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GOVERNMENT
OFFICE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 27/VBHN-VPQH
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Hanoi, September
16, 2024
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LAW
ON HOUSING
Law on Housing No. 27/2023/QH15 dated November 27,
2023 of the National Assembly, which comes into force from August 01, 2024 [1],
is amended by:
Law No. 43/2024/QH15 dated June 29, 2024 of the
National Assembly on amendments to certain Articles of Land Law No.
31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which comes into
force from August 01, 2024.
Pursuant to Constitution of the Socialist
Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Housing [2].
Chapter I
GENERAL PROVISIONS
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1. This Law provides for ownership, development,
management, operation, and use of houses, trading of houses, and state
management of houses in Vietnam, except for cases under Clause 2 of this
Article.
2. Transaction, lease purchase, leasing of
residential real estates of enterprises, cooperatives, joint cooperatives
engaging in real estate trading, transfer of housing purchase agreement shall
conform to real estate trading laws.
Article 2. Definitions
In this Law, the terms below are construed as
follows:
1. Houses refer to structures serving
residential purposes and daily activities of families and individuals. Houses
serving both residential and non-residential purposes without being prohibited
by the law are mixed-use houses.
2. Single-family houses refer to houses built on
separate plots under use right of organizations, individuals or on plots
rented, borrowed from other organizations, individuals, include villas, row
houses, and detached houses, and built for residential or mixed-use purposes.
3. Apartment buildings refer to buildings with
at least 02 storeys, multiple dwelling units, common staircases and common
walkways, private property and common property, common infrastructures and
amenities for use by households, individuals, and organizations, including
apartment buildings built for residential purposes and apartment buildings
built for mixed-use purposes.
4. Residential real estates refer to houses
built in order to be sold, lease-purchased, and/or leased in accordance with
market mechanisms.
5. Official houses (or official residence) refer
to houses for use by entities eligible for staying in rental official residence
during period in which said entities hold titles and/or travel on business trip
in accordance with this Law.
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7. Social housing refers to houses supported by
the Government for use by entities benefiting from housing support programs
under this Law.
8. Worker housing in industrial parks refer to
structures invested and built on commercial and service plots within industrial
parks in accordance with industrial park management laws and rented by
employees for the duration in which they work at respective industrial parks
according to this Law.
9. Housing for people’s armed forces refers to
social housing sold, lease-purchased, or leased to members of people’s armed
forces in accordance with this Law.
10. Old houses refer to houses built in 1994 or
earlier and include apartment buildings.
11. Public housing refers to houses under public
ownership where the Government acts as ownership representatives and jointly
manages.
12. Housing investment and construction projects
refer to a combination of proposal relating to use of capital for construction,
reconstruction, renovation, or repair of houses, technical infrastructures, and
social infrastructures serving residential demand in specific locations within
a defined time limit and expenditure.
13. Domestic organizations refer to state
authorities, entities affiliated to people’s armed forces, public service
providers, political organizations, socio-political organizations,
socio-occupational-political organizations, social organizations,
socio-occupational organizations, business organizations, and other
organizations according to civil laws (hereinafter referred to as
“organizations”).
14. Developers of housing investment and
construction projects refer to organizations selected to execute housing
investment and construction projects in accordance with this Law.
15. Housing development refers to investment,
construction, reconstruction, or renovation of houses in a way that increases
housing area.
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17. House maintenance refers to maintenance and
repair of houses on a periodic basis and in case of damage in order to maintain
quality, regular operation, and safety during operation and use.
18. House owners refer to organizations and
individuals owning houses in accordance with this Law.
19. Apartment building owners refer to owners of
dwelling units and owners of areas other than dwelling units in apartment
buildings.
20. Private property in apartment buildings
refers to area in dwelling units or outside of dwelling units recognized under
private ownership of apartment building owners and equipment used in dwelling
units and in areas outside of dwelling units under ownership of apartment
building owners in accordance with this Law.
21. Common property in apartment buildings
refers to remaining area in apartment building other than private area owned by
apartment building owners and equipment for common use in the apartment
buildings in accordance with this Law.
22. Housing lease-purchase refers to an instance
where a buyer/tenant pays up to 50% of lease-purchased house value according to
lease purchase agreement value in advance; while the remaining amount is paid
to the seller/landlord in form of monthly rent over a period agreed upon by the
parties; the buyer/tenant shall have ownership over the house when
lease-purchase period expires and remaining payments have been adequately
settled.
23. Existing houses refer to houses that have
been built, commissioned, and brought into use in accordance with construction
laws.
24. Off-plan housing refers to houses during
investment and construction stages or houses that have not been commissioned in
accordance with construction laws.
Article 3. Prohibited actions
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2. Obstructing the performance of state management
regarding houses, the exercising of rights and obligations regarding ownership,
use, and transaction of houses of organizations and individuals.
3. Deciding or approving investment guidelines or
approving housing investment and construction projects that do not conform to
land use planning, construction planning, urban planning, or approved housing
development programs and plans.
4. Building houses on land where housing investment
and construction is not allowed in accordance with this Law; building or
renovating houses in a manner that does not conform to land use planning,
construction planning, urban planning, design standards, area standards in
respect of types of house stipulated by competent authority to be subject to
design standards and area standards. Applying the wrong formula for calculating
useable area of houses under this Law. Developing private multi-storey or
multi-unit houses in a manner that contradicts this Law.
5. Illegally expropriating house area; encroaching
on space and area under joint ownership or ownership of other people in any
shape or form; renovating, expanding, demolishing, reconstructing rented,
lease-purchased, borrowed, lodged, or authorized houses without consent of
owners.
6. Signing capital mobilization documents or
mobilizing capital for housing development without fulfilling conditions under
this Law and other relevant law provisions; using mobilized capital or advance
housing payment for the wrong purposes.
7. Engaging in the sale, purchase, lease purchase,
rent, accommodation rent, gift, transfer, mortgage, capital contribution,
lease, lodging, authorization for house management in a manner that does not
conform to this Law and other relevant law provisions; transferring houses to
buyers, buyer/tenant without fulfilling condition under this Law and
construction laws.
8. Performing the following actions in apartment
building management and use:
a) failing to incur maintenance fees for common
property of apartment buildings (hereinafter referred to as “maintenance
fees”); managing, using management, operation, or maintenance fees in a manner
that violates housing laws;
b) intentionally causing damp; causing noise or
vibration higher than the permissible value; disposing refuge, wastewater,
emission, or toxic substances in a manner that violates environmental
protection laws or apartment building management and use regulations; painting
or decorating exterior of dwelling units or apartment buildings in a manner
that violates design and architecture regulations; raising, herding livestocks,
poultry; slaughtering livestocks within the vicinity of apartment buildings;
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d) Intentionally using area and equipment under
joint ownership for personal gain; altering purposes of service area in mixed-use
apartment buildings without permission for repurposing of competent
authorities;
dd) Causing disorder, loss of safety, fire,
explosion in apartment buildings; trading combustible materials or engaging in
lines of business that threaten lives, property of apartment building occupants
in accordance with fire safety laws and other relevant law provisions;
e) Engaging in discotheque, karaoke, bar business;
engaging in repair of motorized vehicles; engaging in other contaminating lines
of business in accordance with environmental protection laws; engaging in
restaurant business without complying with fire safety requirements, without
preparing means of egress, or without complying with other business conditions
as per the law.
9. Using single-family houses for trading
combustible materials, providing services that cause environmental pollution,
noise pollution, affect social order, safety, activities of residential area
without complying regulations on business conditions.
Article 4. Housing development, management, and
use policies
1. The Government is responsible for implementing
housing development policies, allowing everyone to afford accommodations by
promoting diverse form of housing, including houses for sale, lease purchase,
rent depending on demand and financial capability of individuals and families,
subsidizing renovation and reconstruction of houses; the Government shall
invest public investment in part or in whole (hereinafter referred to as
“public investment”) in construction of social houses for lease and lease
purchase.
2. The Government is responsible for creating
residential land fund by approving land use planning, land use plans,
construction planning, urban planning, and functioning zone construction
planning.
3. The Government shall promulgate regulations and
policies on planning, land, finance, credit, research, application of new
science, technology, construction materials to encourage types of ownership to
participate in housing development investment and encourage organizations and
individuals to participate in housing development for sale, lease purchase, and
lease in accordance with market mechanisms.
4. The Government shall promulgate long-term
incentive regulations and policies regarding finance, land, credit with preferential
interests, other incentive financial regulations, and subsidy from state
fundings in order to implement social housing, apartment building renovation
and reconstruction policies.
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6. People’s Committees of provinces and
central-affiliated cities (hereinafter referred to as “provincial People’s
Committees”) shall be responsible for planning, allocating land area, investing
in social housing construction in accordance with this Law and other relevant
law provisions.
7. The Government shall develop policies on housing
management and use in order to ensure efficiency, safety, purposeful use and
compliance with occupancy.
Article 5. General requirements regarding
housing management and use
1. Suit housing demands of
entities and socio-economic conditions of the nation, administrative divisions,
regions, and zones from time to time.
2. Conform to the national
strategy for housing development, land use planning, land use plan,
construction planning, urban planning, housing development programs and plans
from time to time, ensure equal development of technical infrastructure and
social infrastructure; develop houses on the basis of efficient use of
resources; improve housing construction management.
3. Comply with housing laws;
satisfy standards, technical regulations, construction quality of houses as per
the law, conform to fire safety, architectural, sceneric, hygiene,
environmental, and safety requirements during construction as per the law;
capable of responding to natural disasters and climate change; use energy and
land resources efficiently.
4. In respect of urban areas, housing development
shall be implemented primarily in form of projects and consist of housing type,
area appropriate to market demand. In respect of remaining areas, depending on
specific local areas, provincial People’s Committees shall stipulate locations
and areas for housing development in form of projects. In respect of class 1
urban areas or wards, districts, cities in special urban areas, development
shall focus on apartment buildings.
5. In respect of wards, districts,
cities in special, class I, class II, and class III urban areas, developers of
housing investment and construction projects shall develop houses for sale,
lease purchase, and lease. In respect of other areas, provincial People’s
Committees shall, depending on local conditions, determine areas where
developers of housing investment and construction projects develop houses for
sale, lease purchase, or lease or transfer land use right in form of land
subdivision to allow buyers to build their own houses; if developers of housing
investment and construction projects are allowed to transfer land use right to
enable individuals to build houses, they shall conform to real estate trading
and land laws; if land use right is auctioned for housing investment and
construction projects in accordance with Land Law, developers of housing
investment and construction projects shall develop houses for sale, lease
purchase, and/or lease.
6. Depending on housing demands
and local conditions, competent authority approving planning shall allocate
land fund for social housing development for people with low income, poor
households, near-poor households in urban areas, employees in economic zones,
industrial parks, export-processing zones, hi-tech zones in accordance with
this Law.
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8. Management and use of houses shall serve the
right purposes, occupancy, satisfy fire safety, hygiene, environmental, social
security, order requirements and conform to regulations on housing dossier
management, maintenance, preservation, renovation, and demolition of houses and
other housing management and use regulations.
9. Satisfy other requirements according to this Law
in respect of housing development.
Chapter II
HOUSE OWNERSHIP
Section 1. GENERAL REGULATIONS ON HOUSE
OWNERSHIP
Article 6. Right to accommodation and right to
property
1. Individuals have the right to accommodation via
investment, construction, purchase, lease purchase, rent, gifting, inheritance,
capital contribution, ownership change, borrow, lodging, housing management by
authorization and other means as per the law.
2. Organizations and individuals having legal
houses in accordance with Clause 2 Article 8 hereof shall have ownership of
these houses as per the law.
Article 7. Protection of the right to property
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2. Houses under legal ownership of organizations
and individuals shall not be nationalized. In case of national defense and
security purposes or for national interest or emergencies or prevention of
natural disasters, the Government shall decide to purchase houses in advance or
clear houses under legal ownership of organizations and individuals.
In case of advance purchase of houses, the
Government shall pay in accordance with market price; in case of clearance, the
Government shall compensate, support, and implement relocation policies for
house owners as per the law. In case of forceful purchase and/or requisition of
houses, conform to property forceful purchase and requisition laws.
Article 8. Eligible entities and eligibility for
owning houses in Vietnam
1. Entities eligible for owning houses in Vietnam
include:
a) Domestic organizations and individuals;
b) Overseas Vietnamese in accordance with
nationality laws;
c) Foreign organizations and individuals in accordance
with Clause 1 Article 17 hereof.
2. Eligibility for owning houses in Vietnam
include:
a) Domestic organizations and individuals may own
houses via investment and construction, purchase, lease purchase, gifting,
inheritance, capital contribution, change of ownership, reception of relocation
houses as per the law and other means as per the law;
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c) Foreign organizations and individuals may own
houses via means under Clause 2 Article 17 hereof.
3. The Government shall elaborate documents proving
eligible entities and eligibility for house ownership under this Article.
Article 9. Recognition of the right to property
1. Organizations and individuals eligible and
having legitimate houses in accordance with Article 8 hereof shall be
recognized for house ownership via issuance of certificate of land use right,
the right to house and other asset associated to land (hereinafter referred to
as “certificate”), except for public housing.
Houses recognized for ownership under certificate
shall be existing houses. Procedures for issuing certificate to house owners
shall conform to land laws.
2. In case of termed housing purchase in accordance
with Clause 1 Article 165 hereof, the buyers shall be issued with certificate
during the agreed duration of ownership; once the ownership duration expires,
ownership shall be transferred to the sellers in accordance with agreement; if
the sellers do not receive the houses upon expiry of ownership duration,
Article 166 of this Law and other relevant laws shall apply.
3. Competent authority issuing certificate shall
specify the type and class of houses in accordance with this Law and
construction laws in the certificate; in case of dwelling units, specify floor
area and usable area of dwelling units; in case of houses built in projects,
specify name of housing investment and construction projects approved or
decided on investment guidelines by competent authority.
4. In respect of houses built in projects to be
sold or lease-purchased, certificate shall not be issued to project developers
but to buyers and buyer/tenant unless project developers wish to obtain the
certificate for houses that have not been sold or lease-purchased; if project
developers invest and build houses in order to lease, project developers may
apply for certificate for the houses.
Article 10. Right of house owners and users
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a) ensure their right to property is inviolable;
b) use their houses for residential purposes and
other purposes not prohibited by the law;
c) obtain certificate in regard to houses under
their legitimate ownership in accordance with this law and land laws;
d) sell, lease purchase, gift, change ownership,
bequeath, mortgage, contribute capital inform of property in accordance with
this Law, land laws, and other relevant law provisions; transfer property
purchase contract, lease, lend, allow lodging, authorize the right to house
management and other rights as per the law; in case of gifting or bequeathing
houses to entities not eligible for owning houses in Vietnam, these entities shall
only benefit from value of the houses.
If Land Law stipulates otherwise regarding rights
of owners of houses associated with land use right that are overseas
Vietnamese, such provisions shall prevail;
dd) share public utilities in the residential areas
in accordance with this Law and other relevant law provisions.
In case of owners of apartment buildings, the
owners have the right to own, use common property of apartment buildings and
common infrastructures of the apartment buildings, except for structures built
for business purposes or to be transferred to the Government as per the law or
according to property purchase, lease purchase agreements;
e) maintain, renovate, demolish, and reconstruct
houses in accordance with this Law and construction laws;
g) obtain the protection to right to property in
accordance with Article 7 of this Law;
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i) exercise other rights as per the law.
2. House owners that are foreign organizations and
individuals shall have rights specified under Article 20 hereof.
3. House users that are not owners may exercise the
right in house management and use in accordance with agreement with the owners.
Article 11. Obligations of house owners and
users
1. House owners that are domestic organizations,
individuals, and overseas Vietnamese have the obligation to:
a) use houses for the right purposes; produce and
store documents on houses under their ownership;
b) implement fire safety, guarantee hygiene,
environment, social order and safety as per the law;
c) comply with regulations and law upon selling,
lease-purchasing, leasing, gifting, transferring ownership, bequeathing,
pledging, lending, allowing lodging, authorizing management, transferring
property purchase contract; in regard to transactions that involve houses that
are marital property, the Law on Marriage and Family shall also apply. In case
of termed property purchase in accordance with Clause 1 Article 165 hereof,
houses shall be returned upon the expiry of purchase term in accordance with
Clause 2 Article 9 hereof.
If Land Law stipulates otherwise regarding
obligations of owners of houses associated with land use right that are overseas
Vietnamese, such provisions shall prevail;
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dd) purchase fire insurance for houses when fire
insurance is required in accordance with fire safety and insurance laws;
e) comply with legally effective decisions of
competent authority regarding penalties for violations, resolution to disputes,
complaints, denunciations regarding houses, compensation, assistance,
relocation, relocation, and demolition;
g) enable relevant parties and competent
individuals to conduct inspection, monitoring, and maintenance of equipment,
technical infrastructures, and area under common property;
h) exercise financial obligations to the Government
upon having right to property recognized, upon conducting transactions relating
to houses, and while using houses as per the law;
i) perform other obligations as per the law.
2. House owners that are foreign organizations and
individuals shall have obligations under Clause 1 of this Article and Article
21 hereof; representative of state ownership of public housing shall have
obligations under Clause 1 of this Article and responsibilities under Article
15 hereof.
3. House users that are not owners shall exercise
obligation to manage and use houses according to agreement with house owners,
this Law, and other relevant law provisions.
Article 12. Date of establishing property
ownership
1. In case of direct housing investment and
construction, the date on which property ownership is established shall be the
date on which house construction is finished in accordance with construction
laws.
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3. In case of capital contribution, gifting,
ownership transfer, the date on which property ownership is established shall
be date on which the parties that receive capital contribution, gift, ownership
transfer from the parties that contribute capital, gift, transfer ownership
unless otherwise agreed upon by the parties.
4. In case of purchase and lease purchase between
developers of housing development and construction projects and buyers or
buyer/tenant, the date on which property ownership is established shall conform
to real estate trading laws.
5. In case of inheritance, the date on which
property ownership is established shall conform to civil laws.
6. In case of other circumstances, conform to
relevant law provisions.
7. Transactions under Clause 2, Clause 3, and
Clause 4 of this Article shall comply with housing transaction conditions and
the contract shall enter into force in accordance with this Law.
Section 2. PUBLIC HOUSING
Article 13. Public housing
1. Public housing includes:
a) Official residence consists of central
government official residence and local government official residence in
accordance with housing laws;
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c) Social housing and housing for people’s armed
forces invested and constructed by the Government to accommodate beneficiaries
of housing policies in accordance with housing laws;
d) Houses other than those specified under Points
a, b, and c of this Clause invested and built using state budget or state
funding or established under public ownership as per the law from time to time
and leased out to households and individuals in accordance with housing laws;
dd) Houses of other ownership changed into public ownership
as per the law and other than cases under Point d of this Clause.
2. The development, management, and use of public
housing shall conform to this Law or, if this Law does not stipulate such
matter, the Law on Management and Use of Public Property.
Article 14. Ownership representatives of public
housing
1. The Ministry of Construction shall act as
ownership representatives of public housing and social housing invested using
central government budget; dorms for students of public education institutions
affiliated to the Ministry of Construction.
2. The Ministry of National Defense and Ministry of
Public Security shall act as ownership representatives of public housing,
houses for people’s armed forces purchased or invested by the Ministry of National
Defense, Ministry of Public Security, houses for students in public education
institutions under management of the Ministry of National Defense, Ministry of
Public Security. In respect of houses under Point d Clause 1 Article 13 hereof
leased and managed by the Ministry of National Defense, the Ministry of
National Defense shall act as ownership representatives unless these houses are
transferred to provincial People’s Committees as per the law.
3. Ministries, ministerial agencies, Governmental
agencies, other central authorities (hereinafter referred to as “central
authorities) shall act as ownership representatives of public housing and dorms
for students of public education institutions under management of respective
authorities.
4. Provincial People‘s Committees shall act as
ownership representatives of houses invested using funding sources specified in
Clause 1 Article 113 hereof and under management of local government and houses
under their management.
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1. In respect of public housing invested using
funding sources specified under Point a Clause 1 Article 113 of this Law,
ownership representatives of public housing have the responsibility to:
a) decide on entities eligible for renting public
housing, renting, transferring the right to lease-purchase houses according to
Point d Clause 1 Article 13 hereof; decide on entities eligible for renting,
lease-purchasing, purchasing social housing and houses for people’s armed
forces; decide on entities eligible for relocation housing;
b) select entities managing house operation and
entities maintaining houses;
c) decide on maintenance, renovation, demolition,
reconstruction of houses; approve solutions for relocation, forceful
relocation, compensation, support, relocation, and temporary residence within
their powers;
d) promulgate or decide on rent, lease purchase
price, selling price of houses, grant exemption, reduce rent and/or purchase
price;
dd) decide on transition to occupancy in accordance
with Article 124 hereof;
e) decide on the use of revenues generated from
business operation in areas serving business and service purposes in relocation
housing in order to support maintenance, management, and operation costs of the
houses;
g) decide on repossession and enforced repossession
of houses;
h) exercise other responsibilities as per the law.
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3. Other than Clause 2 of this Article, ownership
representatives of public housing may assign housing authority to select
housing operational management entities, housing maintenance entities, and
decide on housing maintenance. The Ministry of National Defense and Ministry of
Public Security may assign housing authority to exercise rights under Point a
and Point g Clause 1 of this Article.
4. The Government shall elaborate responsibilities
of housing authorities and operational management entities in managing and
using public housing.
Section 3. HOUSE OWNERSHIP IN VIETNAM OF FOREIGN
ORGANIZATIONS, INDIVIDUALS
Article 16. Areas in Vietnam where foreign
organizations, individuals are allowed to own houses
1. Foreign organizations, individuals are allowed
to own houses in house investment and construction projects in accordance with
Article 17 hereof, except projects in areas of strict national defense and
security according to Vietnamese laws.
2. The Ministry of National Defense and Ministry of
Public Security are responsible for notifying areas under strict national
defense and security to enable provincial People’s Committees to determine and
publish lists of housing investment and construction projects in areas where
house ownership of foreign organizations, individuals is allowed on their
website and websites of provincial housing authorities.
Article 17. Foreign organizations, individuals
allowed to own houses and form of house ownership in Vietnam
1. Foreign organizations, individuals allowed to
own houses in Vietnam include:
a) Foreign-invested business organizations building
houses in projects in Vietnam in accordance with this Law and relevant law
provisions;
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c) Foreign individuals allowed to enter Vietnam.
2. Foreign organizations, individuals under Clause
1 of this Article may own houses in Vietnam, including apartment dwelling units
and single-family houses via:
a) The implementation of housing investment and
construction projects in Vietnam in respect of organizations under Point a
Clause 1 of this Article;
b) Purchasing, lease-purchasing residential real
estates of developers of housing investment and construction projects,
receiving gift, inheriting residential real estates in housing investment and
construction projects in areas without strict national defense and security
requirements in accordance with Article 16 hereof in respect of organizations and
individuals under Point b and Point c Clause 1 of this Article;
c) Purchasing, lease-purchasing houses previously
owned by foreign organizations and individuals in accordance with Point b of
this Clause in respect of organizations and individuals under Point b and Point
c Clause 1 of this Article.
Article 18. Eligibility for foreign
organizations, individuals to own houses in Vietnam
1. Foreign-invested business organizations in
accordance with Point a Clause 1 Article 17 hereof must be developers of
housing investment and construction projects in accordance with this Law and
real estate laws.
2. Foreign organizations under Point b Clause 1
Article 17 hereof must obtain investment certificate or investment registration
certificate or documents relating to permission to operate or establish in
Vietnam effective at the time of signing housing transactions (hereinafter
referred to as “investment certificates”) issued by Vietnamese competent
authority.
3. Foreign individuals under Point c Clause 1 Article
17 of this Law do not benefit from diplomatic, consular privileges and
immunities as per the law.
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1. Foreign organizations and individuals under
Point b and Point c Clause 1 Article 17 hereof may only purchase, lease
purchase, receive gifted, inherit, and own up to 30% of total dwelling units in
an apartment buildings or up to 250 single-family houses including villas and
row houses in an area with population equivalent to that of a ward.
2. If there are multiple apartment buildings in an
area with population equivalent to that of a ward or multiple single-family
houses on a strip, foreign organizations and individuals may purchase, lease
purchase, receive gifted, inherit, and own up to the maximum number of dwelling
units and single-family houses under Clause 1 of this Article.
3. The Government shall stipulate areas with strict
national defense and security requirements, criteria for converting to
population scale equivalent to that of a ward, number of houses eligible for
ownership by foreign organizations and individuals, extension of house
ownership, and housing management, ownership of foreign organizations,
individuals in Vietnam.
Article 20. Rights of house owners that are
foreign organizations, individuals
1. Foreign-invested business organizations under
Point a Clause 1 Article 17 hereof shall exercise rights under Article 10
hereof or only the right to lease houses that are built on rented land.
2. Foreign organizations, individuals under Point b
and Point c Clause 1 Article 17 of this Law shall have ownership rights similar
to those of Vietnamese nationals and comply with requirements below:
a) They may only purchase, lease-purchase, receive
gifted, inherit, and own houses to the maximum number stipulated under Article
19 hereof and obtain certificate for these houses;
b) If foreign organizations, individuals receive or
inherit houses that are not specified under Point b Clause 2 Article 17 hereof
or own more than the maximum number of houses under Article 19 hereof or own
houses in areas with strict national defense and security requirements under
Article 16 hereof, they shall only benefit from value of these houses;
c) Foreign individuals may own houses in accordance
with agreement via purchasing, lease-purchasing, gifting, inheriting houses for
up to 50 years from the date on which the certificate is issued and request
extension once for up to 50 years. Duration of ownership shall be specified in
the certificate.
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Foreign individuals marrying overseas Vietnamese
permitted to enter Vietnam may own houses and exercise rights of house owners
similar to those of overseas Vietnamese;
d) Foreign organizations may own houses in
accordance with agreement in purchase, lease purchase, gift, inheritance
without exceeding the time limit, including extended time limit, in investment
certificate issued to the organizations; time limit for housing ownership shall
start from the date on which certificate is issued to the organizations and
shall be specified on such certificate;
dd) Prior to expiry of time limit for housing
ownership according to this Law, owners may, by themselves or by authorizing
other organizations and individuals, to exercise the right to gift or sell
these houses to entities eligible for housing ownership in Vietnam; if owners
fail to sell or gift houses that they own before the expiry of time limit for
housing ownership, the houses shall be public property.
If parties gifted with or purchasing houses are
entities specified under Point a and Point b Clause 1 Article 8 of this Law,
they shall have the rights detailed under Clause 1 Article 10 hereof.
Article 21. Obligations of house owners that are
foreign organizations, individuals
1. Foreign-invested business organizations under
Point a Clause 1 Article 17 hereof shall have obligations of house owners in
accordance with Article 11 hereof.
2. Foreign organizations, individuals under Point b
and Point c Clause 1 Article 17 of this Law shall have ownership obligations
similar to those of Vietnamese nationals and comply with requirements below:
a) Owners that are foreign individuals may lease
houses for purposes not prohibited by the law as long as the owners inform
housing authority of districts, communes, provincial cities, central-affiliated
cities (hereinafter referred to as “district-level”) in writing in advance
about the lease in accordance with regulations of the Ministry of Construction
and pay tax generated by the lease as per the law.
Foreign individuals marrying Vietnamese nationals
who are living in Vietnam shall have obligations similar to those owners that
are Vietnamese nationals.
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b) Owners that are foreign organizations shall only
use their houses to accommodate employees of the organizations;
c) Settle purchase, lease purchase payments via
credit institutions, FBBs operating in Vietnam;
d) If foreign individuals are subject to removal or
deportation or foreign organizations are suspended from operating in Vietnam by
Vietnamese competent authority as a result of violating Vietnamese law in using
houses under their ownership, these houses shall be processed in accordance
with decisions of Vietnamese competent authorities.
