THE
NATIONAL ASSEMBLY
------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
Law
No. 65/2014/QH13
|
Hanoi,
November 25, 2014
|
LAW
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly issues the Law on housing.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope
This Law
stipulates ownership, development, management, and use of housing;
housing-related transactions; state management of housing in Vietnam.
Transactions in sale, lease, and sublease on commercial housing conducted by
real estate enterprises or cooperatives shall comply with regulations of law on
real estate trading.
Article
2. Regulated entities
This Law
applies to organizations, households or individuals related to ownership,
development, management, use, and transactions in housing and state management
of housing in Vietnam.
Article
3. Interpretation of terms
For the
purposes of this Law, these terms below shall be construed as follows:
1. Housing
means any building in which households or individuals live.
2. Separate
house means any house which is built on a detached land plot under lawful
rights to use of an organization, household or individual, including villas,
row houses and detached houses.
3. Apartment
building means any multi-storey building which has multiple apartments,
public stairs, hall ways, private areas, common areas and common
infrastructural works for organizations, households or individuals, including
apartment buildings for residential use and mixed-use buildings for both
business and residential purposes.
4. Commercial
housing means any house which is built for sale, lease, or lease purchase
according to market mechanism.
5. Official
residence means any house rent by entities entitled to live in official
residences as prescribed in this Law over the duration in which they are on
duty.
6. House
serving relocation means any house provided for households or individuals
who have to relocate when the State withdraw land or carry out land clearance
as prescribed in regulations of law.
7. Social
house means any house provided for entities benefitting from the policies
on housing support carried out by the State as prescribed in this Law.
8. Housing
construction project means all planned pieces of work that are designed to
use capital to build new housing, or technical and/or social infrastructural
works for residential use, or to renovate or repair housing in a certain
location.
9. Housing
development means the investment in builing new housing, rebuilding housing
or expanding area of housing.
10. Housing
renovation means the process of improving quality, expanding area,
restructuring of existing housing area.
11. Housing
maintenance means the maintenance of housing on schedule and repair upon
damages of housing for housing quality assurance.
12. Homeowner
means any organization, household, or individual having legitimate housing
through investment in housing construction, purchase, lease purchase, receipt
of gift, receipt of inheritance, receipt of capital contribution, or exchange
and other transactions prescribed in this Law and corresponding regulations of
law.
13. Apartment
owner means the owner of an apartment or the owner of other areas in an
apartment building.
14. Vietnamese
organization means any regulatory agency, armed unit, public service
provider, political organization, socio-political organization,
occupational-social-political organization, social organization,
socio-occupational organization, economic organization and other organization prescribed
in law on civil (hereinafter referred to as organization).
15. Private
area in an apartment building means the interior area of each apartment or
other areas of an apartment building which is recognized as the private areas
of each apartment owner and private equipment in each apartment or other area
of each apartment owner prescribed in this Law.
16. Common
area of an apartment building mean the remaining area of an apartment
building exclusive of the private areas of the apartment owner and shared
equipment in the apartment building prescribed in this Law.
17. Lease
purchase agreement means an agreement, whereby the lessee pays an option
fee of 20% of a house, unless the lessee is able to pay an option fee more than
20% but not exceeding 50% of the house; the remaining payment shall be
considered as the monthly rent over a certain duration; the lessee shall
acquire the ownership of such house if he/she pays off the total amount when
the lease purchase agreement expires.
18. Existing
house means any house which has been completed and put into operation.
19. Off-the-plan
house means any house which is under construction and has not been
permitted to put into operation.
Article
4. Rights to have residence and acquire homeownership
Any
household or individual is entitled to have residence through investment in
housing construction, purchase, lease, lease purchase, receipt of gift, receipt
of inheritance, receipt of capital contribution, exchange, borrowing, stay, or
authorization for housing management and other transactions prescribed in
regulations of law. Any organization, household, or individual having
legitimate housing through the methods prescribed in Clause 2 Article 8 of this
Law is entitled to acquire ownership of such houses as prescribed in this Law.
Article
5. Protection of homeownership
1. The
State recognizes and protects the homeownership of homeowners as prescribed in
this Law.
2. Any
houses under lawful ownership of organizations, households or individuals shall
not be nationalized. In case of vital necessity for national defense and
security purposes; socio-economic development for national or public benefits,
or state of war, state of emergency, or disaster response, the State shall
decide the purchase, commandeering, or demolition of housing under lawful
ownership of the organizations, households, or individuals, then the State must
pay compensation and carry out policies on relocation to homeowners as
prescribed.
Article
6. Prohibited acts
1.
Infringing the homeownership of the State, organizations, households or
individuals.
2.
Obstructing the fulfillment of state management of housing, exercise of rights
and fulfillment of obligations of the organization, household, or individual in
terms of the homeownership, use of housing and housing-related transactions.
3.
Introducing policies on residential construction projects or residential
construction projects in contravention of approved residential construction
planning, residential development planning.
4.
Building houses on the pieces of land other than residential land; build houses
in contravention of standards for design standards, housing area standards
applied to each type of houses as prescribed. Applying the incorrect
calculation of floor area prescribed in law on housing sale or specified in the
lease purchase agreement.
5.
Illegal appropriation of housing areas; encroaching upon the space and
facilities under common areas or ownership of other owners in any shape or
form; arbitrarily change the bearing structure or change the design of private
areas in the apartment building.
6. Using
the common areas and facilities under joint ownership or joint use for private
purposes; use common areas or the areas for service provision in a mixed-use
building for improper purposes against the approval of residential construction
project or the approved project, unless such area is permitted to change
purposes by a competent agency.
7. Using
mobilized capital or advance payments for housing development for improper
purposes.
8. The
investor in a residential construction project authorizing or assigning the
parties involved in investment cooperation, joint venture, association, capital
contribution or other organizations, individuals to conclude agreements on
housing lease, lease purchase, sale, deposit agreements on housing-related
transactions or agreement on trading of land use rights in projects.
9.
Making transactions in housing sale or transfer of housing sale agreement,
housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital
contribution, lending, and permission for stay or authorization for housing
management not in accordance with this Law.
10.
Renovating, expanding, demolishing the houses under agreements on housing
lease, lease purchase, lending, permission for stay, or authorization of
housing management without the consent of the homeowner.
11.
Using the apartments not for residential purposes; using the area for business
purposes in the apartment building under approved project for trading flammable
materials, explosives, providing services causing environmental pollution,
noise or negative effects on the lives of households and individuals in the
apartment building as prescribed in regulations of the Government.
12.
Using the separate houses for trading flammable materials, explosives,
providing services causing environmental pollution, noise or other operations
or negative effects on the lives of households and individuals in the apartment
building as prescribed in regulations of law on requirements for business.
13.
Providing information about housing inaccurately, untruthfully, inconfomably
with regulations or requests of the competent agencies; destroy or falsify
information in the database of housing managed by the competent agencies.
Chapter
II
HOMEOWNERSHIP
Article
7. Entities eligible for the homeownership in Vietnam
1.
Vietnamese organizations, households or individuals (hereinafter referred to as
Vietnamese entities).
2.
Overseas Vietnamese.
3.
Foreign organizations and individuals (hereinafter referred to as foreign
entities) prescribed in Clause 1 Article 159 of this Law.
Article
8. Entities eligible for the homeownership recognition
1.
Vietnamese entities; overseas Vietnamese permitted to enter Vietnam; foreign
entities prescribed in Article 160 in this Law.
2.
Entities having legitimate housing through following transactions:
a)
Vietnamese entities who invest in housing construction, purchase, enter into
lease purchase agreements, receive gifts, receive inheritance, receive capital
contribution, exchange houses, or make other transactions prescribed in
regulations of law .
b)
Overseas Vietnamese who enter into agreements on commercial housing purchase,
lease purchase with enterprises or cooperatives conducting real estate trading
(hereinafter referred to as real estate enterprise); agreements on housing
purchase, gifting, exchange, inheritance with households or individuals;
agreements on residential land transfer in the project on commercial housing
construction which is permitted to divide the piece of land into smaller
lots/plots for sales as prescribed.
c)
Foreign entities who enter into agreements as prescribed in Clause 2 Article
159 of this Law.
Article
9. Procedures for homeownership recognition
1. If
any organization, household, or individual is eligible for homeownership and
has legitimate housing prescribed in Article 8 in this Law, the house shall be
granted the Certificate of land use right, homeownership and property on land
(hereinafter referred to as the Certificate). The house which is granted the
Certificate must be an existing house.
2.
Procedures for issuance of the Certificate to the homeowner shall comply with
regulations of law on land.
With
respect to the fixed-term agreements on housing ownership prescribed in Clause
1 Article 123 in this Law, the buyer shall be granted the Certificate within
the term of the agreement; when the contractual term of the agreement expires,
the homeownership shall be retransferred to the initial homeowner; the issuance
or expiration of the Certificate shall comply with regulations of the
Government.
3. The
competent agency in charge of issuance of the Certificate must specify housing
type and housing class in the Certificate as prescribed in this Law and law on
construction; specify floor area and usable area regarding the apartment
building; specify the name of the residential construction project approved by
the competent agency regarding the housing in such project.
4. The
Certificate of any house in the residential construction projects for lease
purchase or sale purposes shall not be granted to the investor but it shall be
granted to the lessees or the buyers, unless the investor wishes to be granted
the Certificate pertaining to the house which is not under any agreement on
lease purchase or sale; if the investor builds houses for lease, such houses
shall be granted the Certificate.
5. In
case the household or the individual has a multi-storey house whose each story
has at least 2 apartments satisfying requirements prescribed in Clause 2
Article 46 in this Law, the competent agency shall grant the Certificate to
every apartment in such house.
Article
10. Rights of homeowners and occupiers
1. If
the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall
have rights to:
a) Enjoy
inalienable rights to his/her lawful housing;
b) Use
the house for residential purposes and other purposes not prohibited by
regulations of law.
c)
Obtain the Certificate of the house(s) under their lawful homeownership as
prescribed in this Law and law on land;
d) Sell
housing or transfer the agreement on housing purchase, lease , lease and
purchase, gifting, exchange, inheritance, mortgage, capital contribution,
lending, permission for stay, or authorize housing management ; if the
agreement on housing gifting or inheritance is concluded with an entity
ineligible for the homeownership in Vietnam, such entity is only entitled to
the value of the house;
dd)
Share the public utilities in that residential area as prescribed in this Law
and relevant regulations of law.
The
owner of an apartment building has the right to ownership and enjoyment of the
common areas and infrastructural works of such apartment building, exclusive of
buildings for business or transfer to the State as prescribed, and the
agreement on housing sale or lease purchase;
e)
Maintain, renovate, demolish, or rebuild his/her house as prescribed in this
Law and law on construction.
g)
Receive the compensation as prescribed in regulations of law or payment
according to fair market price when their house is demolished, imposed
compulsory purchase order, or commandeered by the State for national defense
and security purposes; for socio-economic development purposes, or in the state
of war, state of emergency, or disaster situations;
h) File
complaints, denunciation, or lawsuits over violations against their lawful
ownership and other violations against law on housing.
2. If
for a person has a fixed-term homeownership as prescribed in Clause 1 Article
123 in this Law, he/she may exercise the rights prescribed in Clause 1 of this
Article over the homeownership period, unless otherwise agreed among the
parties; when the contractual term expires, the house which is under management
of the homeowner must be returned to the initial homeowner.
3. If
the homeowner is a foreign organization or individual, he/she shall have the
rights prescribed in Article 161 of this Law.
4. Any
occupier other than the homeowner may exercise rights to manage or use the
house as agreed with the homeowner.
Article
11. Obligations of homeowners and occupiers
1. If
the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall
have rights to:
a) Use
the house for proper purposes as prescribed; compile and store documents on
their house;
b)
Comply with regulations on fire safety, hygiene, environment, social safety and
order as prescribed;
c)
Comply with regulations on housing sale or transfer of agreements on housing
sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage,
capital contribution, lending, permission for stay, or authorization of housing
management; and comply with the Law on marriage and family when the house which
is matrimonial property is transacted.
d)
Comply with regulations of law and do not cause damages to benefits of the
State, public, or lawful rights and interests of other households or
individuals when their house is maintained, renovated, demolished, or rebuilt;
if the homeowner is eligible for fix-term homeownership prescribed in Clause 1
Article 123 in this Law, the house shall be renovated or demolished under the
agreement between contracting parties;
dd)
Purchase insurance against fire pertaining to the house subject to insurance
against fire as prescribed in law on fire safety and law on insurance business;
e)
Implement effective decisions on actions against violations, disputes,
complaints, or denunciation of housing, housing compensation, relocation, or
demolishment made by the competent agency when the State withdraws their land,
conducts land clearance, imposes compulsory purchase orders;
g)
Enable related entities and competent persons to carry out the inspection,
observation, or maintenance of equipment systems, technical infrastructure, or
common areas;
h)
Fulfill financial obligations to the State when their homeownership is
recognized, their transactions are conducted and over the period in which the
house is used as prescribed.
2. If
the homeowner is a foreign entity, except for obligations prescribed in Clause
1 of this Article, he/she must fulfill obligations prescribed in Clause 2
Article 162 in this Law.
3. The
occupier other than the homeowner is required to fulfill the obligations to
manage or use the house under the agreement with the homeowner and as
prescribed in this Law.
