices of transfer of agreements on commercial housing sale
The selling prices of houses and prices of transfer
of housing selling agreements shall be agreed upon by contracting parties and
stated in the housing sale agreements or documents on transfer of housing sale
agreement; if the State regulates prices of housing sale, contracting parties
must comply with that regulations.
Article 125. Installment
sale of housing
1. The installment sale of housing shall be agreed
by contracting parties and stated in the housing sale agreement; within the
installment period, the housing buyer shall exercise his right to use the house
and fulfill obligations to maintain that house, unless that house is under
warranty period as prescribed in this Law or otherwise agreed.
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During the installment period, if the buyer dies,
his/her lawful heir(s) may exercise rights and fulfill obligations of the
buyer, when the heir(s) pay off the total amount to the seller, they shall be
granted the Certificate.
3. If the buyer wishes to return the house during
the installment period and the seller agrees, both parties shall agree about
the method of house return and the refund of the housing payment.
Article 126. Selling
jointly-owned houses
1. Any jointly-owned house must be sold with the
consent of owners; in case any joint owner does not consent to sell the house,
other joint owners are entitled to request the Court to handle the house as
prescribed in regulations of law. The joint owners shall acquire pre-emption
rights to buy the house, if not; it shall be bought to other people.
In case there is any owner who is declared missing
by the court, the remaining owners are entitled to sell that house; the share
of the house held by the missing owner shall be handled as prescribed.
2. In case any joint owner sells his/her share,
other joint owners shall acquire pre-exemption rights to buy it; if it is not
bought by any owner within 30 days, from the day on which the notification of
sale of joint ownership house and requirements for sale, it shall be sold to
other people; in case there is any violation against pre-emption rights, it
shall be handled pursuant to the legislation on civil matters.
Article 127. Selling houses
under lease agreements
1. In case a homeowner buys a house under a lease
agreement, he/she must notify the lessees in writing of the sale and
requirements for sale; if the lessees have paid off the rents up to the date on
which the notification is sent, they shall acquire pre-emption rights to buy
the house, except for jointly-owned houses; if the house is not bought by any
lessee within 30 days from the date of which the lessees receive the
notification, the homeowner is entitled to sell the house to other people,
unless both contracting parties otherwise agreed about the deadline.
2. If a state-own house under a lease agreement is
sold, the regulations enshrined in Section 2 Chapter VI of this Law shall be
complied with.
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If the State wishes to buy a house used for
national defense and security purposes, national or public benefits although
that house is under an agreement on housing sale, the Chairperson of the
provincial People’s Committee shall issue a compulsory purchase order. The
prices, conditions and methods of payment shall be carried out according to the
agreement on housing sale concluded by contracting parties. The State shall pay
compensation to contracting parties (if any). The agreement on housing sale
shall be annulled.
Section 3. HOUSING LEASE
Article 129. Lease term and
housing rents
1. The lessor and the lessee may agree upon lease
term, rents and payment, lump sum or installment payments; if there are any
regulations on housing rent regulated by the State, the contracting parties
shall comply with regulations.
2. If the lessor renovates the house with consent
of the lessee although the lease term does not expire, the lessor is entitled
to adjust the housing rents. The new rent shall be agreed by contracting
parties; if not, the lessor is entitled to unilaterally terminate the lease
agreement and pay compensation to the lessee as prescribed.
3. Legitimate rights and interests of the lessor
and the lessee shall be protected by the State over the lease term.
Article 130. Jointly-owned
houses for lease
1. The lease on a jointly-owned house must be
agreed by all homeowners, unless the joint owners lease out their shares.
2. The joint owners may authorize their
representatives to conclude housing lease.
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1. With respect to an agreements on state-owned
house lease, it shall be terminated in one of cases prescribed in clause 1
Article 84 of this Law.
2. With respect to an agreement on
non-state-owned house lease, it shall be terminated in one of the following
cases:
a) The lease agreement expires; regarding the
unlimited term agreement, it shall terminate after 90 days from the day on
which the lessor notifies the lessee of the termination of the lease agreement;
b) Both contracting parties agree to terminate the
agreement;
c) The house for lease no longer exists;
d) The lessor does not live with anybody when
he/she dies or is declared missing by the court;
dd) Any house for lease which is damaged, in danger
of collapse or in the area subject to land expropriation or housing clearance
or demolition according to decisions issued by the competent agency; or any
house for lease subject to decision on compulsory purchase order or
commandeering issued by the State to use for other purposes.
The lessor must notify the lessee of the
termination of the lease agreement in writing 30 days in advance as prescribed
in this Clause, unless otherwise agreed;
e) The agreement terminates as prescribed in
Article 132 of this Law.
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1. During the lease term, the lessor may not
unilaterally terminate the lease agreement and withdraw the house, except for
cases prescribed in clause 2 of this Article.
2. The lessor is entitled to terminate unilaterally
the lease agreement and withdraw the house in one of following cases:
a) The lessor leases out the state-owned houses or
social houses ultra vires and against the requirements as prescribed in this
Law;
b) The lessee has not paid the rent for 3 months or
more without reasonable reasons;
c) The lessee uses the house for improper purposes
as agreed upon in the agreement;
d) The lessee expands, renovates or demolishes the
house under lease agreement without the consent of the homeowner;
dd) The lessee exchanges, lends, sublets the house
under lease agreement without consent of the lessor;
e) The lessee still creates disorder or breaches
hygiene an environment conditions causing negative effects on activities of the
neighborhood although he/she is warned for the third time by the lessor or the
chief of neighborhood, the chief of village;
g) Cases prescribed in clause 2 Article 129 of this
Law.
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a) The lessor does not repair the house when it is
seriously damaged;
b) The lessor increases the rents unreasonably or
increases the rents without notification to the lessee;
c) The right to enjoyment of the house is
restricted by interests of a third party.
4. If any party unilaterally terminates the
lease agreement, the other party must be informed for at least 30 days, unless
otherwise agreed; if he/she commits violations mentioned in this clause and
cause damage, he/she must pay compensation as prescribed.
Article 133. Rights to
continue renting houses
1. In case the homeowner dies but the lease has not
expired, the lessee has right to continue renting the house for the rest of
their lease term. The heir is required to keep performing the lease agreement, unless
otherwise agreed. If the homeowner has no lawful heir as prescribed, that house
shall be under ownership of the State and the lessees have right to continue
renting as prescribed in regulations on management and use of state-owned
houses.
2. If the homeowner transfers ownership of the
house under lease agreement to other people but the lease term has not expired,
the lessee has right to continue renting for the rest of their lease term; the
new homeowner must keep performing the lease agreement, unless otherwise
agreed.
3. If the lessee dies but the lease term has not
expired, any people living with the lessee has right to continue renting for
the rest of the lease term, except for official residence lease or unless
otherwise agreed.