Article 22. Cases where foreign organizations,
individuals are not issued with the certificate
1. The following foreign organizations and
individuals shall not be issued with certificate for their houses and shall
only sell or gift these houses to entities eligible for owning houses in
Vietnam:
a) Foreign organizations, individuals are gifted or
inheriting houses that do not fall under the case described in Point b Clause 2
Article 17 hereof or exceed the maximum number of houses for ownership in
accordance with Article 19 hereof or are located in areas with strict national
defense and security requirements in accordance with Article 16 hereof;
b) Foreign organizations that do not operate in
Vietnam or foreign individuals not allowed to enter Vietnam are gifted or
inheriting houses in Vietnam.
2. Entities under Point a Clause 1 of this Article
may, by themselves or by authorizing other organizations and individuals, sell
or gift houses; entities under Point b Clause 1 of this Article may authorize
other organizations and individuals residing, operating in Vietnam to sell or
gift houses.
3. Entities inheriting houses including
organizations and individuals eligible for house ownership and ineligible for
house ownership in Vietnam, shall discuss the processing of inherited houses
and:
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b) gift or sell these houses to organizations and
individuals eligible for house ownership in Vietnam.
Chapter III
NATIONAL HOUSING DEVELOPMENT STRATEGY, PROVINCIAL HOUSING
DEVELOPMENT PROGRAMS AND PLANS
Section 1. NATIONAL HOUSING DEVELOPMENT STRATEGY
Article 23. Basis for developing National
housing development strategy
1. National socio-economic development strategy;
national general planning.
2. National socio-economic development conditions.
3. Results of previous National housing development
strategy; housing conditions.
4. Requirements regarding housing development for
entities during development of National housing development strategy.
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National housing development strategy consists
primarily of:
1. Housing development principles;
2. Housing development objectives
which include:
a) General objectives in order to
satisfy housing demands of entities, ensure sustainable and transparent real
estate market development;
b) Specific objectives including:
developing housing area; improving housing quality; developing residential real
estates, social housing, houses for people’s armed forces, official housing,
relocation housing, housing under national target programs, public investment
programs regarding housing; private houses; renovation and reconstruction of
apartment buildings; objectives in vision of National housing development
strategy including total housing area, total social housing area, houses for
additional people’s armed forces, housing quality;
3. Tasks and solutions for
executing National housing development strategy, including: land fund planning
and development; housing development and management in accordance with programs
and plans; funding sources and tax, administrative procedure and investment
procedure reform; development of real estate market and other tasks, solutions;
4. Responsibilities of ministries,
ministerial agencies, provincial People’s Committees, relevant agencies,
organizations in implementation of the National housing development strategy.
Article 25. Period of National housing
development strategy and entitlement to approve National housing development
strategy
1. A National housing development strategy shall
last 10 years and contain vision appropriate to National socio-economic
development strategy. National housing development strategy shall be approved
in the first year of the Strategy.
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3. Basic indicators regarding housing development
in the National housing development including average house area per capita,
housing quality in urban areas, rural areas, and nationwide shall be
incorporated in national socio-economic development tasks from time to time.
4. Provincial People’s Committees are responsible
for developing and approving provincial housing development programs and plans
in accordance with this Law in order to implement National housing development
strategy.
Section 2. PROVINCIAL HOUSING DEVELOPMENT
PROGRAMS AND PLANS
Article 26. Basis for development and period of
provincial housing development programs and plans
1. Basis for developing provincial housing program
includes:
a) National housing development strategy;
b) Land use planning, construction planning, urban
planning;
c) Local socio-economic development conditions;
results of previous provincial housing development programs; housing
conditions; housing demands during development of provincial housing
development programs.
2. Basis for developing provincial housing
development plans includes:
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b) Local socio-economic development plans;
c) Results of previous provincial housing
development plans; housing conditions; housing demands during development of
provincial housing development plans.
3. Depending on local conditions, provincial
People's Committees may develop and approve separate plans for development of
social housing, relocation housing, renovation and reconstruction of apartment
buildings.
4. Period of provincial housing
development programs and plans shall be determined as follows:
a) A provincial housing
development program shall last 10 years corresponding to National housing
development strategy;
b) A provincial housing
development plan shall last 5 years where the first period of provincial
housing development programs is determined by the first period of provincial
housing development programs.
Article 27. Details of provincial housing
development programs and plans
1. Provincial housing development
programs include:
a) Assessment of current
conditions of floor area and quality of single-family houses, apartment
buildings; current conditions of types of house developed in projects, houses
in national target programs, public investment programs regarding houses,
houses built by individuals; current conditions of residential real estate
market;
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c) Forecast for land area for
development of social housing, relocation housing, official housing, renovation
and reconstruction of apartment buildings. Forecast for additional floor area
demand in provinces and central-affiliated cities during the period of
provincial housing development programs, which identify demands for housing
area of each beneficiary group of social housing support policies and each type
of houses developed in projects;
d) General objectives, specific
objectives of housing development in provinces and central-affiliated cities;
dd) Housing development direction
during program periods, including average housing area per capita in urban
areas, rural areas in provinces and central-affiliated cities; minimum floor
area; expected floor area completed and brought into use within the program
period; house quality in urban areas and rural areas;
e) Demands for state budget and
other funding sources for housing development;
g) Solutions for executing the
program, including solutions regarding planning, land fund, funding sources,
tax, administrative procedure and investment procedure reform, and other
solutions;
h) Areas expected for housing
development by district level;
i) Responsibilities of People’s
Committees of all levels and local authorities in implementation of provincial
housing development programs.
2. Provincial housing development
plans include:
a) Indicators regarding average
housing area per capita, finished and useable floor area of houses developed in
projects, houses in national target programs, public investment programs for
housing;
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e) Demands for state budget and other funding
sources for housing development;
d) Solutions for executing plans in accordance with
National housing development strategy and provincial housing development
programs;
dd) Responsibilities of People’s
Committees of all levels and local authorities in implementing provincial
housing development plans.
Article 28. Revision to provincial housing
development programs and plans
1. Revision to provincial housing development
programs shall be conducted upon changes to any of the details specified under
Points c, d, dd, or h Clause 1 Article 27 hereof as a result of revision to
provincial planning or approval of provincial plannings in new stages or
establishment, dissolution, merger, acquisition, division, or adjustment to
boundaries of provincial administrative divisions.
2. Revised provincial housing
development programs shall contain:
a) Necessity for program revision;
b) Revision contents; funding
sources for implementation;
c) Solutions for executing the
revision;
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3. Revision to provincial housing
development plans of provinces shall be implemented when:
a) Revision is made to approved provincial housing
development programs;
d) Revision is made to details relating to houses
in provincial socio-economic development plans;
c) The case of Clause 4 Article 65 hereof occurs if
apartment building renovation, reconstruction plans are developed and approved
together with provincial housing development plans.
4. Revised provincial housing development plans
shall indicate:
a) Purpose and requirements of
revision;
b) Revision contents; funding
sources for implementation;
c) Solutions for executing the
revision;
d) Responsibilities of People’s Committees of all
levels and local authorities in implementing revision plans.
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Article 29. Development and approval of
provincial housing development programs and plans
1. The development and approval of provincial
housing development programs and plans shall be done as follows:
a) Provincial People’s Committees shall organize
development of provincial housing development programs and request provincial
People’s Councils to approve. When provincial People's Councils have granted
approval, provincial People’s Committees shall approve and implement provincial
housing development programs;
b) On the basis of approved provincial housing
development programs, provincial People’s Committees shall develop, approve,
and implement provincial housing development plans; if the plans utilize budget
sources for housing development, the housing development plans shall also conform
to medium-term approved public investment plans.
2. Upon approving provincial housing development
programs and plans, provincial People's Committees shall publicize these
programs and plans on their websites, local mass media, and send to provincial housing
authorities to be published on website of housing authorities and submission to
Ministry of Construction.
3. The Government shall elaborate details,
procedures for developing, approving, revising, expenditure on developing,
revising provincial housing development plans and programs; conformity of
construction investment projects to provincial housing development plans and
programs when evaluating investment guidelines.
Chapter IV
HOUSING DEVELOPMENT
Section 1. GENERAL PROVISIONS
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1. Housing development in housing investment and
development projects including:
a) Investment and construction
projects for 1 single-family house or 1 housing complex;
b) Investment and construction
projects for 1 mixed-use house or 1 mixed-use housing complex;
c) Investment and construction
projects for housing to synchronize housing construction with construction of
technical infrastructures, social infrastructures, and other structures serving
residential purposes;
d) Investment and construction
projects for infrastructures of housing complex for transferring land use right
to individuals for house construction;
dd) Investment and construction
projects of urban areas with houses;
e) Multi-purpose land use projects
reserving project land for house construction.
2. Housing development individuals
in accordance with Section 5 of this Chapter.
Article 31. Type of houses developed in housing
investment and construction projects and standard housing area
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a) Social housing development;
b) Development of residential real
estate, worker housing in industrial parks, houses for people’s armed forces;
c) Development of official
housing;
d) Developing for relocation
homes;
dd) Renovation and reconstruction
of apartment building.
e) Development of mixed-use houses
under this Clause in accordance with this L:aw.
2. Houses shall be designed and
built in accordance with this Law and construction standards, regulations;
apartment dwelling units shall be designed and built in a closed structure
where dwelling unit floor area is not lower than area stipulated under national
technical regulations on apartment buildings; house construction in rural areas
shall also conform to customs, traditions, and architecture of each region,
zone and include auxiliary structures serving residential and manufacturing
demands of families and individuals.
Article 32. Land fund for housing development
1. Land area for
housing development shall be determined in urban planning, construction
planning of industrial parks, construction planning for higher education
institutions, other construction plannings in accordance with planning laws,
urban planning laws, construction laws, and other relevant law provisions.
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3. Allocation of
land for residential real estate, official housing, relocation housing
development shall conform to Clause 1 and Clause 2 of this Article, Sections 2,
3, and 4 of this Chapter.
4. Allocation of
land for development of social housing, worker housing in industrial parks,
housing for people’s armed forces shall conform to Clause 1 and Clause 2 of
this Article and Chapter VI of this Law.
Article 33. Requirements of housing investment
and construction projects
1. Housing investment and construction projects
under Clause 1 Article 30 of this Law shall satisfy general requirements below:
a) Conform to approved provincial housing
development programs and plans, comply with decided or approved investment
guidelines, and satisfy requirements under Article 5 of this Law; implement in
accordance with approved detail planning;
b) Sub-division into component projects (if any)
and investment phases shall be determined in investment guidelines,
construction feasibility study, decisions on investment and construction in
accordance with investment laws, public investment laws, and construction laws;
c) Housing
investment and construction projects and areas therein shall be named in
Vietnamese; investment and construction projects for social housing, housing
for people’s armed forces, relocation housing shall be named in Vietnamese by
project developers; if developers of investment and construction projects for
residential real estates, renovation and reconstruction of apartment buildings
may name the projects in Vietnamese followed by the project name in foreign
language. Name of projects and name of areas in projects shall be specified in
investment guidelines or details of approved projects and used throughout
investment, management, use process;
d) Details of
approved projects shall be adequately implemented by developers of housing
investment and construction projects; in case of revision to project details
which leads to revision to investment guidelines, developers of housing
investment and construction projects shall adopt procedures for revision to
investment guidelines as per the law before revising project details;
dd) Commissioning and hand-over of houses,
technical infrastructures, social infrastructures together with projects shall
conform to this Law, construction laws, other relevant law provisions; ensure
quality and safety in construction, operation, use, fire safety, and
environmental protection. Requirements regarding natural disaster preparedness,
prevention, and climate change adaptation shall also be met in areas prone to
climate change;
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2. Investment and
construction projects for mixed-use houses under Point b Clause 1 Article 30
hereof shall fulfil requirements under Clause 1 of this Article and
requirements below:
a) Residential
purpose and office, mercantile, service purposes, other purposes shall be
clearly defined in decided or approved investment guidelines;
b) Approved project
details shall define whether or not areas of different functions are physically
separated; if areas of different functions are separated, equipment and system
for use in each area shall be designed and installed in a manner that is
physically separated from equipment and system for use in the entire mixed-use
structures in order to ensure management requirements during use;
c) Ensure
consistency between technical infrastructures, social infrastructures inside
and outside of projects.
3. Housing
investment and construction projects under Points c, d, dd, and e Clause 1
Article 30 of this Law shall fulfil requirements under Clause 1 of this Article
and requirements below:
a) Adequate
technical infrastructures and social infrastructures satisfying planning
criteria in accordance with planning laws shall be required and connected to
general technical infrastructures of the area;
b) Responsibilities
for investment, construction, management, and use of technical infrastructure
and social infrastructures of projects shall be defined in investment
guidelines in accordance with investment laws, public investment laws, and
construction laws;
c) If land use right
is transferred to enable individuals to build houses in accordance with this
Law and other relevant law provisions, details of approved projects shall
define areas and locations for housing investment and construction, areas and
locations subject to land use right transfer where individuals build houses, or
whether the entire projects are subject to land use right transfer for house
construction by individuals.
4. In addition to
requirements under Clauses 1, 2, and 3 of this Article, housing investment and
construction projects shall also satisfy requirements respective to the type of
housing investment and construction projects under Articles 49, 53, 60, 81, 95,
and 105 of this Law and other relevant law provisions.
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Article 34. Phases of housing investment and
construction projects
1. Phases of housing investment and construction
projects include preparation, execution, completion, and operation in
accordance with housing laws, investment laws, public investment laws,
construction laws, and other relevant law provisions.
2. The Government shall elaborate Clause 1 of this
Article.
Article 35. Project developers and eligibility
of project developers of housing investment and construction projects
1. Developers of housing investment and
construction projects include:
a) Cooperative enterprises, joint cooperatives,
foreign-invested business organizations established and operating under
Vietnamese laws, engaging in real estate trading (hereinafter
referred to as “real estate enterprises”), and satisfy requirements under
Clause 2 of this Article;
b) Organizations investing and building houses
using funding sources under Clause 5 Article 112, Clause 1 Article 113 of this
Law and satisfy requirements under Clause 3 of this Article.
2. In respect of cases under Point a Clause 1 of
this Article, developers of housing investment and construction projects shall:
a) have equity in accordance with real estate
trading laws for implementation of each housing investment and construction
law; and
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c) have sufficient capacity and experience in
executing housing investment and construction projects as per the law.
3. In respect of cases under Point b Clause 1 of
this Article, developers of housing investment and construction projects shall
be organizations assigned by individuals deciding on investment to manage, use
capital in order to execute housing investment and construction projects.
4. Depending on type of housing investment and construction
project, selection of project developers shall conform to Clauses 1, 2, and 3
of this Article and other relevant law provisions.
Section 2. RESIDENTIAL REAL ESTATE DEVELOPMENT
IN PROJECTS
Article 36. Developers of residential real
estate development projects
1. Developers of residential real
estate development projects shall be real estate enterprises satisfying
requirements under Points a and c Clause 2 Article 35 of this Law and falling
under any of the cases mentioned in Clause 2 or Clause 3 of this Article.
2. Real estate enterprises
assigned with land or leasing land as a result of winning land use right
auction or winning bid for selection of contractors for projects that involve
land use; or otherwise accepted as investors when organizing auction, bidding
in accordance with investment laws.
3. Real estate enterprises having
approved investment guidelines and accepted as developers of residential real
estate development projects when the investors obtain land use right via
agreement on acceptance of land use right in regard to type of land on which
residential real estate investment and construction projects are allowed or are
having land use right in regard to type of land on which residential real
estate investment and construction projects are allowed according to Land Law.
Article 37. Execution of residential real estate
investment and construction projects
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2. Developers
of housing investment and construction projects shall build houses and
technical infrastructures, social infrastructures according to planning and
details, progress of approved projects; or carry out construction work
corresponding ton approved investment phase if projects involve multiple
investment phases.
3. In regard to technical
infrastructures and social infrastructures to be transferred to the government
or local authority for management in accordance with approved investment
guidelines and/or project details, the transfer shall be implemented as soon as
construction process is completed; agencies and organizations receiving the
transfer are responsible for managing, maintaining, operating, and using in
accordance with approved purpose and functionality. In regard to technical
infrastructures and social infrastructures invested by the Government,
organizations assigned to carry out investment and construction of technical
infrastructures and social infrastructures shall conform to approved project
schedule.
4. The hand-over of houses to
buyers, buyer/tenant shall only be done when house commissioning in accordance
with approved design and technical infrastructure commissioning of the area
have been carried out in accordance with approved project schedule. If
developers of housing investment and construction projects are required to
build social infrastructures to serve accommodation demands according to
investment guidelines, they shall complete construction process and carry out
commissioning in accordance with approved schedule prior to handing over the
houses. In case of hand-over of partially constructed houses, the entire
exterior of these houses shall be completed.
In case of hand-over of apartment
buildings, project developers shall obtain adequate documents on property
handover according to regulations of the Government.
5. Commissioning of houses,
technical infrastructures, and social infrastructures in projects shall conform
to construction laws.
Article 38. Rights of developers of residential
real estate development projects
1. Require relevant agencies,
organizations to adopt procedures as per the law during approval of investment
guidelines, production, approval, and implementation of the projects.
2. Sell, lease sell, lease houses;
mobilize capital, collect sale, lease sale, lease payment in accordance with
this Law, real estate trading laws, and signed contracts.
3. Exercise rights of individuals
using land and selling products in projects according to approved investment
guidelines and approved project details.
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5. Manage and operate technical
infrastructures, social infrastructures within the projects without having to
transfer to the Government according to investment guidelines and approved
project details.
6. Request competent authority
entitled to issue certificate to houses built in projects in accordance with
Article 9 hereof and land laws.
7. Benefit from incentive policies
of the Government during project implementation as per the law.
8. Exercise other rights as per
the law.
Article 39. Obligations of developers of
residential real estate development projects
1. Produce, approve, and implement
projects in accordance with approved investment guidelines, approved project,
this Law, construction laws, and other relevant law provisions.
2. Deposit or obtain bank
guarantee regarding deposit obligations for project execution in accordance
with investment laws; incur housing transaction insurance premiums in
accordance with real estate trading laws; ensure financial capability for
project execution as per the law.
3. Build houses and technical
infrastructures, social infrastructures in projects in accordance with detail
planning, approved investment guidelines, comply with design and area standards
applicable to social housing and approved projects.
4. If developers are eligible for
transferring land use right to allow individuals to build houses in accordance
with this Law, project developers shall only transfer land use right after
finishing and commissioning technical infrastructures in accordance with
construction laws and real estate trading laws in respect of the areas where
the transfer occurs.
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6. Sign contracts and documents
relating to capital mobilization for implementation of housing investment and
construction projects in accordance with this Law, real estate trading laws,
and other relevant law provisions. Do not authorize or assign parties
participating in investment, joint venture, consortium, cooperation, capital
contribution, or other organizations and individuals to sign contracts for
property lease, lease purchase, purchase, deposits for housing transaction or
trading of land use right in projects.
7. Fully implement commitments in
project product trading contracts; ensure structure quality in accordance with
construction laws; hand over houses together with related documents to
customers, sell, implement lease purchase, lease houses, trade land use right
in accordance with this Law, real estate trading laws, and other relevant law
provisions.
8. Within 50 days from the date on
which houses are handed over to buyers or from the date on which buyer/tenant
has settled all payments, request competent authority in writing to issue
certificate to buyers, buyer/tenant unless the buyers, buyer/tenant apply for
certificate by themselves.
9. Provide house insurance in
accordance with this Law and construction laws; implement financial obligations
to the Government as per the law.
10. Comply with legally effective
decisions of competent authority regarding penalties for violations in housing
development, capital mobilization, and advance of customers, implement housing
transactions and other activities stipulated under this Law.
11. Incur damages in case of
damage done to customers or organizations, individuals engaging in housing
investment and construction.
12. Fulfil obligations under
Clause 2 and Clause 3 Article 83 of this Law.
13. Perform other obligations as
per the law.
Section 3. OFFICIAL HOUSING DEVELOPMENT
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1. Land area for official housing construction
shall be specifically determined in approved construction planning.
2. In respect of ministry official
housing, the Ministry of Construction shall take charge and cooperate with
provincial People’s Committees in determining land area for official housing
construction in the area, except for cases under Clause 3 of this Article. Provincial
People’s Committees are responsible for allocating land for official housing
construction at request of the Ministry of Construction.
3. In respect of official housing
for entities affiliated to people’s armed forces according to this Law, the
Ministry of National Defense and Ministry of Public Security shall take charge,
cooperate with Ministry of Construction and provincial People’s Committees
where official housing entities affiliated to people’s armed forces are built.
4. In respect of local official
housing, provincial People’s Committees are responsible for allocating land for
official housing construction when producing and approving planning as per the
law.
5. The Government shall not
collect land levy of land area on which official housing is built in accordance
with this Article.
Article 41. Official housing development means
and plan
1. The Government shall invest using budget,
including central government budget and local government budget in construction
of official housing and purchase, leasing of residential real estate as
official housing.
2. Central authorities shall
verify official housing demand and details under Points a, b, and c Clause 5 of
this Article of their agencies or fields and send to the Ministry of
Construction for appraisal, development, and submission of 5-year official
housing development plans of central authorities to the Prime Minister for
approval except for Clause 3 of his Article.
3. The Ministry of National
Defense and Ministry of Public Security shall take charge and cooperate with
Ministry of Construction in developing 5-year official housing development plan
for entities within people's armed forces in accordance with this Law and
submitting to the Prime Minister.
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5. Primary contents of official
housing development plans under this Article include:
a) Quantity and position of
entities eligible for renting official housing in accordance with this Law;
b) Land area demand for official
housing construction;
c) Type and quantity of each
housing type, total floor area requiring construction or purchase, renting from
residential real estate as official housing during plan duration;
d) Expected capital for investment
and construction of official housing, purchase, renting of residential real
estates as official housing in 5 years;
dd) Responsibilities of presiding
entities, relevant ministries, central departments, and local governments.
6. Official housing
plans and contents serve as the basis for producing investment estimates of
official housing construction, purchase, leasing of residential real estates as
official housing.
Article 42. Decision on investment guidelines,
decision on investment, and decision on developers of official housing
investment and construction projects
1. Decision on investment
guidelines of official housing investment and construction projects shall be
implemented as follows:
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b) The Minister of National
Defense and Minister of Public Security shall decide on investment guidelines
of official housing investment and construction projects after reaching
agreement with the Ministry of Construction to lease to entities of people’s
armed forces;
c) Provincial People’s Councils
shall decide on investment guidelines or assign provincial People’s Committees
to decide on investment guidelines of official housing investment and construction
projects to lease to entities conducting business trips at respective provinces
and cities.
2. In respect of Points a and b
Clause 1 of this Article, competent individuals entitled to decide on
investment guidelines shall decide on investment and decide on developers of
official housing investment and construction projects. In respect of Point c
Clause 1 of this Article, Chairpersons of provincial People’s Committees shall
decide on investment and decide on developers of official housing investment
and construction projects.
3. The Government shall elaborate
this Article.
Article 43. Purchase and renting of residential
real estates as official housing
1. In case of insufficient official housing fund to
accommodate entities eligible for rent in the area with residential real
estates built by projects, satisfying quality according to construction laws,
and qualifying for type and standards area of official housing, competent
authorities under Article 14 hereof may purchase and/or rent these residential
real estates as official housing.
2. Prior to producing projects for purchasing
residential real estates as official housing, competent authorities shall
decide on investment guidelines as follows:
a) The Ministry of Construction shall request the
Prime Minister to decide on investment guidelines of projects for purchasing
residential real estates to lease to entities under Points a, e, and g Clause 1
Article 45 hereof, entities of central authorities under Point b Clause 1
Article 45 hereof;
b) The Ministry of National
Defense and Ministry of Public Security shall request the Prime Minister to
decide on investment guidelines of projects for purchasing residential real
estates to lease to entities under Point d Clause 1 Article 45 hereof;
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3. When competent authorities have
decided on investment guidelines, projects for purchasing residential real
estates as official housing shall be implemented as follows:
a) In respect of projects for
purchasing residential real estates to lease to entities of central
authorities, other than entities of people’s armed forces, the Ministry of
Construction shall request the Prime Minister to decide on investment or the
Minister of Construction to decide on investment if they are authorized by the
Prime Minister;
b) In respect of projects for
purchasing residential real estates to lease to entities of people’s armed
forces, the Minister of National Defense, and Minister of Public Security shall
decide on investment after reaching an agreement with the Ministry of
Construction;
c) In respect of projects for
purchasing residential real estates to lease to local entities, provincial
housing authorities shall request Chairpersons of provincial People’s
Committees to decide on investment;
d) Primary contents of projects
for purchasing residential real estates as official housing under this Clause
include position, location, type of house, quantity of house, useable area of
each type of house, price, relevant costs, fundings for house purchase, payment
methods, agencies signing property purchase contracts, project schedule,
agencies responsible for housing management following purchase,
responsibilities of relevant agencies in project execution;
dd) Purchase price of residential
real estates for use as official housing shall decided by individuals deciding
on investment on the basis of consulting housing market price and price
evaluation results of entities conducting evaluation at the time of purchase.
4. The renting of residential real
estates as official housing is regulated as follows:
a) In respect of renting to lease
to entities of central authorities, the Ministry of Construction shall request
the Prime Minister to review and decide; the Ministry of Construction shall
directly sign lease agreements with property owners in order to accommodate
entities eligible for renting official housing;
b) In respect of leasing houses to
entities of people’s armed forces, the Ministry of National Defense and
Ministry of Public Security shall request the Prime Minister to review and
decide; the Ministry of National Defense and Ministry of Public Security shall
directly sign lease agreements with property owners in order to accommodate
entities eligible for renting official housing;
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d) Primary contents of reports
proposing renting of residential real estates as official housing in this
Clause include position, location, type of house, quantity of houses, useable
area of each type of house, rent, rent duration, relevant costs, funding
sources for rent, agencies responsible for settling rent, agencies signing
lease agreements and managing property during rent.
5. The Government shall elaborate
this Article.
Article 44. Type and area standards of official
housing
1. Official housing includes
villas, row houses, and dwelling units of varying area standards appropriate to
each group of entities eligible for renting official housing in accordance with
this Law.
2. Area and interior standards of
official housing shall be stipulated by the Prime Minister and adjusted from
time to time at request of Ministry of Construction.
Article 45. Eligible entities and eligibility
for renting official housing
1. Entities eligible for renting
official housing include:
a) Figureheads of the Communist
Party, the Government staying at official housing while holding position;
b) Officials and public officials
in agencies affiliated to the Communist Party, the Government, socio-political
organizations that do not fall under Point a of this Clause mobilized,
reassigned, seconded from local government to central authority to hold
position from vice heads of Governmental agencies and equivalent or higher; mobilized,
reassigned, seconded from central agencies to local governments or between
local governments to hold positions of Vice Chairpersons of People's Committees
of districts, Vice Directors of Provincial Departments or equivalent or higher;
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d) Officers, non-commissioned
officers, and servicemen in people’s armed forces mobilized, reassigned,
seconded for national defense and security purposes; police officers, public
officials, employees, public employees working in national defense, individuals
engaging in cryptography, individuals working in the field of cryptography
receiving salaries from state budget and affiliated to people’s armed forces
mobilized, reassigned, seconded to work in communes of rural areas, remote
areas, areas with extremely disadvantaged socio-economic conditions, border
areas, and islands; unless entities under this Point are mandated by the law to
stay in camps of people’s armed forces;
dd) Teachers, doctors, healthcare
workers working in rural areas, remote areas, areas with extremely
disadvantaged socio-economic conditions, border areas, and islands;
e) Scientists assigned to take
charge of national-level science and technology tasks of special importance in
accordance with the Law on Science and Technology; talents making important
contributions to Vietnam recognized by competent authority as per the law;
g) Depending on practical
situations, the Prime Minister shall decide entities that do not fall under
Points a, b, c, d, dd, and e of this Clause shall be provided with official
housing at request of Ministry of Construction on the basis of propositions of
ministries, agencies, central organizations, provincial People’s Committees.