Article
12. Time of transfer of the homeownership
1. With
respect to any agreement on housing sale not prescribed in Clause 3 of this
Article and any agreement on housing lease purchase, the homeownership shall be
transferred from the date on which the buyer or the lessee pays off the total
amount and receives the house, unless otherwise agreed.
2. With
respect to any agreement on housing capital contribution, gifting, or exchange,
the homeownership shall be transferred from the date on which the beneficiary
of that agreement receives the house.
3. With
respect to any agreement on housing sale concluded between the investor and the
buyer, the homeownership shall be transferred from the date on which the buyer
receives the house or from the date on which the buyer payoffs the total amount
to the investor. With respect to any agreement on commercial housing concluded
with the real estate enterprises, the homeownership shall be transferred in
accordance with law on real estate trading.
4. With
respect to housing inheritance, the homeownership shall be transferred in
accordance with law on inheritance.
5. The
housing-related transactions prescribed in Clause 1, 2 and 3 of this Article
shall comply with requirements pertaining to housing-related transactions and
the agreement must take effect as prescribed in this Law.
Chapter
III
HOUSING DEVELOPMENT
Section
1. General provisions of housing development
Article
13. Policies on housing development
1. The
State shall provide residential land resources by granting approval for
land-use planning, urban planning, particular area planning, or rural area
construction planning.
2. The
State shall issue policies on planning, land, finance, credit, science and
technology application, new building materials to invest in renovation or
reconstruction of apartment buildings which are seriously damaged, in danger of
collapse, or unsafe for the occupiers, and encourage organizations, households
or individuals to develop housing for lease, lease purchase, or sale according
to market mechanism.
3. The
State shall issue policies on tax exemption and reduction, exemption and
reduction in land levies, land rents, long-term credit with preferential
interest rate, other financial incentives and grant from capital resources of
the State to carry out incentive policies on social housing.
4. The
State shall formulate policies on research and issuance of typical designs
regarding every type of housing in conformity with every area, region;
incentive policies on energy-saving housing development.
5. The
People’s Committees of provinces or central-affiliated cities (hereinafter
referred to as provinces) and investors in commercial housing projects shall
reserve residential land for social housing construction as prescribed in law
on housing.
Article
14. Requirements pertaining to housing development
1.
Conform to housing demands of multiple entities and socio-economic conditions
of the country, each local government, each area or region in every period.
2.
Conform to Strategy for national housing development, construction planning,
land-use planning and local housing development planning in every period.
3.
Comply with regulations of law on housing; standards and quality of
construction; conform to requirements pertaining to prevention of fire and
explosion and response; satisfy requirements regarding architecture, landscape,
hygiene, environment and safety during the construction progress and response
to disaster and climate changes; save energy and land resources.
4. With
respect to urban areas, the housing development shall conform to specific
construction planning and the project. The residential construction project
must satisfy requirements prescribed in Clause 1, 2 and 3 of this Article to
ensure the allocation of population and gentrification. In special class, class
1, and class 2 urban areas, it is essential to develop apartment buildings and
housing for lease.
5. With
respect to rural, mountainous, border, or island areas, the housing development
shall conform to rural population planning, new countryside planning, custom of
every ethnic group, natural conditions of every region; in order to eliminate
gradually shifting cultivation, nomadic, ensuring sustainable rural
development; encourage housing development projects, multi-storey housing.
Article
15. Local housing development programs and plans
1.
According to the Strategy to develop national housing, master plans for
socio-economic development, land-use planning, urban planning, particular area
planning, local planning for rural development approved, the People’s Committee
of the province shall formulate programs for local housing development
including urban areas and rural areas for 5-year period and 10-year period or
longer, then they shall request that program to the People’s Councils of
provinces to approve as prescribed in Article 169 of this Law.
2.
According to the programs for local housing development approved as prescribed
in Clause 1 of this Article, the People’s Committee of the province shall file
and approve the annual or 5-year plan for housing development in the administrative
divisions, including plans for commercial housing, social housing, official
residence, housing subject to relocation, housing of household or individual,
in which the plan for social housing development for lease must be clarified.
Article
16. Determination of land resources for housing development
1. When
the urban planning, rural construction planning, planning for economic zone,
industrial zone, processing and exporting zone, or hi-tech zone (hereinafter
referred to as industrial zone), construction planning for higher education
institutions, vocational training institutions, except for science research
institutes, local public ethnic boarding schools (hereinafter referred to as
research and training areas) are formulated and approved, the competent agency
in charge of planning approval shall determine the area of residential land in
the planning.
2. In
the special class, class 1, class 2, or class 3 urban areas, the investors in
commercial housing projects shall reserve a portion of residential land in the
project whose infrastructure systems are constructed to build social housing as
prescribed in regulations of the Government. In the remaining urban areas, the
People’s Committee of the province shall reserve a portion of residential land
in the project whose infrastructure systems are constructed to build social
housing.
Article
17. Forms of housing development and residential construction projects
1. Forms
of housing development include:
a)
Development of housing in projects;
b)
Development of housing of households or individuals.
2.
Residential construction projects prescribed in this Law include:
a)
Projects for building or renovating an independent housing or housing estate;
b)
Projects for building residential area synchronized with technical and social
infrastructure in the rural areas;
c)
Projects for building urban areas or projects using multi-purpose land which
have residential land plots;
d)
Projects for building works for both residential and business purposes.
Article
18. Types of housing development and project-based housing construction
1. Types
of housing development include:
a)
Commercial housing development;
b)
Social housing development;
c)
Official residence development;
d)
Housing serving the relocation development;
dd) Housing
of household or individual development.
2. Types
of project-based housing construction include:
a)
Development of housing invested by real estate enterprises for lease, lease
purchase, or sale;
b)
Renovation and reconstruction of old housing areas and/or apartment buildings;
c)
Development of housing serving the relocation;
d)
Development of state-owned housing.
Article
19. Requirements pertaining to residential construction projects
1.
Residential construction projects prescribed Clause 2 Article 17 of this Law
shall comply with regulations of this Law.
2. A
residential construction project may only be formulated, approved and
implemented in the area which has the specific plan approved by the competent
agency and comply with requirements prescribed in Article 14 of this Law.
3. The
residential construction project and areas in the project must be named in
Vietnamese; in case the investor in a commercial housing project wishes to have
the project named in a foreign language, the full Vietnamese name shall be
written first, then the foreign name. The names of the project and areas in the
project must be permitted by the competent agency and they shall be used
throughout the period of construction and operation.
4. The
investor in the residential construction project must completely finish the
approved project; in case the investor wishes to adjust the content of the
project including name, schedule, types of housing, total floor area, total
number of housing, rate of types of housing, and total investment regarding the
project invested by state capital, that adjustments must be decided by the
competent agency as prescribed in Article 170 of this Law before the
construction is commenced.
5. The
People’s Committee of the province must determine the list of residential
construction projects in the administrative divisions including projects on
construction of commercial housing, social housing, official residence, housing
serving the relocation, then announce it on the website of them as follows:
a)
Number of projects; total number of housing and total floor area of housing
which is constructed annually in the residential construction projects in the
province;
b)
Essential contents of every residential construction project in the
administrative divisions includes names, locations, scale, specific plans,
schedule, types of housing, investment objectives, total floor area, total
number of housing, forms of housing business and other related content
prescribed in law on real estate trading;
c) The
information about the projects prescribed in Point a and b of this Clause must
be disclosed over the progress of the projects.
Article
20. Requirements pertaining to residential architecture
1. The
residential architecture must conform to requirements pertaining to natural condition,
disaster response, scientific and technical standards, historical and cultural
traditions and specific planning for construction approved by the competent
agency.
2. The
residential architecture in an urban area must meet requirements pertaining to
harmonious combination between renovation and new constructions, separate
housing and overall architecture of the urban area, or urban design and
regulations on management of urban architecture planning.
3. The
residential architecture in a rural area must meet requirements pertaining to
harmonious combination with natural landscape and custom, business condition of
households and individuals and ethnic groups in every region.
Section
2. PROJECT-BASED COMMERCIAL HOUSING DEVELOPMENT
Article
21. Investors in commercial housing projects must:
1. Be
enterprises or cooperatives established and operated under Vietnamese
regulations of law.
2. Have
sufficient legal capital as prescribed in law on real estate trading and have
deposited capital for every project as prescribed in law on investment.
3. Be
licensed for real estate trading as prescribed.
Article
22. Projects for commercial housing construction and investor selection
1.
Projects for commercial housing construction must be formulated, accessed,
approved and executed as prescribed in regulations of this Law and law on
construction.
2. The
investors in projects for commercial housing construction shall be selected
through the following methods:
a)
Holding land auction prescribed in law on land;
b)
Inviting bids for land-using projects;
c)
Appointing investors who meet all requirements prescribed in Article 21 of this
Law or having lawful land use rights as prescribed in Clause 1 and Clause 4 of
Article 23 of this Law.
3. The
housing authorities of provinces shall report the selection of investors in the
projects for commercial housing construction to the People’s Committee of the
province for decision; in case the project is a large-scale projects and
relates to multiple provinces as prescribed in regulations of the Government,
the housing authority of each province shall report it to the competent agency
prescribed in Clause 2 Article 170 of this Law before selecting the investors.
Article
23. Types of land use to conduct projects for commercial housing construction
1.
Building commercial housing on lawful residential land plots.
2.
Building commercial housing for lease, lease purchase, or sale on land plots
allocated by the State.
3.
Building commercial housing for lease on land plots leased out by the State.
4.
Building commercial housing on land plots which are transferred as prescribed
in law on land.
Article
24. Types of housing and standard areas of commercial housing
1. The
investor shall decide types of housing, standard areas of every commercial housing
provided that they conform to specific construction planning, standards of
residential construction and architecture, and the approval for residential
construction policies granted by the competent agency.
2.
Apartments must have a closed designed and floor areas conformable with
construction standards & regulations.
3.
Separate housing must be built in accordance with construction planning,
approved designs, and construction standards & regulations.
Article
25. Rights of investors in projects for commercial housing construction
1.
Request related agencies to follow procedures for formulation, assessment,
approval or implementation of the projects as prescribed.
2. Enter
into agreements on housing lease, lease purchase or sale; mobilize capital,
collect payments from agreements on housing lease, lease purchase or sale as
prescribed in this Law, law on real estate trading and the signed agreement.
3.
Exercise rights of land users and trade in products of the projects as
prescribed in law on land and law on real estate trading.
4.
Transfer part or all of the project as prescribed in law on real estate
trading.
5.
Manage; operate the technical infrastructure within the scope of the project in
conformity with the approval of residential housing projects granted by the
competent agency.
6.
Request the competent agency to grant the Certificate of housing in the
projects prescribed in Article 9 of this Law and law on land.
7.
Benefit from incentive policies carried out by the State over the progress of
the project as prescribed.
8.
Exercise other rights as prescribed in regulations of this Law and relevant law
provisions.
Article
26. Obligations of investors in projects for commercial housing construction
1.
Exercise other rights as prescribed in regulations of this Law and relevant law
provisions.
2. Make
deposit to carry out the projects as prescribed in law on investment; pay
guarantee for housing transactions as prescribed in law on real estate trading;
ensure finance to carry out the projects as prescribed.
3. Build
housing and technical and/or social infrastructural works according to the
specific planning and approval of residential housing policies granted by the
competent agency, satisfy standards of design, standard housing areas and rate
of progress of the approved projects.
4.
Reserve the land plots used for technical infrastructure in the projects for
social housing as prescribed in law on housing.
5.
Announce the information prescribed in Point b Clause 5 Article 19 of this Law
on their websites and at the head offices of their project management board;
send reports on implementation of the projects periodically and at the end of
the progress of the projects as prescribed in law on housing and law on real
estate trading.
6.
Fulfill all commitments in the agreements on project trading, transfer of
housing and related documents on housing transactions to clients; conduct
transactions in housing sale, lease, or lease purchase and trading in land use
rights as prescribed in law on real estate trading.
7. Apply
for the Certificates of housing which are granted to the buyers or the lessees
by the competent agency within 50 days, from the date on which the housing is
transferred to the buyers or the lessees pay off the contractual total amount,
unless the buyers or the lessees wish to apply for the Certificates themselves.
In case the housing is built for lease, the investors must file and store
documents on housing as prescribed in Article 76 and Article 77 of this Law.
8.
Provide warranty on housing as prescribed in this Law and law on construction;
fulfill financial obligations to the State as prescribed.
9. Abide
by effective decisions on actions against violations against regulations on
housing development, capital mobilization, advance payment of clients, housing
transactions and other transactions prescribed in this Article made by the
competent agencies
10. Pay
compensation if the investor causes damage to clients or organizations,
households or individuals involved in housing construction.
Section
3: OFFICIAL RESIDENCE DEVELOPMENT
Section
27: Official residences and plans for official residence development
1. The
State shall allocate the budget, including central budget and local budget to
build official residences or to buy or rent commercial housing for official
residences. The official residences include central official residences and
local official residences.
2. The
official residences constructed or originated from commercial housing must
conform to the plans for official residence development prescribed in Clause 3
of this Article; ensuring the official residence users the safety condition of
work and convenience of living and traveling.