Section 4. SOCIAL HOUSING
LEASE PURCHASE
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1. Any transaction in social housing lease purchase
must be concluded under an agreement as prescribed in Article 121 of this Law;
regarding the lease purchase transaction in social housing which is invested by
organizations or individuals, the lease purchase agreement must be concluded
between the investor and the lessee; regarding the lease purchase transaction
in state-owned social housing, the lease purchase agreed shall comply with
point a clause 2 Article 83 of this Law.
2. When the lease purchase term expires and the
lessee has paid off the total amount as agreed, the lessor is required to
request the competent agency to grant the Certificate the lessee, unless the
lessee wishes to apply for the Certificate himself/herself.
Article 135. Rights and
obligations of lessees under agreements on lease purchase of social housing
1. The lessee must comply with Article 62 of this
Law and fulfill other obligations as specified in the agreement on housing
lease purchase.
In case the lease purchase term expires but the
lessee has been received the house, the lessee shall return the house to the
lessor; the lessee may claim a refund of the option, except for cases
prescribed in point e and point h clause 1 Article 84 and clause 2 Article 136
of this Law.
2. If the lessee dies, it is required to follow the
procedures below:
a) If there is any lawful heir living in that house
with the lessee, he/she has right to continue renting and buying the house,
unless the lawful heir voluntarily returns the house under lease purchase
agreement;
b) If the lessee has lawful heir(s) but they do not
live together in that house, and the lessee has paid for two-thirds of the
lease purchase term, the lawful heir(s) is/are entitled to pay off the total
amount in proportion to one-thirds of the remaining lease purchase term and the
heir(s) shall be issued the Certificated by the competent agency;
c) If there is any lawful heir not subject to Point
a and Point b of this Clause, the lessor is entitled to withdraw the house and
the lawful heir is entitled to claim the refund of option included in the
interest as prescribed in inter-bank interest rate on demand deposits at the
time of refund;
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Article 136. Terminating
lease purchase agreements and expropriation of social housing under lease
purchase agreements
1. Regarding lease purchase transactions in
state-owned social housing, the termination of lease purchase agreement and
housing expropriation shall comply with one in cases prescribed in points a, b,
c, e, g and h clause 1 Article 84 of this Law.
2. With respect to agreements on non-state-owned
house lease purchase, the lessor is entitled to terminate the agreement on
housing lease purchase or withdraw the house under the lease purchase agreement
in one of the following cases:
a) The lessee leases out or sells the house under
lease purchase agreement to other people without the consent of the lessor when
the lease purchase term has not expired;
b) The lessee has not paid the rents for 03 months
or more without good reasons;
c) The lessee expands, renovates or demolishes the
house under lease purchase agreement without the consent of the lessor;
d) The lessee uses the house for improper purposes
as agreed in the agreement;
dd) The lessee falls into the cases prescribed in
point d clause 2 Article 135 of this Law;
e) Other cases as agreed upon by contracting
parties.
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Section 5. DEEDS OF GIFT FOR
HOUSING
Article 137. Gifts of
joint-owned houses
1. A deed of gift is required to be concluded by
all joint owners when a house under tenancy by the entirety is gifted.
2. Any joint owner is only entitled to gift his/her
share in the house under tenancy in common and may not cause negative effects
on lawful rights and interests of other joint owners. After receiving the
share, the new joint owner may not cause negative effects on lawful rights and
interests of other joint owners.
Article 138. Gifts of houses
under lease agreements
1. The homeowner of a house under lease agreement
must notify the lessees of the gift of the house.
2. The lessees are entitled to keep renting the
house for the rest of the lease term as agreed with the donor, unless otherwise
agreed.
Section 6. HOUSING EXCHANGE
Article 139. Exchange of
joint owned houses
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2. Any joint owner is only entitled to exchange
his/her share in the house under tenancy in common and may not cause negative
effects on lawful rights and benefits of other joint owners. After receiving
the share, the new joint owner may not cause negative effects on lawful rights
and interests of other joint owners.
Article 140. Exchange of houses
under lease agreements
1. The homeowner of a house under lease agreement
must notify the lessees of the exchange of the house.
2. The lessees are entitled to keep renting the
house for the rest of the lease term as agreed with the homeowner, unless otherwise
agreed.
Article 141. Payment for
difference
When both parties exchange the house and transfer
the homeownership to each other, if there is any difference in value of
housing, they must pay that difference, unless otherwise agreed.
Section 7. HOUSING INHERITANCE
Article 142. Inheritance of
houses under tenancy by the entirety
If a house under tenancy by the entirety is
inherited by an heir who is remaining joint owners, they shall inherit under
the will or the rules of intestacy; if the heir is not the joint owners, they
shall be paid the portion of value of house that they inherit, unless otherwise
agreed.
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The share of a testator in a house under tenancy in
common shall be divided to his/her heir under the will or rules of intestacy;
if the house is bought to divide its value, the heir shall be given pre-emption
rights to buy it; if the heir does not buy it, other joint owners shall be
given pre-emption rights to buy it and pay the house’s value to the heir.
Section 8. HOUSING MORTGAGE
Article 144. Mortgagors and
mortgagees
1. The homeowner is an organization entitled to
mortgage its house at a credit institution operating in Vietnam.
2. The homeowner is an individual entitled to
mortgage his/her house at a credit institution, or an economic organization
operating in Vietnam or individuals as prescribed by law.
Article 145. Mortgage on
jointly-owned houses
The mortgage on jointly-owned houses must be agreed
in writing by joint owners, except for mortgage on houses under tenancy in
common. The joint owners of the house under tenancy by the entirety have joint
liability to fulfill obligations of the mortgagor as prescribed in the Civil
Code.
Article 146. Mortgage on
houses under lease agreements
1. The homeowner is entitled to mortgage the house
under lease agreement provided that he/she notify the lessees of the mortgage
in writing in advance. The lessees are entitled to keep renting for the rest of
the lease term.
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Article 147. Mortgage on
projects on housing construction and mortgage on off-the-plan housing
1. The investor in the project on housing
construction is entitled to mortgage the project or houses in the project at a
credit institution operating in Vietnam to apply for loans to invest in the
project or build houses in the project; in case the investor has mortgaged the
house, but he/she wishes to mobilize capital to divide the house as prescribed
in law on housing and wishes to sell or lease and purchase that house, the
mortgage on the house (if any) has been paid off before the agreement on
housing capital mobilization, sale, or lease purchase is concluded with
clients, unless otherwise agreed by the contributor, the buyer/lessee and the
lender.
Before concluding an agreement on housing capital
mobilization, sale, or lease purchase with clients as prescribed in this
Clause, it is essential to refer to the Certificate of conformity to sell
issued by the housing authority of province in order to determine the mortgage
on the house is whether has been paid off.
2. Any organization or individual who builds an
off-the-plan house on their lawful piece of land; any organization or
individual who buys an off-the-plan house in a project on housing construction
from an investor is entitled to mortgage that house at a credit institution
operating in Vietnam in order to apply for a loan to build or buy that house.