2. Eligibility to rent official
housing:
a) Eligible entities under Point a
Clause 1 of this Article whom shall be provided with official housing depending
on security demands;
b) Entities under Points b, c, d,
dd, e, and g Clause 1 of this Article who have not owned houses and have not
been able to purchase, lease purchase, or rent social housing in locales where
they conduct business trips at or have owned houses in locales where they
conduct business trips while their average house area per capita is lower than
minimum house area.
The Government shall elaborate
this Point.
Article 46. Principles for evaluating rent of
official housing
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2. Do not include land levy for
construction of official housing, depreciations of official housing investment
and construction funding or purchase cost of residential real estates serving
as official housing.
3. Rent of official housing shall
be decided, reviewed, and adjusted accordingly from time to time by competent
authorities under Article 14 hereof.
4. If residential real estates are
rented to serve as official housing, individuals renting official housing shall
pay rent for official housing at a lower price than rent of residential real
estates.
5. The Government shall elaborate
determination of rent of official housing and procedures for renting official
housing.
Article 47. Rights and obligations of official
housing tenants
1. Official housing tenants have
the right to:
a) receive house and accompanying
equipment according to lease agreement;
b) accommodate them and their
family members during period in which they hold positions or conduct business
trips;
c) request housing operation and
management entities to promptly repair damage that is not caused by the
tenants;
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dd) exercise other housing rights
according to regulations and official housing lease agreements.
2. Official housing tenants have
the obligation to:
a) use official housing for
residential and daily activities of themselves and their family members during
rent duration;
b) preserve official housing and
accompanying equipment; refrain from renovating, repairing, demolishing
official housing without permission; comply with regulations on management and
use of dwelling units in case official housing is facilitated by apartment
dwelling units;
c) refrain from
subletting, lending, or authorizing management of official housing;
d) pay rent in accordance with
lease agreements signed with leasing parties and settle other service fees
regulated by service providers;
dd) return houses to agencies and
organizations managing official housing within 90 days from the date on which
the tenants retire according to retirement decision or are reassigned to other
areas according to reassignment decision or are no longer entities eligible for
renting official housing or no longer eligible according to Article 45 hereof. If
tenants fail to return the property within the time limit under this Point,
competent authorities leasing official housing shall issue decision on
repossession and enforced repossession of official housing in accordance with
Clause 2 Article 127 hereof. The repossession and enforced repossession of
official housing shall be publicly notified on mass media;
e) while returning official
housing, tenants shall transfer houses and accompanying houses according to
lease agreements;
g) perform other obligations relating to housing in
accordance with regulations and lease agreements.
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Article 48. Relocation housing allocation
1. Means of allocating relocation housing include:
a) Construction of houses in
projects to be sold, lease-purchased, or leased to relocating individuals;
b) Order placement or purchase of
residential real estates built in projects to be sold, lease-purchased, leased
to relocating individuals;
c) Enabling of relocation
individuals to purchase, lease-purchase, rent social housing built in projects;
d) Reimbursement of purchase,
lease purchase, rent payments of relocating individuals;
dd) Assignment of relocation
housing for individuals in apartment building renovation and reconstruction
projects according to Chapter V hereof;
e) Relocation assignment as per
land laws.
2. The Government shall stipulate eligible
entities, eligibility for relocation housing; procedures for purchasing,
lease-purchasing, renting relocation housing.
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1. Housing assignment for relocation in a situation
where relocating individuals move to different residences shall be implemented
prior to repossession, clearance of property unless relocating individuals
voluntarily hand over their houses prior to being assigned with relocation
housing in a manner that guarantees openness, transparency, incorporates
interests of the Government, individuals whose houses are subject to
repossession and clearance, and investors as per the law; conditions of
relocation housing shall be equal to or higher than those of houses subject to
repossession and clearance.
2. If house clearance serves construction of other
structures according to approved plannings in class I urban areas or wards,
districts, cities in special urban areas, relocation housing shall be assigned
to individuals whose houses are subject to clearance in means mentioned under
Points b, c, and d Clause 1 Article 48 of this Law if the individuals wish to
relocate in class I urban areas or wards, districts, cities of special urban
areas. If relocating individuals do not wish to relocate to class I urban areas
or wards, districts, cities of special urban areas, depending on local
conditions, relocation shall be implemented in any of the means detailed under
Clause 1 Article 48 hereof.
If relocation is implemented via purchase or lease
purchase of social housing, social housing shall be prioritized for relocating
individuals.
3. If house
clearance serves construction of other structures according to approved
planning in areas not specified in Clause 2 of this Article, depending on local
conditions and demands of relocating individuals, relocation shall be
implemented in any of the means detailed under Clause 1 Article 48 hereof.
4. If house clearance serves residential real
estate or social housing investment and construction projects where relocating
individuals wish to relocate at current location, developers of housing
investment and construction projects shall situate residential real estates or
social housing in the project sites to accommodate relocation.
5. In respect of apartment building demolition to
serve apartment building, apartment complex renovation and reconstruction
projects (hereinafter referred to as “apartment building renovation and
reconstruction projects”), compensation, assistance, and relocation shall
conform to Chapter V hereof.
6. If relocation is accommodated by houses built in
projects, such projects shall be produced and approved separately and not
incorporated with projects consisting of residential real estates, official
housing, social housing, except for apartment building renovation and
reconstruction projects; in respect of rural areas, relocation housing
investment and construction projects shall also include land fund allocation
for production demand of individuals subject to relocation.
7. If relocating individuals are eligible for
compensation in form of land use right, land laws shall be complied with.
Article 50. Land fund for relocation housing
investment and construction projects
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2. Land fund for relocation housing investment and
construction projects shall be identified in zoning planning or detail
construction planning at a scale of 1/500 and compliant with principles under
Article 49 hereof.
3. Determination of financial obligations regarding
land for relocation housing investment and construction projects shall conform
to land laws.
Article 51. Developers of relocation housing
investment and construction projects
1. Developers of relocation housing investment and
construction projects include Management boards of field-specific projects
affiliated to provincial People’s Committees, provincial land fund development
organizations, provincial housing authorities, People's Committees of
districts, or real estate trading enterprises. Except for cases under Clause 4
of this Article, decision on developers of relocation housing investment and
construction projects shall conform to Clause 2 and Clause 3 of this Article.
2. In respect of relocation housing investment and
construction projects that utilize public investment, provincial housing
authorities shall propose any of the entities in Clause 1 of this Article as
developers of housing investment and construction projects, except for real
estate trading enterprises and submit reports on developers of housing
investment and construction projects to provincial People’s Committees.
3. In respect of relocation housing investment and
construction projects that do not utilize funding sources in Clause 2 of this
Article, the entitlement to decide on developers of housing investment and
construction projects shall be:
a) decided by the Prime Minister or decided by the
Minister of Construction via authorization for relocation housing in projects
of national importance;
b) decided by provincial People’s Committees in
case relocation housing construction projects do not fall under Point a of this
Clause, except for Point c of this Clause;
c) If the law mandates bidding to select investors
as developers of housing investment and construction projects, such law shall
prevail.
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Article 52. Order placement, purchase of
residential real estates, allocation of social housing for relocation
1. In respect of order placement,
purchase of residential real estates for relocation, entities assigned to
arrange relocation shall sign property purchase agreements or sign order
contracts with developers of housing investment and construction projects to
accommodate relocating individuals as follows:
a) If entities assigned to arrange
relocation sign residential real estate purchase agreement with developers of
housing investment and construction projects, relocating individuals shall
directly sign purchase, lease purchase, rent agreements with entities assigned
to arrange relocation and receive house from these entities;
b) If entities assigned to arrange
relocation sign housing commissioning contracts with developers of housing
investment and construction projects, relocating individuals shall directly
sign property purchase agreement with developers of housing investment and
construction projects on the basis of terms and contents of the housing
commissioning contracts.
Provincial People’s Committees
shall verify the number of commissioned houses appropriate to relocation
demands in their provinces and cities. Relocating individuals are responsible
for receiving houses in accordance with residential real estate purchase
agreements;
c) Developers of housing
investment and construction projects are responsible for requesting competent
state authorities to issue certificate to relocating individuals who purchase,
lease-purchase houses under Points a and b of this Clause unless said
individuals voluntarily apply for the certificate.
2. In respect of assignment of
social housing for relocation, entities assigned to arrange relocation shall
introduce relocating individuals to local social housing fund to enable the
individuals to sign social housing lease, lease purchase, purchase agreements
in accordance with this Law.
3. The Government shall elaborate commissioning,
purchase of residential real estate, allocation of social housing as relocation
housing, procedures for property hand-over, management and use of relocation
housing.
Article 53. Requirements of relocation housing
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2. In case of housing investment
and construction in projects to facilitate relocation, requirements of housing
investment and construction projects under Article 33 hereof shall be complied
with. Developers of housing investment projects are not allowed to alter
design, area of houses and auxiliary structures (if any) serving relocation
after relocation solutions have been approved.
3. The handover of houses to
relocating individuals shall be implemented in accordance with Clauses 3 and 4
Article 37 of this Law.
4. The following organizations and
individuals are responsible for quality of relocation housing:
a) Developers of relocation housing
investment and construction projects;
b) Developers of housing
investment and construction projects for houses serving relocation;
c) Organizations and individuals
relevant to construction of relocation housing as per the law.
5. Provincial housing authorities
are responsible for guiding and inspecting relocation housing quality control
in their provinces and cities.
Section 5. PRIVATE HOUSING DEVELOPMENT
Article 54. Requirements of private housing
development
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2. House construction shall
connect to general technical infrastructures of the area, satisfy hygiene,
environmental, architectural, scenery requirements, not violate legitimate
rights and benefits of owners, holders of other rights of adjacent structures.
House construction and renovation shall incorporate preserving traditional
house structures, conform to traditions, customs, production conditions of each
area, region, zone, retain natural scenery, historical and cultural heritages. House
construction in projects shall conform to approved detail construction planning
of the projects.
3. Individuals shall only build
houses on residential land under their ownership, assigned by the Government,
including land assigned as a form of compensation, land use right transfer,
lease, borrow from other organizations and individuals.
4. Provincial People’s Committees
shall review, provide support from local government budget, in part or in
whole, in accordance with regulations on state budget to enable individuals to
preserve, maintain, and renovate houses in areas where artistic, cultural,
historical preservation is required.
Article 55. Means of private housing development
1. Individuals in rural areas
shall build houses in any of the means below:
a) Building or hiring other
organizations, individuals to build or receiving assistance from other
organizations and individuals in building houses;
b) Hiring entities, individuals
capable in construction to build houses if construction laws require capable
entities, individuals to carry out construction work;
c) Cooperating and assisting each
other in building houses.
2. Individuals in urban areas
shall build houses in accordance with Point a and Point b Clause 1 of this
Article and:
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b) Cooperating and assisting one
another in building houses by contributing land use right, capital, workforce,
materials, and effort of members in cooperatives.
Members in cooperatives shall
negotiate means of contributing land use right, capital, workforce, materials,
efforts, time, rights and obligations of members, and commitment of the
cooperatives.
Article 56. Responsibilities of individuals in
housing development
1. Comply with construction laws
in housing construction and renovation.
2. Comply with environmental
protection laws in housing construction and renovation.
3. Ensure safety for humans and
property of owners, occupants of adjacent structures during housing
construction and renovation; damage shall be compensated for as per the law.
4. Individuals investing in
construction of multi-storey, multi-unit apartment buildings for sale, lease purchase,
leaser shall conform to Article 57 hereof.
5. Exercise other responsibilities in housing
development as per the law.
Article 57. Private multi-storey, multi-unit
apartment building development for sale, lease purchase, and lease
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a) Houses of at least 2 storeys where each storey
accommodates dwelling units designed, built for sale, lease purchase, or a
combination of sale, lease purchase, lease;
b) Houses of at least 2 storeys and at least 20
dwelling units for lease.
2. Dwelling units mentioned under Clause 1 of this
Article shall be issued with certificate according to land laws, sold,
lease-purchased, leased in accordance with this Law and real estate trading
laws.
3. Holders of residential land use right in
accordance with Clause 3 Article 54 hereof shall, when building houses of at
least 2 storeys and less than 20 dwelling units where each storey accommodates
dwelling units designed and built for lease, conform to regulations below:
a) Satisfy construction requirements of private
multi-storey multi-unit houses according to regulations of the Minister of
Construction;
b) Satisfy fire prevention and fire fighting in
accordance with regulations on fire safety applicable to private multi-storey
multi-units houses;
c) Satisfy requirements regarding
roads for fire fighting facilities set forth by provincial People’s Committees
in respect of private multi-storey and multi-unit houses.
4. If private multi-storey and multi-unit houses
under Clause 3 of this Article accommodate dwelling units for sale and/or lease
purchase, requirements under Clause 1 of this Article shall be met.
5. Management and operation of houses under Clause
1 and Clause 3 of this Article shall conform to Regulations on management and
use of apartment buildings stipulated by the Minister of Construction
(hereinafter referred to as “Regulations on management and use of apartment
buildings”).
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7. The Government shall elaborate this Article.
Chapter V
RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS
Section 1. GENERAL PROVISIONS
Article 58. Lifespan of apartment buildings
1. Lifespan of apartment buildings shall be
determined by design dossiers and actual useful life of apartment buildings
according to conclusion of competent authority. Lifespan of apartment buildings
according to design dossiers shall be specified in written appraisal of
competent authorities in accordance with construction laws.
2. Lifespan of apartment buildings shall start from
the date on which apartment buildings are commissioned for use in accordance
with construction laws.
3. If lifespan of apartment buildings according to
design dossiers under Clause 1 of this Article expires or the apartment
buildings in question are damaged, prone to collapse, or do not guarantee
safety for owners and occupants of apartment buildings before expiry of
lifespan, provincial People's Committees shall coordinate inspection and
quality assessment of apartment buildings in accordance with Article 61 hereof.
4. Declaration of apartment building lifespan
expiry shall conform to this Law and construction laws.
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1. Apartment buildings subject to mandatory
demolition under Clause 2 of this Article include:
a) Apartment buildings which have lifespan expired
in accordance with Article 58 hereof and are subject to mandatory demolition;
b) Apartment buildings which have lifespan not
expired in accordance with Article 58 hereof but are subject to mandatory
demolition.
2. An apartment building shall be subject to
mandatory demolition if:
a) The apartment building is damaged by fire and no
longer satisfies safety requirements for further use;
b) The apartment building is damaged by natural
disasters or foreign threats and no longer satisfies safety requirements for
further use;
c) The apartment building have primary load-bearing
elements which have shown general dangerous states, are prone to collapse, do
not qualify for further use, or warrant immediate evacuation of owners and
users of apartment buildings;
d) The apartment building is severely damaged,
experiencing localized dangerous states of primary load-bearing elements,
having technical infrastructures for fire safety, water supply, water drainage,
electricity supply, local traffic not satisfactory to applicable technical
standards and regulations, or potentially suffers from loss of safety during
operation and use, requires demolition for safety of owners and users of
apartment buildings and compliance with urban renovation and improvement
requirements;
dd) The apartment building has any of the following
primary structural elements: foundation, pillars, walls, girders, beams
damaged, does not qualify for regular use, is not subject to mandatory
demolition in accordance with Points c and d of this Clause, is located in
areas where the apartment building must match apartment buildings subject to
mandatory demolition under this Clause according to approved construction
planning.
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1. Apartment buildings with under multiple owners
and apartment buildings under public ownership shall, when subject to mandatory
demolition in accordance with Clause 2 Article 59 hereof and reconstructed in
accordance with approved planning, comply with this Article.
Renovation and reconstruction of apartment
buildings under single owners and not under public ownership shall conform to
construction laws.
2. Renovation and reconstruction of apartment
buildings shall be implemented in projects, together with urban area renovation
and improvement, providing connection to technical infrastructures, social
infrastructures, compliant with construction planning, land use planning, land
use plan, provincial housing development program, and approved plans for
apartment building renovation and reconstruction.
In respect of apartment building demotion under
Points a and b Clause 2 Article 59 hereof is not included in approved plans for
apartment building renovation and reconstruction, provincial People’s
Committees shall allocate temporary accommodation and relocate owners and users
of the apartment buildings. Following relocation, provincial People’s
Committees shall include the demolition in local plans for apartment building
renovation and construction.
3. Renovation and reconstruction of apartment
buildings shall conform to this Law, construction laws, investment laws, public
investment laws, and other relevant law provisions.
4. If reconstruction of apartment buildings is
stipulated by approved planning, owners are allowed to relocate on-site unless
otherwise decided. If reconstruction is not stipulated by approved planning,
owners of apartment buildings shall receive compensation in form of money or
relocation in other areas in the same communes, wards, districts (hereinafter
referred to as “communes”), if relocation housing is not available in communes,
relocation shall be accommodated in districts and if relocation housing is also
not available in districts, relocation housing shall be facilitated in adjacent
administrative divisions unless owners purchase or lease-purchase social
housing.
In respect of apartment buildings under public
ownership where current tenants do not wish to rent after reconstruction of
apartment buildings, owners of said apartment buildings have the right to
choose form of compensation under Clause 7 Article 70 hereof.
5. Relocating individuals shall have ownership over
relocation housing following renovation and reconstruction according to
solutions for compensation, assistance, relocation, and temporary accommodation
(hereinafter referred to as “compensation and relocation solutions”) in
accordance with Article 71 hereof.
6. In case of
renovation and reconstruction of apartment complex under Clause 2 Article 59
hereof, provincial People's Committees shall decide to execute one or multiple
projects as long as connection to technical infrastructures, social
infrastructures and compliance with approved detail construction planning of
the apartment complex.
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8. Developers of apartment building renovation,
reconstruction investment projects may separate into investment phases for the
purpose of project execution as long as they demolish and reconstruct apartment
buildings under Points a, b, and c Clause 2 Article 59 hereof first and
demolish and reconstruct remaining apartment buildings later.
The scope of
apartment building renovation, reconstruction investment projects shall be
determined in detail planning or decision, approval of project investment
guidelines approved by competent authority.
9. Decision, approval, and revision of investment
guidelines of apartment building renovation, reconstruction investment projects
shall conform to Articles 67 and 69 hereof.
10. Land expropriation, land allocation, land
lease, land repurposing (if any) for the purpose of executing apartment
building renovation, reconstruction investment projects shall conform to land
laws unless owners negotiate and transfer land use right to developers of
apartment building renovation, reconstruction investment projects in accordance
with Clause 11 of this Article.
11. Negotiation for land use right transfer for the
purpose of executing apartment building renovation, reconstruction investment
project shall be implemented if conditions below are met:
a) The projects do not fall under cases depicted in
Clause 1 and Clause 3 Article 68 hereof;
b) The projects only cover land under joint
ownership of apartment building owners;
c) Negotiation on land use right transfer for
project execution serve on-site relocation according to compensation and
relocation solutions agreed upon by owners of apartment buildings and
developers of apartment building renovation, reconstruction investment
projects.
The transfer of land use right under this Point
shall be exempt from all tax obligations.
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a) inspect and
assess quality of apartment buildings under public ownership; inspect and
evaluate quality of other apartment buildings unless such apartment buildings
are under single owners and not under public ownership;
b) produce,
appraise, and approve planning for apartment building renovation and reconstruction;
c) organize
development and approve plan for apartment building renovation and
reconstruction;
d) execute apartment
building renovation, reconstruction investment projects utilizing local
government budget.
13. Allocation of
temporary accommodation for apartment building owners shall conform to Article
72 hereof.
14. The Government
shall elaborate Clause 11 of this Article.
Article 61. Quality inspection and assessment of
apartment buildings
1. Provincial People’s Committees shall direct
provincial housing authorities to take charge, cooperate with local authorities
and district People’s Committees where apartment buildings are located to
inspect and assess quality of apartment buildings in their provinces and
cities. In respect of apartment complex, conduct quality inspection and
assessment of the entire complex prior to including the apartment complex in
plans for apartment building renovation and reconstruction.
Owners of apartment buildings are responsible for
cooperating with agencies under this Clause and inspecting bodies in quality
inspection and assessment of apartment buildings in accordance with this Law
and construction laws.
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3. Upon receiving inspection reports, provincial
housing authorities shall review and promulgate conclusion on apartment
building quality inspection. Inspection conclusion shall specify details of
inspection in accordance with inspection laws and identify whether apartment
buildings are subject to mandatory demolition or not in accordance with Clause
2 Article 59 hereof; if apartment buildings are not subject to mandatory
demolition, the inspection conclusion shall state duration of further use until
the date on which the apartment buildings are subject to mandatory demolition.
4. Inspection conclusion shall be publicly uploaded
on website of provincial housing authorities.
1. Real estate trading enterprises shall invest or
contribute capital together with owners of apartment buildings under Clause 2
Article 59 hereof in order to demolish, reconstruct apartment buildings, except
for cases under Clause 2 and Clause 3 of this Article.
2. Provincial People’s Councils shall decide on the
use of funding from local government budget in accordance with public
investment laws to execute apartment building renovation, reconstruction
investment projects in their provinces and cities that do not fall under Clause
3 of this Article in the following circumstances:
a) The entirety of apartment buildings are under
public ownership;
b) Apartment buildings are subject to mandatory demolition
in accordance with Point b Clause 2 Article 59 hereof unless the apartment
buildings are under single owners and are not under public ownership.
3. In respect of public housing where central
authorities act as ownership representatives, renovation and reconstruction of
said apartment buildings shall conform to public investment laws.
1. Developers of apartment building renovation,
reconstruction investment projects under Clause 1 Article 62 hereof shall
benefit from incentive regulations below:
a) They shall be
exempt from land levy and land rents in respect of land where land levy and
rents are required in apartment building renovation, reconstruction investment
projects, including: land area of existing apartment buildings, existing
single-family houses (if any), land area of service, mercantile, public
structures, land area for technical, traffic, social infrastructures and other
structures, including land area where public property under apartment building
renovation, reconstruction investment projects is located.
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b) Use remaining
housing area for trade after facilitating relocation and service, mercantile in
project area. Developers of apartment building renovation, reconstruction
investment projects are not required to pay land levy and land rent when
selling dwelling units in renovated and reconstructed apartment buildings on
land of existing apartment buildings after relocation has been facilitated.
In respect of land
area for business activities outside of the land area where land levy and land
rents are exempt in accordance with this Point and Point a of this Clause,
developers of apartment building renovation, reconstruction investment projects
shall fulfil financial obligations in accordance with land laws;
c) Obtain loan as per the law from Land development
fund, other non-state budget financial funds; advance expenditure from
compensation, assistance, relocation payments for the purpose of premise
clearance; collect purchase, lease purchase payments of off-plan housing and
area of service, mercantile structure in project area for the purpose of
project execution;
d) Receive financial assistance from local
government budget to build technical infrastructures and social infrastructures
in project area according to decisions of provincial People’s Council;
dd) Receive tax, credit incentives, and other
incentives as per the law.
2. Developers of apartment building renovation,
reconstruction investment projects under Clause 2 and Clause 3 Article 62
hereof shall benefit from incentives specified in Points a and dd Clause 1 of
this Article.
3. The Government shall elaborate Point a and Point
b Clause 1 of this Article.
1. Competent state authorities are responsible for
producing, appraising, approving, revising detail planning of apartment
building renovation, reconstruction investment projects and publicize this
planning in accordance with urban planning laws and construction laws.
2. Detail planning of apartment building
renovation, reconstruction investment projects shall include indicators
regarding the use of construction planning land, population scale or identify
land area available to be repurposed for construction of service, mercantile,
office structure, other social infrastructures in order to ensure
socio-economic and environmental effectiveness and encourage investors to
participate in projects.
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In respect of an apartment building which is
subject to mandatory demolition, not reconstructed according to approved
planning, and not subject to unified solutions according to this Clause,
provincial People’s Committees shall allocate funding from local government
budget in accordance with state budget procedures in order to relocate,
compensate, assist owners, users of this apartment building and organize
auctions for plots where the apartment building to be demolished is located in
order to facilitate construction according to approved planning, unless
otherwise stipulated by the Land Law.
4. The production, appraisal, and approval of
detail planning of apartment building renovation, reconstruction investment
projects are implemented simultaneously, as the case may be, as quality inspection
and assessment of apartment buildings.
1. Provincial People’s Committees may develop and
approve apartment building renovation and reconstruction plans together with provincial
housing development plan or separately to use as the basis for apartment
building renovation, reconstruction investment projects.
2. Provincial housing authorities shall, directly
or by hiring consultancy units in accordance with bidding laws, develop
apartment building renovation, reconstruction laws and report to provincial
People’s Committees for approval.
3. Approval of apartment building
renovation, reconstruction plans shall only be implemented when apartment
building quality inspection and assessment conclusions produced by provincial
housing authorities are available in accordance with this Law.
4. If there are apartment
buildings subject to mandatory demolition or provincial housing development
programs revise details relating to approved apartment building renovation and
reconstruction plans after apartment building renovation and reconstruction
plans have been approved, provincial People’s Committees shall revise the plans
accordingly.
5. Approved apartment building renovation and reconstruction
plans, including revised plans, shall be publicly uploaded on websites of
provincial People’s Committees and district People’s Committees where the
apartment buildings to be renovated, reconstructed are located; sent to
commune-level People’s Committees where apartment buildings to be renovated,
reconstructed are located in order to notify apartment building owners and
users and sent to Ministry of Construction.
Apartment building renovation and reconstruction
plans consist primarily of:
1. Lists, location of apartment buildings and
apartment complex to be renovated and reconstructed, including date of
demolition of each type of apartment building under Clause 2 Article 56 hereof.
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2. Expected funding sources for relocation and
reconstruction of apartment buildings, apartment complex in the area;
3. Responsibilities of authorities and People’s
Committees of all levels in implementation of plans for apartment building
renovation and reconstruction.
1. In respect of apartment buildings under Clause 2
and Clause 3 Article 62 hereof, decision and approval of investment guidelines
shall conform to public investment laws.
2. In respect of apartment buildings not mentioned
under Clause 1 of this Article, once owners of apartment buildings have
selected investors for project execution via Apartment building meetings,
selected investors are responsible for submitting documents and implementing
procedures for approval of investment guidelines and approval of investors in
accordance with Clause 1 and Clause 4 Article 69 hereof without implementing in
accordance with the Law on Investment, unless the Prime Minister is entitled to
decide on investment guidelines and approve investors at which point Clause 3
Article 69 hereof shall take effect.
3. In respect of cases under Clause 3 Article 68
hereof, provincial housing authorities shall prepare documents and request
provincial People’s Committees to approve investment guidelines in accordance
with Clause 2 and Clause 5 Article 69 hereof unless the projects fall under
entitlement to investment guideline approval of Prime Minister at which point
Clause 3 Article 69 of this Law shall take effect.
4. In respect of apartment building renovation,
reconstruction investment projects under Clause 2 and Clause 3 of this Article,
it said projects are subject to revision to investment guidelines in accordance
with the Law on Investment, competent authority entitled to approve investment
guidelines shall be entitled to revise investment guidelines; procedures for
revision to investment guidelines shall conform to Article 69 hereof.
1. Decision on developers of apartment building
renovation, reconstruction investment projects in respect of apartment
buildings under Clause 2 and Clause 3 Article 62 hereof shall conform to public
investment laws and construction laws.
2. In respect of apartment buildings not mentioned
under Clause 1 of this Article, selection of developers for apartment building
renovation, reconstruction investment projects shall conform to Clause 2
Article 67 hereof.
3. If selection of investors for projects for cases
under Clause 2 of this Article cannot be implemented within the time limit
stipulated by the Government, once the investment guidelines are approved in
accordance with Clause 3 Article 67 hereof, provincial housing authorities
shall organize bidding for selection of investors for apartment building
renovation, reconstruction investment projects in accordance with regulations
below:
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b) If at least 2 investors are interested,
selection of developers of apartment building renovation, reconstruction
investment projects shall be done via bidding in accordance with bidding laws.