3. Plans
for official residence development shall follow procedures below:
a) The
central agencies shall determine their demands for official residences, then
send them to the Ministry of Construction for assessment and formulate the
plans for official residence development of the central agencies, then request
the Prime Minister for approval, except for cases prescribed in Point b of this
Clause;
b) The
Ministry of National Defense and/or the Ministry of Public Security shall
determine the demands and formulate the plans for official residences of
entities prescribed in Point d Clause 1 Article 32 of this Law, then request
the Prime Minister for approval after receiving the suggestion of the Ministry
of Construction.
c) The People’s Committee of the province shall make and
approve the plans for official residence development in the plan for local
housing development as prescribed in Article 15 of this Law;
d) The
agencies making plans prescribed in Point a, b and c of this Clause must
clarify the demands for official residences including type of housing, floor
area; location and area for housing construction, area of commercial housing
used for official residences; capital resources and phasing of investment every
year and every 5 years; determine responsibility of relevant agencies.
4. The
Government shall provide guidance on construction, sale or lease of commercial housing
for official residences, eligible entities, requirements for official residence
lease and the management and use of official residences.
Article
28. Projects for official residence construction and investor selection
1. The
project for official residence construction which includes new official
residences and purchase of commercial housing shall be filed, accessed,
approved and implemented as prescribed in this Law and law on construction.
2.
Projects for official residence construction include:
a)
Projects in which the investment is decided by the Prime Minister at the
request of the Ministry of Construction leased out to central agencies, except
for cases prescribed in Point b of this Clause;
b)
Projects in which the investment is decided by the Ministry of National Defense
and/or the Ministry of Public Security, after being discussed with the Ministry
of Construction and approved by the Prime Minister leased out to entities
prescribed in Point d Clause 1 Article 32 of this Law;
c)
Projects in which the investment is decided by the People’s Committee of the
province and at the request of agency of province in charge of housing
allocated to entities subject to job rotation in local governments.
Regarding
entities subject to job rotation in wards, districts, towns,
province-affiliated cities and equivalent (hereinafter referred to as district)
and entities prescribed in Point c, dd, e and g Clause 1 Article 32 of this
Law, the People’s Committee of the province shall decide the investment of the
project or authorize the People’s Committee of district to divide the
investment of the project.
3. The
investor in a project for official residence construction shall be selected as
follows:
a) The
Prime Minister shall select the investors in the project as prescribed in Point
a Clause 1 of this Article at the request of the Ministry of Construction;
b) The
Minister of National Defense and/or shall select the investor in the project as
prescribed Point b Clause 2 of this Article;
a) The
People’s Committee of the province shall select the investors in the project
prescribed in Point c Clause 1 of this Article at the request of the housing
authority of province.
Article
29. Land used for official residence construction
1. The
area of land used for official residence construction shall be specifically
determined in the construction planning approved by the competent agency as
prescribed in Clause 1 Article 16 of this Law.
2.
Regarding central official residences, the Ministry of Construction shall take
charge and cooperate with the People’s Committee of the province in
determination of area of land used for official residences in administrative
divisions, except for cases prescribed in Clause 3 of this Article. The
People’s Committee of the province shall allocate land plots for official
residence construction at the request of the Ministry of Construction.
3.
Regarding official residence allocated to entities prescribed in Point d Clause
1 Article 32 of this Law, the Ministry of National Defense and/or the Ministry of
Public Security shall take charge and cooperate with the People’s Committee of
the province in determination of area of land used for official residence
construction.
4.
Regarding local official residences, the People’s Committee of the province
shall allocate land plots for official residence construction when filing and
approving the planning prescribed in Clause 1 Article 16 of this Law.
5. The
State shall not collect land levies on land plots used for official residence
construction as prescribed this Article.
Article
30. Buying or renting commercial housing for official residences
1.
Regarding any local government having commercial housing which is built under
projects and conformable with type of housing and space housing standards
prescribed in Article 31 of this Law, the competent agency prescribed in Clause
2 Article 38 of this Law may buy or rent that commercial housing for official
residences.
2. The
purchase of commercial housing for official residences must be made in project
and approved by the competent agency prescribed in Clause 2 Article 28 of this
Law.
3. The
selling price of the commercial housing shall be decided by the person in
charge of investment decision refer to market selling prices of housing and
price appraisal of the appraising agency on the date on which the housing is
sold.
4. In
cases there are not enough official residences for lease, the competent agency
prescribed in Clause 2 Article 28 of this Law shall decide to rent commercial
housing for official residences.
5. The
capital shall be provided by the central budget for buying or renting
commercial housing for official residences which are allocated to entities of
central agencies, including housing of the Ministry of National Defense and/or
the Ministry of Public Security. The capital shall be provided by the local
budget for buying or renting commercial housing for official residences which
are allocated to entities of local agencies.
Article
31. Types of housing and housing area standards pertaining to official
residences
1. The
official residences include separate houses and apartments with different
housing area standards in conformity with every entity entitled to rent the
official residence.
2. The
housing area standards pertaining to official residences shall be decided by
the Prime Minister and adjusted in conformity with every period at the request
of the Ministry of Construction.
Article
32. Eligible entities and requirements for renting official residences
1. The
entities entitled to rent official residences include:
a)
Senior officials of the Communist Party and/or the State entitled to rent the
official residences over the duration in which they are on duty;
b)
Officials and civil servants of bodies of the Communist Party, the State,
socio-political organizations who are not entitled to rent official residences
as prescribed in Point a of this Clause but they are subject to job rotation in
the central agencies and holding at least Deputy Minister positions or
equivalent; or subject to job rotation in the local agencies and holding at
least President of the People’s Committee of district or Director of Service
positions or equivalent;
c)
Officials and civil servants of bodies of the Communist Party, the State,
socio-political organizations who are not entitled to rent official residences
as prescribed in Point b of this Clause but they are subject to job rotation in
communes of remote areas or severely disadvantaged areas, border or island
areas;
d)
Officers or professional soldiers in People’s armed forces subject to job
rotation as required by national defense and security, except for entities
living in the barracks of the armed forces as prescribed in regulations of law;
dd)
Teachers who are teaching in the rural areas, remote areas, severely
disadvantaged areas, border or island areas;
e)
Doctors, health workers who are working in the rural areas, remote areas,
severely disadvantaged areas, border or island areas;
d)
Scientists who are in charge of national science and technology projects
prescribed in the Law on science and technology.
2.
Requirements for renting official residences:
a) The
official residences are allocated to entities prescribed in Point a Clause 1 of
this Article as required by security;
b) The
official residences shall be allocated to entities prescribed in Point b, c, d,
dd, e, and Clause 1 of this Article if they have not any house under their
ownership and have not purchased, rented or rented and purchased social housing
in the administrative divisions where they are working; or they have houses
under their ownership in the administrative divisions where they are working,
but their floor area per capita in the households is lower than the minimum
floor area regulated by the Government in every period and every area.
Article
33. Rules for determination of official residence rents
1. It is
required to calculate accurately and sufficiently essential expenditures on
management of operation and maintenance and management of the lease during the
lease term of the official residence.
2. The
land levies on official residence construction and depreciation expenses on
capital invested in official residence construction or expenditures on buying
commercial housing for official residence shall not be included.
3. The
official residence rents shall be decided and adjusted in every period by the
competent agency prescribed in Clause 2 Article 81 of this Law.
4. In
case renting commercial housing for official residences, the lessee shall pay
the rents which are lower than the commercial housing rents as prescribed in
regulations of the Government.
Article
34. Rights and obligations of lessees of official residences
1. The
lessee of a official residence has rights to:
a)
Receive the official residence and equipment attached to the housing as agreed
in the housing lease;
b) Use
the official residence as housing for them or their family over the duration in
which he/she is on duty;
c)
Request the housing managing organization to repair promptly damages not caused
themselves;
d) Keep
concluding the agreement on official residence lease if the lease term expires
but he/she still satisfies requirements for renting official residences as
prescribed in this Law;
dd)
Exercise other rights as prescribed in regulations of law and as specified in
the agreement on official residence lease.
2. The
lessee of a official residence has obligations to:
a) Use
the official residence for residential purposes and daily needs of them or
their families over the lease term;
b)
Reserve the official residence and assets attached to; do not renovate, repair,
or demolish the official residence without the consent of the lessor; or comply
with regulations on management and use of apartment buildings if he/she lives
in an apartment.
c) Do
not sublet, lend official residences, or authorize the management of official
residences;
d) Pay
the contractual rents and pay other living expenses as regulated by the service
provider;
dd)
Return the official residence to the State when he/she is not entitled to rent
the official residence, or does not wish to rent the official residence, or
commit violations subject to housing withdrawal as prescribed in this Law
within 90 days, from the date on which the notification of the agency in charge
of management of official residence is received.
e)
Implement the enforcement of a decision on housing withdrawal issued by the
competent agency in case the housing is subject to withdrawal enforcement;
g)
Fulfill other obligations as prescribed in regulations of law and as specified
in the agreement on official residence lease.
Section
4: DEVELOPMENT OF HOUSING SERVING THE RELOCATION
Article
35. Rules for development of housing serving the relocation
1.
Before implementing the plan for land withdrawal or land clearance to build
other constructions in a special, class 1, or class 2 urban area, the State
shall prepare housing sources according to project-based commercial housing or
social housing serving the relocation, except for cases prescribed in Clause 4
Article 36 of this Law.
2. If
the plan for land withdrawal or land clearance to build other constructions is
implemented in the area other than areas prescribed in Clause 1 of this
Article, but that area has project-based commercial housing or social housing
serving the relocation, the State shall use that housing to serve the
relocation; if that area has not any commercial housing or social housing, the
State shall invest in housing construction serving the relocation before
implementing the plan, except for cases prescribed in Clause 4 Article 36 of
this Law.
3. If
the plan for land withdrawal and land clearance is implemented to run projects
for commercial housing construction, but the people subject to the land
clearance wish to relocate on the same location, the investor must priorly
reserve commercial housing in that project to serve the relocation.
4. If
the plan for land withdrawal and land clearance is implemented to run projects
for industrial park infrastructure but the people subject to the land clearance
wish to relocate, the investor must build housing serving the relocation in the
same area conformable with housing construction for workers working in
industrial parks or allocate other housing to them.
5. The
investment in housing construction serving the relocation must conform to the
project; regarding rural areas, the projects for housing construction serving
the relocation must include the allocation of land resources to serve
production to the people subject to relocation.
6. The
housing serving the relocation must be equipped sufficient technical and social
infrastructure according to the approved specific construction planning, or
design documents and in accordance with Article 14 of this Law.
Article
36. Arrangement for housing serving the relocation
1.
Buying project-based commercial housing to lease, lease and sell, sell to the
people subject to relocation.
2. Using
project-based social housing to lease, lease and sell, sell to the people
subject to relocation.
3. The
State directly invests in housing construction by government budget, government
bonds, Official Development Assistance, concessional loans from sponsors,
credit capital of the State or invests in housing construction serving the
relocation to lease, lease and sell, sell to the people subject to relocation
according to type of Build-Transfer contracts on the proper land as prescribed.
4. The
households or individuals shall be paid money to buy, rent, or rent and buy
commercial housing in the administrative divisions as housing serving the
relocation or allocated residential land plots by the State to build housing
themselves according to the approved planning.
Article
37. Land used for housing construction serving the relocation
1. The
allocation of residential land serving the relocation must comply with Article
35 of this Law and regulations of law on land.
2. The
area of residential land serving the relocation shall be determined in the
construction planning approved by the competent agency as prescribed in Clause
1 Article 16 of this Law.
Article
38. Projects for housing construction serving the relocation and investor
selection
1. The
project for housing construction serving the relocation shall be filed,
accessed, approved and implemented as prescribed in this Law and law on
construction.
2. The
investor in housing construction project serving the relocation includes
professional project management board in the People’s Committee of the
province, Land development organization of province and real estate
enterprises; the investors shall be selected as prescribed in Clause 3 and
Clause of this Article.
3.
Regarding the projects for housing construction serving the relocation using
capital resources or in the form prescribed in Clause 3 Article 36 of this Law,
the housing authority of province shall request the competent person to select
the investors.
4.
Regarding projects for housing construction serving the relocation not subject
to Clause 3 Article 36 of this Law, the investors shall be selected as follows:
a) If
the housing is built to serve the relocation for special projects of national
significance, the Prime Minister shall decide whether to select the investors
or authorize the Minister of Construction to select the investors;
b) If
the housing is built to serve the relocation for projects not subject to Point
a of this Clause, the People’s Committee of the province shall select the
investors.
Article
39. Types of housing and housing area standards pertaining to housing serving
the relocation
1.
Regarding urban areas, the housing serving the relocation must meet the
requirements below:
a) It is
an apartment or separate house which is built in conformity with the specific
construction planning and the approved plan for local housing development;
b) If it
is an apartment, it must be designed or constructed self-contained style and in
conformity with construction standards. When designing the housing serving the
relocation, the investor may allocate a portion of area to run business in
conformity with actual condition of every project;
c) If it
is a separate house, it must be constructed according to the approved specific
construction planning or design; conform rules for housing architecture
prescribed in Article 20 of this Law and ensure the minimum land area as
prescribed in law on land.
2.
Regarding rural areas, the housing serving the relocation must meet
requirements pertaining to floor area and auxiliary works attached to the
housing serving daily needs or production, rules for housing architecture
prescribed in Article 20 of this Law and minimum land area as prescribed in law
on land.