Article 148. Requirements for
mortgage on projects on housing construction and mortgage on off-the-plan
housing
1. Requirements for mortgage on projects on housing
construction and mortgage on off-the-plan housing:
a) In case the investor mortgages a part or all of
the project on housing construction, an approved dossier on project, technical
design and the Certificate or Decision on land allocation or land lease issued
by the competent agency are required;
b) In case the investor mortgages an off-the-plan
house in the project, he is required to satisfy both requirement prescribed in
point a of this clause and other requirement that the foundation of that house
must be finished as prescribed in law on construction and it is not subject to
the part or all of the project which is mortgaged by the investor as prescribed
in point a of this clause;
c) If any organization or individual mortgages
their houses prescribed in Clause 2 Article 147 of this Law, the Certificate of
rights to use land prescribed in law on land, or License for construction (if
applicable) is required.
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2. The mortgage on projects on housing construction
and the mortgage on off-the-plan houses must comply with regulations of this
Law; if not, that mortgage shall be considered illegal.
Article 149. Handling of
houses subject to the existing mortgage
1. The handling of houses subject to the existing
mortgage, including off-the-plan houses must comply with regulations of this
Law, law on civil matters and corresponding regulations of law.
2. The handling of the project on housing
construction subject to the existing mortgage must comply with law on civil and
corresponding regulations of law; any organization or individual receiving the
project must satisfy requirements for the investor as prescribed in this Law
and register at the competent agency assigning the project as prescribed in law
on real estate trading.
Section 9. CONTRIBUTING HOUSING
AS CAPITAL
Article 150. Procedures for
contributing housing as capital
1. A homeowner or an investor in the project on
commercial housing construction is entitled to contribute housing as capital to
run business in fields not prohibited by law. The contribution of housing as
capital must be made under an agreement prescribed in Article 121 of this Law.
2. The house contributed as capital must be an
existing house and meet all requirements prescribed in clause 1 Article 118 of
this Law.
Article 151. Contributing
jointly- owned housing as capital
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2. The joint owners may concurrently sign the
agreement on contributing housing as capital or appoint their representatives
to sign the agreement on contributing housing as capital as agreed.
Article 152. Contributing
housing under lease agreement as capital
1. The homeowner of the house under a lease
agreement must notify the lessees of the contributing housing as capital.
2. The lessees are entitled to keep renting the
house for the rest of the contractual lease term, unless otherwise agreed.
Section 10. AGREEMENT ON
HOUSING LENDING OR PERMISSION FOR STAY
Article 153. Jointly-owned
housing lending or permission for stay
1. A joint owner may lend or permit to stay in the
house under tenancy by the entirety with the consent of all joint owners; a
joint owner may lend or permit to stay in his share of the house under tenancy
in common provided that it does not cause negative effects on the interests of
other joint owners. The person who lends or permits to stay in the house is
entitled to terminate the agreement prescribed in Article 154 of this Law and
contractual terms.
2. The joint owners are entitled to authorize their
representatives to conclude the agreement on housing lending or permission for
stay.
Article 154. Cases where agreements
on housing lending or permission for stay are terminated
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2. The housing for lending or permission for stay
no longer exists.
3. The person who borrows or stays in the house
dies or is declared missing by the Court.
4. The housing for lending or permission for stay
is in danger of collapse or subject to the decision on land clearance,
demolition, or land expropriation issued by the competent agency.
5. By agreement of the parties.
Section 11. AUTHORIZED
MANAGEMENT OF HOUSING
Article 155. Scope of
authorized management of housing
1. The authorized management of housing means a
homeowner authorizing another organization or individual to exercise rights and
fulfill obligations of the homeowner pertaining to management and use of
housing over the duration of authorization. The authorized management of
housing is only applicable to existing houses.
2. The content and duration of authorized
management and use of houses shall be agreed upon by contracting parties and
stated in the authorization agreement; if the contracting parties do not agree
about the duration of authorization, the authorization agreement shall take
effect for one year from the day on which the authorization agreement is
concluded.
3. The authorizing party must pay the
administrative expense, unless otherwise agreed.
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1. The management of houses under tenancy by the
entirety shall be authorized with the consent of all joint owners; any joint
owner of the house under tenancy in common is entitled to authorize other
people to manage his/her share provided that it does not cause effects on
interest of other joint owners.
2. The joint owners must notify other homeowners of
the housing management authorization, unless authorized person in charge of
housing management is also the joint owner.
Article 157. Cases where an agreement
on authorized management of housing is terminated
1. The authorization agreement expires.
2. The scope of authorization.
3. The house which is authorized to manage no
longer exists.
4. The authorizing party or the authorized party
unilaterally terminates the agreement on housing management authorization as
prescribed in Article 158 of this Law.
5. The authorizing party or the authorized party
dies.
6. The authorized party is missing or incapable of
civil acts according to the decision issued by the Court.
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Article 158. Unilateral
termination of agreements on authorized management of housing
1. The authorizing party may unilaterally terminate
the agreement on authorized management of housing in one of following cases:
a) If the authorization incurs administrative
expense, the authorizing party is not required to notify the authorized party
of the unilateral termination of the authorization agreement provided that he/she
pays the authorized party the remuneration for the task performed by the
authorized party and the compensation;
b) If the authorization incurs administrative
expense, the authorizing party must notify the authorized party of the
unilateral termination of the authorization agreement at least 30 days in
advance, unless otherwise agreed.
2. The authorized party may unilaterally terminate
the agreement on authorized management of housing in one of following cases:
a) If the authorization incurs administrative
expense, the authorizing party is not required to notify the authorized party
of the unilateral termination of the authorization agreement but he/she must
pay compensation to the authorizing party (if any);
b) If the authorization does not incur
administrative expense, the authorized party must notify the authorizing party
of the unilateral termination of the authorization agreement at least 30 days
in advance, unless otherwise agreed.
3. The authorizing party and the authorized party
must notify the third person of the unilateral termination of the agreement on
authorized management of housing.
Chapter IX
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Article 159. Foreign entities
eligible for homeownership in Vietnam and forms of
homeownership in Vietnam relating to foreign entities
1. Foreign entities eligible for homeownership in
Vietnam include:
a) Foreign entities who invest in project-based
housing construction in Vietnam as prescribed in this Law and relevant
regulations of law;
b) Foreign-invested enterprises, branches,
representative offices of foreign enterprises, foreign-invested funds and
branches of foreign banks operating in Vietnam (hereinafter referred to as
“foreign organizations”);
c) Foreign individuals who are allowed to enter
Vietnam.
2. A foreign entity will be eligible for the
homeownership in Vietnam if he/she:
a) Invests in project-based housing construction in
Vietnam as prescribed in this Law and relevant regulations of law;
b) Buys, rents and purchases, receives, or inherits
commercial housing including apartments and separate houses in the housing
construction project, except for areas of national defense and security
significance as prescribed in regulations of the Government.