4. Developers of apartment building renovation,
reconstruction apartment buildings under Clause 2 and Clause 3 of this Article
have rights specified under Clauses 1, 2, 3,5, 6, 7, and 8 Article 38 hereof
and benefit from incentive regulations under Article 63 hereof.
5. Developers of apartment building renovation,
reconstruction apartment buildings under Clause 2 and Clause 3 of this Article
have obligations specified under Clauses 1, 3, 5, 6, 8, 9, 10, 11, and 13
Article 39 hereof and obligation to:
a) ensure financial capability for project
execution as per the law;
b) fully implement commitments in
project product trading contracts; ensure structure quality in accordance with
construction laws; hand over houses together with related documents to
customers, implement house sale, lease purchase, lease transactions in
accordance with this Law, real estate trading laws, and other relevant law
provisions;
c) demolish apartment buildings in accordance with
Article 75 hereof;
d) arrange temporary accommodations, compensation,
assistance, and relocation for owners, users of apartment buildings subject to
demolition according to approved compensation and relocation solutions in
accordance with this Law.
6. The Government shall elaborate this Article.
1. Request for approval of investment guidelines
and approval of investors as developers of apartment building renovation,
reconstruction investment projects consists of:
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b) Proposed investment projects including the
following basic information: investors, investment goal, investment scale,
investment, capital mobilization solutions, location, time, schedule, proposed
land demand, preliminary environmental impact assessment in accordance with
environmental protection laws (if any), information on certificate of apartment
building owners, proposed investment incentives, record of consultation
regarding investor selection;
c) Compensation and relocation solutions agreed
upon by apartment building owners and investors;
d) Written agreement on land use right transfer
from apartment building owners to investors for cases under Clause 11 Article
60 hereof;
dd) Documents on legal status of investors,
documentary proof of financial capability of investors;
e) Other relevant documents (if any).
2. Request for approval of investment guidelines
submitted by provincial housing authorities consists of:
a) Written request for approval of project
investment guidelines;
b) Proposed investment projects including the
following basic information: investment goal, investment scale, investment,
location, time, schedule; land use information at project sites, proposed land
demand, preliminary environmental impact assessment in accordance with
environmental protection laws (if any); form of selecting investors for
apartment building renovation, reconstruction investment projects; inventive
regulations and policies;
c) Other relevant documents (if any).
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4. Approval of investment guidelines and investors
granted by provincial People’s Committees shall be implemented as follows:
a) Investors selected by apartment building owners
in accordance with Clause 2 Article 67 hereof shall submit documents under
Clause 1 of this Article to provincial housing authorities;
b) Within 3 working days from the date on which
adequate documents are received, provincial housing authorities are responsible
for requesting assessment and feedback of relevant state authorities regarding
contents of the projects;
c) Within 15 days from the date on which request
for assessment is received, requested authorities shall remark upon contents
under the scope of state management and send to provincial housing authorities.
Within 25 days from the date on which adequate documents under Clause 1 of this
Article are received, provincial housing authorities shall produce and submit
assessment reports to provincial People’s Committees;
d) Within 7 working days from the date on which
adequate documents and assessment reports are received, provincial People’s
Committees shall review, decide on approval of compensation and relocation
solutions, grant approval for investment guidelines and investors as developers
of apartment building renovation, reconstruction investment projects; in case
of rejection, provincial People’s Committees shall specify the reasons in
writing.
5. Approval granted by provincial People’s
Committees for investment guidelines in respect of projects under Clause 3
Article 67 shall conform to procedures below:
a) Provincial housing authorities are responsible
for producing documents under Clause 2 of this Article and requesting
assessment from relevant authorities pertaining to project contents;
b) Within 15 days from the date on which request
for assessment is received, requested authorities shall remark upon contents
under the scope of state management and send to provincial housing authorities.
Within 25 days from the date on which adequate documents under Clause 2 of this
Article are received, provincial housing authorities shall produce and submit
assessment reports to provincial People’s Committees;
c) Within 7 working days from the date on which
adequate documents and assessment reports are received, provincial People's
Committees shall review and approve investment guidelines; in case of
rejection, provincial People's Committees shall specify the reasons in writing.
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1. Production and approval of compensation and
relocation solutions for the purpose of executing apartment building
renovation, reconstruction investment projects shall only be implemented after
approved detail planning is available.
2. In case of
execution of projects under Clause 1 Article 68 hereof, compensation and
relocation solutions shall conform to public investment laws; in respect of
projects under Clause 3 Article 68 hereof, provincial People’s Committees shall
assign responsible organizations to produce and submit compensation and
relocation solutions to provincial People’s Committees for approval.
3. If selection of
developers for apartment building renovation, reconstruction investment
projects does not fall under Clause 2 of this Article, real estate trading
enterprises registering as developers of apartment building renovation,
reconstruction investment projects shall produce compensation and relocation
solutions to enable apartment building owners to choose.
4. Compensation,
assistance, relocation, and arrangement of temporary accommodation shall be
public, transparent, objective, and compliant with approved compensation and
relocation solutions. Area of dwelling units serving relocation shall
not be lower than area of dwelling units according to national technical
regulations on apartment buildings. Expenditure
on compensation, assistance, relocation, and arrangement of temporary
accommodations shall be defined in total project investment.
5. In respect of
public housing subject to renovation and reconstruction, current tenants shall
be eligible for rent as soon as the reconstruction completes unless they no
longer wish to rent. In case of apartment buildings under mixed ownership of
public housing owners and other owners, ownership representatives of public
housing may reach agreement with developers of apartment building renovation,
reconstruction investment projects regarding whether compensation is done in
form of money or accommodations.
6. Allocation of
relocation housing shall be done via contracts for sale, lease purchase, rent
of relocation housing in accordance with this Law.
7. Form of
compensation for owners of apartment buildings shall be specified under compensation
and relocation solutions as follows:
a) In respect of apartment buildings under Clause
10 Article 2 hereof, apartment building owners may choose compensation in form
of relocation housing or money equivalent to value of relocation housing;
b) In respect of apartment buildings not mentioned
under Clause 10 Article 2 hereof where owners do not contribute funding for
apartment building renovation and reconstruction, the owners shall be eligible
for compensation equivalent to value of land use right based on percentage of
land use right ownership determined in accordance with land laws applicable at
the time of producing the compensation and relocation solutions and transfer
land use right to developers of apartment building renovation, reconstruction investment
projects; in respect of apartment buildings under Point dd Clause 2 Article 59
hereof, apartment building owners shall be eligible for compensation equivalent
to land use right and remaining value of dwelling units according to
regulations of the Government.
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Compensation
and relocation solutions primarily consist of:
a) Name of developers if developers of apartment
building renovation, reconstruction investment projects have been selected;
b) Name and address of owners,
users of apartment buildings;
c) Location and area of apartment buildings subject
to renovation and reconstruction; location and area of relocation housing;
d) Form of relocation housing arrangement including
relocation housing at the site or elsewhere or purchased, lease-purchased
social housing in the area or monetary payment in accordance with this Law;
dd) K coefficient of dwelling unit
area in respect of apartment buildings under Clause 10 Article 2 hereof; land
value for compensation calculation following reconstruction investment (if
any);
e) Value of dwelling units shall
be determined after converting area based on K coefficient under Point dd of
this Clause; contribution for dwelling unit construction according to project
schedule or lump-sum payment after handing over dwelling units not specified
under Clause 10 Article 2 hereof; value of relocation housing in case of
relocation elsewhere;
g) Agreement on land use right
transfer for execution of apartment building renovation, reconstruction
investment projects for cases under Clause 11 Article 60 hereof;
h) Solutions for remaining
dwelling units after relocation has been implemented;
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k) Project schedule; time limit
for compensation, assistance, relocation, and arrangement of temporary
accommodation; time limit for handing over relocation housing in accordance
with Point d of this Clause;
l) Financial assistance for relocation, temporary
rent, and other relevant expenditure (if any);
m) Maintenance expenditure following apartment
building reconstruction shall conform to this Law;
m) Compensation and relocation for area other than
apartment dwelling units (if any).
2. Provincial People’s Committees
shall approve compensation and relocation solutions within their competence and
examine, urge developers of apartment building renovation, reconstruction
investment projects to adhere to approved compensation and relocation
solutions.
1. In respect of existing house
ownership, arrangement of relocation housing shall conform to regulations
below:
a) If approved planning dictates apartment building
reconstruction, apartment building owners shall be subject to on-site
relocation according approved compensation and relocation solutions.
In respect of apartment buildings under Clause 10
Article 2 hereof, apartment building owners shall receive compensation based on
K coefficient under Point dd Clause 1 Article 71 hereof.
In respect of apartment buildings not mentioned
under Clause 10 Article 2 hereof, apartment building owners shall make economic
contributions to apartment building reconstruction, except for apartment
buildings under Clause 2 and Clause 3 Article 62 hereof. Economic contributions
to apartment building reconstruction shall be made depending on project
schedule or in form of a lump-sum payment after handing over dwelling units and
defined under compensation and relocation solutions;
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2. In case of rental
accommodation, relocation arrangement shall be implemented in accordance with
lease agreements; in case of public housing rental, rental arrangement shall be
implemented as soon as apartment building renovation and reconstruction
complete, unless otherwise agreed upon by tenants and ownership representatives
of public housing.
3. Temporary accommodation
arrangement for apartment building owners shall only be implemented if
apartment building owners request relocation in form of accommodations.
4. Temporary
accommodation shall satisfy infrastructure requirements and conditions for
daily activities of owners. In case of existing public housing rent,
provincial People’s Committees where apartment building renovation,
reconstruction investment projects take place are responsible for arranging temporary
accommodation or reimbursing rent for tenants during project execution.
For cases under Point b Clause 2
Article 59 hereof, provincial People’s Committees are responsible for arranging
temporary accommodation during project execution.
For cases under Point a and Point
c Clause 2 Article 59 hereof, provincial People’s Committees are responsible
for arranging temporary accommodation until developers of apartment building
renovation, reconstruction investment projects are selected. Once project developers
have been selected, developers are responsible for arranging temporary
accommodation during project execution.
For cases under Point d and Point
dd Clause 2 Article 59 hereof, developers of apartment building renovation,
reconstruction investment projects are responsible for arranging temporary
accommodation during project execution.
5. In addition to relocation
arrangement under Clause 1 or Clause 2 of this Article, depending on local
conditions, relocating individuals may be eligible for financial assistance
provided by provincial People’s Committees from local government budget in
accordance with state budget procedures.
6. The Government shall elaborate production,
approval of plans for apartment building renovation and reconstruction, investment
in project construction; relocation and enforced relocation of owners, users of
apartment buildings; compensation, assistance, relocation, temporary
accommodation arrangement; funding contribution of owners for apartment
building reconstruction investment.
1. In respect of apartment buildings subject to
mandatory demolition under Point a and Point b Clause 2 Article 59 hereof,
provincial People's Committees shall issue decision on emergency relocation and
organize relocation of owners, users of apartment buildings to temporary
accommodation.
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3. Decision on relocation primarily consists of:
a) Name and address of owners,
users of apartment buildings to be relocated;
b) Deadline for relocation;
c) Location of temporary accommodation;
d) Relocation methods;
dd) Relocation expenditure including expenditure on
relocating people, property; rent support for temporary accommodation and other
relevant costs (if any);
e) Responsibilities of relevant agencies,
organizations, and individuals in implementation of relocation decisions.
4. Provincial People’s Committees shall send
relocation decisions to owners, users of apartment buildings subject to
relocation and publicly upload these decisions on website of provincial
People’s Committees, district People’s Committees, provincial housing
authorities where apartment buildings in question are located, and local mass
media.
5. Owners, users of apartment buildings and
relevant organizations, individuals are responsible for relocating in
accordance with decisions of provincial People’s Committees.
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a) incurred by local government budget for cases
under Clause 1 of this Article;
b) determined in total project investment and
incurred by developers of apartment building renovation, reconstruction
investment projects for cases under Clause 2 of this Article; developers of
apartment building renovation, reconstruction investment projects are
responsible for returning expenditure on relocation to state authorities if
state authorities have relocated people out of apartment buildings subject to
mandatory demolition prior to selecting developers of apartment building
renovation, reconstruction investment projects.
Depending on local conditions, provincial People’s
Committees shall decide on financing expenditure on relocation from local
government budget in accordance with state budget laws.
1. If owners and users of apartment buildings fail
to implement relocation before the deadline stipulated under relocation
decisions of provincial People’s Committees, provincial People’s Committees
shall issue decision on enforced relocation.
2. Decision on enforced relocation primarily
consists of:
a) Name and address of owners, users of apartment
buildings subject to enforced relocation;
b) Time limit for enforced relocation;
c) Location of temporary accommodation;
d) Methods for enforcing relocation;
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e) Responsibilities of relevant agencies,
organizations, and individuals in implementation of enforced relocation.
3. District People’s Committees where apartment
buildings are located are responsible for organizing enforced relocation in
accordance with decisions of provincial People's Committees.
4. Expenditure on enforced relocation shall be:
a) incurred by local government budget for cases
under Clause 1 Article 73 hereof;
b) determined in total project investment and
incurred by developers of apartment building renovation, reconstruction
investment projects for cases under Clause 2 Article 73 hereof; developers of
apartment building renovation, reconstruction investment projects are
responsible for returning expenditure on enforced relocation to state
authorities if state authorities have implemented enforced relocation of people
out of apartment buildings subject to mandatory demolition prior to selecting
developers of apartment building renovation, reconstruction investment
projects.
Depending on local conditions, provincial People’s
Committees shall decide on financing expenditure on enforced relocation from
local government budget in accordance with state budget laws.
After relocating owners and users of apartment
buildings, developers of apartment building renovation, reconstruction
investment projects are responsible for organizing demolition of apartment
buildings as follows:
a) Developers of apartment building renovation,
reconstruction investment projects shall carry out demolition if they are
adequately capable in accordance with construction laws or hire organizations
capable in construction operations to carry out demolition;
b) Prior to demolishing, developers of apartment
building renovation, reconstruction investment projects shall produce and
submit demolition solutions to provincial housing authority for assessment and
approval. Within 30 days from the date on which demolition solutions proposed
by developers of apartment building renovation, reconstruction investment
projects are received, provincial housing authorities are responsible for
appraising and approving demolition solutions in accordance with construction
laws;
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In case of emergency demolition of apartment
buildings to ensure safety of nearby constructions, provincial housing
authorities are responsible for producing demolition solutions and reporting to
provincial People’s Committees.
3. Expenditure on apartment building demolition
shall be determined in total project investment. Developers of apartment
building renovation, reconstruction investment projects are responsible for
reimbursing state authorities conducting emergency demolition for expenditure
on emergency demolition under Clause 2 of this Article.
4. Apartment building demolition procedures shall
conform to construction laws.
1. Individuals serving the revolution, relatives of
martyrs eligible for housing improvement in accordance with Ordinance for
benefits for individuals serving the Revolution.
2. Poor and near-poor households in rural areas.
3. Poor and near-poor households in rural areas in
areas regularly prone to natural disasters, climate change.
4. Poor and near-poor households in urban areas.
5. People with low income in urban areas.
6. Workers and employees working in enterprises,
cooperatives, joint cooperatives inside and outside of industrial parks.
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8. Officials, public officials,
and public employees according to regulations on officials, public officials,
and public employees.
9. Entities returning official housing in
accordance with Clause 4 Article 125 hereof, unless official housing is
repossessed as a result of violation in accordance with this Law.
10. Households and individuals that are subject to
land expropriation and housing clearance, demolition in accordance with the law
and have not been compensated by the Government in form of houses and/or
homestead land.
11. Students, learners in universities, academies,
higher education institutions, colleges, vocational education and training
facilities, specialized education institutions as per the law; students of
public ethnic boarding schools.
12. Enterprises, cooperatives, and joint
cooperatives in industrial parks.
1. Provide support in selling, lease-purchasing,
leasing social housing to entities under Clauses 1, 4, 5, 6, 8, 9, and 10
Article 76 hereof; entities under Clause 7 Article 76 hereof who have not
benefited from housing support policies intended for people’s armed forces.
Depending on local conditions, provincial People’s
Committees may stipulate support for selling, lease-purchasing, leasing social
housing to entities under Clause 2 and Clause 3 Article 76 hereof.
2. Provide support in accordance with national
target programs or public investment program regarding housing to enable
entities under Clauses 1, 2, and 3 Article 76 hereof to build or renovate,
repair houses.
3. Provide support in gifting housing to entities
under Clauses 1, 2, and 3 Article 76 hereof; exempting, reducing land levy for
housing construction in accordance with this Clause and land laws.
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5. Provide support in applying for concessional
loan from the Government via Bank for Social Policy, credit institutions
designated by the Government to enable entities under Clauses 1, 2, 3, 4, 5, 6,
7, and 8 Article 76 hereof to purchase, lease-purchase, lease social housing or
build or renovate, repair houses; enable entities under Clause 7 Article 76
hereof to apply for concessional loan to purchase, lease-purchase housing for people’s
armed houses.
The Government shall elaborate this Clause.
6. Entities under Clause 11 Article 76 hereof may
rent social housing during period of studying.
7. Entities under Clause 12 Article 76 hereof may
rent worker housing in industrial parks to lease to and accommodate workers of
enterprises, cooperatives, joint cooperatives in the industrial parks in
accordance with Section 3 of this Chapter.
8. Employees working in enterprises, cooperatives,
joint cooperatives in industrial parks shall rent worker housing in industrial
parks in accordance with Section 3 of this Chapter.
1. Entities under Clauses 1, 4, 5, 6, 7, 8, 9, and
10 Article 76 hereof shall, upon satisfying eligibility below, be able to
purchase, lease-purchase social housing:
a) Regarding housing: in order to be able to
purchase, lease-purchase social housing, entities under Clauses 1, 4, 5, 6, 7,
8, 9, and 10 Article 76 hereof must not have owned houses in provinces and central-affiliated
cities where social housing investment and construction projects take place,
have not purchased or lease-purchased social housing, have not benefited from
housing support policies in any shape or form in provinces and
central-affiliated cities where social housing investment and construction
projects take place, or have owned houses in provinces and central-affiliated
cities where social housing investment and construction projects take place
where average housing area per capita is lower than the minimum housing area;
or must have not in case of entities under Points b, c, d, dd, e, and g Clause
1 Article 45 hereof. The Government shall elaborate this Point;
b) Regarding income: in order to purchase and
lease-purchase social housing, entities under Clauses 5, 6, 7, and 8 Article 76
hereof must satisfy income requirements in accordance with regulations of the
Government; entities under Clause 4 Article 76 hereof shall fall under poor or
near-poor household category according to regulations of the Government.
2. Entities under Clauses 1, 4, 5, 6, 7, 8, 9, 10,
and 11 Article 76 hereof are not required to meet housing and income
requirements under Clause 1 of this Article when renting social housing.
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a) In order to apply for loan to purchase and
lease-purchase social housing, entities under Clauses 1, 2, 3, 4, 5, 6, 7 and 8
Article 76 hereof must sign contracts for purchase and lease purchase of social
housing and satisfy loan requirements in accordance with credit institution
laws;
b) In order to apply for loan to purchase and
lease-purchase housing for people’s armed forces, entities under Clause 7 Article
76 hereof shall sign contracts for purchase and lease purchase of housing for
people's armed forces and satisfy loan requirements in accordance with credit
institution laws.
4. In order to receive support under Clause 2
Article 77 hereof, entities under Clauses 1, 2, and 3 Article 76 hereof shall
satisfy eligibility under decision approving national target programs or public
investment program regarding respective housing types of competent authorities.
5. In order to rent worker housing in industrial
parks, entities under Clause 6 Article 76 hereof shall satisfy requirements
under Clause 2 Article 93 hereof.
6. In order to purchase and lease-purchase housing
for people’s armed forces, entities under Clause 7 Article 76 hereof must meet
requirements under Point a Clause 1 of this Article and income requirements of
the Government. In case of renting housing for people’s armed forces, housing
and income requirements are not required.
7. In order to rent and sublet worker housing in
industrial complex to employees in enterprises, cooperatives, joint
cooperatives, entities under Clause 12 Article 76 hereof must meet requirements
under Clause 1 Article 93 hereof.
8. In order to purchase and rent social housing in
accordance with Clause 1 Article 77 hereof, entities under Clause 2 and Clause
3 Article 76 must: meet housing requirements under Point a Clause 1 of this
Article, have not benefited from housing support policies in accordance with
Clause 3 Article 77 hereof, fall under poor and near-poor household category
according to regulations of the Government.
In case of renting social housing, housing and
income requirements under this Clause are not required.
9. The Minister of Construction shall promulgate
forms of documents proving eligibility under Clauses 1, 2, 3, 4, 5, 6, 8, 9,
10, and 11 Article 76 hereof; promulgate forms of documents proving eligibility
for social housing support policies.
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1. Implementation of social housing support
policies shall following principles below:
a) The Government develops housing development
policies and allows everyone to afford accommodation;
b) Implement cooperation between the Government,
enterprises, local community, relatives, and support beneficiaries in policy
implementation;
c) Ensure openness, transparency, close examination
and supervision of competent authorities, local community, and the Vietnamese
Fatherland Front;
d) Ensure the right eligible entities and
eligibility in accordance with this Law;
dd) If an entity is eligible for multiple support
policies, only the policy with the highest value shall apply; if multiple
entities share the same standards and eligibility, the order of priority shall
be: people serving the revolution, relatives of martyrs, persons with
disabilities, individuals relocating in form of purchasing, lease-purchasing
social housing, women;
e) If a household includes multiple support policy
beneficiaries, only one support policy shall apply.
2. Provincial People’s Committees are responsible
for implementing, inspecting, and examining implementation of social housing
policies in their provinces and cities.
3. Regulations under Section 2 of this Chapter does
not apply to development of worker housing in industrial park, development of
housing for people’s armed forces, individuals developing or renovating,
repairing houses, unless sections 3, 4, and 5 of this Chapter contain
provisions that stipulate the application of regulations under Section 2 of
this Chapter.
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2. The Government invests in social housing
construction using funding sources under Point b Clause 1 Article 113 hereof in
order to sell, lease-purchase, and lease.
3. Enterprises, cooperatives, and joint
cooperatives invest in social housing construction in order to sell,
lease-purchase, and lease to entities under Clause 1 Article 77 hereof.
4. The Vietnam General Confederation of Labor acts
as presiding authority of social housing investment and construction projects
using union funding for employees and workers eligible for renting social
housing.
5. Foreign-invested business organizations
participate in social housing development in form of capital investment or
construction of social housing or business cooperation with domestic
enterprises, cooperatives, joint cooperatives in executing social housing
development projects in order to sell, lease-purchase, and lease in accordance
with this Law, land laws, real estate trading laws, and other relevant law
provisions.
6. Individuals build social housing to lease to
entities under Clause 1 Article 77 hereof.
1. Social housing investment and construction
projects consist of projects under Points a, b, c, dd, and e Clause 1 Article
30 hereof.
2. Social housing investment and construction
projects under Clause 1 of this Article shall be invested and built on land
intended for social housing development according to Clause 6 Article 83 hereof
while meeting requirements under Article 33 hereof. The handing over of social
housing shall conform to Clause 3 and Clause 4 Article 37 hereof.
3. Developers of social housing investment and
construction projects shall build houses to sell, lease-purchase, and lease and
shall not transfer land use right to allow individuals to build houses.
1. Type and area standards of social housing:
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b) Social housing in form of dwelling units in
apartment buildings shall be designed and built in accordance with national
technical regulations on apartment building and area standards of social
housing;
c) Social housing in form of single-family houses
shall be designed and built in accordance with construction laws and area
standards of social housing;
d) If individuals build social housing in
accordance with Clause 6 Article 80 hereof, they may build multi-storey and
multi-unit houses or single-family houses in accordance with this Law.
2. The Government shall elaborate this Article.
1. Provincial People’s Committees shall allocate
sufficient land fund for social housing development in accordance with
provincial housing development programs and plans, including: land fund for
independent social housing development; land fund for social housing
development in residential real estate investment and construction projects
according to Clause 2 and Clause 3 of this Article.
In case of rural areas, provincial People's
Committees shall, depending on local conditions, allocate land fund for social
housing development.
2. In respect of special, class I, class II, and
class III urban areas, depending on regulations of the Government, provincial
People's Committees deciding on developers of residential real estate
investment and construction projects shall reserve percentage of homestead land
in projects where technical infrastructure investment and construction has been
implemented for the purpose of developing social housing or allocate land fund
for social housing where technical infrastructure investment and construction
has been implemented outside of residential real estate investment and
construction projects in said urban areas or make payments equivalent to value
of land fund where technical infrastructure investment and construction has
been implemented for the purpose of social housing construction.
3. In respect of urban areas not mentioned under
Clause 2 of this Article, provincial People's Committees shall, depending on
local conditions, regulate criteria of residential real estate investment and
construction projects where the developers must reserve percentage of homestead
land in the projects where technical infrastructure investment and construction
has been implemented for the purpose of social housing construction or allocate
land fund for social housing where technical infrastructure investment and
construction has been implemented outside of residential real estate investment
and construction projects in said urban areas or make payments equivalent to
value of land fund where technical infrastructure investment and construction
has been implemented for the purpose of social housing construction.
4. Land fund for social housing development under
Clause 1 of this Article shall be allocated in accordance with demands defined
in approved provincial housing development programs, connected to technical
infrastructures and social infrastructures of areas where projects take place,
suitable for livelihood and working demands of social housing policy
beneficiaries under this Law.
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5. Depending on social housing construction demands
defined in provincial housing development programs and plans, during production
of local budget estimates, provincial People’s Committees are responsible for
reporting reservation of budget for social housing investment and construction
projects in the provinces and cities, compensation, support, relocation,
investment in technical infrastructures outside of social housing investment
and construction projects, connection of technical infrastructures of social housing
investment and construction projects with technical infrastructures outside of
the projects, conformity of social infrastructures inside and outside of the
projects to provincial People’s Councils.
6. Land for social housing development in projects
includes:
a) Land allocated by the Government for
construction of houses which are to be sold, lease-purchased, leased;
b) Land leased by the Government for construction
of houses which are to be leased;
c) Reserved
homestead land area for construction of social housing in accordance with
Clause 2 and Clause 3 of this Article;
d) Land on which social housing investment and
construction projects are implemented by enterprises, cooperatives, joint
cooperatives in accordance with Point c Clause 4 Article 84 hereof.
7. Individuals have the right to exercise land use
right in accordance with Clause 3 Article 54 hereof for construction of social
housing.
8. The Government shall elaborate Clause 2 of this
Article.
1. In respect of social housing investment and
construction projects invested using funding sources under Clause 1 Article 113
hereof, developers of the projects shall be determined in accordance with
public investment and construction laws.
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2. In respect of social housing investment and
construction projects that utilize union funding, project developers shall be
determined in accordance with regulations applying to public investment
projects in accordance with public investment and construction laws.
3. If land fund in residential real estate
investment and construction projects must be reserved for the purpose of social
housing construction in accordance with Clause 2 and Clause 3 Article 83 hereof,
developers of residential real estate investment and construction projects
shall be assigned with investment and construction of social housing unless the
Government hands this land over to other organizations for investment and
construction of social housing.
4. In respect of social housing investment and
construction projects that do not utilize funding sources under Clause 1 and
Clause 2 of this Article and do not fall under the case where developers of
residential real estate investment and construction projects engage in
investment and construction of social housing, developers of social housing
investment and construction projects shall be selected as follows:
a) If only 1 investor is interested in accordance
with bidding laws, competent authorities shall approve the investor as
developer of social housing investment and construction projects as soon as the
investor satisfies requirements and criteria stipulated by the Government;
b) If at least 2 investors are interested,
selection of developers of social housing investment and construction projects
shall be done via bidding in accordance with bidding laws;
c) Investors having approved investment guidelines
and accepted as developers of social housing investment and construction
projects when the investors obtain land use right via agreement on acceptance
of land use right in regard to type of land on which social housing investment
and construction projects are allowed or are having land use right in regard to
type of land on which social housing investment and construction projects are
allowed according to Land Law.