Article
40. Quality management of housing serving the relocation
1. The
housing and constructions in the project are only granted the acceptance if
they meet requirements pertaining to construction design and standards. The
investor may not change the design of floor area and auxiliary works (if any)
to serve the relocation after the competent agency approving the plan for
relocation.
2. The
relocation is only implemented after the housing is granted acceptance as
prescribed in law on construction.
3. The
following organizations or individuals shall be responsible for the quality of
the housing serving the relocation:
a) The
investors in projects for housing construction serving the relocation;
b) The
competent agencies acquiring competence in signing the Build - Transfer
contract to build housing serving the relocation;
c) The
investors in projects for commercial housing or social housing construction
serving the relocation.
4. The
housing authority of province must provide guidance and inspect the quality
control of housing serving the relocation in the province.
Article
41. Buying commercial housing and using social housing to serve the relocation
1.
Regarding the purchase of housing serving the relocation, the agency in charge
of relocation shall conclude the sale agreement or orders for commercial
housing sale with the investors
a) In
case the agency in charge of relocation concludes an agreement on housing sale
with the investor, the people subject to the relocation shall conclude
agreements on housing sale, lease, lease purchase with that agency;
b) In
case the agency in charge of relocation concludes the order for housing sale
with the investor, the people subject to the relocation shall directly conclude
agreements on housing sale with the investor according to the order;
c) The
investor in commercial housing project must request the competent agency to
grant Certificates to the buyers or the lessees prescribed in Point a and Point
b of this Clause, unless the buyers or the lessees wish to apply for the
Certificates themselves.
2. With
regard to social housing serving the relocation, any entity subject to the
relocation shall enter into agreements on social housing lease, lease purchase,
or sale as prescribed in this Law.
3. The
Government shall provide guidance on construction, purchase or use of
commercial housing serving the relocation; types of housing and housing area
standards; entities or requirements for the relocation; procedures for housing
transfer and the management and use of housing serving the relocation.
Section
5: DEVELOPMENT OF HOUSING OF HOUSEHOLDS AND INDIVIDUALS
Article
42. Requirements pertaining to development of housing of households and
individuals in rural areas
1. It is
required to conform to planning for building community groups, connect to the
technical infrastructure of residential areas and ensure the requirements
relating to hygiene and environment.
2. The
housing must be constructed or renovated in combination with the preservation
of architecture of traditional housing and in conformity with custom and
condition of each area or region.
3. The
households and individuals are only entitled to build housing on their lawful
pieces of residential land.
4. With
regard to the construction of project-based housing, it must conform to the
approved specific planning of the project. With regard to any area which is
required the License for, the design documents must conform to the content of
the License for construction or the approved design documents.
5. The
People’s Committee of the province shall consider providing a portion of or
entire funding from the budget to households and individuals preserving or
renovating housing in the area which is required preserve its artistic,
cultural, or historic value.
Article
43. Requirements pertaining to development of housing of households and
individuals in urban areas
1. It is
required to have lawful residential land use rights, have legitimate housing
and the housing is renovated or rebuilt as prescribed in law on construction.
2. Any existing
housing must be constructed or renovated in conformity with the specific
planning for urban area construction and/or design. Any housing which is
granted the License for construction must be built in conformity with the
License for construction.
3. The
construction of housing must connect to the technical infrastructure of
residential areas and ensure the requirements relating to hygiene, environment,
residential architecture and does not cause negative effects on other adjacent
constructions.
Article
44. Land used for development of housing of households and individuals
1.
Residential land under lawful ownership of households and individuals, or
leased or lent from other households and individuals to build housing.
2.
Residential land allocated by the State to build housing as prescribed in law
on land.
3.
Residential land allocated as compensation by the State in case of land
withdrawal as prescribed in law on land.
Article
45. Methods of developing housing of households and individuals
1. The
households and individuals in rural areas shall build housing under methods
below
a) Build
housing themselves, or hire other organizations or individuals to build
housing, or enjoy the support for housing construction from other organizations
or individuals;
b)
Cooperate together in housing construction.
2. The
households or individual in urban areas shall build housing under methods below
a) Build
housing themselves, or hire other organizations or individuals to build
housing, or enjoy the support for housing construction from other organizations
or individuals ;<
b) Hire
the organizations or individuals qualifying for housing construction as
required by law on construction;
c)
Cooperate in renovation and/or gentrification including housing.
Article
46. Requirements and quality of housing of households and individuals
1. The
housing must be built on the piece of land satisfying requirements pertaining
to the housing area standards as prescribed in law on land.
2. The
households or individuals in urban areas shall build or renovate housing as
prescribed in law on construction and take responsible for the housing quality.
In case
the household or individual is permitted to build a multi-storey house whose
each storey has two self-contained apartments or above satisfying minimum floor
area standards, private areas and common areas in the apartment building as
prescribed in this Law, each apartment shall be recognized the homeownership.
3. The
useful life of the separate housing shall be determined according to the level
of housing and actual condition of that housing.
If a
house is seriously damaged, in danger of collapse leading to unsafe condition
for the users, it must be demolished as prescribed in Section 4 Chapter VI of
this Law.
Article
47. Responsibility of households and individuals in the housing development
1.
Conform to procedures for renovation or construction of housing as prescribed
in law on construction.
2.
Comply with regulations on hygiene and environment over the housing renovation
or construction progress.
3.
Ensure the safety of people and assets of adjacent apartments over the housing
construction or renovation progress; if they cause damages, they must pay
compensation as prescribed.
4. If
any household or individual invests in housing construction for lease, lease
purchase, or sale, they must also comply with regulations in Chapter VIII of
this Law.
5.
Fulfill other responsibility when they renovate or construct housing as
prescribed.
Article
48. Cooperation of households and individuals in housing construction and
gentrification
1. The
households and individuals shall cooperate in housing construction and
gentrification including housing by the finance capacity, workforce, materials
and effort of member in the cooperate group.
2. All
members in the cooperate group shall enter into agreements on method of capital
contribution, workforce, materials, duration of cooperation, rights and
obligations of the members and their commitment to perform the agreement.
Chapter
IV
POLICIES ON SOCIAL HOUSING
Section
1: GENERAL PROVISIONS
Article
49. Entities eligible for incentive policies on social housing
If the
entities below satisfy requirements prescribed in Article 51 of this Law, they
shall be eligible for incentive policies on social housing:
1.
People with meritorious services to the Resolution prescribed in law on
preferential treatment for people with meritorious services to the Resolution;
2.
Households living in poverty or near poverty in rural areas;
3.
Households that are often affected by natural disasters or climate changes in
rural areas;
4.
Individuals living in low income, poverty or near poverty in the urban areas;
5.
Employees working in enterprises inside or outside the industrial zones;
6.
Commissioned officers, professional and technical non-commissioned officers,
standing army, and workers in the agencies of People’s Police and People’s
Army;
7.
Officials and civil servants prescribed in law on officials and civil servants;
8.
Entities who have returned official residence as prescribed Clause 5 Article 81
of this Law;
9.
Students of institutes, universities, colleges, vocational training
institutions; students of the public ethnic boarding schools using social
housing during their duration of study;
10.
Households or individuals subject to land withdrawal and land clearance as
prescribed without any compensation in form of housing or residential land paid
by the State.
Article
50. Implementation of incentive policies on social housing
1.
Lease, lease and purchase, or sell the social housing to entities prescribed in
Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law; or only lease the social
housing to entity prescribed in Clause 9 Article 49 of this Law.
2.
Support entities prescribed in Clause 1, 2 and 3 Article 49 of this Law in construction
or renovation of housing according to the target programs for housing.
3.
Allocate residential land with reduction or exemption from land levies or gift
housing to the entities prescribed in Clause 1, 2 and 3 Article 49 of this Law
as prescribed in law on land or housing gifting.
4. Grant
preferential loans given by the State for entities prescribed in Clause 1, 4,
5, 6 and 7 Article 49 of this Law though social policy banks or credit
institutions appointed by the State to build or renovate their housing.
Article
51. Requirements for eligibility for incentive policies on social housing
1. The
entities eligible for the policies as prescribed in Clause 1 Article 50 of this
Law shall satisfy the requirements pertaining to housing, residence, and income
as follow:
a) They
have not had any house under their homeownership, have not concluded any
agreements on social housing purchase, lease, or lease purchase, have not
benefited from any policy on housing or residential land support in any shape
or form at the places where they live, study, or have houses under their
homeownership, but the floor space per capita in the household is lower than
the minimum space standard regulated by the Government in every period and
every area;
b) They
are required to register permanent residence in the province where the social
housing is located; if not, they are required to register temporary residence
in that province for at least one year, except for cases prescribed in Clause 9
Article 49 of this Law; <0
c) With
respect to entities prescribed in Clause 4, 5, 6 and 7 Article 49 of this Law,
they are required to be not subject to regular income tax as prescribed in law
on personal income tax; with respect to households living in poverty and near
poverty, they must be subject to the households living in poverty and near
poverty as prescribed in regulations of the Prime Minister. With respect to
entities prescribed in Clause 1, 8, 9 and 10 Article 49 of this Law, they are
not required to satisfy requirements pertaining to income as prescribed in this
Point.
2. The
entities eligible for the policies as prescribed in Clause 2 and Clause 3
Article 50 of this Law must conform to approval for target programs for housing
granted by the competent agency.
3. Any
entity eligible for the policies as prescribed in Clause 4 Article 50 of this
Law shall satisfy the requirements pertaining to housing, residence, and income
as follows:
a) They
have residential land without housing, or they have housing but it is damaged
or dilapidated;
b) They
have registered permanent residence in the place where their residential land
or housing required construction or renovation is located.
Article
52. Rules for the implementation of incentive policies on social housing
1. The
policy on social housing support must follow the rules below:
a) There
is a combination between the State, communities, relatives and beneficiaries of
the policies during the implementation of the policy;
c) The
policy must be publicized and transparent, under close inspection of the
competent agency and communities;
c) The
policy only applies to entities meeting all requirements as prescribed;
d) In
case an entity benefits from more than one policy, he/she shall only benefit
from the best policy; in case there are many entities meeting the same
requirements, the disabled or women shall be given priority;
dd) In
case a household has more than one entity benefiting from the policies, there
is only one policy applying to that household.
2. The
People’s Committee of the province shall implement and inspect the policies on
social housing in the province.
Section
2. POLICIES ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING FOR LEASE, LEASE
PURCHASE, OR SALE
Article
53. Forms of social housing development
1. The
State invests in social housing construction using government budget, national
bonds, bonds, Official Development Assistance, concessional loans given by the
sponsors, credit capital for development or invests in social housing
construction for lease or lease purchase according to the Build-Transfer
contracts on the proper land as prescribed.
2. The
enterprises or cooperatives invest in social housing construction for lease,
lease purchase or sale; or buy or rent housing for their workers’ accommodation
though lease contracts and receive the State’s incentives prescribed in Clause
1 Article 58 and 59 of this Law.
3. The
households or individuals invest in social housing construction on their lawful
residential land for lease, lease purchase or sale and receive the State’s
incentives prescribed in Article 58 of this Law.
Article
54. Requirements pertaining to projects for social housing construction
1.
Conform to requirements prescribed in Article 19 of this Law; regarding the
social housing construction which is not approved in the plans for housing
development, the People’s Committee of the province shall consult the People’s
Councils of province before granting the approval for the housing construction
project.
2. The
People’s Committee of the province shall reserve a private area to set up a
project for social housing construction for lease.
3. With
regard to a project for social housing construction which is not in the area
required to set up private project for social housing construction for lease
prescribed in Clause 2 of this Article, the investor shall reserve at least 20%
of area of social housing in the project for lease; the investor is eligible
for incentives for housing construction for lease as prescribed in Clause 1
Article 58 of this Law equivalent to such 20% of area and entitled to sell this
house to the lessees as prescribed in regulations on social housing sale after
5-year-lease term.
4. The
projects for social housing construction must be managed their quality and
standard areas, rents, lease-purchase prices, selling prices, and the approval
of entities eligible for housing lease, lease purchase, or sale.
Article
55. Requirements regarding types of housing and housing area standards of
social housing
1. They
are apartment buildings or separate houses in conformity with the specific
planning for construction approved by the competent agency.
2. With
respect to separate houses, they must be designed and built according to
standards of construction and housing area standards of social housing.
3. With
respect to apartment buildings, they must be designed and built in
self-contained style, and in conformity with standards of construction and
housing area standards of social housing.
Article
56. Land used for social housing construction
1. When
approving an planning for urban area construction, a planning for rural area
construction, or a planning for industrial zone and/or training research zone
construction, the People’s Committee in charge of planning approval shall
determine the area of pieces of land used for social housing construction.
2. The
area of land and information about location used for social housing development
shall be announced on the website of the People’s Committee of the province and
the housing authority of province.
3. Land
used for social housing development includes:
a) Land
allocated by the State for housing construction for lease, lease purchase
and/or sale;
b) Land
leased by the State for housing construction for lease;
c) The
area of residential land in the projects for commercial housing construction
which is reserved for social housing as prescribed in Clause 2 Article 16 of
this Law;
d)
Lawful residential land of organizations, households and/or individuals used
for social housing construction.