Article 160. Requirements to
be satisfied by foreign entities to be eligible for the homeownership in
Vietnam
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2. he foreign entity prescribed in point b clause 1
Article 159 of this Law is required to have an Investment certificate or a
Permission to run business in Vietnam (hereinafter referred to as “Certificate
of investment”) issued by the competent agency in Vietnam.
3. The foreign entity prescribed in point c clause
1 Article 159 of this Law is required to have a permission to enter Vietnam and
he/she is not granted diplomatic immunity and privileges as prescribed.
4. The Government shall elaborate on
documentary evidence for entities or requirements pertaining to foreign
entities qualifying for the homeownership in Vietnam.
Article 161. Rights of
homeowners being foreign entities
1. The foreign entity prescribed in point a clause
1 Article 159 of this Law is entitled to exercise rights of homeowners as
prescribed in Article 10 of this Law, if his/her house is built on a piece of
leased land, he/she is only entitled to lease that house.
2. The foreign entity prescribed in points b and c
clause 1 Article 159 of this Law is entitled to exercise rights of homeowners
similarly to Vietnam citizens provided that they comply with following
regulations:
a) They may not buy, rent and purchase, receive,
inherit and own more than 30% of apartments in an apartment building; or more
than 250 houses regarding separate houses including villas, row houses in an
area whose population is equivalent to a ward-level administrative division.
In case an area whose population is equivalent to a
ward-administrative division has multiple apartment buildings or regarding
separate houses in a street, the Government shall provide guidance on number of
apartments or number of separate houses that a foreign entity is entitled to
buy, rent and purchase, receive, inherit and own;
b) In case the foreign entity does not receive or
inherit house(s) in the case specified in point b clause 2 Article 159 of this
Law or the number of houses prescribed in point a of this Clause is exceeded,
they only receive the value of such house(s);
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If a foreign individual marries a Vietnamese
citizen or an oversea Vietnamese, he/she qualifies for stable and long-term
homeownership and has the same homeowner’s rights as those of Vietnamese
citizens;
d) The foreign organization are eligible for the
homeownership as agreed upon in agreements on housing sale, lease purchase,
gifting or inheritance for a duration which must not exceed that specified in
their Certificate of investment, including extension duration, the duration of
the homeownership shall be determined from the day on which the organization is
granted the Certificate and stated in such Certificate;
dd) Prior to the expiry of the homeownership
duration prescribed in this Law, the homeowner is entitled to gift or sell
their house(s) to entities eligible for the homeownership in Vietnam; if not,
their house(s) shall be under ownership of the State.
Article 162. Obligations of
homeowners being foreign entities
1. The foreign entity prescribed in point a clause
1 Article 159 of this Law has obligations of homeowners as prescribed in
Article 11 of this Law.
2. The foreign entity prescribed in points b and c
clause 1 Article 159 of this Law has the same homeowner’s obligations as those
of Vietnamese citizens provided that they comply with following regulations:
a) If the homeowner is a foreign individual, he/she
is entitled to lease house(s) for lawful purposes provided that he/she notifies
the agency of district in charge of housing where the house is located of
housing lease as prescribed in regulations of the Minister of Construction and
pays taxes on housing lease as prescribed before leasing houses.
If a foreign individual marries a Vietnamese
citizen or an oversea Vietnamese, he/she qualifies for stable and long-term
homeownership and has the same homeowner’s obligations as those of Vietnamese
citizens;
b) If the homeowner is a foreign organization, its
house(s) is/are only provided for their employees but it is not allowed to use
their house(s) for lease, offices, or other purposes;
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Chapter X
HOUSING INFORMATION SYSTEM AND DATABASE
Article 163. Housing information system
Housing information system includes:
1. Housing information technology infrastructure;
2. Systems of operating system software,
system software and application software;
3. Database of housing.
Article 164. Database of
housing
1. The database of housing must be established and
consistently managed from central to local government, which is connected to
the land database and information system.
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a) Database of system of legislative documents on
housing;
b) Database of housing development including
housing development programs and plans, survey and statistics on housing, basic
information about housing construction projects, number, type of housing, area
of housing, area of pieces of land used for housing construction;
c) Database of changes in management and use of
housing;
d) Other database relating to housing.
3. Every 10 years, the Government shall carry out a
survey and produce statistics on housing and take national census population.
In the middle of the national census population and housing period, the
Government shall carry out a pilot survey and produce statistics on housing to
form a basis for formulation of housing policies.
4. Basic statistical indicators on housing must be
included in national statistical indicator system.
5. Funding for carrying out surveys and producing
statistics on housing shall be covered by the state budget.
Article 165. Competence and
responsibility for establishing housing information system and database
1. The Ministry of Construction must formulate and
manage, develop communication and database of national housing; Ministries,
agencies and People’s Committees of provinces must cooperate in provision of
housing database so as for the Ministry of Construction to update it to
national housing information system.
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3. The State shall provide funding for the
establishment of housing database and information system and for the operation
and maintenance of that system; the Ministry of Construction shall request the
Prime Minister to provide funding for building, managing, operating and
maintaining that system.
4. The Government shall elaborate on the creation
and structuring of the database, information, statistical indicators and the
management, operation and development of housing database and information
system.
Article 166. Management and
exploitation of housing information and database
1. The housing database must be managed properly,
ensuring that it is exploited and used in an effective manner and for its
intended purposes.
2. The information in the housing database provided
by the competent agency shall be valid as physical dossiers or documents.
3. The agency in charge of management of housing
database and information prescribed in clause 4 of this Clause shall enable
organizations and individuals to exploit and use housing information following
the procedures as prescribed.
Any organization or individual who wishes to
receive information about housing shall pay fees for using information as
prescribed, except for information provided at the request of the competent
agency to serve state management, investigation, verification or imposition of
penalties for violations against law.
4. The Ministry of Construction shall perform
uniform management of housing database and information system nationwide.
Provincial and district-level housing authorities shall manage housing database
and information system within their provinces and districts.
Chapter XI
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Article 167. Contents of
state management of housing
1. Formulate and direct the implementation of
strategies, projects, programs, or plans for housing development and
management.
2. Promulgate and organize implementation of legal
documents on housing, mechanisms and policies for housing development and
management.
3. Formulate and issue standards, technical
regulations, classify housing and manage quality of housing.
4. Decide guidelines for investment in housing
construction projects; appraise, approve, adjust and suspend housing
construction projects.
5. Manage documents on housing; manage funds for
state-owned housing; manage housing construction projects.
6. Carry out surveys, produce statistics and build
housing database and information system, manage, operate, exploit and provide
housing database and information.
7. Conduct researches, apply science and technology
and raise public awareness of legal knowledge about housing.
8. Provide human resources with training in
development and management of housing.
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10. Recognize institutions providing training in
management of apartment buildings grant Certificates of training in management
of apartment building; recognize the classification of apartment buildings; grant,
revoke the Certificates of training in housing.
11. Provide guidance, expedite, inspect the
handling of and handle complaints, disputes and denunciations, imposition of
and impose penalties for violations against regulations on housing.