5. Developers of social housing investment and
construction projects under Clause 3 and Clause 4 of this Article have rights
under Clauses 1, 2, 3, 5, 6, 7, and 8 Article 38, Clause 2 Article 85, and
Clause 2 Article 88 hereof.
6. Developers of social housing investment and
construction projects under Clause 3 and Clause 4 of this Article have
obligations under Clauses 1, 3, 5, 6, 8, 9, 10, 11, and 13 Article 39, Clause 3
Article 81, Clause 4 Article 87 hereof and obligation to:
a) deposit or obtain bank guarantee regarding
deposit obligations for project execution in accordance with investment laws;
ensure financial capability for project execution as per the law;
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7. The Government shall elaborate this Article.
1. In respect of social housing investment and
construction projects that utilize public investment, developers of the
projects shall be eligible for incentives under Point a and Point b Clause 2 of
this Article. In respect of social housing investment and construction projects
that utilize union funding, developers of the projects shall be eligible for
incentives under Points a, b, e, g, and h Clause 2 of this Article.
2. Developers of social housing investment and
construction projects that do not utilize funding under Clause 1 of this
Article shall be eligible for the following incentives:
a) Developers are exempt from land rent, land levy
for land area of the projects; are not required to determine land value,
calculate land rent, land levy from which they have been exempt; are not
required to apply for exemption from land rent and land levy, except for cases
under Point d of this Clause;
b) Developers are eligible for preferential VAT,
corporate income tax treatment in accordance with tax laws;
Developers are eligible for maximum profit of 10%
of total investment in regard to area on which social housing is built;
d) Developers are allowed to reserve up to 20% of
homestead land area within projects where technical infrastructure investment
and construction has been implemented to facilitate investment and construction
of service, mercantile, residential real estate structures. Developers of
social housing investment and construction projects may separately record
expenditure and revenues, must not include investment of service, mercantile,
and residential real estate structures in price of social housing, and may
receive all revenues generated by the service, mercantile, residential real
estate structures; in case of investment in residential real estates,
developers shall incur land levy for area on which residential real estates are
built in accordance with land laws.
If separate land fund for construction of service,
mercantile, residential real estate structures is not allocated in detail
planning of social housing investment and construction projects approved by
competent state authorities, project developers are allowed to reserve up to
20% of total floor area in the projects for service and mercantile purposes. Developers
of social housing investment and construction projects may separately record
expenditure and revenues, must not include costs for investment and
construction of service and mercantile structures in social housing price, and
may benefit from all revenues generated by the service and mercantile structures;
dd) Developers may apply for loans at a
preferential rates; developers may, when building social housing for lease,
apply for loans at a lower interest rate and for a longer term relative to when
building social housing for sale, lease purchase according to regulations of
Prime Minister from time to time;
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g) Provincial People’s Councils shall, depending on
local conditions, promulgate regulations on support for local social housing
investment and construction projects in accordance with their power and
relevant law provisions;
h) Developers may benefit from other incentives as
per the law (if any).
3. If developers of residential real estate
investment and construction projects directly invest in social housing
construction in the residential real estate investment and construction
projects, the developers shall benefit from incentives in Clause 2 of this
Article in regard to land area under Clause 2, Clause 3 Article 83 hereof where
investment and construction is implemented by the developers .
4. Individuals shall be eligible for concessional
loans under Clause 2 of this Article in order to build, renovate, repair houses
and lease to social housing policy beneficiaries.
5. The Government shall elaborate Points c, d, and
dd Clause 2 and Clause 3 of this Article.
1. In case of social housing lease, rent shall be
calculated in order to sustain housing maintenance costs; recoverable housing
investment and construction costs for at least 20 years from the date on which
lease agreement is signed.
2. In case of social housing lease purchase, lease
purchase price shall be calculated in order to recover housing investment and
construction costs for at least 5 years from the date on which lease purchase
agreement is signed; maintenance costs incurred by buyer/tenant are not
included.
3. Rent and lease purchase price of social housing
shall not include incentives under Clause 1 Article 85 hereof.
4. Competent authorities under Article 14 hereof
shall decide on rent and lease purchase price of social housing.
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1. Sale price of social housing shall be determined
as follows:
a) Calculate adequate recoverable costs of housing
investment, including: social housing investment and construction costs,
compensation, assistance, relocation costs, costs for technical infrastructure
and social infrastructure investment and construction implemented by developers
of social housing investment and construction projects (if any) within the
project scope, unless these structures are built for business purposes or in
order to be handed over to the Government according to approved project
details; loan interests (if any); reasonable and legitimate costs of
enterprises, including costs for organizing sale, enterprise management,
expenditure accompanied by adequate invoices and instruments and directly
related to investment and construction projects as per the law; nominal
interests under Point c Clause 2 Article 85 hereof;
b) Do not include amounts mentioned under Points a,
b, dd, g, and h Clause 2 Article 85 hereof and maintenance costs incurred by
buyers in accordance with Article 152 hereof.
2. Rent of social housing shall be determined in accordance
with Clause 1 of this Article.
3. Rent of social housing, including maintenance
costs, shall be agreed upon by developers of social housing investment and
construction projects with tenants according to price range stipulated by
provincial People's Committees.
4. Developers of social housing investment and
construction projects shall develop social housing rent and lease purchase
price solutions in a manner that complies with principles under Clause 1 of
this Article and submit to field-specific authorities of provincial People's
Committees for appraisal on the date on which houses are eligible for sale,
lease purchase in accordance with housing laws.
5. In respect of social housing invested and built
by individuals, the rent shall conform to the price range stipulated by
provincial People’s Committees.
6. The Government shall elaborate this Article.
1. Sale, lease purchase, and lease of social
housing shall conform to this Law.
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3. The sale and lease purchase of off-plan social
housing shall conform to requirements below:
a) Dossiers on housing investment and construction
projects are produced, approved technical housing design is available,
construction permit is produced if necessary;
b) Foundation has been built in accordance with
construction laws, investment and construction of traffic, water supply, water
drainage, domestic electricity, public lighting of houses to be sold,
lease-purchased according to detail construction planning, design dossiers, and
approved project schedule have been complete, redemption has been implemented
if developers of social housing investment and construction projects mortgage
these houses unless buyers, buyer/tenant and mortgagees agree to not require
redemption;
c) Provincial social housing authorities have
issued written notice on houses eligible for sale and lease purchase, except
for social housing whose investment and construction utilizes public
investment.
4. The sale, lease purchase, and lease of existing
social housing of developers of social housing investment and construction
shall satisfy requirements below:
a) Investment and construction of technical
infrastructures and social infrastructures have been complete according to
detail construction planning in areas where houses for sale, lease purchase,
lease are located; if developers of social housing investment and construction
projects mortgage houses, the developers must redeem the houses prior to
selling, lease-purchasing these houses unless the buyers, buyer/tenant and
mortgagees agree to not require redemption;
b) Provincial social housing authorities have
issued written notice on houses eligible for sale, lease purchase, and lease,
except for social housing whose investment and construction utilizes public
investment;
c) Houses satisfy requirements under Points b and
Point c Clause 1 Article 160 hereof.
5. Social housing built by individuals for lease
shall only be required to satisfy requirements under Article 56 hereof.
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7. Each entity under Clauses 1, 2, 3, 4, 5, 6, 8,
9, 10, and 11 Article 76 hereof, at any given time, is only allowed to rent 1
social housing. Entities under Clause 7 Article 76 hereof are only eligible for
purchasing or lease-purchasing 1 social housing or 1 housing for people’s armed
forces.
8. Tenants, buyers/tenants of social housing shall
only accommodate themselves and their families during the duration of rent,
lease purchase; if tenants, buyers/tenants no longer wish to rent, lease
purchase social housing, they shall terminate contracts and hand over the
housing.
9. Developers of social housing investment and
construction projects may sell the housing in accordance with market mechanisms
after 10 years from the date on which commissioning is implemented if the
projects conform to construction planning, urban planning, and land laws. Said
developers of social housing investment and construction projects shall incur
land levy in accordance with regulations of the Government and other duties in
accordance with tax laws. In respect of social housing that is also public
housing, comply with Clause 2 Article 125 hereof.
10. If sale or lease purchase of social housing
violates this Law in terms of eligible entities or eligibility for purchase and
lease purchase of social housing, contracts for sale, lease purchase of
property shall be void and the buyers and buyers/tenants must hand over the
houses to developers of social housing investment and construction projects,
social housing authorities; failure to hand over houses shall result in
provincial People’s Committees where the social housing in question enforcing
repossession of the social housing.
Handling of social housing purchase payment shall
conform to civil laws; handling of lease purchase payment shall conform to
Clause 1 Article 75 hereof; enforced repossession of social housing shall
conform to regulations of the Government.
Article 89. Sale, lease purchase, lease of
social housing
1. The sale of social housing shall conform to the
following regulations:
a) The sale of off-plan social housing shall only
be implemented upon compliance with Clause 3 Article 88 hereof; the sale of
existing social housing shall only be implemented upon compliance with Clause 4
Article 88 hereof;
b) The sale of social housing shall be written into
contracts compliant with Article 163 hereof;
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d) Buyers of social housing are not allowed to
resell the social housing in at least the first 5 years from the date on which
purchase payment is settled, except for cases under Point dd of this Clause;
dd) Within 5 years from the date on which buyers of
social housing that have settled social housing payment wish to resell the
social housing, they can only resell the social housing to developers of social
housing investment and construction projects or entities eligible for purchase
of social housing at a maximum price equal to sale price of the social housing
under sale contracts signed with developers of social housing investment and
construction projects. Payment of personal income tax shall conform to tax
laws;
e) After 5 years from the date on which buyers of social
housing that have settled social housing payment wish to resell the social
housing, the resellers can resell the social housing in accordance with market
mechanisms to entities issued with certificate; the resellers are not required
to pay land levy but are required to pay income tax in accordance with tax
laws; if social housing for sale is single-family house, the resellers must
incur land levy in accordance with regulations of the Government and pay income
tax in accordance with tax laws.
2. Lease purchase of social housing shall conform
to Point a and Point b Clause 1 of this Article and regulations below:
a) Minimum time limit for settling social housing
lease purchase payment is 5 years from the date on which property lease
purchase agreement is signed;
b) Buyers/tenants of social housing are not allowed
to resell the social housing within 5 years from the date on which they settle
property lease purchase payment within time limit under Point a of this Clause,
except for cases under Point c of this Clause;
c) Within 5 years from the date on which
buyers/tenants have settled social housing lease purchase payment and wish to
resell the social housing, they are only to sell to housing authorities if
social housing is invested in and built by using public investment or to
developers of social housing investment if social housing is invested in and
built not by using public investment or to entities eligible for purchase of
social housing at a maximum price equal to sale price of social housing under
sale contracts signed with housing authority or developers of social housing
investment and construction projects. Payment of personal income tax shall
conform to tax laws;
d) Within 5 years from the date on which
buyers/tenants have settled lease purchase payment of social housing within the
time limit under Point a of this Clause, buyers/tenants are allowed to resell
the social housing in accordance with Point e Clause 1 of this Article.
3. Lease of social housing shall conform to the
following regulations:
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b) The lease of social housing shall be written
into contracts compliant with Article 163 hereof;
c) Rent contracts for off-plan social housing must
not be signed. If a house meets all requirements under Point a and Point b
Clause 3 Article 88 hereof, developers of social housing investment and
construction projects are only allowed to sign deposit agreements and collect
maximum rent deposit equal to 12 months of rent; the signing of deposit
agreements shall meet requirements regarding eligible entities and eligibility
for renting social housing under this Law; once social housing meets
requirements under Clause 4 Article 88 hereof, developers of social housing
investment and construction projects may sign lease agreements with tenants.
4. The Government shall elaborate procedures for
selling, lease-purchasing, leasing social housing.
Article 90. Management of social housing operation
1. In respect of social housing invested in and
built by using public investment, competent authorities under Point 14 hereof
shall decide and choose entities managing housing operation in accordance with
Clause 5 Article 125 hereof. In respect of social housing invested and built by
using union funding, the Vietnam General Confederation of Labor shall choose
entities managing housing operation within their powers; if at least 2 entities
register, the Vietnam General Confederation of Labor may choose to adhere to
bidding laws to decide on entities managing housing operation.
2. In respect of social housing invested in and
built not by using public investment or union funding, housing operation
management shall be regulated as follows:
a) In respect of social housing for lease,
developers of social housing investment and construction projects shall manage
housing operation or hire, authorize competent authority to manage housing
operation;
b) In respect of social housing for lease purchase,
within the duration of lease purchase, project developers shall manage housing
operation in accordance with Point a of this Clause; once buyers/tenants have
settled lease purchase payments to developers, operational management shall
conform to Point c of this Clause;
c) In respect of social housing for sale, buyers
shall manage the operation in case of single-family houses; or comply with
regulation on apartment building operation management under this Law in case of
apartment buildings.
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4. Entities managing social housing operation have
the right to engage in other businesses not prohibited by the law in social
housing complex in order to reduce housing operational management service
costs.
Section 3. DEVELOPMENT OF WORKER HOUSING IN
INDUSTRIAL PARKS
Article 91. Entities eligible for support
policies regarding worker housing in industrial parks
1. Workers working in manufacturing enterprises, cooperatives,
joint cooperatives in industrial parks.
2. Enterprises trading infrastructures in
industrial parks; manufacturing enterprises, cooperatives, joint cooperatives
in industrial parks investing in worker housing.
Article 92. Forms of worker housing development
in industrial parks
1. Enterprises trading infrastructures in
industrial parks invest in worker housing in industrial parks.
2. Manufacturing enterprises, cooperatives, joint
cooperatives in industrial parks invest in construction of or rent worker
housing in industrial parks to accommodate and lease to their workers.
1. Manufacturing enterprises, cooperatives, joint
cooperatives in industrial parks must, in order to rent worker housing in
industrial parks, sign contracts for lease of industrial park premise, be
currently operating, engaging in business activities in the industrial parks,
sign employment contracts with entities under Clause 1 Article 91 hereof.
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3. Developers of
worker housing investment and construction projects in industrial parks shall
approve entities eligible for rent of worker housing in industrial parks; if
manufacturing enterprises, cooperatives, and joint cooperatives in industrial
parks rent worker housing and lease to their employees, the manufacturing
enterprises, cooperatives, joint cooperatives shall approve entities eligible
for rent. Management boards of industrial parks are responsible for inspecting
approval of entities eligible for renting worker housing in industrial parks.
1. Depending on provincial land use planning and
provincial housing development programs and plans, during preparation and
revision of industrial park construction planning, competent authority shall
decide to allocate land fund from mercantile, service land reserve of
industrial parks to facilitate worker housing in industrial parks and public
service, utility structures serving workers of manufacturing enterprises,
cooperatives, joint cooperatives in the industrial parks. Plots on which worker
housing in industrial parks and public service, utility structures shall maintain
environmental separation distance from manufacturing areas in industrial parks.
2. The Government shall regulate conditions for
environmental safety, scale, percentage of land area for worker housing
development in industrial parks.
1. Worker housing investment and construction
projects in industrial parks consist of construction of new worker housing in
industrial parks or new worker housing complex in industrial parks.
2. Worker housing investment and construction
projects in industrial parks under Clause 1 of this Article must meet
requirements below:
a) Conform to construction planning of industrial
parks;
b) Satisfy housing demands of workers in industrial
parks defined under provincial housing development programs and plans;
c) Ensure consistency of technical infrastructure
and social infrastructure, adequate functional areas and spaces serving
accommodation demands such as: healthcare, cultural activities, playgrounds,
sports, services, mercantile, and public services;
d) Have fences, walkways separate from
manufacturing areas in industrial parks, maintain security and safety;
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3. Worker housing
investment and construction projects in industrial parks shall be approved by
management boards of industrial parks in terms of investment guidelines and
investors in accordance with regulations applicable to housing investment and
regulations projects according to investment laws; control quality, area
standards, and rent of worker housing in industrial parks.
1. Type of apartment buildings conforms to detail
construction planning approved by competent authority.
2. Design and construction conform to construction
standards and regulations; prioritize new construction technology in order to
reduce costs and save energy.
1. Enterprises trading industrial
park infrastructures shall identify worker housing demands in industrial parks,
prepare and request competent authority to approve planning, invest in
construction of technical infrastructure and social infrastructure of worker
housing in industrial parks.
2. Upon completion of investment
and construction of technical infrastructures and social infrastructures of
worker housing, enterprises trading industrial park infrastructures shall
either implement investment and construction by themselves or lease land to
enable manufacturing enterprises, cooperatives, joint cooperatives in
industrial parks to build worker housing in industrial parks.
1. Developers of worker housing investment and
construction projects in industrial parks shall be eligible for incentives
under Points a, b, dd, g, and h Clause 2 Article 85 hereof and incentives
below:
a) Costs for investment and construction of
technical infrastructures, social infrastructures of worker housing in
industrial parks are included in industrial park infrastructure investment;
b) Costs for investment and
construction of worker housing in industrial parks are deemed deductibles for
the purpose of determining taxable income in accordance with corporate income
tax laws.
2. If manufacturing enterprises,
cooperatives, joint cooperatives sublet worker housing in industrial parks to
their employees, worker housing rent shall be deemed reasonable costs in
manufacturing costs for the purpose of determining corporate income tax in
accordance with tax laws.
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1. Rules in leasing
worker housing in industrial parks:
a) A worker in
industrial parks is allowed to rent 1 worker housing in industrial park at any
time and is not allowed to sublet or transfer lease agreement;
b) Upon termination
of employment contracts, tenants must hand over worker housing in industrial
parks to the landlords;
c) Manufacturing enterprises, cooperatives, joint
cooperatives in industrial parks shall only sublet worker housing in industrial
parks to their employees.
2. Landlords are responsible for leasing worker
housing in industrial parks to employees in the industrial parks.
3. Management of
worker housing operation in industrial parks shall conform to Point a Clause 2
Article 90 hereof.
4. The Government shall elaborate leasing,
management, and use of worker housing in industrial parks.
1. Entities under Clause 7 Article
76 hereof shall be eligible for support policies regarding housing for people’s
armed forces.
2. The Minister of National
Defense and Minister of Public Security shall promulgate forms proving
eligibility for support policies regarding housing for people’s armed forces
under their management.
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1. The Government shall invest in housing for
people’s armed forces using public investment and enable entities under Clause
7 Article 76 hereof to rent, lease purchase.
2. The Government shall invest in housing for
people’s armed forces using funding sources under Point b Clause 1 Article 113
hereof to enable entities under Clause 7 Article 76 hereof to rent, lease
purchase.
3. Entities trading real estates shall fund
construction of housing for people’s armed forces to enable entities under
Clause 7 Article 76 hereof to purchase, lease purchase, rent.
Allocation of land for housing development for
people’s armed forces from local land fund for social housing development under
Article 83 hereof shall be decided by provincial People’s Committees, connected
to local technical infrastructures and social infrastructures, suitable with
life and work necessities of entities affiliated with people’s armed forces.
1. Housing investment and construction projects for
people’s armed forces consist of projects under Points a, b, c, dd, and e
Clause 1 Article 30 hereof.
2. Housing investment and constructions projects
for people’s armed forces shall satisfy requirements under Article 33 hereof
and other requirements stipulated by the Minister of National Defense and
Minister of Public Security. Handover of housing for people’s armed forces
shall conform to Clause 3 and Clause 4 Article 37 hereof.
3. Developers of housing investment and
construction projects for people’s armed forces shall build houses for sale,
lease purchase, lease and are not allowed to transfer land use right to enable
individuals to build houses.
4. Types and area standards of housing for people’s
armed forces shall conform to Points a, b, and c Clause 1 Article 82 hereof.
1. In respect of housing investment and
construction projects for people’s armed forces that use funding sources under
Clause 1 Article 113 hereof, developers of the projects shall be determined in
accordance with public investment and construction laws.
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3. Developers of housing investment and
construction projects for people’s armed forces under Clause 2 of this Article
have rights and obligations under Clause 5 and Clause 6 Article 84 hereof.
1. Developers of housing investment and
construction projects for people’s armed forces that use public investment
shall be eligible for incentives under Point a and Point b Clause 2 Article 85
hereof.
2. Developers of housing investment and
construction projects for people’s armed forces that do not use funding sources
under Clause 1 of this Article shall be eligible for incentives under Clause 2
Article 85 hereof.
1. In respect of housing investment and
construction projects for people’s armed forces that use public investment,
determination of sale, lease purchase, and rent prices shall conform to Article
86 hereof.
2. In respect of housing investment and
construction projects for people’s armed forces that do not use funding sources
under Clause 1 of this Article, sale, lease purchase, and rent prices shall be
determined in accordance with Clauses 1, 2, 3, and 4 Article 87 hereof.
1. Selling, lease-purchasing, and leasing of
housing for people’s armed forces shall conform to Article 88 and Article 89
hereof.
2. Managing of operation of housing for people’s
armed forces shall conform to Article 90 hereof.
3. The Government shall elaborate procedures for
selling, lease-purchasing, and leasing housing for people’s armed forces.
1. The Government shall provide support for
households and individuals under Clauses 1, 2, and 3 Article 76 hereof that
build, renovate, repair houses by themselves in form of national target
programs and public investment programs regarding housing.
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a) Partial funding support from state budget;
b) Concessional loan capital from Bank for Social
Policies;
c) Technical infrastructure and social
infrastructure construction in rural areas where houses are located;
d) House gifting for entities that are still unable
to afford housing improvement with support under Point a and Point b of this
Clause.
3. The Government shall provide concessional loans
via Bank for Social Policies, credit institutions designated by the Government
to enable households and individuals under Clauses 1, 2, 3, 4, 5, 6, 7, and 8
Article 76 hereof to build, renovate, and repair houses.
4. Eligibility for concessional loans provided by
the Government via Bank of Social Policies, credit institutions designated by
the Government for entities under Clause 3 of this Article includes:
a) They currently own homestead land and do not own
houses or do own damaged, deteriorated houses;
b) They have registered permanent residence in
communes where their homestead land or houses to be built or renovated,
repaired are located.
1. The Government shall support households,
individuals building, renovating, and repairing houses by themselves.
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1. Equity of organizations and individuals.
2. Capital under Clause 1 Article 113 hereof.
3. Capital mobilized from organizations and
individuals under Article 114 hereof.
4. Foreign investment.
5. Union funding according to union laws.
6. Other legitimate funding sources.
1. Funding sources of the Government for housing
development include:
a) Public investment in accordance with public
investment laws;
b) Funding from government bonds, bonds, ODA,
concessional loans of sponsors, investment development credit capital of the
Government; capital mobilized from land development fund, other non-budget
Government financial fund as per the law.
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1. Forms of capital mobilization for housing
development include:
a) Capital contribution, investment cooperation,
business collaboration, joint venture of organizations and individuals;
b) bond, stock, fund certificate issuance as per
the law;
c) Capital funding from funding sources under
Clause 1 Article 113 hereof;
d) Loan from credit institutions, financial
organizations operating in Vietnam;
dd) capital loan from Bank for Social Policies;
e) Direct foreign investment in Vietnam;
g) Other legitimate funding sources.
2. The Government shall elaborate conditions of
each form of capital mobilization for housing development.
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a) Capital of developers of residential real estate
investment and construction projects;
b) Funding mobilized via capital contribution,
investment cooperation, business collaboration, joint venture of organizations
and individuals;
c) Funding mobilized via bond, stock, fund certificate
issuance as per the law;
d) Housing purchase, lease purchase advance,
arrears, instalment payments according to contracts for sale, lease purchase of
off-plan property;
dd) Loan capital from credit institutions and
financial organizations operating in Vietnam.
2. Capital for official housing development
consists of:
a) Funding provided by the state budget, including
central government budget and local government budget;
b) Other legitimate funding sources.
3. Funding for social housing policies consists of:
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b) Funding mobilized via capital contribution,
investment cooperation, business collaboration, joint venture of organizations
and individuals;
c) Capital of entities eligible for support
policies regarding social housing;
d) Capital under Clause 1 Article 113 hereof;
dd) Capital provided directly by the Government for
entities eligible for social housing policies; concessional loan made via Bank
of Social Policies or credit institutions designated by the Government;
e) Union funding for project execution under Clause
4 Article 80 hereof;
g) Loan capital from credit institutions and
financial organizations operating in Vietnam;
h) Direct foreign investment made to Vietnam;
i) Other legitimate funding sources.
4. Capital for relocation housing development,
renovation and reconstruction of apartment building consists of:
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b) Funding mobilized via capital contribution,
investment cooperation, business collaboration, joint venture of organizations
and individuals;
c) Capital under Clause 1 Article 113 hereof;
d) Capital from land development fund;
d) Capital from compensation, support, relocation
payments upon premise clearance as per the law, capital contributed by
relocated individuals in respect of apartment building renovation and
reconstruction projects;
e) Loan capital from credit institutions and
financial organizations operating in Vietnam;
g) Other legitimate funding sources.
5. Capital for personal housing development
consists of:
a) Personal capital;
b) Cooperation capital between individuals;
contributions of relatives, community;
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d) Funding of the Government in respect of cases
eligible for support policies regarding social housing;
dd) Other legitimate funding sources.
1. Capital mobilization for housing development
shall conform to principles below:
a) Appropriate form of mobilization is implemented;
b) Conditions for capital mobilization are met in
accordance with housing laws;
c) Capital mobilization is appropriate to each type
of housing in accordance with this Law;
d) Compliance with anti-money laundering laws is
guaranteed;
d) Compliance with bidding laws and other relevant
laws is guaranteed; in case of state funding mobilization in accordance with
Article 113 hereof, compliance with state budget and public investment laws is
also guaranteed;
e) Parties contributing capital, cooperating in investment,
engaging in business collaboration, joint venture, consortium according to
Point a Clause 1 Article 114 hereof shall only receive profit share in form of
money or shares based on percentage of capital contribution agreed upon in
contracts; developers of housing investment and construction projects are not
allowed to implement capital methods under this Point or other mobilization
methods to distribute housing products or prioritize registration, deposit,
reception of the right to purchase houses or distribute land use right in
projects to parties receiving mobilized capital, except for cases where capital
contribution establishes new juridical person in order to be assigned as
developers of housing investment and construction projects by the Government.
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3. The use of capital for housing development shall
conform to principles below:
a) ensure transparency; protect legitimate rights
and benefits of entities whose capital is mobilized;
b) the use must serve housing development and
execution of housing investment and construction projects; mobilized capital
must not be used for other purposes;
c) allocation and use of funding sources for
housing development shall conform to approved provincial housing development
programs and plans.
1. The Bank for Social Policies shall grant
concessional loan at low interest rates and extended loan term via capital
allocation from budget for Bank for Social Policies for execution of national
target programs, public investment programs regarding housing and construction
of social housing, housing for people’s armed forces according to regulations
of the Government and Prime Minister from time to time.
2. The Bank for Social Policies is allowed to
mobilize saving deposits of domestic households, individuals that wish to
purchase, lease-purchase social housing, housing for people’s armed forces in
order to grant loan to these entities at preferential interest rates and
extended loan term following a definite duration of saving deposit.
3. The Bank for Social Policies shall keep separate
entries for management and use of funding sources in accordance with Clause 1
and Clause 2 of this Article.
4. The Government shall elaborate this Article.
1. Production, storage, transfer, and management of
housing dossiers.
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3. Management and use of public housing.
4. Insurance, warranty, maintenance, renovation,
demolition of houses.
1. Owners or current users of houses that have not
been identified as owners and organizations assigned to manage public housing
are responsible for producing and storing housing dossiers in accordance with
Clause 2 of this Article.