Article
57. Investors in projects for commercial housing construction
1. With
respect to the social housing invested by capital resources prescribed in
Clause 1 Article 53 of this Law, the competent persons in charge of investment
approval shall select the investor(s) according to the report sent by the
Ministry of Construction regarding central investment-related capital or sent
by the housing authority of province regarding local investment-related
capital.
2. With
respect to social housing not invested by capital resources prescribed in
Clause 1 Article 53 of this Law, the People’s Committee of the province shall
select the investor(s) according to the report sent by the housing authority of
province as follows:
a) With
respect to the social housing which is constructed on the piece of land
allocated or leased by the State, if there are more than one investors
registering for being the investor(s), they shall be selected through inviting
bids; if there is only one investor registering for being the investor, he/she
shall be appointed.
b) With
respect to the social housing which is constructed on the piece of land resaved
in a project for commercial housing construction as prescribed Clause 2 Article
16 of this Law, the investor in that project shall be appointed as the investor
in the project for social housing construction, unless the State allocates such
piece of land to other organization for social housing construction;
c) In
case any enterprise or cooperative has lawful piece of land in conformity with
the planning for housing construction, meets all requirement for being the
investor and wishes to build social housing, such enterprise or cooperative
shall be assigned as the investor in the project for social housing
construction;
d) In
case the social housing is constructed to provide accommodation for workers in
a industrial park, any enterprise providing infrastructure services,
manufacturing enterprise, or real estate enterprise shall be assigned as the
investor in the project by the State.
3. Any
household or individual is entitled to build social housing on their lawful
piece of residential land.
4. The
investor(s) prescribed in Clause 1, 2 and 3 of this Article shall be in charge
of social housing construction as prescribed.
Article
58. Incentives for the investors in social housing projects
1. The
enterprise or cooperative investing in social housing construction for lease,
lease purchase and/or sale without using capital resources prescribed in Clause
1 Article 53 of this Law shall be provided with the incentives as follows:
a)
Exemption from land levies and/or land rents on the piece of land allocated or
leased for social housing construction by the State;
b)
Exemption and/or reduction in VAT and/or corporate income tax in accordance
with regulations of law on taxation; or qualify for reduction in VAT and/or
corporate income tax regarding the social housing construction for lease much
more than the social housing construction for lease purchase or sale ;
c)
Concessional loans granted by a bank for social policies or a credit
institution operating in Vietnam; preferential loans regarding the social
housing construction for lease with lower interest rate and longer terms in
loan agreement than the social housing construction for lease purchase or sale;
d)
Qualify for entire or a portion of funding for technical infrastructure
construction within the scope of the project for social housing construction
provided by the People’s Committee of the province; or qualify for the entire
funding regarding the social housing construction for lease;
dd)
Other preferential policies prescribed in regulations of law.
2. The
household or individual investing in social housing construction for lease,
lease purchase or sale shall be provided with incentives prescribed in Clause 1
of this Article if they meet all requirements below:
a) Their
housing is constructed in conformity with the construction planning approved by
the competent agency and enable connected to the infrastructure of a
residential area;
b) Their
housing meets all requirements regarding standards of construction and housing
area standards housing area standards of social housing;
c) Their
housing's selling price, rent, or lease purchase price is determined according
to the price bracket issued by the People’s Committee of the province where the
housing is located.
Article
59. Incentives for organizations providing accommodation for their employees
1. In
case an industrial enterprise or cooperative buys or rents housing to provide
accommodation for their employees without collecting the rents, or collecting
the rents but such rents are not larger than social housing rents charged/fixed
by the People’s Committee of the province, their expenditures on housing
purchase or rent shall be considered as proper cost and included in their
production costs when calculating corporate income tax.
2. In
case an industrial enterprise or cooperative builds housing to provide
accommodation for their employees without collecting the rents, or collecting
the rents but such rents are not larger than social housing rents issued by the
People’s Committee of the province, they shall be both eligible for the
incentives prescribed in Clause 1 Article 58 of this Law and their expenditures
on housing construction shall be included to the production costs when
calculating corporate income tax.
Article
60. Determination of the rents and lease purchase prices of social housing
invested by the State
The
rents or lease purchase prices of the social housing invested by the State
using capital resources prescribed in Clause 1 Article 53 of this Law shall be
determined as follows:
1.
Regarding the housing under lease agreements, the rents shall comprise
expenditures on housing maintenance; capital recovery costs for at least
20-year payback period, from the day on which the lease agreement is signed;
regarding the housing leased out to students, the rents shall only comprise
expenditures on administration and maintenance, exclusive of the capital
recovery costs;
2.
Regarding the housing under lease purchase agreement, the lease purchase prices
shall comprise the capital recovery costs for at least 5-year payback period,
from the day on which the lease purchase agreement is signed;
3. The
land levies and/or land rents on the piece of land used for social housing
construction shall be exempted;
4. The
competent agency prescribed in Clause 2 Article 81 of this Law shall promulgate
the rents and lease purchase prices of social housing.
Article
61. Determination of the rents and lease purchase prices of social housing not
invested by the State
1. Regarding
the social housing which is constructed not using capital resources prescribed
in Clause 1 Article 53 of this Law, their rents, lease purchase prices, or
selling prices shall be determined as follows:
a) The
rents shall comprise the expenditures on housing maintenance; capital recovery
cost, interests (if any), or profit quotas prescribed in regulations of the
Government, exclusive of incentives provided by the State prescribed in Clause
1 Article 58 of this Law;
b) The
rents or lease purchase prices shall be determined as prescribed in Point a of
this Clause, exclusive of expenditures on housing maintenance paid by the
lessees as prescribed in Clause 1 Article 108 of this Law;
c) The
selling prices shall be determined by the investor to cover the expenses, loan
interest (if any), and generate profits within the limits prescribed in
regulations of the Government, exclusive of incentives provided by the State as
prescribed Clause 1 Article 58 of this Law;
d) The
investor shall build the social housing, then request the People’s Committee of
the province where the social housing is located to carry out the appraisal of
housing rents, lease purchase prices, or selling prices to before they are
announced.
2.
Regarding the social housing constructed by households or individuals, the
investor shall determined the rents, lease purchase prices, or selling prices
themselves in accordance with Point c Clause 2 Article 58 of this Law.
Article
62. Rules for social housing lease, lease purchase or sale
1. The
social housing lease, lease purchase or sale must comply with regulations of
this Law, each entity prescribed in Clause 1 Article 50 of this Law may not
rent, rent and buy, or buy more than one social house concurrently; the
students of public ethnic boarding schools shall be exempted from housing rents
and service charges during their duration of study.
2. The
term of a social housing lease agreement is at least 05 years; the minimum term
for lease purchase payment for social housing is 05 years from the date on
which the lease purchase agreement is signed.
3. The
lessee under an agreement on social housing lease or lease purchase may not
sell, sublet, or lend that house during the term of the agreement; if he/she no
longer wishes to rent, or rent and buy that house, the agreement shall be
terminated and that house shall be returned.
4. The
buyer under the agreement on social housing lease purchase or sale may not
resell the house within at least 05 years, from the date on which the total
amount is paid off, except for the management unit of that social housing or
entities entitled to buy that social housing if the management unit does not
buy the house at the selling price of the same social housing in the same
location, at the same time. Income from this transaction is exempted from
personal income tax.
5. After
05 years from the date on which the total housing amount is paid off and the
Certificate is granted, the buyer may resell their house according to market
mechanism provided that they have paid land levies as prescribed in regulations
of the Government and income tax as prescribed in law on taxation as required;
if they resell to the entities entitled to buy social housing as prescribed of
this Law, the maximum selling price must equal the selling price of the same
social housing in the same location, the same selling time and that housing is
exempted from personal income tax.
If the
buyer or the lessee who is subject to the relocation may resell the house(s)
according to market mechanism after they have paid off the total amount and
have granted the Certificate provided that they have paid land levies as
prescribed in regulations of the Government and income tax as prescribed in law
on taxation as required.
6. Any
transactions in social housing lease, lease purchase, or sale do not comply
with regulations of this Law, the agreement on housing lease, lease purchase,
or sale shall be invalidated and the lessee or the buyer must return the house
to the agency in charge of social housing; if they do not return the house, the
People’s Committee of the province where the house is located shall enforce the
withdrawal of that house.
The
housing rents or prices shall comply with regulations of law on civil; the
lease purchase prices of social housing shall comply with Article 135 of this
Law.
Article
63. Social housing sale, lease or lease purchase
1. The
investor in the project for social housing construction may decide whether to
sell, or lease and sell off-the-plan housing or sell existing housing.
2. The
transactions in sale or lease purchase of off-the-plan social housing must meet
requirements below:
a) There
are dossiers on residential construction project; there are approved housing
technical design and license for construction if applicable;
b) In
the residential area for sale or lease purchase, the foundation of the house
has been completed as prescribed in law on construction, the system of roads,
water supply and drainage, electricity has been completed in conformity with
the approved specific planning for construction, design documents and rate of
progress; the mortgage on the house (if any) has been paid off, unless
otherwise agreed by the buyer/lessee and the lender;
c) The
housing authority of province has issued the notification of housing
conformable to sale, except for social housing invested by the State using
capital resources prescribed in Clause 1 Article 53 of this Law.
3. The
transactions in lease, sale or lease purchase of existing social housing must
meet requirements below:
a) In
the residential area for lease, lease purchase, or sale, the technical and
social infrastructure has been completed in conformity with the approved
specific planning for construction, design documents and rate of progress; the
mortgage on the house (if any) has been paid off, unless otherwise agreed by
the buyer/lessee and the lender;
b) The
housing authority of province has issued the notification of housing
conformable to sale, lease, or lease purchase, except for social housing
invested by the State using capital resources prescribed in Clause 1 Article 53
of this Law.
c) The
housing satisfies requirements prescribed in Point b and Point c Clause 1
Article 118 of this Law.
4. The
invest may not conclude any agreement on off-the-plan social housing lease;
regarding the housing satisfying requirements prescribed in Point a and Point b
Clause 2 of this Article, the investor may only conclude an agreement on
deposit and collect the lease deposit for not exceeding 12 months of
provisional housing rents; the agreement on deposit must comply with
requirements pertaining to entities and social housing lease as prescribed in
this Law. If the house satisfies all requirements as prescribed in Clause 3 of
this Article, the investor is entitled to conclude the agreement on housing lease
with the contractual party of the agreement on deposit.
5. The
advance paid by the social housing buyer prescribed in this Article shall
conform to agreement on housing sale, approved floor space completed of the
residential building and rate of progress provided that the total amount of
advance paid by the buyer does not exceed 70% of the house's value which is
determined before it is transferred and does not exceed 95% of the house’s
value before the buyer is granted the Certificate.
6. The
Government shall provide guidance on proven documents on entities and
requirements for benefiting from policies on social housing; building or buying
commercial housing for using social housing; type of housing and social housing
area standards; the tax reduction and loan capital incentives given to social
housing for lease; the lease, lease purchase, sale and management of social
housing,
Article
64. Management and use of social housing
1. With
respect to social housing invested by capital resources prescribed in Clause 1
Article 53 of this Law; if there is only one housing-managing organization, it
shall be appointed by the agency in charge of social housing; if there is more
than one organization registering, the housing-managing organization shall be
selected through the inviting bids.
2.
Regarding social housing built not by capital resources prescribed in Clause 1
Article 53 of this Law, the management of housing shall be carried out as
follows:
a) With
respect to social housing for lease, the investor shall manage themselves, or
hire or entrust a housing-managing organization as prescribed in this Law to
the management of that house;
b) With
respect to social housing for lease purchase, the investor shall manage the
house as prescribed in Point a of this Clause; after the lessee has paid off
the total amount to the investor, the housing shall be managed as prescribed in
Point c of this Clause;
c) With
respect to social housing for sale, the buyer shall manage the house themselves
regarding separate housing; or comply with regulations on management of
apartment buildings as prescribed in this Law.
3. The
management of housing shall be provided preferential treatment similarly to
public services.
4. The
social housing-managing organization is entitled to provide other services not
banned from regulations of law in the social housing area in order to reduce
the fees of housing management service.
Section
3. POLICIES ON SOCIAL HOUSING APPLIED TO HOUSEHOLDS OR INDIVIDUALS BUILDING OR
RENOVATING THEIR HOUSING
Article
65. Policies on social housing applied to households or individuals building or
renovating their housing
1. The
State shall support households or individuals prescribed in Clause 1, 2 and 3
Article 49 of this Law in housing construction, renovation, or repair according
to the target programs for housing.
2.
Policies on housing support applicable to entities prescribed in Clause 1 of
this Article shall be carried out as follows:
a)
Support in a portion of capital provided by government budget;
b)
Support in preferential loans provided by banks for social policies;
c)
Support in infrastructure construction in the residential areas of rural areas;
d)
Support in residential land allocation with land levy exemption or reduction as
prescribed in law on land applicable to entities having no residential land;
dd)
Support in housing gifting applicable to entities who are unable to renovate or
repair the house although they have received support as prescribed in Point a
and Point b of this Clause.
3. The
State shall support households or individuals prescribed in Clause 1, 4, 5, 6
and 7 Article 49 of this Law in housing construction, renovation, or repair
according to preferential loans granted by banks for social policies, credit
institutions which are appointed by the State.
Article
66. Implementation of policies on housing support applied to households or
individuals building or renovating their housing
1. The
households or individuals build, renovate, or repair housing themselves.