12. Boost international cooperation in housing.
Article 168. Formulation of
national housing development strategy
1. According to the socio-economic development
strategy in every period, the Ministry of Construction shall formulate and
request the Prime Minister to approve the national housing development strategy
in every period.
2. The national housing development strategy shall
contain:
a) Viewpoints on housing development;
b) Objectives for housing development includes
minimum area of housing, area of housing per capita in urban areas, rural areas
and nationwide; development rate of types of housing; demand for social housing
for those facing difficulties of housing;
c) Tasks and solutions for housing development,
clearly stating target programs for housing development tailored for every
entity entitled to benefit from social housing policies;
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dd) Other relevant contents.
3. Basic housing development indicators in the
national housing development strategy includes area of housing per capita;
number of housing; floor area of new housing; quality of housing in urban
areas, rural areas and nationwide; entities facing difficulties in housing
which are provided housing by the State must be included in the national
socio-economic development task in every period.
Article 169. Approval for
housing development programs and plans
1. A local housing development program or plan
shall be approved as follows:
a) With respect to a central-affiliated city, the
People’s Committees of the city shall develop a housing development program as
prescribed in Article 15 of this Law and confer with the Ministry of
Construction before submitting it to the People’s Council of the city for
approval. The People’s Committee of city shall approve and execute the program
after it is approved.
The People’s Committee of city shall confer the
Ministry of Construction about planning for land resources used for housing
construction and plans for providing accommodation for every group of entities;
indicators for area of housing per capita; number, area, and rate of types of
housing; expected capital sources; responsibility of relating agencies for
execution of the housing development program;
b) With respect to a province, the People’s
Committee of the province shall organize the formulation of the housing
development program as prescribed in Article 15 of this Law so as to submit it
to the People’s Council of the province for approval;
c) According to the approved housing development
program, the People’s Committee of the province shall formulate and approve the
local housing development plan as prescribed in Article 15 of this Law; if the
plan indicates that budget is used for housing development, it is required to
confer the People’s Council of province before approval.
2. Procedures for formulation and content of local
housing development programs and plans shall comply with regulations of the
Government.
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1. Before setting up or approving the project on
construction of relocation housing, social housing or official residence using
public investment capital, the decision on guidelines for investment in such
project shall be made as prescribed by the Law on Public Investment. In case
the project is funded by central budget, it is required to confer the Ministry
of Construction; in case the project is funded by local budget, it is required
to confer the provincial housing authority.
2. [12] Regarding other housing construction
projects subject to approval for their investment guidelines in accordance with
the Law on Investment, regulations of the Law on Investment shall be complied
with.
Article 171. [13] (annulled)
Article 172. Research,
application of science and technology and international cooperation in housing
field
1. The State shall provide incentives and
facilitate the application of science and technology and international cooperation
for the purposes of development and management of housing.
2. The State shall provide funding for application
of new technologies or materials to housing construction so as to ensure
quality, achieve progress, save energy and reduce construction costs.
Article 173. Training in
development and management of housing
1. Public officials and public employees working in agencies in charge of housing
management and development are required to participate in training courses on
development and management of housing. Any person working in a unit managing
apartment buildings is required to participate in training courses on
management of apartment buildings and obtain the Certificate of training in
management of apartment buildings as prescribed in regulations imposed by the
Minister of Construction.
2. The Minister of Construction shall regulate
programs and contents of housing development and management training provided
for public officials and public employees in charge of development and
management of housing nationwide.
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1. The Government shall perform uniform state
management of housing nationwide.
2. The Ministry of Construction shall take
responsibility to the Government for management of housing nationwide.
3. Relevant ministries shall, within their
jurisdiction, perform state management of housing and cooperate with the
Ministry of Construction in implementation of regulations of law on housing.
4. People’s Committees at all levels shall perform
state management of housing in the administrative divisions as prescribed in
this Law and as assigned by the Government.
Article 175. Responsibilities
of the Ministry of Construction
1. Preside over formulating and submitting to the
Government and Prime Minister legal documents, strategies, projects, programs
and plans for housing development.
2. Promulgate and organize implementation of legal
documents on housing within their competence; prescribe standards and technical
regulations, classification of housing, determination of rents, lease purchase
prices, selling prices of social housing, housing serving the relocation,
state-owned housing; regulate content and form of agreements on sale, lease,
lease purchase of social housing, relocation housing, state-owned housing.
3. Give comments on housing development programs of
central-affiliated cities; conduct assessment and submit to the Prime Minister
the central government agencies’ plans for official residence development,
approve guidelines for investment in housing construction projects; adjust or
suspend housing construction projects which are contrary to the regulations
prescribed in this Law.
4. Manage housing and archive dossiers on
state-owned houses of central government agencies.
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6. Conduct researches, apply science and
technology, and raise public awareness of legal knowledge about housing.
7. [14] Provide
professional training in residential housing development and management;
stipulate the issuance of certificates of training in management and operation
of apartment buildings; stipulate and recognize the classification of apartment
buildings.
8. Provide guidance, expedite, supervise, inspect
the handling of and handle complaints, disputes and denunciations, imposition
of and impose penalties for violations against regulations on housing.
9. Boost international cooperation in housing.
10. Perform other tasks in the housing field as
prescribed in this Law or assigned by the Government or the Prime Minister.
Article 176. Housing
inspection
1. Organizations, households and individuals
involved in development, management and use of housing shall be subject to
administrative or specialized inspections of housing by the Construction
Inspectorate of the Ministry of Construction and Departments of Construction.
2. A specialized inspection of housing shall
include:
a) Inspecting the observance of law by
organizations, households and individuals involved in development, management
and use of housing;
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3. The Ministry of Construction shall provide
directions for and organize specialized inspections of national nationwide.
Departments of Construction shall organize specialized inspections of housing
within provinces.
4. The Government shall elaborate on this Article.
Chapter XII
HANDLING OF DISPUTES, COMPLAINTS, DENUNCIATIONS AND
VIOLATIONS AGAINST LAW ON HOUSING
Section 1. HANDLING OF HOUSING DISPUTES,
COMPLAINTS, DENUNCIATIONS
Article 177. Handling
of housing disputes
1. The State encourages parties to handle disputes
over housing through conciliation.
2. Disputes over the homeownership, right to
enjoyment of housing under ownership of organizations or individuals and
disputes over agreements on housing, management of apartment building shall be
settled by the People’s Court as prescribed by law.
3. Disputes over management and use of state-owned
houses shall be settled by People's Committees of provinces if such houses are
under management of local government agencies and by the Ministry of
Construction shall if such houses under management of central government
agencies; in case any organization or individual does not agree with the
decision made by the provincial People’s Committee or the Ministry of
Construction, they are entitled to file a lawsuit at the People’s Court as
prescribed in law on administrative procedural.
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Section 178. Filing housing
complaints, issuing denunciations and handling thereof
1. Filing housing complaints, issuing denunciations
and handling complaints and denunciations shall comply with the Law on
Complaints and the Law on Denunciation.