2. Housing dossiers of single-family houses and
apartment buildings shall be regulated as follows:
a) In respect of houses in urban areas and rural
areas established before July 1, 2006, documents proving legitimate
establishment of houses or housing declaration is required in accordance with
housing laws;
b) In respect of houses in urban areas established
from July 1, 2006 and onwards, housing dossiers shall consist of documents
proving legitimate housing establishment, documents identifying consultancy
units, construction units, design drawings, plan drawings of houses and land,
as-built dossiers in accordance with construction laws (if any);
c) In respect of houses in rural areas established
from July 1, 2006 and onwards, housing dossiers shall consist of documents
proving legitimate housing establishment and design drawings, plan drawings of
houses and land (if any);
d) In respect of housing construction in projects,
housing dossiers shall consist of dossiers of housing investment and
construction projects and as-built dossiers in accordance with construction
laws.
1. Organizations and individuals storing housing
dossiers shall be regulated as follows:
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b) District housing authorities are responsible for
storing housing dossiers of domestic households and individuals and overseas
Vietnamese;
c) Provincial housing authorities are responsible
for storing housing dossiers of domestic organizations, foreign organizations,
foreign individuals, and local housing investment and construction projects.
2. Competent authority shall, upon issue
certificate, provide housing information under Clause 2 Article 119 hereof to
peer housing authorities for establishment of housing dossiers.
Provincial People’s Committees shall decide on
cooperation in housing information exchange between competent authority issuing
certificate and local housing authorities in order to maintain consistency
regarding housing and land information in housing dossiers.
1. If developers of housing investment and
construction projects manage single-family housing area upon completion of
investment and construction process, the developers are responsible for
managing exterior architecture of single-family houses that have been handed
over to owners in accordance with approved design dossiers; manage and maintain
technical infrastructures and social infrastructures in accordance with
approved projects unless the Government manages in accordance with decision and
investment guidelines approval.
If developers of housing investment and
construction projects do not manage single-family housing complexes in
projects, provincial People’s Committees are responsible for managing exterior architecture
in accordance with approved planning and regulation on architecture management
projects or assigning district People’s Committees to manage.
If housing investment and construction projects
permit transfer of land use right to enable individuals to build houses,
construction shall adhere to approved planning and architecture management
regulations.
2. Developers of housing investment and
construction projects may separate and name individual single-family housing
complexes subject to planning and built separately in the projects for
management. The naming of projects and areas therein shall conform to Article
33 hereof.
3. When houses are transferred and used, developers
of housing investment and construction projects, owners and users of houses are
allowed to establish their own management board that manages housing exterior
architectural maintenance, takes care of trees, gardens, maintains utilities,
technical infrastructures serving the housing complexes, except for technical
infrastructures transferred to the Government or handed over to developers of
housing investment and construction projects by the Government for management
and maintenance. Composition of internal management board of housing complexes
includes representatives of owners, users of the area and representatives of
developers of housing investment and construction projects (if any).
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5. Meetings for initial establishment of internal
management boards shall be held by developers of housing investment and
construction projects; subsequent meetings shall be held by internal management
boards of housing complex or developers housing investment and construction
projects via authorization; if owners and users fail to agree on internal
management boards of housing complexes, developers of housing investment and
construction projects are responsible for managing these housing complexes in
accordance with approved projects.
6. Developers of housing investment and
construction projects may provide financial support to enable housing complex
management board to take care of trees, gardens, maintain utilities, technical
infrastructures for cases where the Government or developers of housing
investment and construction projects are not responsible for management. Implementation
of tasks under this Clause shall be carried out by developers of housing
investment and construction projects; if the developers do not carry out tasks,
internal management boards shall hire other competent entities for
implementation.
1. Houses with artistic, architectural, cultural,
historical value, including old villas, regardless of form of ownership shall
be determined as follows:
a) Houses classified as national or provincial
historical - cultural heritages by competent authorities;
b) Houses other than those under Point a of this
Clause but specified under lists approved by provincial People’s Committees in
accordance with Clause 2 of this Article.
2. Provincial People’s Committees shall establish
councils consisting of representatives of provincial architecture, construction,
cultural authorities, relevant industry and scientist associations in order to
define criteria and list of housing of artistic, architectural, cultural,
historical value in the provinces. The councils are responsible for presenting
lists of housing of artistic, architectural, cultural, historical value in the
provinces to enable provincial People’s Committees to approve as per the law.
3. The management and use of houses in Clause 1 of
this Article shall conform to this Law, architecture laws, cultural heritage
laws, and other relevant laws; in case of public housing, regulations under
Section 2 of this Chapter shall also be adhered to; in case of villas,
regulations under Article 123 hereof shall also be adhered to.
4. Expenditure on management, preservation,
maintenance, renovation of housing under Point a Clause 1 of this Article and
public housing shall be provided by state budget.
In respect of houses that are not public housing
but fall under cases in Point b Clause 1 of this Article, depending on local
conditions, provincial People’s Committees shall decide to provide funding, in
part or in whole, to enable owners to manage, preserve, maintain, and renovate
these houses.
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1. Villas shall be divided into 3 categories:
a) Category one villas refer to villas deemed
cultural - historical heritages in accordance with cultural heritage laws;
villas of architectural characteristic values and antique villas defined by
councils under Clause 2 Article 122 hereof and proposed to provincial People’s
Committees for approval;
b) Category two villas refer to villas that do not
fall under Point a of this Clause but possess artistic, architectural,
cultural, and historical value defined by councils under Clause 2 Article 122
hereof and are proposed to provincial People’s Committees for approval;
c) Category three villas refer to villas that do
not fall under Point a and Point b of this Clause.
2. The management, use, maintenance, and renovation
of villas shall adhere to principles below:
a) Villas shall adhere to this Law, planning laws,
architecture laws, and construction laws; villas of artistic, cultural,
historical values shall also adhere to cultural heritage laws;
b) Category one villas shall have their exterior
architecture, including architectural form; interiors architecture; building
density, number of storey, and height retained;
c) Category two villas shall have their exterior
architecture retained.
1. Housing repurposing shall be allowed for the
purpose of:
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b) repurposing unused official housing or social
housing to relocation housing;
c) repurposing houses under Point d Clause 1
Article 13 hereof to official housing or social housing for lease;
d) under or circumstances according to decisions of
Prime Minister on the basis of propositions of the Ministry of Construction.
2. Repurposing under Clause 1 of this Article shall
adhere to principles below:
a) The repurposing is appropriate with approved
provincial housing development programs and plans; not cause loss of public
property;
b) Repurposed houses shall be used effectively, for
the right purpose, and adhere to standards, technical regulations of repurposed
houses;
c) Approval by the Ministry of Construction or
provincial People’s Committees is required.
3. The Government shall elaborate this Article.
1. Public housing shall be used for the right
purpose, effectively and in a manner that avoids loss and waste; lease, lease
purchase, and sale of houses shall be made to the right entities, with
sufficient eligibility, and in accordance with this Law. Sale and lease
purchase payments of public housing less reasonable costs shall be allocated in
budget expenditure estimates for investment and construction social housing
under public ownership.
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If investment and construction of social housing or
housing for people’s armed forces are required, representatives of owners of
public housing shall produce schemes for sale of social housing and housing for
people’s armed forces currently under lease, except for social housing and
housing for people’s armed forces whose investment and construction utilize
funding sources under Point b Clause 1 Article 113 hereof and send to Ministry
of Construction for appraisal, to Prime Minister for decision in accordance
with regulations of the Government.
3. The lease and sale of public housing under Point
d Clause 1 Article 13 hereof shall only be implemented in the absence of
disputes and lawsuits regarding public housing use right in accordance with
regulations on settling disputes, conflicts, lawsuits, and denunciations and in
situations where lease or sale of such public housing is allowed.
Cases of arrangement and use of public housing
under Point d Clause 1 Article 13 hereof from January 19, 2007 shall conform to
this Law and public asset management and use laws; if the Government no longer
uses such public housing, the public housing shall be sold in accordance with
regulations on sale of public asset under public asset management and use laws.
4. Tenants of official housing
shall, upon being ineligible for renting official housing or relocating or
violating housing management and use regulations that result in repossession,
shall return official housing to the Government.
If individuals return official
housing that is not a result of housing repossession due to violation of Points
a, e, and h Clause 1 Article 127 hereof and lack accommodation after returning
official housing, superior agencies and organizations of these individuals are
responsible for cooperating with provincial People’s Committees where the
individuals reside in, depending on specific conditions, enabling purchase,
lease purchase, rent of social housing or allocating homestead land to enable
them to build houses.
5. Management of public housing shall be
implemented as follows:
a) Organizations or enterprises specifically
capable in managing housing operation implement and receive benefits applicable
to public services;
b) Representatives of owners of public housing
invested and built by using funding sources under Point a Clause 1 Article 113
hereof assign entities managing housing operation to manage housing operation,
in case of apartment buildings, these entities shall be sufficiently capable in
accordance with this Law; in respect of absence of sufficiently capable
entities managing housing operation, organize biddings to choose managing
entities.
6. The management and use of repossessed housing
shall conform to Article 127 hereof.
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a) Entities under Clause 1 Article 45 hereof are
only eligible for renting official housing;
b) Entities under Clauses 1, 2, 3, 4, 5, 6, 7, 8,
9, and 10 Article 76 hereof are eligible for renting, lease-purchasing,
purchasing social housing; entities under Clause 7 Article 76 hereof are
eligible for renting, lease-purchasing, purchasing housing for people’s armed
forces if they have not been able to rent, lease-purchase, or purchase social
housing;
c) Entities under Clause 10 Article 76 hereof are
eligible for renting, lease-purchasing, purchasing relocation housing if they
have not been able to rent, lease-purchase, purchase social housing;
d) Entities currently using houses under Point d
Clause 1 Article 13 hereof are eligible for renting or purchasing said houses;
dd) Entities under Clause 11 Article 76 hereof are
eligible for renting social housing.
2. Eligibility for renting, lease-purchasing,
purchasing public housing:
a) Entities satisfying conditions under Clause 2
Article 45 hereof are eligible for renting public housing;
b) Entities satisfying conditions under Clause 1,
Clause 2, or Clause 8 Article 78 hereof are eligible for renting,
lease-purchasing, purchasing social housing; entities under Clause 10 Article
76 hereof who have not been allocated with relocation housing and/or relocation
homestead land are eligible for renting, lease-purchasing, purchasing social
housing. Entities satisfying Clause 6 Article 78 hereof are eligible for
renting, lease-purchasing, purchasing housing for people’s armed forces.
Entities under Clause 11 Article 76 hereof are eligible
for renting housing during period of studying;
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d) Entities using houses, able to present documents
proving housing arrangement and use, and wishing to rent or purchase the
housing are eligible for renting or purchasing housing in accordance with Point
d Clause 1 Article 13 hereof.
3. Entitlement to sign contracts for lease, lease
purchase, purchase of public housing:
a) In respect of lease-purchasing or purchasing of
social housing and housing for people’s armed forces or sale and purchase of
housing under Point d Clause 1 Article 13 hereof, the contracts shall be signed
between buyers/tenants, buyers with assigned housing authorities;
b) In respect of renting, lease-purchasing,
purchasing relocation housing, the contracts shall be signed between relocating
individuals and entities arranging relocation;
c) In respect of renting housing under Point d
Clause 1 Article 13 hereof, official housing, social housing, and housing for
people’s armed forces, the contracts shall be signed between tenants and
assigned housing authorities or entities managing housing operation;
d) In case of students, lease agreements shall be
signed between the tenants and education institutions or assigned housing
authorities.
4. The Government shall elaborate determination of
date on which housing arrangement is implemented, eligible entities,
eligibility for renting, purchasing housing, sale and lease of houses,
determination of rent and sale price in respect of housing under Point d Clause
1 Article 13 hereof; price determination and management of revenues generated
by lease, lease purchase, sale of housing under Point d Clause 1 Article 13
hereof; management, use, and operation of public housing.
1. The repossession of public housing shall be
implemented if:
a) Lease, lease purchase, sale of houses is
implemented in a manner that does not respect entitlement, eligible entities,
or eligibility in accordance with housing laws; or
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c) Tenants, buyers/tenants returning leased,
lease-purchased houses; or
d) Tenants are no longer eligible for renting
houses in accordance with this Law; or
dd) Tenants decease or are declared missing by the
court and no other cohabitants are present; current tenants of official housing
decease or are declared missing by the court; or
e) Tenants, buyers/tenants fail to incur rent for
at least 3 months without justifiable reasons; or
g) Houses for lease, lease purchase are subject to
mandatory demolition for renovation or reconstruction according to decision of
competent authority; houses do not meet safety requirements in accordance with
construction laws; or
h) Tenants and buyers/tenants fail to use houses
for the right purposes defined in contracts for lease, lease purchase or
repurposing, selling, subletting, lending houses without permission or
reshaping, expanding, renovating, demolishing houses; or
i) Tenants of official housing are mobilized,
reassigned, seconded to other areas; or
k) Houses are illegally appropriated.
2. Tenants, buyers/tenants, buyers, users subject
to housing repossession under Clause 1 of this Article must hand over the
houses to assigned housing authorities; failure to hand over houses shall cause
representatives of owners of public housing to decide on enforced repossession.
Provincial People’s Committees are responsible for organizing enforced
repossession or assigning district People’s Committees where the houses are
located to implement enforced repossession within 30 days from the date on
which decision on enforced repossession is issued.
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3. The Government shall elaborate procedures for
repossession and enforced repossession of public housing.
1. The Government encourages house owners to
purchase insurance as per the law. In respect of houses named under list of
construction posing a risk of conflagration in accordance with fire safety
laws, owners of these houses shall purchase compulsory fire insurance.
2. Insurance form, premiums, and terms shall
conform to insurance business laws and fire safety laws.
3. If house owners has paid insurance premiums in
accordance with this Article after which point their houses are burned, they
shall be eligible for insurance claim according to signed insurance contracts.
1. Organizations and individuals building houses
shall provide warranty in accordance with construction laws; organizations and
individuals providing housing equipment shall provide warranty for the
equipment during the periods stipulated by the manufacturers.
In case of housing investment and construction for
sale and/or lease purchase, sellers and sellers/landlords are responsible for
providing warranty in accordance with Clause 2 and Clause 3 of this Article. Sellers,
sellers/landlords have the right to request constructing, equipment supplying
organizations and individuals to provide warranty as per the law.
2. Houses shall be subject to warranty from the
date on which they are constructed and commissioned for:
a) at least 60 months in case of apartment
buildings;
b) at least 24 months in case of single-family
houses;
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1. House owners are responsible for maintaining
houses; if owners have not been identified, current managers and users are
responsible for managing the houses. Owners of apartment buildings are
responsible for maintaining private area and contributing funding for
maintenance of common area of apartment buildings.
2. Details and procedures for
maintenance and management of apartment building maintenance dossiers shall conform
to construction laws.
In respect of houses under Clause 1 Article 122
hereof, architecture laws, planning laws, and cultural heritage laws shall be
adhered to.
3. House owners, entities maintaining houses shall
guarantee safety for humans, property, hygiene, and environment during
maintenance process; maintenance of public housing shall also adhere to Article
133 hereof.
1. House owners are allowed to renovate houses that
they own; individuals other than owners of a house are only allowed to renovate
the house if the owners of the house agree.
2. Housing renovation shall adhere to this Law and
construction laws; if the law mandates housing renovation projects, approved
projects shall be adhered to. Renovation of public housing shall also adhere to
Article 133 hereof.
3. In respect of villas under Clause 1 Article 123
hereof, renovation shall adhere to planning laws, architecture laws, cultural
heritage laws; if the law mandates approval of competent authority prior to
renovation, housing authorities shall adhere to written approval of competent
authorities.
4. In respect of old villas under Point a and Point
b Clause 1 Article 123 hereof, regulations below shall also be adhere to:
a) Original conditions of villas must not be
altered;
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c) Additional structures are not allowed for the
purpose of increasing area or expanding, expropriating area outside of the
villas.
1. Landlords have the right to maintain, renovate
houses if tenants agree except for emergencies or force majeure. Tenants are
responsible for enabling landlords to implement housing maintenance and
renovation.
2. Landlords have the right to reasonably adjust
rent after renovating if remaining rental period is at most one-third of total
rental period in lease agreements; if tenants do not agree with rent
adjustment, they have the right to unilaterally terminate lease agreement and
receive compensation as per the law.
3. If tenants must relocate in order to facilitate
housing maintenance or relocation, the parties shall negotiate temporary
accommodation and rent during periods of maintenance and relocation; if tenants
arrange their own accommodation and have paid rent in advance for the entirety
of periods of maintenance and relocation, landlords shall reimburse the rent
incurred by tenants. Periods of maintenance or renovation shall not be included
in the term of lease agreements. Tenants may continue to rent once renovation
and maintenance complete.
4. Tenants have the right to request landlords to
maintain houses unless houses are damaged by the tenants; if landlords fail to
maintain houses, tenants have the right to maintain houses as long as the they
inform landlords at least 15 days in advance. Written notice shall state level
of maintenance and expenditure. Landlords shall pay maintenance costs or deduct
maintenance costs from rent.
1. Maintenance and renovation of public housing
shall be approved by competent authority and compliant with this Law and
construction laws. In respect of maintenance of apartment buildings under
public ownership, representatives of owners of public housing shall assigned
operational managing entities to perform maintenance if they are sufficiently
capable for maintenance work; if these entities are incapable of performing
maintenance, biddings for selection of entities sufficiently capable of maintenance
work shall be implemented.
2. In respect of renovation of currently leased
public housing, Article 132 hereof shall be adhered to; if housing authorities
allow tenants in writing to renovate using their own funding, the renovated
sections are still considered public property, organizations managing the
property are responsible for reimbursing renovation costs incurred by the
tenants or deducting renovation costs from rent.
1. Owners of housing under shared ownership have
the right and responsibility to maintain, renovate housing sections that they
own; if ownership of each owner cannot be identified, responsibility for
maintenance and renovation shall be evenly distributed among owners. Maintenance
and renovation of housing under shared ownership shall be agreed upon by all
owners; maintenance and renovation of apartment buildings shall conform to this
Law and Regulations on management and use of apartment buildings.
2. Expenditure on maintenance and renovation of
sections under shared ownership shall be distributed among owners corresponding
to percentage of their ownership unless otherwise agreed upon by the owners. In
respect of apartment buildings under ownership of multiple owners, maintenance
costs shall conform to Section 4 Chapter IX hereof.
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b) request competent authorities to issue
construction permit if renovation process requires construction permit and
facilitate maintenance, renovation of housing once all conditions according to
construction laws are met;
c) exercise other rights as per the law.
2. Regarding housing maintenance and renovation,
owners have the obligation to:
a) comply with regulations on housing maintenance
and renovation; enable other owners to perform maintenance and renovation of
their houses;
b) compensate other organizations and individuals
for damage caused;
c) perform other obligations as per the law.
1. Cases of mandatory demolition:
a) Houses are severely damaged, prone to collapse,
not safe for users according to quality inspection conclusion of provincial
housing authorities where the houses are located or in state of emergency,
natural disaster preparedness;
b) Apartment buildings subject to mandatory
demolition under Clause 2 Article 59 hereof;
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d) Houses are built in areas where construction is
prohibited or on land that is not homestead land according to approved
planning;
dd) Houses are demolished due to reasons other than
those mentioned under Points a, b, c, and d of this Clause.
2. Demolition under Clause 1 of this Article shall
conform to this Law and construction laws.
1. House owners or managers, users are responsible
for demolition; if houses are cleared for reconstruction of houses or other
structures, developers of housing investment and construction projects shall be
responsible for demolition.
2. House owners shall demolish their houses if they
are capable in accordance with construction laws or hire competent
organizations and individuals.
3. Demolition of apartment buildings shall conform
to Chapter V hereof.
4. Commune People’s Committees are responsible for
monitoring and expediting demolition work in their communes.
1. People and property must be evacuated from
demolition site.
2. Signs must be erected and measures must be taken
to isolate from adjacent areas.
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4. If demolition solutions are required according
to construction laws, house owners, managers, users, and developers of housing
investment and construction projects shall produce demolition solutions prior
to implementation.
5. Demolition of houses in residential areas must
not be performed from 12 p.m. to 1 p.m. and from 10 p.m. to 5 a.m. except for
cases of emergencies.
1. If a house is subject to mandatory demolition
under Article 136 hereof and its owners, managers, users, or developers of
housing investment and construction projects fail to voluntarily perform
demolition, competent authority under Clause 2 of this Article shall promulgate
decision on enforced demolition.
2. Entitlement to promulgate decision on enforced
demolition:
a) Chairpersons of district People’s Committees
shall promulgate decision on enforced demolition of houses for land
expropriation under Point c Clause 1 Article 136 hereof, enforced demolition of
single-family houses under Points a, d, and dd Clause 1 Article 136 hereof;
b) Chairpersons of provincial People’s Committees
shall promulgate decision on enforced demolition of apartment buildings under
Points a, b, d, and dd Clause 1 Article 136 hereof.
3. District People’s Committees are responsible for
organizing enforced demolition in accordance with decision on enforced
demolition under Clause 2 of this Article.
4. Expenditure on enforced demolition:
a) House owners, managers, users or developers of
housing investment and construction projects shall incur expenditure on
enforced demolition and relevant costs;
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1. House owners shall arrange their accommodation
in the event of demolition, except for Clause 2 and Clause 3 of this Article.
2. In case of demolition for land expropriation,
accommodation for house owners shall be resolved in accordance with policies on
relocation housing when the Government expropriates land in accordance with
this Law and land laws.
3. In case of demolition of apartment buildings,
accommodation of apartment building owners shall be resolved in accordance with
Article 72 hereof.
1. Landlords shall notify tenants in writing of
demolition at least 90 days in advance unless demolition is performed in case
of emergencies or in accordance with decisions of competent authority.
2. In case of demolition for reconstruction where
rent term has not expired, landlords are responsible for arranging
accommodation for tenants during demolition and reconstruction process unless
the tenants arrange accommodation by themselves. Once construction completes,
tenants may continue to rent until the expiry of the contracts unless the
tenants no longer wish to rent; if the tenants arrange accommodation by themselves,
they are not required to pay rent during demolition and reconstruction process.
Duration of demolition and reconstruction is not included in effective period
of lease agreements.
1. Private areas in apartment buildings include:
a) Area in flats, including area
of balconies and loggias associated with the flats;
b) Other area in apartment buildings
recognized as to be under ownership of apartment building owners;
c) Equipment system associated to
flats or other area under sole ownership of apartment building owners, other
than equipment under joint ownership Clause 2 of this Article.
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a) Remaining area of apartment
buildings less private area under Claque 1 of this Article; community house of
apartment buildings;
b) Load-bearing space and
structures, equipment for common use in apartment buildings including:
load-bearing frames, pillars, walls, exterior walls, walls separating flats,
floors, ceilings, roofs, rooftops, corridors, staircases, elevators, means of
egress, garbage chutes, utility boxes, exterior walls of utility boxes (if
any), power supply system, water supply system, gas supply system,
communication system, radio system, television system, water drainage system,
septic tanks, lightning protection, fire protection, and other sections not
under sole ownership of apartment building owners;
c) Outdoor technical
infrastructures connected to the apartment buildings, other than technical
infrastructures serving public purposes or to be handed over to the Government
or developers of housing investment and construction projects for management in
accordance with approved projects;
d) Public structures in apartment
building vicinity not for business purposes or not to be handed over to the
Government in accordance with approved projects including: common yards, flower
gardens, parks, and other structures defined in approved projects.
3. Area and equipment under
private ownership and joint ownership under this Article shall be clearly
defined in contracts for purchase, lease purchase of property or other areas in
apartment buildings; if said area and equipment are not clearly defined in
contracts for purchase, lease purchase of property, they shall be determined in
accordance with this Article.
1. Usable area of flats and other area in apartment
buildings under sole ownership of apartment building owners shall be determined
by carpet area, including area of walls inside flats, balconies, loggias (if
any) and not including area of walls surrounding flats, walls separating flats,
floor area occupied by pillars, utility boxes, and walls surrounding utility
boxes (if any) in flats. For the purpose of calculating balcony area, calculate
the entire floor area; if balcony contains common wall, balcony area shall also
include the inside of common walls.
For the purpose of calculating loggia area,
calculate the entire floor area from the inside of common walls or walls
surrounding flats.
In case of equipment or elements associated with
balconies and/or loggias but are considered vertical surface of the structure
according to approved design dossiers under construction laws, the equipment
and elements shall be considered under joint ownership in apartment buildings.
2. Determination of area under Clause 1 of this
Article shall conform to Regulations on management and use of apartment
building.
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1. Developers of housing investment and
construction projects shall build parking spaces serving apartment building
owners and users include motor vehicles, motorbikes, motorized tricycles,
bicycles, and mobility aids for people with disability in a manner that at
least adheres to construction regulations, approved design and ensure that
these parking spaces are used for the intended purposes. Parking spaces can be
located in basements or other area inside or outside of apartment buildings
according to approved planning or design; approved design shall defined parking
spaces for motor vehicles and motorbikes, motorized tricycles, bicycles, and
mobility aids for people with disability.
Charging areas for electric vehicles shall be
located in a manner that complies with construction standards and regulations.
2. Determination of ownership and
use right of parking spaces:
a) Parking spaces for bicycles,
motorbikes, motorized tricycles, mobility aids for people with disability for
apartment building owners and users shall be considered under joint ownership
and common use right of apartment building owners;
b) Parking spaces of motor
vehicles intended for apartment building owners shall be available of purchase
or rent by buyers, buyers/tenants of flats or other area in apartment
buildings; if buyers, buyers/tenants do not buy and/or rent these parking
spaces, these parking spaces shall be managed by developers of housing
investment and construction projects and investment construction costs of these
parking spaces shall not be included in sale, lease-purchase price of flats;
developers of housing investment and construction costs are responsible for
publicizing investment and construction costs for motor vehicle parking spaces.
Positioning of motor vehicle parking spaces in apartment buildings shall
prioritize apartment building owners over public parking spaces.
The purchase or rent of motor vehicle parking
spaces under this Point shall be defined in flat purchase, lease purchase
agreements or in separate contracts.
c) Developers of housing investment and
construction project shall hand over parking space plan drawings to apartment
building owners on the basis of approved projects and design which clearly
define parking spaces for apartment building owners and users, including
parking spaces under joint ownership, motor vehicle parking spaces, and public
parking spaces.
3. Vehicle tending service fees
shall conform to price laws.
4. Management of parking space
operation shall conform to Regulation on management and use of apartment
buildings.
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2. Apartment building meetings
shall be held to decide issues under Clause 3 or Clause 4 of this Article if
all conditions under Regulation on management and use of apartment buildings.
Apartment building meetings shall be held in form of face-to-face meetings or
online meetings or a combination of both due to epidemic and/or natural
disasters.
3. In respect of apartment
buildings with multiple owners, apartment building meetings shall be held to
decide issues below:
a) Nomination, election, early
dismissal, dismissal of members of apartment building administration boards;
approval, revision, amendments to regulations on management and use of
apartment buildings.
b) Approval, revision, amendments
to regulations on operation, revenue and expenditure of apartment building
administration boards; wages of members of apartment building administration
boards, and other costs serving operation of apartment building administration
boards;
c) Approval of apartment building
operation management service fees and the use of maintenance costs; in respect
of apartment buildings under Clause 4 Article 155 hereof where parties do not
negotiate distribution of maintenance costs under contracts for apartment
building flat purchase and lease purchase, apartment building meetings shall
review and decide on the distribution of these costs;
d) Decision on selection of
entities managing apartment building operation if developers of housing
investment and construction projects no longer exist or are not capable of
managing apartment building operation or do not engage in management of
apartment building operation or fail to meet requirements agreed upon under
service contracts signed with apartment building administration boards;
dd) Approval of maintenance plan
for common area in apartment buildings;
e)Approval of report on
operational management and maintenance of common area in apartment buildings;
g) Other details relevant to
apartment building management and use.