2. The
State shall build or renovate housing applicable to the disabled, the solitary
who is unable to build or renovate housing themselves.
Chapter
V
FINANCE FOR HOUSING DEVELOPMENT
Article
67. Capital resources for housing development
1.
Capital of organizations, households or individuals.
2. Loans
granted by banks for social policies, credit institutions, or financial
institutions running businesses in Vietnam.
3. The
advance payment of housing sale, lease purchase, or lease as prescribed in this
Law.
4.
Capital resources mobilized by capital contribution, investment cooperation,
business cooperation, joint business, association of organizations or
individuals.
5.
Capital granted by the State, including central capital and local capital,
which is granted to support beneficiaries of social policies in housing
according to the target programs for housing and social housing construction
for lease or lease purchase.
6.
Foreign-related capital and other lawful capital resources.
Article
68. Rules for capital mobilization for housing development
1. The
method of capital mobilization must comply with each type of housing as
prescribed in this Law. Any capital source is mobilized not in accordance with
requirements pertaining to type of housing as prescribed in law on housing
shall be invalidated.
2. Any
organization or individual must satisfy requirements pertaining to capital
mobilization as prescribed in law on housing.
3.
Ensure publicity and transparency; protect lawful rights and interests of
organizations or individuals invested in housing development.
4. The
organization or individual must use that capital for proper purposes, and may
not use it for other projects or improper purposes.
5. The
capital invested in housing development and implementation of policies on
social housing shall be managed as prescribed in this Law, relevant law
provisions and agreement of contracting parties.
6. The
Government shall provide guidance on capital mobilization, content,
requirements, and methods of capital mobilization for housing development.
Article
69. Capital resources for commercial housing development
1.
Capital resources under ownership of the investor.
2.
Capital resources mobilized through methods of capital contribution, investment
cooperation, business cooperation, joint business, association of organizations
or individuals.
3. The
advance payment according to agreements on off-the-plan housing sale, lease, or
lease purchase. 4. Loans granted by credit institutions, or financial
institutions running businesses in Vietnam.
Article
70. Capital resources for implementation of policies on social housing
1.
Capital of investors or capital mobilized through methods of capital
contribution, investment cooperation, business cooperation, joint business,
association of organizations or individuals.
2. Capital
of beneficiaries of policies on social housing.
3.
Investment capital of the State prescribed in Clause 1 Article 53 of this Law.
4.
Capital provided directly to beneficiaries of policies on social housing by the
State; capital provided through concessional loans by bank for social policies
or the credit institutions which are appointed by the State.
5.
Capital from Funds and other lawful capital resources.
Article
71. Capital resources for official residence development
1.
Government budget capital includes central budget and local budget.
2. Other
capital resources as prescribed.
Article
72. Capital resources for housing development serving the relocation
1.
Capital of investors or capital resources mobilized through capital
contribution, investment cooperation, business cooperation, joint business,
association of organizations or individuals.
2.
Investment capital of the State prescribed in Clause 3 Article 36 of this Law.
3.
Capital from Land development funds.
4.
Capital from compensation for relocation when the land clearance is conducted
as prescribed.
5.
Capital mobilized from other lawful capital resources.
Article
73. Capital resources for development of housing of households or individuals
1.
Capital of households or individuals.
2.
Cooperated capital between households and individuals; capital from support of
relatives and community.
3. Loans
granted by credit institutions, or financial institutions running businesses in
Vietnam.
4.
Capital provided for beneficiaries of policies on housing support prescribed in
Article 65 of this Law by the State.
5. Other
lawful capital resources.
Article
74. Preferential loans granted by banks for social policies for social housing
development
1. The
State shall grant preferential loans with low interests and long term through
funding provided for banks for social policies in order to implement the target
programs for housing and social housing construction.
2. The
bank for social policies may mobilize saving deposits from domestic households
and individuals, who wish to buy, rent and buy social housing, then grant loans
with preferential interests and long term after a certain period in which the
saving accounts are deposited.
3. The
bank for social policies must manage and use the capital resources for proper
purposes as prescribed in Clause 1 and Clause 2 of this Article.
4. The
Ministry of Construction and the Ministry of Labor, War Invalids and Social
Affairs are responsible for management of capital resources and use of capital
resources as prescribed in Clause 1 and Clause 2 of this Article.
5. The
Government shall provide guidance on this Article.
MANAGEMENT AND USE OF HOUSING
Section
1. GENERAL MANAGEMENT AND USE OF HOUSING
Article
75. Content of management and use of housing
1.
Compiling, archiving and management of documents on housing.
2. Home
insurance.
3.
Management and use of housing possessing art, culture and/or history value.
4.
Management and use of state-owned housing.
5.
Housing warranty, maintenance, renovation, or demolition.
Article
76. Dossiers on housing
1. The
homeowner, or the occupiers if it is unable to determine the homeowner, or the
agency in charge of state-owned housing, shall compile and store the dossiers
on housing as prescribed in Clause 2 of this Article and Article 77 of this
Law.
2. The
dossier on housing shall include:
a)
Regarding housing in rural and urban areas occupying before July 1, 2006, the
dossier shall include the proven documents on lawful housing or declarations
about housing as prescribed in law on housing;
b)
Regarding housing in urban areas occupying from July 1, 2006, the dossier on
housing shall include proven documents on lawful housing; documents on
consulting organizations, construction organizations, design drawings, floor
plan, site plan, as-built dossiers prescribed in law on construction (if any);
c)
Regarding housing in rural areas occupying before July 1, 2006, the housing
dossiers shall include documents on lawful housing and floor plan, site plan
(if any);
d)
Regarding projected-base housing construction, the dossier shall include
documents on residential construction project and as-built dossiers as
prescribed.
Article
77. Archiving and management of documents on housing.
1.
Responsibility of organizations or individuals for archiving of housing
dossier:
a) The
homeowner, or occupiers incase it is unable to determine the homeowner or
management unit of state-owned house management, shall be responsible for
archiving of housing dossier;
b) The
housing authorities of districts shall archive housing dossiers of Vietnamese
households or individuals, overseas Vietnamese in the district;
c) The
housing authorities of provinces shall archive housing dossiers of Vietnamese
organizations, foreign organizations, foreign individuals and projects for
housing construction in the province.
2. When
granting the Certificate, the competent agency shall provide information about
housing prescribed in Clause 2 Article 76 of this Law to the housing authority
at the same level to compile the housing dossiers.
The
People’s Committee of the province shall promulgate regulations on cooperation
of information exchange in housing between the competent agency in charge of
Certificate issuance and the local housing authority in order to ensure the
unanimity of information about housing or residential land stated in the
housing dossier.
Article
78. Home insurance.
1. The
State encourages the homeowners to buy home insurance. With respect to any
house in the list of facilities in danger of the fire prescribed in law on fire
safety, its homeowner is required to buy compulsory fire and explosion
insurance.
2.
Forms, premium rates, and terms of home insurance shall comply with law on
insurance business and law on fire safety.
Article
79. Management and use of housing possessing art, culture and/or history value.
1. The
housing possessing art, culture and/or history value including old villas
regardless of forms of homeownership shall be determined as follows:
a) Any
house which is ranked as a national or provincial cultural and historical
monument by the competent agency;
b) Any
house which is not subject to Point a of this Clause but it is in the list
approved by the People’s Committee of the province at the request of the
competent agency prescribed in Clause 2 of this Article.
2. The
People’s Committee of the province shall set up a council including
representatives of agencies of the province in charge of architectures,
construction and/or culture, professional partnership and related scientists to
determine criteria and list of housing possessing art, cultural, and/or
historical value in the province for approval.
3. The
management and use of housing prescribed in Clause 1 of this Article shall
comply with regulations of this Law and law on cultural heritage; regarding state-owned
houses, they must also comply with Section 2 of this Chapter.
4.
Funding for management, maintenance, reservation, and/or renovation of housing
prescribed in Point a Clause 1 of this Article and state-owned houses allocated
by the government budget.
With
respect to housing prescribed in Point b Clause 1 of this Article, except for
state-owned houses and according to condition of the province, the People’s
Committee of the province shall decide to provide a portion or entire funding
in order for the homeowner to manage, reserve, maintain or renovate that
houses.
Section
2. MANAGEMENT AND USE OF STATE-OWNED HOUSES
Article
80. Types of state-owned houses
1.
Official residences which are constructed by the State, or bought by government
budget, or established under ownership of the State as prescribed.
2.
Houses subject to the relocation which are invested by the State using the
capital resources prescribed in Clause 3 Article 36 of this Law.
3.
Social houses which are invested by the State using the capital resources
prescribed in Clause 1 Article 53 of this Law.
4. Old
houses which are invested by government budget or government budget-related
capital or established under ownership of the State and leased out to
households or individuals as prescribed in law on housing.
Article
81. Management and use of state-owned housing
1. The
state-owned houses must be used for proper purposes, efficiently, avoid losses
and waste; the housing sale, lease, lease purchase and/or withdrawal and
management or use of state-owned housing must comply with regulations of this
Law.
2. The
following agencies shall be the representatives of the homeowners and in charge
of management of state-owned houses:
a) The
Ministry of Construction shall manage official residences and/or social housing
which are invested by central budget; the Ministry of National Defense and/or
the Ministry of Public Security shall manage the housing invested by the
Ministry of National Defense and/or the Ministry of Public Security;
b) The
People’s Committee of the province shall be in charge of the housing invested
by local budget and/or in the province.
3. The
management of state-owned housing shall be conducted by any enterprise or
cooperative in charge of housing management, and they shall enjoy preferential
treatment similarly to public services. The state-owned housing
managing-organization shall be selected by the competent agency prescribed in
Clause 2 of this Article.
4. The
official residence is only used for lease, the social housing is only used for
lease, or lease purchase; in case the lessee no longer wishes to use or move to
other places without subject to demolition or reconstruction of other social
housing, the Ministry of Construction shall assess the conversion of form of
the housing and manage the housing lease or sale as prescribed in this Law,
then request the Prime Minister for approval.
5. Any
lessee of an official residence who is not entitled to rent official residence,
or move to another place, or commit violations against regulations on
management and use of housing leading to housing withdrawal shall return the
official resident to the State as prescribed.
If the
aforesaid lessee is not subject to housing withdrawal due to violations against
regulations prescribed in Point a, e and h Clause 1 Article 84 of this Law and
has not had any house, the superior agency of the lessee shall cooperate with
the People’s Committee of the province in leasing, leasing and selling, or
selling social housing or allocating residential land to the lessee according
to actual condition after he/she returns the official residence.
6. The
Government shall provide guidance on state-owned housing lease, lease purchase,
sale, exemption or reduction in housing rents, and management and use of
state-owned housing.
Article
82. Entities eligible for state-owned housing lease, lease purchase or sale
1.
Entities eligible for state-owned housing lease, lease purchase or sale:
a) The
entity prescribed in Clause 1 Article 32 and Clause 9 Article 49 of this Law
may only enter into housing lease agreement;
b) The
entity prescribed in Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law may
enter into social housing lease or lease purchase agreement;
c) The
entity prescribed in Clause 10 Article 49 of this Law may enter into housing
lease, or lease purchase for relocation if he/she has not entered into any
social housing lease or lease purchase agreement;
d) The
entity using old housing prescribed in Clause 4 Article 80 of this Law may
enter into housing lease or sale agreement.
2.
Requirements for state-owned housing lease, lease purchase or sale:
a) The
entity entitled to rent official residence must meet requirements prescribed in
Clause 2 Article 32 of this Law;
b) The
entity entitled to enter into social housing lease or lease purchase agreement
must meet requirements prescribed in Clause 1 Article 51 of this Law; if he/she
is the entity prescribed in Clause 10 Article 49 of this Law, he/she also has
not been allocated housing or residential land subject to relocation;
c) The
entity entitled to enter into housing lease, lease purchase or sale agreement
for relocation must obtain the decision on entities subject to land withdrawal
and/or housing clearance made by the competent agency and have not entered any
such type of agreement;
d) The
entity entitled to rent or buy the old house must live in that house actually
or wish to rent or buy that house.
Article
83. State-owned housing lease, lease purchase or sale
1. The
state-owned housing lease, lease purchase or sale must ensure the publicity and
transparency; apart from requirements prescribed in Article 82, Article 84 and
regulations on housing sale, lease, or lease purchase in the Chapter VIII of
this Law, the following regulations must be followed:
a) The
official residence lease must comply with prescribed in Article 33 of this Law;
b) The
housing lease, lease purchase or sale for relocation must comply with
prescribed in Article 35 and Article 41 of this Law;
c) The
social housing lease, lease purchase or sale must comply with prescribed in
Article 62 and Article 63 of this Law;
d)
Regarding old housing lease or sale, that house has not been filed a lawsuit,
or dispute over housing use rights and subject to lease or sale as prescribed
in law on housing.
2. The
agreement on housing lease, lease purchase or sale must comply with prescribed
in Article 121 of this Law; The agreement shall be concluded as follows:
a)
Regarding social housing sale or lease purchase, or old housing sale, the
agreement shall be concluded between the buyer or the lessee and the housing
authority;
b)
Regarding housing lease, lease purchase or sale for the relocation, the
agreement shall be concluded between entities subject to relocation and agency
in charge of relocation;
c)
Regarding housing lease including old housing lease, official residence lease,
or social housing lease, the agreement shall be concluded between the lessee
and housing authority or housing authority management.