2. When the decision on settlement of complaints or
denunciation issued by the competent agency in charge of housing or the verdict
delivered by the Court takes effect, relevant parties must implement such
decisions or verdicts.
Section 2. IMPOSITION OF
PENALTIES FOR VIOLATIONS AGAINST LAW ON HOUSING
Article 179. Actions against persons violating
law on housing
1. Any person committing a violation against law on
housing shall, depending on nature and severity of the violation, face an
administrative penalty or a criminal prosecution as prescribed by law.
2. Any person on duty committing the violations
below shall, depending on nature and severity of the violations, be
disciplined, face an administrative penalty or a criminal prosecution:
a) Abusing his/her positions and rights to commit violations against regulations of law
upon deciding guidelines for investment in housing construction projects;
appraising and approving housing construction projects; deciding and appraising
housing selling prices, rents, or lease purchase prices; implementing
housing-related assistance policies; determining financial obligations related
to housing; managing and providing information about housing and other
regulations on housing development, management and transactions as prescribed
in this Law;
b) Negligence in management leading to violations
against law on housing, or other violations causing damage to benefits of the
State, lawful rights and interests of organizations, households and individuals
involved in housing development, homeowners and lawful occupiers;
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3. The Government shall elaborate on this Article.
Article 180. Imposing
penalties for violations against law on housing upon causing damage to the
State, organizations, households and individuals
Any person who commits violations against law on
housing causing damage to benefits of the State, lawful rights and interests of
an organization, household or individual, he/she shall face a penalty as prescribed
in Article 179 of this Law and pay compensation to the State and those
suffering the damage.
Chapter XIII
IMPLEMENTATION CLAUSE[15]
Article 181. Effect
1. This Law comes into force as of July 01, 2015.
2. The Law on Housing No. 56/2005/QH11 amended by
the Law No. 34/2009/QH12 and the Law No. 38/2009/QH12, the Resolution No.
19/2008/QH12 of the National Assembly shall cease to have effect from the
effective date of this Law.
Article 182. Grandfather
clause
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Regarding a social housing development project
whose investment guidelines have been approved is not mentioned in the local
housing development program or plan, it shall continue to be executed as
prescribed in this Law.
2. In case the buyer received the commercial
housing from the investor but he/she has not applied to the competent agency
for the Certificate of that house by effective date of this Law, he/she is
entitled to transfer the agreement on sale of that house as prescribed in this
Law.
3. If an apartment building for which a management
board is established before the effective date of this Law, its owners may
re-elect the management board so as for it to operate using the model specified
in this Law or the existing model until the end of its term.
4. Where an agreement on housing sale or lease
purchase is concluded before the effective date of this Law but the housing
warranty period, housing area for sale or lease purchase agreed upon by the
contracting parties are different from those prescribed by the regulations of
this Law, the contracting parties shall keep performing the signed agreement or
conduct a negotiation again as prescribed in this Law.
5. The Government shall elaborate on this Article.
Article 183. Elaboration
The Government and competent agencies shall
elaborate on the clauses and Articles set forth in this Law./.
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CHAIRMAN
Bui Van Cuong
[1]
Prelude to the Law on Architecture No. 40/2019/QH14:
“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Architecture.”.
Prelude to the Law on Investment No. 61/2020/QH14:
“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Investment.”.
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“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Amendments to the Construction Law No. 50/2014/QH13 as amended in the Law
No. 03/2016/QH14, Law No. 35/2018/QH14 and Law No. 40/2019/QH14.”.
Prelude to the Law on Public - Private Partnership
Investment No. 64/2020/QH14:
“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Public - Private Partnership Investment.”.
Prelude to the Law No. 03/2022/QH15 on Amendments
to Certain Articles of the Law on Public Investment, the Law on Public-Private
Partnership Investment, the Law on Investment, the Law on Housing, the Law on
Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special
Excise Duties and the Law on Civil Judgment Enforcement:
“Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly promulgates the Law on
amendments to certain articles of the Law on Public Investment No.
39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and the Law No.
72/2020/QH14; the Law on Public-Private Partnership Investment No.
64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the
Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by
the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the
Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by
the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14
and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11,
which is amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law
on Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No. 27/2008/QH12,
which is amended by the Law No. 70/2014/QH13, Law No. 71/2014/QH13 and the Law
No. 106/2016/QH13; the Law on Civil Judgment Enforcement No. 26/2008/QH12,
which is amended by the Law No. 64/2014/QH13, Law No. 23/2018/QH14 and the Law
No. 67/2020/QH14.”.
[2]
This Article is amended by Article 2 of the Law No. 62/2020/QH14 on Amendments
to the Construction Law, which has been effective since January 01, 2021.
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[4]
This clause is amended by point a clause 1 Article 75 of the Law on Investment
No. 61/2020/QH14, which has been effective since January 01, 2021.
[5]
This point is amended by point b clause 1 Article 75 of the Law on Investment
No. 61/2020/QH14, which has been effective since January 01, 2021.
[6]
This clause is annulled by point e clause 1 Article 75 of the Law on Investment
No. 61/2020/QH14, which has been effective since January 01, 2021.
[7]
This clause has been amended for the first time by point c clause 1 Article 75 of
the Law on Investment No. 61/2020/QH14, which has been effective since January
01, 2021.
This clause has been amended for the second time by
Article 4 of the Law No. 03/2022/QH15 on Amendments to Certain Articles of the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Law on Investment, the Law on Housing, the Law on Procurement, the Law on
Electricity, the Law on Enterprises, the Law on Special Excise Duties and the
Law on Civil Judgment Enforcement, which has been effective since March 01,
2022.
[8]
This clause is amended by point a clause 6 Article 99 of the Law on Public -
Private Partnership Investment No. 64/2020/QH14, which has been effective since
January 01, 2021.
[9]
This point is annulled by point c clause 6 Article 99 of the Law on Public -
Private Partnership Investment No. 64/2020/QH14, which has been effective since
January 01, 2021.
[10]
This clause is amended by point b clause 6 Article 99 of the Law on Public -
Private Partnership Investment No. 64/2020/QH14, which has been effective since
January 01, 2021.
[11]
This point is annulled by point c clause 6 Article 99 of the Law on Public -
Private Partnership Investment No. 64/2020/QH14, which has been effective since
January 01, 2021.
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[13]
This Article is annulled by point e clause 1 Article 75 of the Law on
Investment No. 61/2020/QH14, which has been effective since January 01, 2021.
[14]
This clause is amended by point dd clause 1 Article 75 of the Law on Investment
No. 61/2020/QH14, which has been effective since January 01, 2021.
[15]
Articles 40 and 41 of the Law on Architecture No. 40/2019/QH14, which has been
effective since July 01, 2020, stipulate that:
“Article 40. Effect
This Law comes into force as of July 01, 2020.
Article 41. Transitional provisions
1. Regulations on management of urban planning
and architecture already approved under the provisions of the Law on Urban
Planning prior to the entry into force of this Law may be continue to exist
till end of December 31, 2021.