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5. Decision of apartment building
meetings regarding issues under Clause 3 of this Article shall be approved
under the majority rule in form of election or voting, recorded and signed by
meeting presiding members and secretaries of apartment building meetings.
1. In respect of apartment
buildings with single owners or apartment buildings with multiple owners and
less than 20 flats, apartment building owners and users shall discuss whether
or not to establish administration boards. Establishment of administration
boards:
a) In respect of apartment
buildings with single owners, administration board shall consist of owner
representatives and apartment building users;
b) In respect of apartment
buildings with multiple owners, composition of administration board shall
conform to Clause 2 of this Article.
2. In respect of apartment
buildings with multiple owners and at least 20 flats, administration boards
shall be required. Administration board shall consist of representatives of
owners, apartment building users in absence of owners, developers of housing
investment and construction projects who no longer own area in apartment
buildings unless developers of housing investment and construction projects do
not assign their representatives to participate in apartment building
administration boards.
3. Administration boards of
apartment buildings with single owners shall operate on an autonomous basis. In
case of public housing, representatives of owners of public housing or housing
authorities shall establish administration boards or assign managing entities.
In respect of apartment buildings
with multiple owners, administration boards shall possess seals and accounts
and exercise rights, responsibilities under Article 147 and Article 148 hereof.
The summon of administration boards, meeting conditions, voting methods, and
other relevant details shall conform to operating regulations of administration
boards approved by apartment building meetings.
4. Encourage individuals with experience and
knowledge in construction, architecture, finance, law, fire safety to
participate in administration boards.
5. The voting, early dismissal,
and dismissal of members of administration boards; determination of number of
members of administration boards; separation and merger of administration
boards and documents, procedures for recognizing administration boards,
enforced transfer of apartment building dossiers shall conform to Regulations
on management and use of apartment buildings.
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a) request developers of housing
investment and construction projects to hand over maintenance costs after
administration boards have been established and issued request for handover;
request competent authority to enforced handover of maintenance costs;
b) manage and use maintenance
costs in accordance with this Law and decision of apartment building meetings;
c) request apartment building
meetings to approve service fees of apartment building operational management;
d) receive bonus and other
expenditure according to decision of apartment building meetings;
dd) request competent authority to
acknowledge administration boards;
e) request developers of housing
investment and construction projects to hand over apartment building dossiers;
request competent authority to enforce handover of apartment building dossiers;
g) perform other tasks assigned by
the apartment building meetings that do not contradict the law.
2. In respect of public apartment
buildings, administration boards shall exercise rights under Points d and g
Clause 1 of this Article. In respect of apartment buildings with one other
owner, administration boards shall exercise rights under Points d, dd, and g
Clause 1 of this Article.
a) register seals and accounts of
administration boards, accounts for management and use of maintenance costs;
receive and manage apartment building dossiers from developers of housing
investment and construction projects and provide for entities managing
apartment building operation in accordance with Regulation on management and
use of apartment buildings;
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c) sign service contracts for
apartment building operational management with developers of housing investment
and construction projects or entities capable of managing apartment building
operation selected by apartment building meetings under Point d Clause 3 Article
145 hereof.
If entities managing apartment
building operation under Clause 1 Article 149 hereof are not required where
apartment building meetings already assign administration boards to manage
operation, administration boards shall collect and spend operational management
costs in accordance with decisions in apartment building meetings;
d) select, sign contracts for
maintenance of common area of apartment buildings and supervise maintenance
work according to Regulations on management and use of apartment buildings.
Maintenance of common area shall be performed by entities managing apartment
building operation or other competent entities in accordance with construction
laws;
dd) expedite and request apartment
building owners and users to adhere to apartment building management and use
rules, Regulations on management and use of apartment buildings; collect and
consolidate feedback, propositions of apartment building owners, users
regarding management, use, and apartment building services in order to cooperate
with authorities, relevant organizations, individuals in reviewing and
resolving;
e) cooperate with local
authorities and neighbourhoods in developing cultured lifestyle, maintain
social order and safety in apartment buildings;
g) adhere to regulations on
operation, revenue, expenditure of administration boards of apartment buildings
approved by apartment building meetings; not dismiss or include additional
members of apartment buildings;
h) assume legal reasonability to
apartment building owners and users upon failing to exercise rights and
responsibilities under this Clause;
i) adhere to resolving decisions
of competent authorities;
k) perform other tasks assigned by
the apartment building meetings that do not contradict the law.
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2. In respect of apartment
buildings with single owners, administration boards shall exercise
responsibilities under Points dd, e, g, h, i, k, and l Clause 1 of this
Article.
3. Decisions of administration
boards that exceed rights and responsibilities under this Law or operation
regulations of administration boards shall be illegitimate; if such decisions
exceed the powers for the purpose of establishing and conducting civil
transactions, actions shall be taken in accordance with the Civil Code; in case
of violation, depending on the nature and severity of violation, members of
administration boards shall be met with administrative penalties or criminal
prosecution; if damage is done, compensation as per the law shall be required.
4. If decisions of members of administration boards
are made as a result of power abuse or exceeding rights and responsibilities
under this Law and operation regulation of administration boards, such
decisions shall be illegitimate; violations shall, depending on nature and
severity, shall be met with administrative penalties or criminal prosecution;
if damage is done, compensation as per the law shall be required.
5. If administration boards are
terminated and new administration boards are not acknowledged, commune People’s
Committees where apartment buildings are located shall exercise
responsibilities of administration boards until new administration boards are
acknowledge.
1. In respect of apartment
buildings with elevators, entities capable of managing apartment building
operation shall be in charge. In respect of apartment buildings without
elevators, apartment building meetings shall manage apartment building
operation or hire competent entities to manage apartment building operation.
If developers of housing
investment and construction projects directly manage apartment building
operation, they must be capable of managing apartment building operation in
according with Article 150 hereof.
2. In case of apartment buildings
requiring managing entities in accordance with Clause 1 of this Article,
apartment owners and users are not allowed to separately hire different service
providers for managing apartment building operation. Entities managing
apartment building operation may sign contracts with service providers for
tasks relating to apartment building operation management but are responsible
for operation management under contracts signed with administration boards.
3. Entities managing apartment
building operation are allowed to manage operation of multiple apartment
buildings in one or multiple locales.
1. Entities managing apartment building operation
shall meet requirements below:
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b) They have technical, customer
service, security, fire safety, hygiene, environment departments and other
relevant departments for the performance of management services of apartment
building operation;
c) Managing individuals and
employees engaging in operation management of entities managing apartment
building operation must possess appropriate professional qualification in
fields of construction, electrical engineering, water engineering, fire safety
and firefighting, and operation of equipment associated with apartment
buildings and certificate of completion of training, refresher training for
professional knowledge and skills in managing apartment building operation.
2. Entities managing apartment
building operation shall only provide management services after obtaining
notice of eligibility for managing apartment building operation of competent
authority.
3. The Government shall elaborate
this Article.
1. Determination of management
service fees for apartment building operation shall be open, transparent, and
corresponding to tasks requiring management and services necessary for each
type of apartment buildings.
2. Management service fees for
apartment building operation shall not include premiums of fire insurance,
maintenance costs, vehicle tending costs, fuel costs, energy costs, domestic
water, television services, communication, wages for administration boards,
other service fees for services used by apartment buildings owners and users.
Management service fees for
apartment building operation shall be determined in Vietnamese currency and
calculated for every square meter of usable area of flats or other area in
apartment buildings.
3. In respect of apartment
buildings with multiple owners, management service fees shall be regulated as
follows:
a) If initial apartment building
meetings have not been held, management service fees shall conform to contracts
for housing purchase, lease purchase;
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4. In respect of apartment
buildings with single owners, management service fees shall conform to
agreement between apartment building owners and users under lease agreements;
in respect of apartment buildings under public ownership, management service
fees shall conform to Clause 7 of this Article.
5. In respect of mixed-use
apartment buildings, management service fees applicable to business and service
areas and private areas used as motor vehicle parking spaces shall be
determined as follows:
a) Management service fees
applicable to business and service areas shall be negotiated by the parties
depending on activities in business area and position of apartment buildings;
b) Management service fees
applicable to private area used as motor vehicle parking spaces shall be agreed
upon by the parties and may be lower than management service fees of flats in
the same apartment buildings.
6. In respect of apartment
buildings serving accommodation, management service fees applicable to private
area serving as motor vehicle parking spaces shall conform to Point b Clause 5
of this Article.
7. Provincial People’s Committees
are responsible for promulgating price range of management service fees for
cases below:
a) Collect management service fees
for apartment buildings under public ownership in provinces and cities;
b) Act as the basis for parties to
consult in negotiation of management service fees in respect of housing that
are not public housing or in case of disputes regarding management service fees
between entities managing apartment building operation and apartment building
owners, users; in case of failure to agree on management service fees, value
under price range stipulated by provincial People’s Committees shall be
applied.
1. In respect of flats and other
area in apartment buildings that developers of housing investment and
construction projects sell and lease-purchase, buyers and buyers/tenants shall
incur maintenance costs equivalent to 2% of value of flats, area for sale and
lease purchase; the maintenance costs shall be separate from sale, lease
purchase value of flats, other area in apartment buildings and clearly defined
under purchase, lease purchase agreements.
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3. If developers of housing investment and
construction projects sign contracts for purchase, lease-purchase of flats or
other area in apartment buildings before July 1, 2006 and have not charged
maintenance costs, apartment building owners shall hold meetings to agree on
payment rate for the maintenance costs; payments may be made on a monthly basis
to accounts in credit institutions or FBBs operating in Vietnam opened by
administration boards or on an case-by-case basis whenever maintenance is
required.
4. If developers of housing investment and
construction projects sign contracts for purchase, lease-purchase of flats or
other area in apartment buildings from July 1, 2006 to before the effective
date hereof and the contracts for purchase, lease-purchase of flats or other
area in apartment buildings do not include negotiation regarding maintenance
costs, developers of housing investment and construction projects shall incur
the maintenance costs; if purchase and lease purchase price under contracts for
purchase, lease purchase of flats and other area in apartment buildings does
not include maintenance costs, apartment building owners shall incur
maintenance costs under Clause 3 of this Article.
1. Developers of housing investment and
construction projects are responsible for opening accounts for managing
maintenance costs as follows:
a) Prior to signing
contracts for purchase, lease purchase of flats and other area in apartment
buildings, developers of housing investment and construction projects are
responsible for opening checking accounts in credit institutions or FBBs
operating in locales where apartment buildings are located to enable buyers and
buyers/tenants and developers of housing investment and construction projects
to submit maintenance costs in accordance with Article 152 hereof. Within 5
working days from the date on which accounts are opened, developers of housing
investment and construction projects shall notify provincial housing
authorities where the projects take place of name of account holders, number of
accounts, named of credit institutions, FBBs where accounts are opened, and
deposit term. Developers of housing investment and construction projects are
not allowed to request credit institutions and FBBs to use fundings submitted
by the parties to accounts opened in accordance with this Point of any other
purposes if maintenance costs have not been transferred to administration
boards.
If maintenance of
work items, equipment in common area of apartment buildings whose warranty has
expired is required during the period in which maintenance costs have not been
transferred to administration boards, developers of housing investment and
construction projects are responsible for using their expenditure to maintain
the work items and equipment while adhering to construction plan, maintenance
plans and procedures produced in accordance with construction laws. Upon
transferring maintenance costs to administration boards, developers of housing
investment and construction projects are eligible for refund of expenditure
used for the maintenance work as long as they produce specific reports and
maintenance plans, procedures, invoices, instruments proving the maintenance;
b) Upon signing contracts for
purchase, lease purchase of flats and other area in apartment buildings, the
parties shall state information on accounts opened in accordance with Point a
of this Clause in the contracts. Buyers and buyers/tenants shall, prior to
receiving flats and other area in apartment buildings, pay maintenance costs in
accordance with Article 152 hereof to accounts stated in the contracts, copy
and send verification of maintenance cost payment to developers of housing
investment and construction projects; failure to pay maintenance costs shall
result in the purchased, lease-purchased flats and other area not being
transferred; if developers of housing investment and construction projects
transfer anyway, the developers shall pay maintenance costs for these flats and
area.
2. The transfer of maintenance costs shall be
regulated as follows:
a) As soon as
decisions acknowledging apartment building administration boards are issued by
competent authority, administration boards are responsible for opening accounts
at credit institutions, FBBs operating in Vietnam to manage management costs
and requesting developers of housing investment and construction projects to
transfer collected maintenance costs in accordance with Clause 1 of this
Article;
b) Within 30 days
from the date on which written request is issued by administration boards,
developers of housing investment and construction projects and administration
boards shall settle maintenance costs to facilitate transfer of maintenance
costs in accordance with Regulations on management and use of apartment
buildings;
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d) Credit institutions and FBBs
are responsible for transferring maintenance expenditure in accordance with
Point c of this Clause to administration boards in accordance with data settled
by the parties. Costs that arise from the transfer maintenance expenditure transfer
shall be deducted from maintenance expenditure.
3. After transferring maintenance
expenditure to administration boards, developers of housing investment and
construction projects are responsible for closing accounts as per the law and
notifying provincial housing authorities of provinces where apartment buildings
in question are located in writing.
4. If apartment buildings generate revenues in form
of services provided in common area, the revenues shall be deposited to
accounts for maintenance expenditure opened by administration boards or
individuals assigned to manage maintenance expenditure if establishment of
administration boards is not required.
Revenues under this Clause and interests of
maintenance expenditure shall be used for maintenance of apartment buildings.
1. If developers of housing
investment and construction projects fail to transfer maintenance expenditure
in accordance with Clause 2 Article 153 hereof, administration boards shall
request district People’s Committees where apartment buildings in question are
located to request developers of local housing investment and construction
projects to transfer maintenance expenditure.
2. Within 15 days from the date on
which written request sent by administration boards, district People’s
Committees shall request developers of housing investment and construction
projects in writing to transfer maintenance expenditure to administration
boards.
3. Within 10 days from the date on
which written request sent by district People’s Committees is received and
developers of housing investment and construction projects fail to transfer
maintenance expenditure, district People’s Committees are responsible for
promulgating decisions on enforcement and collecting maintenance expenditure in
order to transfer to administration boards.
If developers of housing
investment and construction projects show signs of criminal activities during
enforced transfer of maintenance expenditure, district People’s Committees
shall send written request, relevant documents and proof to competent
investigating authority.
4. The Government shall elaborate
this Article.
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2. The use of maintenance
expenditure shall be accompanied by invoices, instruments, and reported to
apartment building meetings.
3. If maintenance expenditure has
been depleted, apartment building owners are responsible for incurring
maintenance expenditure upon performing maintenance according to plans approved
by apartment building meetings or irregular maintenance.
4. If separate areas of different
occupancies in mixed-use apartment buildings such as flats, business and
service contain common areas that are physically separate from common areas of
apartment buildings and managed and operated independently, developers of
apartment building investment and construction projects and buyers,
buyers/tenants of flats or other areas in apartment buildings shall negotiate
distribution of maintenance expenditure into multiple parts for management and
use.
Negotiation on distribution of
maintenance expenditure under this Clause shall be determined by percentage of
floor area of each occupancy in the apartment buildings over total floor area
of the apartment buildings.
5. Management of maintenance
expenditure under Clause 4 of this Article shall be implemented as follows:
a) In respect of maintenance
expenditure of apartment buildings and common areas of flats, the expenditure
shall be transferred to accounts opened by administration boards in accordance
with Point a Clause 2 Article 153 hereof;
b) In respect of maintenance
expenditure of service and business occupancies, owners of these occupancies
shall manage and use the expenditure to maintain the common areas of these
occupancies.
6. In respect of apartment buildings where
administration boards are not required according to this Law, apartment
building owners and users shall assign representatives to manage and decide on
the use of maintenance expenditure.
1. Technical infrastructures of apartment building
vicinity built and invested in projects and to be transferred to the government
or local authority or under management of developers of housing investment and
construction projects following project completion shall be identified in
investment guidelines or approved projects.
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1. Developers of housing investment and
construction projects shall send written request for transfer and technical
infrastructure dossiers of apartment building vicinity to competent authority.
2. Agencies receiving transferred technical
infrastructures of apartment building vicinity are responsible for receiving
technical infrastructures for management, operation, use; the transfer and
receipt shall be recorded in writing.
3. During periods in which technical
infrastructures of apartment building vicinity have not been transferred,
developers of housing investment and construction projects are responsible for
maintaining, managing operation, and operating in accordance with approved
projects.
1. In respect of technical infrastructures in
apartment building vicinity to be transferred, receiving agencies shall manage,
operate, and use in accordance with objectives and occupancies of the
structures, maintain accordance with construction laws, and ensure normal
operation of the technical infrastructures.
The Government is responsible for allocating state budget
for managing operation, maintenance, and use of technical infrastructures in
apartment building vicinity that the government or local authority has
received.
2. In respect of technical infrastructures in
apartment building vicinity that are not required to be transferred, developers
of housing investment and construction projects are responsible for managing,
operating, and maintaining in accordance with objectives, occupancies of the
structures, in accordance with the laws and agreement with apartment building
owners, users and ensuring normal operation of these structures.
Housing transactions consist of sale, purchase,
lease purchase, rent, gifting, swap, inheritance, mortgage, capital
contribution, lending, lodging, authorization for housing management.
1. Sale, lease purchase, gifting, swap,
inheritance, mortgage, capital contribution in form of houses shall meet
requirements below:
a) Certificate has been issued for the houses as
per the law, except for cases under Clause 2 of this Article;
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c) Term of house ownership is not expired;
d) The houses are not distained for judgment
implementation or compliance with legally effective administrative decisions of
competent authority or not subject to temporary emergency measures or
preventive measures according to decisions of the court or competent authority;
dd) The houses are not subject to decisions on land
expropriation, notice on clearance, demolition of competent authority;
e) Requirements under Point b and Point c of this
Clause do not apply to purchase, lease purchase of off-plan housing.
2. Certificate is not required in housing
transactions below:
a) Purchase, lease purchase, mortgage of off-plan
housing; housing sale in case of dissolution, bankruptcy;
b) Gifting of charity houses;
c) Purchase, lease purchase of the following
existing houses of developers of housing investment and construction projects:
public housing, social housing, housing for people’s armed forces, relocation
housing that are not under public ownership;
d) Lease, lending, lodging, and authorization for
housing management;
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Documents proving requirements of houses in
transactions under this Clause shall conform to regulation of the Government.
3. In respect of houses for lease, in addition to
requirements under Points c, d, and dd Clause 1 of this Article, houses shall
also meet quality and safety requirements for tenants, be fitted with power,
water supply, water drainage system, and ensure environmental hygiene unless
otherwise agreed upon by the parties.
1. Sellers, sellers/landlords, landlords, parties
gifting, swapping, bequeathing, pledging, contributing capital, lending,
lodging, authorizing housing management shall meet requirements regarding
subjects of transaction in accordance with civil laws.
2. Individual buyers, buyers/tenants, parties
receiving gifted, swapped, bequeathed, mortgaged, contributed capital,
borrowing, boarding, being authorized to manage houses shall meet requirements
regarding subjects of transactions in accordance with civil laws and
regulations below:
a) In case of domestic individuals, residence
registration in locales where housing transactions take place is not required;
b) In case of foreign individuals or overseas
Vietnamese, eligibility for house ownership in Vietnam according to this Law
must be met whereas residence registration in locales where housing
transactions take place is not required. Overseas Vietnamese shall also conform
to Land Law.
3. Organizations buyers, buyers/tenants, tenants,
parties receiving gifted, swapped, bequeathed, mortgaged, contributed capital,
borrowing, boarding, authorized for housing management shall meet requirements
regarding subjects of transactions in accordance with civil laws and are not
dependent on location of business registration and establishment; foreign
organizations must also be eligible for house ownership in Vietnam according to
this Law; organizations authorized for housing management must also provide
real estates trading services and are currently operating in Vietnam in
accordance with real estates trading laws.
1. Parties to housing transactions shall produce
contracts for purchase, lease purchase, lease, gift, swap, mortgage, capital
contribution, lending, lodging, housing management authorization (hereinafter
referred to as “housing contracts”) containing details under Article 163
hereof; in case of gifting charity houses, only gifting agreement is required.
2. The parties shall agree and assign one party to
submit request for certificate to competent authorities; in respect of purchase
and lease purchase of houses of project developers, project developers are
responsible for requesting competent authority to issue certificate to buyers
and buyers/tenants unless buyers and buyers/tenants voluntarily request the
certificate.
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Housing contracts shall be agreed upon by the
parties, recorded in writing, and contain:
1. Full name of individuals, name of organizations,
and address of the parties;
2. Description of houses and plots associated with
said houses.
In respect of contracts of purchase, lease purchase
of apartment flats, the parties shall dictate common area and private area;
lifespan of apartment buildings according to design dossiers; useable area in
private area; floor area of flats; useable area of common area, in apartment
buildings by use purposes; management service fees for apartment building
operation if initial apartment building meetings have not been held;
responsibilities for paying maintenance expenditure, amount of maintenance
expenditure, and accounts for maintenance expenditure payment;
3. If capital contribution or housing transaction
value has been dictated by contracts or, in case of purchase or lease purchase
or lease, stipulated by the Government, the parties must adhere to said
regulations and stipulations;
4. Payment deadline and methods in case of
purchase, lease purchase, lease of houses;
5. Time limit for transferring and receiving
houses; warranty period in case of purchase, lease purchase of new built
houses; term of lease purchase, lease, mortgage, lending, lodging,
authorization for housing management; term for capital contribution; term of
ownership in case of term housing purchase;
6. Rights and obligations of the parties.
In case of housing lease purchase, rights and
obligations of the parties regarding repair of damage to houses during lease
purchase process must be stated;
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8. Other agreements;
9. Effective date of the contracts;
10. Date of signing the contracts;
11. Signatures and full name of the parties or
seals (if any) and positions of signing individuals in case of organizations.
1. In case of housing purchase, lease purchase,
gifting, swap, capital contribution, mortgage, notarization or certification of
contracts shall be required except for cases under Clause 2 of this Article.
In respect of transactions under this Clause,
effective date of the contracts shall be the date on which notarization or
certification is done in accordance with notarization and certification laws.
2. In respect of gifting of charity houses;
purchase, lease purchase of public housing; purchase, lease purchase of houses
where either party is an organization, such as: social housing, housing for
people’s armed forces, relocation housing; capital contribution in form of
houses where either party is an organization; lease, lodging, authorization for
housing management, notarization and certification of contracts shall not be
required unless specified by the parties.
In respect of transactions under this Clause,
effective date of the contracts shall be negotiated by the parties or the date
on which the contracts are signed.
3. Written housing inheritance certified or
notarized in accordance with civil laws.
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1. The sale and purchase of houses shall be written
into contracts compliant with Article 163 hereof. The parties may negotiate in
accordance with Clause 2 of this Article regarding the fact that the sellers
sell houses in a definite period to the buyers.
2. Parties to housing sale and purchase
transactions shall negotiate on:
a) Period in which the buyers own houses; rights
and obligations of the buyers during time limit for housing ownership;
responsibilities for registering and applying for certificate for the buyers.
If the parties negotiate on whether the buyers are
allowed to sell, gift, bequeath, contribute capital in form of houses during
time limit for housing ownership, parties receiving contribution shall only
possess houses within the time limit specified in certificate issued to the
sellers, parties gifting, bequeathing, contributing capital;
b) The transfer of houses and individuals receiving
transferred houses at the end of time limit for ownership;
c) The processing of certificate at the end of time
limit for ownership and responsibilities of the parties in implementation of
housing sale contracts;
d) Other agreements.
3. If housing transactions contain negotiated time
limit for ownership, competent agencies issuing certificate shall specify time
limit for housing ownership in the certificate.
In case of term housing sale and purchase in
accordance with Clause 1 Article 165 hereof, the handling shall be regulated as
follows:
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2. Once time limit for housing ownership expires,
certificate issued to the buyers shall be illegitimate. Housing ownership shall
be transferred back to the sellers.
The sellers or legal heirs thereof shall request
competent authority to issue certificate for the houses. Procedures for issuing
certificate under this Clause shall conform to land laws;
3. If initial owners are organizations that have
gone bankrupt, dissolved, or terminated, houses of these organizations shall be
handled in accordance with bankruptcy, dissolution, or termination laws
respectively and ownership of these houses shall be transferred to individuals
and organizations eligible for ownership in accordance with bankruptcy,
dissolution, or termination laws.
If initial owners are individuals who have died
without heirs or have heirs refusing to receive the houses, ownership of these
houses shall be established in accordance with the Civil Code;
4. During periods in which house ownership is being
determined, organizations and individuals that are managing the houses shall
continue to manage the houses without exercising rights of owners; the transfer
of houses shall be done within 3 months from the date on which ownership of the
houses is determined.
1. Sale and purchase of houses by instalments shall
be negotiated by the parties and specified in housing sale contracts. During
period of instalment payment, the buyers have the right to use houses and
responsibility to maintain the houses unless warranty period of the houses has
not expired in accordance with this Law or the parties agree otherwise.
2. Buyers that pay in instalments are only allowed
to sell, gift, swap, mortgage, contribute capital in form of the houses that
they buy after they have adequately paid housing payment unless otherwise
agreed on by the parties.
If organizations buying houses by instalments go
bankrupt, dissolve, or terminate during instalment process, rights and
obligations of the buyers shall conform to bankruptcy, dissolution, or
termination laws.
If individuals buying houses by instalments die
during instalment process, legal heirs shall exercise rights and obligations of
the buyers and obtain certificate issued by competent authority after settling
all payments.
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1. If owners sell houses that are currently being
leased, they must inform the tenants in writing about the sale and sale
eligibility; the tenants shall be priorized to purchase if they have paid rent
adequately up until the date on which the buyers announce the sale of leased
houses unless otherwise stipulated under the Civil Code. Within 30 days from
the date on which the tenants receive the notification and decide not to
purchase, house owners have the right to sell the houses to other buyers unless
the parties negotiate on other time limit.
2. The sale of public housing that are currently
being leased shall conform to Section 2 Chapter VIII hereof.
Article 169. Priority housing purchase
If parties have signed housing purchase agreements
and the Government needs to purchase the house for national defense and
security or national interests or state of emergencies or natural disaster
preparedness, Chairpersons of provincial People’s Committee shall decide on
priority purchase of the houses. Costs, requirements, and methods of housing
payment shall conform to contracts signed by the parties. The Government shall
compensate for damage sustained by the parties (if any). Housing purchase
agreements signed by the parties shall be no longer legitimate.
1. Landlords and tenants shall negotiate on lease
term, rent, and payment methods of periodic payment or lump-sum payment; if the
Government has stipulated rent regulations, the parties shall conform to said
regulations.
2. If landlords renovate houses with consent of the
tenants and the remaining rent term does not exceed one-thirds of the duration
of lease agreements, the landlords have the right to adjust rent. New rent
shall be negotiated by the parties; in case of failure to negotiate a new rent,
the landlords have the right to unilaterally terminate lease agreements and
must pay reparations for the tenants as per the law.
3. Landlords and tenants shall have their
legitimate rights and benefits preserved by the Government during rental
process.
4. Tenants have the right to sublet their rental
property if the landlords agree.
1. In respect of rental public housing, termination
of lease agreements shall be implemented when any of the circumstances detailed
in Clause 1 Article 127 hereof takes place.
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a) Lease agreements expire; or in case of
indefinite term lease agreements, the lease agreements expire in 90 days from
the date on which the tenants inform the landlords about termination of lease
agreements;
b) The parties agree to terminate lease agreements;
c) Leased property no longer exists;
d) Tenants that are individuals die or are declared
missing by the court without cohabitants at the time of death or missing;
dd) Tenants that are organizations dissolve, go
bankrupt, or terminate operation;
e) Leased property is severely damaged, prone to
collapse or located in areas subject to decision on land expropriation, seizure
of property or demolition of competent authority; leased property is forcefully
purchased or expropriated by the Government for other purposes.