Article
84. State-owned house withdrawal
1. A
state-owned house shall be withdrawn in the one of cases below:
a) The
transaction in housing sale, lease, or lease purchase is conducted ultra vires,
uneligible entities, or failed to meet requirements as prescribed in this Law;
b) The
lease agreement expires but the lessee no longer wishes to rent or both
contractual parties agree to terminate the housing lease or lease purchase
agreement;
c) The
lessee returns the house under housing lease or lease purchase agreement;
d) The
lessee no longer entitled to rent housing as prescribed in this Law;
dd) The
lessee dies or has been declared as missing by the Court but he/she has nobody
living together; or the lessee who is entitled to rent the official residence
dies or has been declared as missing by the Court;
e) The
lessee has not paid the rent for 3 months or more without good reasons.
g) The
housing for lease or lease purchase is subject to demolition for renovation or
reconstruction according to the decision of the competent agency;
h) The
lessee does not use the house for proper purposes as agreed in the housing
lease agreement or he/she exchanges, sells, sublets or lends the house, or
expands, renovates, or demolishes the house himself/herself without the consent
of the homeowner.
2. The
lessee of the house subject to housing withdrawal as prescribed in Clause 1 of
this Article shall return the house to the housing authority; if not, the
agency representing the homeowner shall enforce the housing withdrawal; the
People’s Committee of the province shall enforce that house within 30 days,
from the date on which the enforcement decision on housing withdrawal is
issued.
Section
3. HOUSING WARRANTY, MAINTENANCE AND RENOVATION
Article
85. Housing warranty
1. Any
organization or individual building the house must give housing warranty as
prescribed in law on construction; any organization or individual provides
housing equipment must give equipment warranty according to the term
recommended by the producer.
Regarding
housing for sale or lease purchase, the seller or the lessor must give housing
warranty as prescribed in Clause 2 and Clause 3 of this Article. The seller or
the lessor is entitled to request the builder or the equipment provider to give
warranty as prescribed.
2. The
house shall be given warranty from the date on which the construction has been
completed and the house is permitted to put into operation with the warranty
period below:
a) At
least 60 months regarding apartment buildings;
b) At
least 24 months regarding separate housing.
3. The
housing warranty shall include repair of frames, columns, beams, floors, walls,
ceilings, roofs, terraces, stairways, paneled sections, paving, plastering,
fuel supply system, electricity supply system, lighting supply system, water
tank and water supply systems, septic tanks and sewage drainage systems,
municipal waste; or solutions to cases of housing tilt, subsidence, cracking,
collapse and other content as agreed in the agreement on housing sale or lease
purchase.
Regarding
other equipment attached to the house, the seller or the lessee shall give
warranty including repair or replacement with the time limit recommended by the
manufacturer.
Article
86. Housing maintenance
1. The
homeowner is responsible for housing maintenance; in case it is unable to
determine the homeowner, the occupier(s) of that house shall be responsible for
housing maintenance.
2. The
housing maintenance must comply with regulations of this Law and law on
construction; regarding any house prescribed in Clause 1 Article 79 of this Law
must also comply with regulations on architecture and planning and law on
repair, reserve, and restoration of historical and/or cultural monuments.
3. The
homeowner or the housing maintenance unit must ensure safety of people, assets,
and ensure hygiene and environment during the housing maintenance progress; the
state-owned housing maintenance must comply with regulations in Article 90 of
this Law.
Article
87. Home renovation
1. The
homeowner may renovate any house under their homeownership; the person other
than the homeowner may only renovate that house with the consent of the
homeowner.
2. The
home renovation must comply with regulations of this Law and law on
construction; in case the house must be renovated under a project as prescribed
in regulations of law, the renovation must be carried out according to the
approved project. The renovation to state-owned houses must comply with
regulations in Article 90 of this Law.
3.
Regarding the house prescribed in Clause 1 Article 79 of this Law, the
renovation must comply with law on planning, architecture, management of
cultural heritage; if the house must be approved by the competent agency before
renovation, the homeowner, or the housing authority must comply with
regulations in that approval.
4. Apart
from above regulations, the old house prescribed in Clause 1 Article 79 of this
Law must comply with the regulations below:
a) Do
not change the status quo of the villas;
b) Do
not demolish the house if it is not seriously damaged, in danger of collapse
according to appraisal given by the housing authority of province; if the house
is reconstructed as required, it must conform to the same architecture,
materials, building density, number of storeys and the height of the old villa;
c) Do
not create structure in order to increase area or expand or appropriate outside
space of the villa.
Article
88. Rights and obligations of homeowners in the housing maintenance and
renovation
1. The
homeowner has rights to:
a)
Maintain or renovate the house himself/herself, or hire an organization or
individual to maintain or renovate their house; or hire an agency or individual
in charge of maintenance or renovation as prescribed in regulations of law;
b)
Request the competent agency to issue the license for construction as required,
or facilitate the housing maintenance or renovation if it meets all
requirements prescribed in law on construction.
c)
Exercise other rights as prescribed.
2. The
homeowner has obligations to:
a)
Comply with regulations of law on housing maintenance and renovation; and
enable other homeowners to maintain or renovate their houses;
b) Pay
compensation in case he/she causes damage to other people;
c)
Fulfill other obligations as prescribed.
Section
89. Maintenance and renovation of houses under lease agreement
1. The
lessor may renovate the house with the consent of the lessee, except for
emergency cases or force majeure events; the lessee shall enable the lessor to
maintain or renovate the house.
2. The
lessor is entitled to adjust the proper rents after finishing the renovation
provided that the remaining lease term is shorter than one third of lease term;
in case the lessee does not agree with the new rent, he/she entitled to
unilaterally terminate the agreement and claim the compensation as prescribed.
3. In
case the lessee is required to move to another place for housing maintenance or
renovation, the contracting parties shall agree about the temporary place and
the rent during the maintenance or renovation period; in case the lessee may
manage the accommodation themselves and has paid the rent for entire
maintenance or renovation period, the lessor must repay that amount of rent to
the lessee. The maintenance or renovation period shall not be included in the
term of the housing lease agreement. The lessee is entitled to keep renting the
house after finishing the maintenance or renovation.
4. The
lessee is entitled to request the lessor to maintain the house, unless the
house is damaged caused by the lessee; in case the lessor does not maintain the
house, the lessee is entitled to carry out the maintenance provided that he/she
notifies the lessor in writing at least 15 days preceding the maintenance's
date. The notification must state the maintenance program and funding. The
lessor must pay the maintenance funding to the lessee or amortize the rents.
Article
90. State-owned housing maintenance or renovation
1. The
housing maintenance or renovation must be approved by the competent agency and
comply with regulations of this Law and law on construction.
2. In
case the house under lease agreement is renovated, it must comply with Article
89 of this Law; in case there is an approval issued by the housing authority to
renovate the house using their own funding, the renovated part of the house is
still under the ownership of the State, then the housing authority must refund
to the lessee or amortize the rents.
Article
91. Maintenance or renovation of jointly-owned houses
1. The
joint owners of the jointly-owned houses have rights and obligations in
maintenance or renovation of the house in proportion to their own ownership; in
case it is unable to determine the portion of ownership of each homeowner, the
obligations to maintain or renovate the house shall be divided equally to the
joint owners. The maintenance or renovation of jointly-owned houses must be
conducted with the consent of all joint owners.
2. The
funding for the maintenance or renovation of the common areas shall be divided
in proportion to the ownership of each homeowner, unless otherwise agreed by
the joint owners. Regarding a multi-owner building, the contribution of funding
maintenance of the common areas shall be conducted in accordance with Article
108 of this Law.
Section.
HOUSING DEMOLITION
Article
92. Housing to be demolished as required
1. Any
house is seriously damaged, in danger of collapse, or unsafe for its occupiers
which is declared in the Decision on quality assessment issued by housing
authority of province where the house is located or in case of state of
emergency or response to disasters.
2. Any
house in the cases prescribed in Clause 2 Article 110 of this Law.
3. Any
house subject to land clearance for land withdrawal according to the decision
of the competent agency;
4. Any
house built in the area banned from construction or on the piece of land other
than residential land under the planning approved by the competent agency.
5. Any
house subject to demolition prescribed in law on construction.
Article
93. Responsibility for housing demolition
1. The
homeowners or the occupiers are responsible for housing demolition; in case it
required to carry out the land clearance to rebuild the housing or other
construction, the investor shall be responsible for the housing demolition.
2. The
homeowner may demolish the house themselves as prescribed in law on
construction or hire an organization or individual in charge of housing
demolition.
3. In
case an apartment building is demolished to renovate or rebuild a new apartment
building, it must comply with Section 2 Chapter VII of this Law.
4. The
People’s Committee of the commune shall observe and expedite the housing
demolition in the commune.
Article
94. Requirements for housing demolition
1.
People and assets must be moved outside the demolition area.
2. There
are warning signs and solutions to isolating from surrounding area.
3. The
requirements pertaining to the safety of people, assets, surrounding
construction, technical infrastructural works not subject to demolition and
hygiene and environment must be satisfied as prescribed.
4. The
demolition of the housing in the residential areas may not be conducted from 12
p.m to 13 p.m and from 22 p.m to 5 a.m, except for state of emergency.
Article
95. Enforcement of housing demolition
1. In
case the house subject to demolition prescribed in Article 92 of this Law but
the homeowner, the investor in the construction or the occupier does not
demolish voluntarily the house, the competent agency prescribed in Clause 2 of
this Article shall issue the decision on enforcement of house demolition.
2.
Competence in issuance of decision on enforcement of house demolition shall be
regulated as follows:
a) The
President of the People’s Committee of district shall issue the decision on
enforcement of house demolition for land withdrawal prescribed in Clause 3
Article 92 of this Law, separate house demolition prescribed in Clause 1, 4 and
5 Article 92 of this Law;
b) The
President of the People’s Committee of province shall issue the decision on
enforcement of apartment building demolition prescribed in Clause 1, 2, 4 and 5
Article 92 of this Law.
3. The
People’s Committee of district shall implement the enforcement of housing
demolition pursuant to the decision on enforcement of housing demolition
prescribed in Clause 2 of this Article.
4.
Funding for enforcement of housing demolition:
a) The
homeowner, or the occupier, or the investor shall pay expenditures on
enforcement of demolition and related expenditures;
b) In
case the homeowner, the occupier, or the investor fails to pay the
expenditures, the competent agency issued the decision on enforcement shall
carry the enforcement of assets to ensure the funding for demolition.
Article
96. Dwelling for the homeowner during housing demolition
1. The
homeowner shall manage dwelling himself/herself when the house is demolished.
2. In
case a house subject to land withdrawal is demolished, the dwelling of the
homeowner shall comply with policies on relocation housing when the State
withdraw land as prescribed in this Law and law on land.
3. In
case an apartment building is demolished to renovate or rebuild a new apartment
building, the dwelling of the homeowner whose apartment building is demolished
shall be settled as prescribed in Article 116 of this Law.
Article
97. Demolition of the housing under lease agreement
1. The
lessor must notify the lessee of the demolition in writing for at least 90 days
before demolition, except for state of emergency or demolition as defined in
the administrative decisions of the competent agency.
2. In
case of demolition for rebuilding the house and the lease term does not expire,
the lessor take responsibility for arranging another place for the lessee
during the demolition and reconstruction period, unless the lessee agrees to
manage the dwelling themselves. After finishing the house, the lessee entitled
to keep renting the house until the lease agreement expires, unless the lessee
does not wish to keep renting that house; in case the lessee manage the
dwelling himself/herself, he/she is exempt from the rent during the demolition
or reconstruction period, such period shall not be included in the term of the
lease agreement.
Chapter
VII
MANAGEMENT AND USE OF APARTMENT BUILDINGS
Section
1. MANAGEMENT, USE AND MAINTENANCE OF APARTMENT BUILDINGS
Article
98. Classification of apartment buildings
1.
Apartment buildings are classified into different categories to determine the
value of the apartment buildings when managing them or putting them onto the
market.
2. The
Minister of Construction shall regulate the classification and recognition for
classification of apartment buildings.
Article
99. Useful life of apartment buildings
1. The
useful life of an apartment building is determined according to the class of
the construction and conclusion on quality assessment provided by the housing
authority of province where the apartment buildings prescribed in Clause 2 of
this Article are located. The People’s Committee of the province shall grant
funding to carry out the housing quality assessment.
2. When
the useful life of the apartment building expires as prescribed in law on
construction or the apartment building is seriously damaged, or in danger of
collapse, or unsafe for its occupiers, the housing authority of province shall
carry out the housing quality inspection following procedures below:
a) In
case the apartment building is still quality and safe for occupiers, its
owner(s) entitled to use it for a period stated in the conclusion, except for
cases prescribed in Clause 2 and Clause 3 Article 110 of this Law;
b) In
case the apartment building is seriously damaged, in danger of collapse, or
unsafe for its occupiers, the housing authority of province shall issue the
conclusion on housing quality inspection and send a report to the People’s
Committee of the province, then send a notification to the homeowner; the
content of the notification must be disclosed on the website of the People’s
Committee and the housing authority of province, and by means of local mass
media.
The
owner(s) of the apartment building must demolish the apartment building to
renovate or rebuild a new apartment building or transfer it to the competent
agency to demolish or rebuild another construction as prescribed in Clause 3 of
this Article.