2. Construction architectural design tests or
selections governed under the provisions of the Law on Construction with the
selection plan already approved prior to the entry into force of this Law may
be continued to exist till end of December 31, 2021.
3. Construction practicing certificate granted a
person providing construction architectural design and construction
architectural design evaluation services under law on construction may be valid
till end of the expiry date, unless otherwise prescribed in clause 4 of this
Article.
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Articles 76 and 77 of the Law on Investment No.
61/2020/QH14, which has been effective since July 01, 2021, stipulate that:
“Article 76. Implementation clause
1. This Law comes into force from January 01,
2021, except for the regulations in Clause 2 of this Article.
2. The regulations set out in Clause 3 Article
75 of this Law come into force from September 01, 2020.
3. The Law on Investment No. 67/2014/QH14
amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No.
04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14 shall cease
to have effect from the effective date of this Law, except for Article 75 of
the Law on Investment No. 67/2014/QH14.
4. Individuals who are Vietnamese citizens
may use their personal identification numbers instead of copies of their
identity cards/citizen identity cards, passports or other personal
identification documents upon following administrative procedures set out in
the Law on Investment and Law on Enterprises if the national population
database is connected to the national investment and enterprise registration
database.
5. Any legislative document that refers to
regulations on project approval decisions or investment guideline decisions in
accordance with the Law on Investment shall be implemented in accordance with
the regulations on investment guideline approval of this Law.
Article 77. Grandfather clauses
1. Investors that were issued with investment
licenses, investment incentive certificates, investment certificates or
investment registration certificates before the effective date of this Law
shall execute their investment projects in accordance with such investment
licenses, investment incentive certificates, investment certificates or
investment registration certificates.
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a) The investors obtained investment guideline
decisions, investment guideline approval or investment approval in accordance
with regulations of laws on investment, housing, urban areas and construction
before the effective date of this Law;
b) The investors have started execution of
projects that are not subject to approval for their investment guidelines,
investment guideline decision or investment guideline or issuance of the
investment registration certificate in accordance with regulations of laws on
investment, housing, urban areas and construction before the effective date of
this Law;
c) Investors won the bidding for investor
selection or the land use right auction before the effective date of this Law;
d) Projects have been granted investment
incentive certificates, investment licenses, investment certificates or
investment registration certificates before the effective date of this Law.
3. If an investment project specified in
Clause 2 of this Article is adjusted and the adjustments are subject to
approval for investment guidelines in accordance with this Law, the procedures
mentioned in this Law must be followed to obtain approval for investment
guidelines or adjust investment guidelines.
4. Any investment project executed or approved
or allowed to be executed in accordance with regulations of law before July 01,
2015 and subject to project execution security as prescribed in this Law is not
required to have a deposit or a bank guarantee. If the investor adjusts the
objectives or schedule for execution of the investment project or repurposes
land after the effective date of this Law, the investor must pay a deposit or
obtain a bank guarantee in accordance with this Law.
5. Any debt collection service contract
concluded before the effective date of this Law shall cease to have effect from
the effective date of this Law; and the parties to such contract may carry out
activities to liquidate the contract in accordance with the civil law and other
relevant regulations of law.
6. Foreign-invested business organizations to
which market access conditions more favorable than those prescribed in the List
promulgated under Article 9 of this Law are applied may continue to apply the
conditions set out in their issued investment registration certificate.
7. The regulation in Clause 3 Article 44 of this
Law applies to both investment projects to which land was allocated before the
effective date of this Law and projects to which land has not yet been
allocated.
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9. With respect to areas which have difficulties
in providing land for development of residential housing, service facilities
and public utilities for employees working in industrial parks, the competent
authority may adjust the planning for construction of industrial zones (for
industrial parks established before July 01, 2014) to reserve part of the land
area for development of residential housing, service facilities and public
utilities for employees working in the industrial parks.
After adjustment of the planning, the land area
for development of residential housing, service facilities and public utilities
for employees working in an industrial park must be outside the geographical
boundary of the industrial park and must ensure an environmental safety
distance in accordance with the law on construction and other relevant
regulations of law.
10. Grandfather clauses on outward investment
activities:
a) Regulations on the duration of outward
investment projects set out in outward investment licenses and outward
investment certificates issued before July 01, 2015 shall cease to have effect;
b) Any investor issued with an outward
investment license or certificate or outward investment registration
certificate to make outward investment in a conditional business line subject
to conditional outward investment in accordance with this Law may continue to
make investment according to the issued outward investment license or
certificate or outward investment registration certificate.
11. From the effective date of this Law, if any
document has been received and the deadline for processing thereof has expired
but the results have not been returned in accordance with the Law No.
67/2014/QH14 on Investment amended by the Law No. 90/2015/QH13, the Law
No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the
Law 42/2019/QH14, such document shall continue to be processed in accordance
with regulations of law 67/2014/QH14 on Investment amended by the Law No.
90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No.
28/2018/QH14 and the Law No. 42/2019/QH14.
12. The Government shall elaborate this
Article.”.
Article 3 of the Law No. 62/2020/QH14 on Amendments
to the Construction Law, which has been effective since January 01, 2021,
stipulates that:
“Article 3. Implementation clause
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2. The following regulations of this Law come
into force from August 15, 2020:
a) Regulations in Clause 13 Article 1 on the
power of investment decision makers to appraise construction investment
economic-technical reports;
b) Regulations in clause 30 Article 1 on grant
of exemption from construction permits to construction works of which results
of appraisal of the construction design following the fundamental design have
been notified by specialized construction agencies to meet conditions for
approval;
c) Regulations in clause 37 Article 1 on
abrogation of the power of the Ministry of Construction and provincial-level
People's Committees to grant construction permits to special-grade construction
works;
d) Regulations in Point d and Point dd Clause 3
of this Article.
3. Transitional provisions:
a) The sub-zone planning for construction of
function zones whose planning tasks have been approved before this Law comes
into force shall be implemented in accordance with regulations of the Law on
construction No 50/2014/QH13 as amended in the Law No. 03/2016/QH14, the Law
No. 35/2018/QH14 and the Law No. 40/2019/QH14; if they have been not yet
implemented, they shall be implemented in accordance with this Law;
b) The construction investment projects with
investment decisions or investment policies made or approved before this Law
comes into force are not subject to the compulsory formulation of construction
investment pre-feasibility study reports as prescribed in this Law;
c) If construction investment projects have been
approved before this Law comes into force, no re-approval is required but other
activities which have been not yet performed shall be performed in accordance
with this Law; construction investment costs of the in-progress projects shall
be managed in accordance with laws in force before the effective date of this
Law;
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dd) For the construction
works subject to appraisal of construction designs following the fundamental
design or appraisal of modification thereof by specialized construction
agencies within the period from August 15, 2020 to December 31, 2020, when
carrying out such appraisal, the specialized construction agencies shall cooperate
with local construction management agencies to review and assess the
fulfillment of conditions for grant of construction permits as prescribed in
the Law on construction No 50/2014/QH13 as amended in the Law No. 03/2016/QH14,
the Law No. 35/2018/QH14 and the Law No. 40/2019/QH14 for granting exemption
from construction permits as prescribed in Clause 30 Article 1 of this Law; if
construction permits have been granted, no modification of construction permits
is required;
e) If construction designs following the
fundamental design of the construction works granted construction permits are
modified on January 01, 2021 onwards, procedures for modification of
construction permits must be carried out in accordance with this Law, except
cases subject to the appraisal of modified construction designs by specialized
construction agencies as prescribed in this Law;
g) If construction works have been constructed
before this Law comes into force and exempted from construction permits as
prescribed by laws in force at the time of commencement of construction but are
subject to construction permits as prescribed by this Law, the construction of
these works shall be still continued;
h) The Government shall elaborate points a, b,
c, dd, e and g of this clause.