Landlords must inform the tenants in writing at
least 30 days in advance about termination of lease agreements under this Point
except for force majeure or other agreements by the parties;
g) Cases under Article 172 hereof take place.
1. Within rent term under agreements, the landlords
must not unilaterally terminate lease agreements and repossess leased property
except in cases under Clause 2 of this Article.
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a) The landlords lease public housing, social
housing, housing for people’s armed forces, worker housing in industrial parks
in a manner that does not respect entitlement, eligible entities, or eligibility
in accordance with housing laws; or
b) The tenants fail to pay rent in accordance with
lease agreements for at least 3 months without justifiable reasons agreed upon
in lease agreements; or
c) The tenants fail to use leased property for the
purposes defined in the lease agreements; or
d) The tenants intentionally reshape, expand,
renovate, demolish leased property without permission; or
d) The tenants repurpose, lend, sublet leased
property without consent of the landlords; or
e) The tenants fail to rectify after being
reprimanded in writing for the third time by the landlords or heads of
neighbourhoods, hamlets, villages for causing loss of order, environmental
hygiene, or seriously impacting daily activities of other people; or
g) Cases under Clause 2 Article 170 hereof take
place.
3. Tenants have the right to unilaterally terminate
lease agreements when:
a) The landlords fail to repair severe damage; or
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c) The right to use of houses is limited by
benefits of a third party.
4. The party that unilaterally terminates lease
agreements must notify the other party in writing or in other forms at least 30
days in advance unless otherwise agreed upon by the parties; violation of this
Clause that causes damage shall be met with compensations as per the law.
1. If house owners decease before rent term
expires, the tenants are allowed to continue renting until contract term
expires. Heirs are responsible for continuing previously signed lease
agreements unless otherwise agreed upon by the parties. If owners do not have
legitimate heirs, regulations of the Civil Code shall be adhered to>
2. If house owners transfer ownership of leased
houses to other individuals before expiry of lease term, the tenants are
eligible for continued rent until expiry of lease agreements; new house owners
are responsible for continuing implementation of previously signed lease
agreements unless otherwise agreed upon by the parties.
3. If tenants die before expiry of rent term,
cohabitants of the tenants shall continue rent until expiry of lease agreements
unless rented property is official housing or the parties agree otherwise or
the law stipulates otherwise.
1. Lease purchase of houses shall be written into
contracts compliant with Article 163 hereof; in respect of lease purchase of
houses invested and built by organizations and individuals, lease purchase
agreements shall be signed between the organizations, individuals and the
buyers/tenants; in respect of lease purchase of public housing, lease purchase
agreements shall be signed in accordance with Point a and Point b Clause 3
Article 126 of hereof.
2. Upon expiry of lease purchase term according to
contracts and the buyers/tenants have settled all lease purchase payment
according to agreement, sellers/landlords shall request competent authority to
issue certificate for the buyers/tenants unless the buyers/tenants choose to
apply for the certificate.
1. Buyers/tenants shall conform to this Law and
exercise other rights and obligations under lease purchase agreements.
If lease purchase agreements are terminated after
buyers/tenants have received houses, the buyers/tenants shall return the houses
to the sellers/landlords; the buyers/tenants are eligible for a refund of
initial payment, except for cases detailed under point d Clause 2 of this
Article, Point e and Point h Clause 1 Article 127, Points a, b, c, d, and dd
Clause 2 Article 176 hereof.
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a) If legitimate heirs also live in the same house,
the legitimate heirs shall be eligible for lease purchase of the house unless
they voluntarily return the lease-purchased house;
b) If legitimate heirs are present but not living
in the same house whereas the buyers/tenants have fulfilled at least two-thirds
the lease purchase term, the legitimate heirs may settle remaining payments and
apply for certificate for the house; in respect of rental social housing,
housing for people’s armed forces, if tenants/buyers have not fulfilled two-thirds
of lease purchase term, legitimate heirs that are individuals under Article 76
hereof may continue with lease purchase process and exercise obligations of
buyers/tenants under previously signed contracts;
c) If legitimate heirs do not fall under cases
detailed under Point a and Point b of this Clause, sellers/landlords have the
right to repossess houses and the legitimate heirs are eligible for a refund of
the initial payment incurred by the buyers/tenants and interests thereof in
accordance with regulations on non-term interbank rates at the time of refund;
d) If no legitimate heirs are present, initial
lease purchase payment shall be collected by the Government in accordance with
the Civil Code, the sellers/landlords have the right to repossess the houses in
order to enter into lease purchase agreements with entities eligible for
renting, lease-purchasing houses in accordance with this Law.
1. In respect of lease purchase of public housing,
termination of lease purchase agreements and repossession of these houses shall
be implemented in the event of situations under Points a, c, e, g, and h Clause
1 Article 127 hereof.
2. In respect of lease purchase of social housing,
housing for people’s armed forces that are not public property, the
sellers/landlords may terminate lease purchase agreements and repossess the
houses when:
a) The buyers/tenants deliberately lease or sell
lease-purchased houses to other people without permission during lease purchase
term;
b) The buyers/tenants are deemed ineligible for
lease purchase in accordance with this Law after signing lease purchase
agreements;
c) The buyers/tenants fail to pay rent in
accordance with lease purchase agreements for at least 3 months without
justifiable reasons agreed upon in lease purchase agreements;
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dd) The buyers/tenants use houses in purposes other
than those agreed upon in lease purchase agreements;
e) Cases under Point c and Point d Clause 2 Article
175 hereof apply;
g) Other cases under Clause 3 of this Article
apply.
3. Buyers/tenants other than those specified under
Clause 1 and Clause 2 of this Article may terminate lease purchase agreements
as per the agreements; if they have received houses, they must return the
houses to the sellers/landlords.
1. The gifting of houses under joint ownership is
regulated as follows:
a) If houses under tenancy by the entirety are
gifted, written consent of all owners shall be required;
b) If houses under tenancy in common are gifted,
owners are only allowed to gift their share in houses under tenancy in common.
2. The gifting of leased houses is regulated as
follows:
a) Owners of leased houses must inform the tenants
in writing at least 30 days in advance about the gifting;
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3. The housing gifting in other situations shall
conform to civil laws and other relevant law provisions.
1. Swap of houses under joint ownership is
regulated as follows:
a) If houses under tenancy by the entirety are
swapped, written consent of all owners shall be required;
b) If houses under tenancy in common are swapped,
owners are only allowed to swap their share in houses under tenancy in common.
2. The swap of leased houses is regulated as
follows:
a) Owners of leased houses must inform the tenants
in writing at least 30 days in advance about the swap;
b) The tenants may continue rent until expiry of
lease agreements signed with the previous owners unless otherwise agreed upon
by the parties;
c) Following the swap and transfer of ownership,
any difference in housing value shall be settled by the parties unless
otherwise agreed upon by the parties.
3. The housing swap in other situations shall
conform to civil laws and other relevant law provisions.
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a) Owners or developers of residential real estate
investment and construction projects have the right to contribute capital in
form of houses to engage in lines of business not prohibited by the law
respective to the type of houses. Capital contribution in form of houses shall
be made via contracts compliant with Article 163 hereof;
b) Houses contributed as capital must be existing
houses and compliant with Clause 1 Article 160 hereof.
2. Contribution of houses under joint ownership:
a) If houses under tenancy by the entirety are
contributed for capital, written consent of all owners shall be required;
b) If houses under tenancy in common are
contributed for capital, owners are only allowed to swap their share in houses
under tenancy in common.
3. Capital contribution in form of leased houses:
a) Owners of leased houses must inform the tenants
in writing at least 30 days in advance about the capital contribution in form
of houses;
b) The tenants may continue rent until expiry of
lease agreements signed with the contributing parties unless otherwise agreed
upon by the parties.
4. The capital contribution in form of houses in
other situations shall conform to civil laws and other relevant law provisions.
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2. Lending, lodger agreements shall be terminated
when:
a) Lending, lodging period expires; or
b) Houses for lend, lodging no longer exists; or
c) Individuals borrowing, lodging houses decease or
are declared missing by the court; or
d) Organizations borrowing, lodging houses
dissolve, go bankrupt, or terminate operation; or
dd) Houses for lend, lodging are prone to collapse
or subject to seizure, demolition or land expropriation of competent state
authority; or
e) Other cases agreed upon by the parties apply.
1. House owner is an organization entitled to
mortgage its house at a credit institution operating in Vietnam.
2. House owner is an individual entitled to
mortgage his/her house at a credit institution, or an economic organization
operating in Vietnam or individuals as per the law, except for cases under
Clause 3 of this Article.
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1. House owners have the right to mortgage leased
houses as long as they inform the tenants in advance in writing about the
mortgage and inform the mortgagees in writing about the lease. The tenants may
continue rent until expiry of lease agreements, unless otherwise agreed upon by
the parties.
2. If leased houses are seized for the performance
of obligations of the mortgagors, the tenants may continue rent until expiry of
lease agreements, unless the tenants violate Clause 2 Article 172 hereof or
otherwise agreed upon by the parties.
1. Developers of housing investment and
construction projects may, in part or in whole, mortgage projects or houses in
the projects at credit institutions operation in Vietnam to apply for loans to
invest in the projects or build houses; mortgage on projects or housing shall
also include mortgage on land use right.
2. If developers of housing investment and
construction projects have partially or entirely mortgaged projects or houses
and wish to mobilize capital in accordance with housing laws or wish to sell,
lease-purchase the houses, mortgage on partial or entire projects or houses and
land use right must be paid off prior to signing contracts for capital
mobilization, sale, lease purchase of housing with customers, except for cases
under Point b Clause 3 and Point a Clause 4 Article 88 hereof.
Whether the mortgage on houses has been paid off
prior to the signing of contracts for sale, lease purchase of housing with
customers under this Clause shall be specified Certificate of conformity to
sell issued by provincial housing authorities where the houses are located.
Project developers are responsible for providing customers with Certificate of
conformity to sell upon signing contracts for sale, lease purchase of housing. In
case of capital mobilization, project developers must provide contributing
parties with document on mortgage redemption of credit institutions upon
signing capital contribution contracts.
3. Organizations, individuals building off-plan
houses on their lawful plots; organizations, individuals buying off-plan houses
in housing investment and construction projects from investors are entitled to
mortgage that houses at credit institutions operating in Vietnam in order to
apply for loans to build, buy, renovate the houses.
1. Requirements for mortgage on housing investment
and construction projects and off-plan housing:
a) In case project developers of housing investment
and construction projects mortgage, in part or in whole, the projects, approved
dossiers on the projects, technical design and the Certificate or Decision on
land allocation or land lease issued by the competent agency are required;
b) In case project developers mortgage off-plan
houses in the projects, they are 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 construction laws and it is not
subject to the part or all of the projects which is mortgaged by the project
developers as prescribed in Point a of this Clause, unless the mortgage has
been redeemed;
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If organizations, individuals mortgage off-plan
houses purchased from developers of housing investment and construction
projects, housing sale agreements signed with the project developers, documents
on transfer of housing sale agreements if they receive the transferred housing
sale agreements, proof of payments of the house on contractual schedule shall
be required and the organizations and individuals are not subject to disputes,
complaints, lawsuits regarding housing sale agreements or documents on transfer
of housing sale agreements in accordance with dispute, complaint, lawsuit
handling laws.
2. Requirements for mortgage on partial or total
housing investment and construction projects and mortgage on off-plan housing
shall conform to this Law; mortgage on partial or total housing investment and
construction projects or mortgage on off-plan housing that does not conform to
this Law shall be illegitimate.
1. Handling of houses subject to existing mortgage,
including off-plan houses, shall conform to this Law, civil laws, and other
relevant law provisions.
2. Handling of partial or entire housing investment
and construction projects subject to existing mortgage shall conform to civil
laws and other relevant law provisions; organizations receiving transfer of the
partial or entire projects must be eligible to act as developers of housing
investment and construction projects and shall adopt procedures for transfer of
partial or entire housing investment and construction projects in accordance
with this Law and other relevant law provisions.
1. Housing management authorization means the house
owners authorize other organizations or individuals to exercise rights and
fulfil obligations of owners pertaining to management and use of housing over
the duration of authorization. The authorization is only available for existing
houses.
2. The scope of housing management authorization
shall be agreed by contracting parties and stated in authorization agreement in
accordance with civil laws.
3. Authorizing parties shall incur administrative
expense, unless otherwise agreed upon by the parties.
1. In respect of authorization for management of
houses under tenancy by the entirety, consent of all owners shall be required.
2. In respect of authorization for management of
houses under tenancy in common, owners are only allowed to authorize other
organizations, individuals to manage their share in houses under tenancy in
common without affecting benefits of other owners and must inform other owners
about authorization for management of their share.
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1. Develop Strategy for national
housing development and direct, coordinate implementation of housing development
strategies, projects, programs, plans.
2. Promulgate and organize
implementation of legislative documents on housing, housing development and
management regulations, policies.
3. Develop and promulgate
technical standards, regulations, housing classification, and housing quality
control; apartment building classifications
4. Appraise details pertaining to
houses in decision or approval of investment guidelines of housing investment
and construction projects; decision on developers of housing investment and
construction projects.
5. Manage housing dossiers; manage
public housing fund; manage housing investment and construction projects.
6. Inspect, inventory, and develop
information database on housing; manage, operate, use, and add to information database
on housing.
7. Study and apply science,
technology, popularize housing laws.
8. Provide training and advanced
training for personnel appropriate to housing development and management
demands.
9. Manage public services
pertaining to houses; promulgate price range for rent of social housing,
housing for people’s armed forces, worker housing in industrial parks, public
housing.
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11. Implement international cooperation in housing.
1. The Government shall perform
joint housing management on a nationwide level.
2. The Ministry of Construction
shall act as liaison with the Government in performing joint housing
management.
3. Ministries, ministerial
agencies shall, within their tasks and powers, exercise housing management
responsibilities and cooperate with Ministry of Construction in performing
housing management.
4. People’s Committees of all
levels shall, within their tasks and powers, perform housing management on a
local scale.
1. Take charge in developing and
submitting legislative documents, strategies, and schemes pertaining to housing
to the Government and Prime Minister.
2. Develop and request competent
authority to issue or issue regulations, policies mobilizing resources for
housing investment and development; housing development programs, schemes,
projects according to tasks assigned by the Government and Prime Minister and
guide, examine, inspect, implement following approval. Develop and request the
Government to promulgate or promulgate regulations elaborating and guiding
implementation of Article 198 hereof.
3. Identify basic indicators
regarding housing development in socio-economic development tasks from time to
time appropriate to Strategy for national housing development. Stipulate
specific regulations on funding for provincial housing development programs and
plans.
4. Promulgate and organize implementation of
legislative documents on housing within their competent; promulgate standards
and technical regulations on houses, worker housing in industrial parks;
promulgate sample contracts for sale, lease purchase, lease of social housing,
relocation housing, public housing.
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a) Develop and request the Prime Minister to
promulgate standards, norms of official housing, submit list of entities
eligible for official housing in accordance with this Law to the Prime Minister
for decision;
b) Appraise or provide feedback regarding official
housing demand and official housing development plans in accordance with this
Law;
c) Establish, manage operation, and arrange lease of
official housing of central government authority according to assignment of the
Prime Minister.
6.
Guide inspection and evaluation of factors for the purpose of determining
apartment building quality in accordance with this Law and construction laws.
7. Appraise details pertaining to
housing in respect of housing investment and construction projects under
entitlement to management and approval of investment guidelines of the Prime
Minister.
8. Approve or request the Prime
Minister to approve repurposing of houses in accordance with this Law.
9. Inspect reservation of land fund and conformity
thereof for development of social housing, worker housing in industrial parks,
housing for people’s armed forces in planning under Article 32 hereof; examine
provincial housing development programs and plans in accordance with this Law.
10. Rely on Strategy for national housing
development and practical situations to develop and request the Prime Minister
to decide on national target programs providing support for housing and social
housing development for entities under Article 76 hereof; coordinate
implementation of national target programs providing support for housing and
social housing development.
11. Manage houses and store public
housing dossiers of central government authority in accordance with this Law.
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13. Study and apply science,
technology, popularize housing laws. Provide training and advanced training
regarding housing development and management within their management scope.
14. Regulate framework program for
training and advanced training regarding management of apartment building operation.
Publicize list of entities eligible for management of apartment building
operations on websites of Ministry of Construction.
15. Guide, expedite, inspect,
examine, handle disputes, complaints, lawsuits, and violation of housing laws
within competence.
16. Implement international
cooperation in housing.
17. Implement other tasks in
housing sector assigned by this Law or by the Government, the Prime Minister.
1. Construction inspectorate
affiliated to the Ministry of Construction, provincial housing authority shall
perform housing inspection in accordance with inspection laws.
2. The Ministry of Construction is
responsible for coordinating and organizing specialized housing inspection on a
nationwide scale. Provincial housing authority is responsible for organizing
specialized housing inspection on a local scale.
1. Public officials and public
employees working housing management and development fields of all levels and
sectors must participate in training, advanced training courses for housing
development and management.
2. The Minister of Construction
shall promulgate programs and contents of training, advanced training for
housing development and management for public officials and public employees
working in housing sectors on a nationwide scale.
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2. Disputes regarding ownership
and use right of houses of organizations and individuals, disputes relating to
housing transaction, management of apartment building operation shall be
handled by courts and trade arbitrations as per the law.
3. Disputes regarding management
and use of public housing shall be handled as follows:
a) Provincial People’s Committees
shall handle disputes relating to houses under management of local government;
b) The Ministry of Construction
shall handle disputes relating to houses under management of central
government, except for those under management of the Ministry of National
Defense or Ministry of Public Security;
c) The Ministry of National
Defense and Ministry of Public Security shall handle disputes relating to
houses under management of respective ministry;
d) The courts shall handle
disputes in accordance with administrative proceeding laws.
4. Disputes regarding management
service fees for apartment building operation, management and use of
maintenance expenditure shall be handled by district People’s Committees where
the houses in question are located or the courts, commercial arbitration as per
the law.
5. The Government shall elaborate
Clause 3 of this Article.
Organizations,
individuals committing housing violations shall be met with disciplinary
actions, administrative penalties, or criminal prosecution and make
compensation for damage caused depending on nature and severity of the
violations.
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“1. Depending on approved or decided planning
in accordance with planning laws, ministries, ministerial agencies, provincial
People’s Committees shall develop investment development plans and organize
construction of technical infrastructures, social infrastructures outside of
industrial parks, export-processing zones, hi-tech zones, functional areas in
economic zones; in respect of industrial parks where worker housing is built,
regulations under the Law on Housing.”.
2. Amend Clause 4 Article 3 of the Law on Public
Investment No. 39/2019/QH14 amended by the Law No. 64/2020/QH14, Law No.
72/2020/QH14, and Law No. 03/2022/QH15:
“4. The management and use of Government
investment in enterprises shall conform to regulations on management and use of
government investment in production and business operations in enterprises.
Decision on investment guidelines, and decision on investment and construction
of official housing and purchase of residential real estate for use as official
housing shall conform to the Law on Housing.”.
1. [4] This
Law comes into force from August 1, 2024.
2. The Law on
Housing No. 65/2014/QH13 amended by the Law No. 40/2019/QH14, Law No.
61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No.
03/2022/QH15 expire from the effective date hereof, except for cases detailed
under Point b Clause 1, Points a, c, dd, e, and g Clause 2, Clause 3, Points a,
b, c, d, dd, and e Clause 5 Article 198 hereof.
3. Houses under
ownership of the government mentioned under legislative documents on housing
promulgated before the effective date hereof are deemed public housing.
1. Carried over regulations in respect of
provincial housing development programs and plans approved before the effective
date hereof:
a) Continue to conform to approved provincial
housing development programs and plans; if amendment is required, regulations
under this Law shall be adhered to, except for cases under Point b of this
Clause.
If provincial People’s Councils approve provincial
housing development programs before the effective date hereof and provincial
People’s Committees have not approved the programs as of the effective date
hereof, approval shall be granted in accordance with programs approved by the
People's Councils. If provincial People’s Committees have approved provincial
housing development programs and have not approved provincial housing
development plans, provincial housing development plans shall be developed and
approved in accordance with this Law; if provincial housing development plans
do not conform to approved provincial housing development programs, the
programs shall be revised in accordance with this Law;
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2. Transition regulations on housing development:
a) In respect of housing and urban investment
development projects where provincial People’s Committees issue documents
identifying areas, locations where transfer of land use right is allowed for
private housing construction as per the law, said documents shall be adhered
to;
b) In respect of housing and urban area investment
and construction projects that are at project developer selection phase where
competent authority has not issued documents on selection of project developers
as of the effective date hereof, project developers shall be selected in
accordance with this Law, except for cases under Point a Clause 3 and Point d
Clause 5 hereof;
c) In respect of social housing investment and
construction projects, apartment building renovation and reconstruction
projects where competent authority has decided or approved investment
guidelines, approved project investment, approved projects before the effective
date hereof, project developers shall continue to benefit from incentives under
written decision and approval unless this Law or new legislative documents
dictate a higher incentives at which point project developers shall benefit
from the new incentives for the remainder of investment projects;
d) If multiple investors receive approval for
investment guidelines simultaneously as investor approval and are applying for
project developer acknowledgement at which point competent authority has not
promulgated written approval of project developers in accordance with housing
laws before the effective date hereof, regulations under this Law shall be
adhered to;
dd) In respect of official housing investment and
construction projects where investment decisions have been issued before the
effective date hereof, the written decisions shall be adhered to;
e) In respect of housing investment and
construction projects serving relocation where competent authority has decided
or approved investment guidelines, approved project investment, and/or decided
on project approval before the effective date hereof, written decision and
approval shall be adhere to;
g) In respect of single-family houses of households
and individuals under Clause 2 Article 46 of the Law on Housing No.
65/2014/QH13 amended in accordance with the Law No. 40/2019/QH14, Law No.
61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No.
03/2022/QH15, if certificate has been issued to each flat in the houses, owners
of these flats shall continue to exercise rights and obligations of house
owners in accordance with housing laws before the effective date hereof.
If houses under this Clause satisfy requirements
according to housing laws and other relevant laws before the effective date
hereof and has not been issued with certificate as of the effective date
hereof, households and individuals may apply for certificate in accordance with
housing laws before effective date hereof and land laws.
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3. Transition regulations regarding apartment
building renovation and reconstruction:
a) In respect of apartment
building renovation and reconstruction projects that are at project developer
selection phase where competent authority has not issued document on project
developer selection as of the effective date hereof, developers of apartment
building investment and construction project shall be selected in accordance
with housing laws before the effective date hereof. Project execution shall
conform to this Law and other relevant law provisions;
b) In respect of legitimate request for approval of
investment guidelines and approval of developers of apartment building
renovation and reconstruction projects; legitimate request for approval of
investment guidelines of apartment building renovation and reconstruction
projects that competent authority has received before the effective date hereof
and as not processed, said documents shall be processed in accordance with
housing laws before the effective date hereof;
c) In respect of apartment
building renovation and reconstruction projects where compensation has been
made in accordance with compensation, support, relocation measures before July
1, 2015 or compensation, support, relocation measures approved under Law on
Housing No. 65/2014/QH13 amended by the Law No. 40/2019/QH14, Law No.
61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No.
03/2022/QH15 and documents elaborating, guiding implementation, approved
measures shall continue to be adhered to unless area of houses, land, and
constructions has not been included in compensation, support, relocation
measures. Compensation for area of houses, land, and constructions that has not
been included in compensation, support, relocation shall conform to this Law;
d) In respect of old apartment
buildings to which provincial People’s Committees have promulgated K
coefficient for flat area compensation in apartment building renovation,
reconstruction projects in accordance with housing laws before the effective
date hereof, the K coefficient shall remain available for the purpose of determining
compensation, support, relocation of apartment building owners.
4. Transition
regulations on apartment building management and use:
a) In respect of
apartment buildings commissioned and used before the effective date hereof
where written decision or approval of investment guidelines or documents of
equivalent legitimacy do not require transfer of technical infrastructures,
project developers are responsible for maintaining, operating, ensuring that
the technical infrastructures are used for the proper purposes and functions;
if transfer is needed but has not been implemented, the transfer must be
implemented for management and use in accordance with this Law;
b) In respect of
technical infrastructures in apartment building vicinity commissioned and used
before the effective date hereof where written decision or approval of
investment guidelines or documents of equivalent legitimacy do not require
transfer, project developers are responsible for maintaining, operating,
ensuring that the technical infrastructures are used for the proper purposes
and functions; if transfer is needed but has not been implemented, the transfer
must be implemented for management and use in accordance with this Law.
5. Transition
regulations on Chapter VI hereof:
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b) In respect of residential real estate and urban
area investment and construction projects with investment guidelines approval,
decision on investment, decision on project approval, investment approval
issued before the effective date hereof, developers of residential real estate
and urban area investment and construction projects shall reserve a percentage
of homestead land in investment projects where technical infrastructures have
been built to build social housing in accordance written decision and approval;
c) In respect of residential real estate and urban
area investment and construction projects that have been implemented where
project developers have failed to reserve a percentage of homestead land in
investment and construction projects where technical infrastructures have been
built to build social housing as of the effective date hereof, project
developers shall continue to fulfil this obligation in accordance with housing
laws before the effective date hereof;
d) In respect of social housing investment and
construction projects that are during project developer selection phase where
written selection of project developers have not been issued in accordance with
housing laws before the effective date hereof, housing laws applicable before
the effective date hereof shall be adhered to;
dd) In respect of the sale of social housing where
land levy must be paid in accordance with housing laws before the effective
date hereof but has not been paid as of the effective date hereof, land levy
shall be paid in accordance with housing laws before the effective date hereof;
e) Registration, approval, appraisal of prices,
signing of contracts, sale, purchase, lease purchase, lease, sale of social
housing that adhere to housing laws before the effective date hereof and have
not been finished as of the effective date hereof, compliance with housing laws
before the effective date hereof shall be maintained;
g) If developers of social housing investment and
construction projects have reserved social housing area in social housing
investment and construction projects for lease in accordance with Clause 3 Article
54 of the Law on Housing amended by the Law No. 40/2019/QH14, Law No.
61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No.
03/2022/QH15 but have not leased, this housing fund are available for sale and
lease purchase in accordance with this Law.
6. In respect of entities managing apartment
building operation that has had their information uploaded in accordance with
housing laws before the effective date hereof, application for certificate of
eligibility for managing apartment building operation in accordance with this
Law is not required, except for changes to information or services or failure
to satisfy requirements under this Law.
7. In respect of households owning houses before
the effective date hereof, participation in legal relationship regarding
housing shall be done as members of house owner households with rights and
obligations similar to those of house owners under this Law.
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CERTIFIED BY
CHAIRPERSON
Bui Van Cuong
[1]
Housing Law No. 27/2023/QH15 (previously takes effect from January 01, 2025)
now comes into force from August 01, 2024 as prescribed in clause 2 Article 1
of Law No. 43/2024/QH15 on amendments to certain Articles of Land Law No.
31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which comes into
force from August 01, 2024.
[2]
Law No. 43/2024/QH15 amending certain articles of Land Law No. 31/2024/QH15,
Housing Law No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and
Law on Credit Institutions No. 32/2024/QH15, is pursuant to:
“The Constitution of the
Socialist Republic of Vietnam;
The National Assembly
hereby promulgates a Law on amendments to certain Articles of Land Law No.
31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.”.
[3]
Article 5 of Law No. 43/2024/QH15 on amendments to certain Articles of Land Law
No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which comes into
force from August 01, 2024, provides for:
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This Law comes into force
from August 1, 2024.”.
[4] This clause is amended by Article 2 of
Law No. 43/2024/QH15 on amendments to certain Articles of Land Law No.
31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which comes into
force from August 01, 2024.