Article 100 and Article 101 of the Law on Public -
Private Partnership Investment No. 64/2020/QH14, which has been effective since
January 01, 2021, stipulate that:
“Article 100. Entry into force
1. This Law shall enter into force on January 1,
2021, except the regulations specified in Clause 6 of Article 101 herein.
2. The Government and competent regulatory
authorities shall elaborate on clauses and Articles set forth in this Law.
Article 101. Transitional provisions
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a) In case where an investment
policy decision has been made by a competent authority before the effective
date of this Law, the next steps shall be taken in accordance with this Law. In
case where the investment policy needs to be adjusted, regulations laid down in
Article 18 herein shall be observed;
b) In case where the
feasibility study report has been approved by a competent authority before the
effective date of this Law, next steps shall be taken in accordance with this
Law without having to go through the project approval procedures as per this Law;
the contents specified in Clause 6 of Article 23 of this Law must be
additionally approved in case investor selection has not yet been organized;
c) As for projects falling into
the cases specified at Points a and b of this Clause, if the state capital
contribution ratio in a PPP project is greater than the rate specified in
Clause 2 of Article 69 of this Law, any adjustment in the state capital ratio
shall not be required.
2. Projects that are not in the
sectors specified in Clause 1 of Article 4 of this Law or fail to meet the
minimum total investment requirements specified in Clause 2 of Article 4 of
this Law, and projects without the prequalification requirement in which
investor prequalification results have not been approved yet or the invitations
for bid or requests for proposal have not yet been issued, until the effective
date of this Law shall be halted.
3. PPP projects in which
investor selection is occurring shall be subject to the following regulations:
a) In case where their investor
prequalification results have been approved before the effective date of this
Law, they may be continued in accordance with this Law;
b) In case where the invitation
for bid or the request for proposal has been issued before the effective date
of this Law but the bid is closed after December 31, 2020, the bid solicitor
shall be responsible for extending the bid closing time to improve the
invitation for bid or the request for proposal in accordance with this Law
provided that such action does not result in any adjustment of the approved
investment policy and feasibility study report;
c) In case where the results of
investor selection are available, but the contract negotiation and conclusion
happens after the effective date of this Law, the contracting authority shall
negotiate and sign the contract, based on the results of investor selection,
bidding documents, proposal, invitation for bid and request for proposal in
accordance with this Law without resulting in any adjustment in the approved
investment policy and feasibility study report.
4. Project contracts
signed before the effective date of this Law may continue to be executed under
contractual terms and conditions.
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a)
Projects where bidding documents or requests for proposal have not been issued
yet shall be suspended; in case where bidding documents or requests for
proposal have already been issued, they shall be continued based on the
invitations for bid, requests for proposals and legislative regulations at the
time of issuance of these invitations for bid or requests for proposal;
b)
With regard to projects where investor selection results are obtained before
the effective date of this Law, the contracting authority shall negotiate and
sign the contract, based on the results of investor selection, bidding
documents, proposals, invitations for bid and requests for proposal, and
legislative regulations valid at the time of issuance of invitations for bid or
requests for proposal;
c)
For projects which have signed contracts before the effective date of this Law,
project execution and payment under regulations of BT contracts and legislative
regulations valid at the time of contract conclusion shall be continued;
d)
Implementation of new BT projects shall be disapproved.
6.
Implementation of the projects under BT contracts that have not been approved
for investment policy yet shall be suspended from August 15, 2020.
7. The Government
shall elaborate this Article.”.
Article 10 and Article 11 of the Law No.
03/2022/QH15 on Amendments to Certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the Law
on Housing, the Law on Procurement, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement, which has been effective since March 01, 2022, stipulate that:
“Article 10. Entry into force
This Law comes into force as of March 01, 2022.
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1. Regarding public projects of group B, group C
using ODA funds and other preferential borrowings from foreign sponsors that
the Prime Minister approves the investment policy before the date of entry into
force of this Law and the case in clause 2 of this Article, the agency or
person accorded authority to make decisions on investment policy specified in
Article 1 of this Law is also accorded authority to adjust the investment
policy.
2. Regarding public projects of group B, group C
using ODA funds and other preferential borrowings from foreign sponsors that
complete procedures for preparation, appraisal and obtain a written appraisal
that forms the basis for decision on investment policy or adjustment to
investment policy as prescribed in Article 25 and Article 34 of the
Law on Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14 and
Law No. 72/2020/QH14 before the date of entry into force of this Law, they will
continue to seek decision from the Prime Minister as per the Law on Public
Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14 and Law No.
72/2020/QH14.
3. From the date of entry into force of this
Law, with regard to valid applications for approval for or adjustment to
investment guidelines regarding investment projects on construction of
residential housing (for sale, lease or lease purchase) and urban areas subject
to approval for investment guidelines of the Prime Minister as prescribed in Article
31 of the Law on Investment No. 61/2020/QH14, amended by the Law No.
72/2020/QH14, now subject to approval for investment guidelines of the People’s
Committee of province as established in Article 3 of this Law, if any
application mentioned above has been received but the processing result has not
been received though the processing time goes beyond the time limit as
prescribed in the Law on Investment No. 61/2020/QH14, amended by the Law No.
72/2020/QH14, then further comply with the Law on Investment No. 61/2020/QH14,
amended by the Law No. 72/2020/QH14.
4. With regard to valid applications for
approval for investment guidelines and approval for investor and adjustments to
investment guidelines regarding investment projects on commercial housing in case
the investor has the right to use the residential land or residential land and
other types of land, if any application mentioned above has been received
before the date of entry into force of this Law but it remains incompletely
processed, then further comply with Article 4 of this Law and relevant laws.
5. From the date of entry into force of this
Law, the judgment that remains unenforced or incompletely enforced shall comply
with this Law; decisions made of or actions performed by civil enforcement agencies,
executors in accordance with the Law on civil enforcement No. 26/2008/QH12,
amended by the Law No. 64/2014/QH13, the Law No. 23/2018/QH14 and the Law No.
67/2020/QH14 remain valid and may proceed further.”.