3. Any
apartment building and the piece of land on which an apartment building is
located prescribed in Point b Clause 2 of this Article shall follow the
procedures below:
a) In
case the piece of land on which the apartment building is located is still
conformable with the planning for housing construction, the owner(s) is/are
entitled to renovate or rebuild a new apartment building as prescribed in
Section 2 of this Chapter;
b) In
case the piece of land on which the apartment building is located is no longer
conformable with the planning for housing construction, the owner(s) must
return this apartment building to the competent agency in order to demolish and
rebuild another construction according to the approved planning;
c) In
case the owner(s) of the apartment building fails to implement the decision on
demolition or return the apartment building, the President of the People’s
Committee of the province shall enforce the housing demolition or enforce the
relocation;
d) The
settlement of dwelling provided for the owners of the apartment building which
is demolished shall comply with Article 116 of this Law.
In case
the apartment building is demolished to rebuild a new apartment building, the
owners are entitled to keep using the piece of land on which that apartment
building is located; in case the apartment building is demolished to build
another construction, the settlements of the piece of land on which that
apartment building is located shall comply with regulations of law on land.
Article
100. The private areas and common areas in apartment buildings
1. The
private areas in an apartment building include:
a) The
interior of apartments including balconies, loggias attached to those
apartments;
b) Other
areas in the apartment building which are under private ownership of the
homeowner of the apartment building;
c)
System of private technical equipment attached to the apartments and other
areas under private ownership.
2. The
common areas in an apartment building include:
a) The
remaining area of the apartment building except for the private areas mentioned
in Clause 1 of this Article; the community center of the apartment building;
b)
Shared areas and supporting structure systems, technical equipment in the
apartment building including frames, columns, load-bearing walls, enclosing
walls, apartment-dividing walls, floors, roofs, terraces, corridors, stairways,
elevators, emergency exits, garbage chute, systems of electricity supply, water
supply, gas supply, communication system, radio, television, drainage, septic
tanks, lightning conductors, fire fighting and other parts not under private
ownership of the apartment building’s homeowners;
c)
Exterior technical infrastructure but connected to the apartment building,
except for technical infrastructure system which is used for public purposes or
required to transfer to the State or the investor in charge of the approved
project;
d) Public
constructions in the apartment building area which are not built for commercial
purposes or required to transfer to the State according to the approved project
include public yards, flower gardens and other constructions mentioned in the
approved residential construction project.
Article
101. Parking lots and determination of floor area of apartments, or other areas
in apartment buildings
1. The
investor must construct a parking lot for owners and occupiers in the apartment
building including cars, two-wheel motorcycles, three-wheel motorcycles,
bicycles and vehicles for the disabled according to the approved standards for
construction and design, and ensure that the parking lot is used properly. The
ownership or rights to use pertaining to the parking lot shall be determined as
follows:
a) Any
area used for bicycles, vehicles for the disabled, two-wheel motorcycles, or
three-wheel motorcycles of owners or occupiers of the apartment building shall
be under joint ownership and joint use rights of the apartment building’s
owners.
b) Any
buyer or lessee of apartments or other areas in the apartment building may buy
or rent the area used for cars of the apartment building’s owners; in case
he/she does not buy or rent that area, it shall be under management of the
investor and the investor may not include the expenditures on the parking lot
construction in the selling prices or lease purchase prices. The arrangement of
parking lot for cars in the apartment building must follow the rules that the
cars of the apartment building’s owners shall be given priority over other
cars.
2. The
floor area of apartments or other private areas of apartment building’s
homeowner shall be determined according to carpet area including the area of
partition walls between the rooms and balcony area, loggia (if any) of the
apartment, exclusive of its enclosing walls, separating walls between the
apartments, floor area including column(s), technical boxes inside. When
calculating the balcony area, the total floor area must be calculated; in case
the balcony has shared wall, it shall be calculated from the inner edge of the
shared wall.
Article
102. Apartment building meetings
1.
Apartment building meeting is a meeting between owners or occupiers of the
apartment building if the apartment building’s owners do not attend.
2. The
apartment building meeting shall be held to decide issues prescribed in Clause
3 and Clause 4 of this Article when the apartment building meets all
requirements mentioned in the Statue on management and use of apartment
buildings issued by the Minister of Construction.
3. With
respect to any apartment building having many homeowners (hereinafter referred
to as multi-owner building), the Apartment building meeting shall be held to
decide the issues below:
a)
Nominate, elect, or dismiss members of the Management board of the apartment
building; pass, amend the Regulations on management and use of the apartment
building;
b) Pass,
or amend Operation regulation of the Management board of the apartment
building; decide the responsibility allowance provided for the Management board
members and reasonable costs serving the operation of the Management board;
c) Pass
the charges of apartment building management services as prescribed in Article
106 of this Law and the use of funding for maintenance of common areas in the
apartment building;
d)
Decide to choose the managing organization of the apartment building in case
the investor(s) are not in charge of apartment building management, or they are
in charge of apartment building management but they refuse to manage the
apartment building, or they manage the apartment building but they do not meet
requirements as agreed in the agreement on service provision concluded with the
Management board of the apartment building;
dd) Pass
the report on management operation, maintenance of common areas operation of
the apartment building;
e)
Decide other issues relating to the management and use of the apartment
building.
4. With
respect to any single-owner apartment building, the Apartment building meeting
shall be held to decide the issues prescribed in Point a, b and e Clause 3 of
this Article.
5. Every
decision issued by the Apartment building meeting on issues prescribed in
Clause 3 of this Article shall be passed under the majority rule by the voting
by hands or ballots, which is recorded in writing, and signed by the members in
charge of the meeting and secretaries of the meeting.
Article
103. Management board of the apartment building
1. If
the apartment building has fewer than 20 apartments regardless of single-owner
building or multi-owner building, the homeowner(s) and/or the occupiers of the
apartment building shall decide whether to set up or not set up the Management
board of the apartment building; if the Management board of the apartment
building is set up, it shall follow the procedures below:
a)
Regarding the multi-owner building, the components of the Management board
shall include the representative of the owner and the occupiers;
b)
Regarding the multi-owner building, the components of Management board of the
apartment building shall comply with Clause 2 of this Article.
2.
Regarding the apartment building having 20 apartments or above, it is required
to set up the Management board of the apartment building. The members of the
Management board of the apartment building shall include apartment building’s
owners, representatives of the investor(s) (if any); in case the occupiers also
attend the Apartment building meeting, the members of the Management board of
the apartment building may include the occupiers.
3. The
Management board of the single-owner building shall be organized under
autonomous model. The Management board of the multi-owner building shall be
organized under model of Board of Directors of a joint-stock company or under
model of Chairman of Board of Cooperatives, which has legal status, seal and
exercise the rights and fulfill obligations as prescribed in Clause 1 Article
104 of this Law.
When
electing or dismissing members of the Management board of the apartment building,
the homeowners or occupiers of the apartment building are not required to set
up a joint-stock company or a cooperative; the members of the Management board
shall be elected or dismissed through the Apartment building meeting according
to the Statute of management and use of apartment buildings issued by the
Minister of Construction.
Article
104. Rights and responsibilities of the Management board of the apartment
building
1.
Regarding the multi-owner building, the Management board has rights and obligations
to:
a)
Remind the homeowners or the occupiers to conform to the Regulations or
Statutes of management and use of the apartment building;
b)
Manage and use the funding for maintenance of common areas in the apartment
building as prescribed of this Law and decisions issued by the Apartment
building meeting; send a report on receipts and expenditures on this funding to
the Apartment building meeting;
c)
Request the Apartment building meeting to pass the fees for apartment building
management services;
d)
Conclude an agreement on provision of apartment building management services
with the investor or the unit in charge of apartment building management chosen
by the Apartment building meeting as prescribed in Point d Clause 3 Article 102
of this Law
In case
the apartment building is not required to have the managing organization as
prescribed in Point b Clause 1 Article 105 of this Law but it is transferred to
the Management board of the apartment building by the Apartment building
meeting, the Management board shall conduct the receipts and expenditures of
funding provided for in the decision of Apartment building meeting;
dd)
Conclude an agreement with an housing maintenance unit as prescribed in law on
construction to maintain the common areas of the apartment building and observe
the maintenance operation. The maintenance of common areas may be carried out
by the management unit of apartment building or the housing maintenance unit as
prescribed in law on construction;
e)
Collect opinion and suggestion from the occupiers about the management, use and
provision of apartment building services, then cooperate with related competent
agencies, organizations or individual in consideration;
g)
Cooperate with the local governments, neighborhoods in adoption of civilized
lifestyle, maintenance of social order and security in the apartment building;
h)
Conform to Operation regulation issued by the Management board of the apartment
building passed by Apartment building meeting, do not dismiss or supplement members
to the Management board of the apartment building itself;
i)
Receive responsibility remuneration and other reasonable costs as provided for
in the decisions issued by Apartment building meeting;
k) Take
legal responsibility, take responsibility to the homeowners or occupiers when
they exercise rights and fulfill obligations inconsistently with this Clause;
l)
Perform other tasks assigned by the Apartment building meeting in accordance
with regulations of law.
2.
Regarding single-owner building, the Management board of the apartment building
shall exercise rights and fulfill obligations as prescribed in Point a, e, g,
h, I, k and l Clause 1 of this Article.
Article
105. Management of apartment buildings
1. The
management of an apartment building shall be carried out as follows:
a)
Regarding any apartment building having elevators, the managing organization
shall carry out the apartment building management;
b)
Regarding any apartment building having no elevator, the Apartment building
meeting shall be held to decide whether to manage themselves or hire a managing
organization conducting the apartment building management.
2. Any
apartment building managing organization must satisfy requirements pertaining
to competency as follows:
a) It is
established and operated as prescribed in regulations of the Law on enterprise
or the Law on cooperatives and in charge of apartment building management;
b) It is
required to have departments in charge of apartment building management
including technology, service, security, hygiene, or environment units;
c) There
are personnel meeting requirements pertaining to housing management including
construction, electric technique, water, fire safety, operation of equipment
attached to the apartment building and certificates of training in apartment
building management as prescribed in regulations of the Minister of
Construction.
3. The
apartment building managing organization shall manage the technical system,
equipment, and provision of apartment building services, maintain the apartment
building and perform other tasks relating to the apartment building management.
4. The
apartment building managing organization is entitled to collect fees for
management of the apartment building from the homeowners, or the occupiers
according to the prices prescribed in Clause 3 and Clause 4 Article 106 of this
Law; regarding the state-owned apartment building, the fees for management
services shall comply with regulations in Point a, Clause 5, Article 106 of
this Law.
5. The
managing organization is entitled to manage more than one apartment building in
the same or different administrative divisions.
Article
106. Fees for apartment building management services
1. The
fees for the apartment building management services (hereinafter referred to as
the service fees) must be determined publicly, transparently and according to
tasks carried out regarding each type of apartment building.
2. The
service fees do not include expenditures on maintenance of common areas,
parking fees, expenditures on fuel, energy, tap water, television services,
communication and other fees serving the private use of the homeowners or
occupiers.
3.
Regarding a multi-owner building, the service fees shall comply with
regulations below:
a) In
case it fails to organize the Apartment building meeting for the first time,
the service fees shall be the fees as defined in the agreement on housing sale
or lease purchase,
b) In
case the Apartment building meeting has been organized, the service fees shall
be determined by the Apartment building meeting.
4.
Regarding any single-owner building, the service fees shall be charged
according to the agreement concluded between the homeowner and the occupiers;
regarding any state-owned apartment building, the service fees shall comply
with Clause 5 of this Article.
5. The
People’s Committee of the province shall issue the service fee bracket in order
to apply to the following cases:
a)
Collect the service fees on state-owned apartment buildings in the province;
b)
Enable contracting parties to enter into agreements on housing sale or lease
purchase or in case there is dispute over the service fees between the managing
organization and the homeowners and the occupiers; in case it fails to agree
about the service fees, the fees in the service fee bracket issued by the
People’s Committee of the province shall be applied.
Article
107. Apartment building maintenance
1. The
maintenance of an apartment building includes the maintenance of private areas
and maintenance of common areas. The homeowner of the apartment building must
maintain the private areas and provide funding for maintenance of common areas
in the apartment building.
2.
Regarding the multi-owner building, the funding for maintenance of common areas
shall be provided as prescribed in Article 108 of this Law and that funding
shall be used as prescribed in Article 109 of this Law.
3. The
maintenance work, program and management of documents on the apartment building
maintenance shall comply with the law on construction.
Article
108. Funding for maintenance of common areas in the multi-owner building
1.
Funding for maintenance of common areas in the multi-owner building shall
comply with regulations below:
a)
Regarding apartments or other areas in the apartment building which are sold,
or leased and sold by the investor, the investor must pay 2% of value of the
apartments or other areas; this amount of money shall be included in the
selling price or lease purchase price paid by the buyer or lessee when transfer
the apartments or other area, which is stated in the agreement;
b)
Regarding apartments or other areas in the apartment building which are not
sold, or lease and sold by the investor or have been not sold, or leased and
sold up to the date on which the apartment building is put into operation,
except for the common areas, the investor must paid 2% of value of the
remaining apartments or areas; this value shall be determined according to the
highest selling price of apartments in the apartment building.
2. In
case the maintained funding prescribed in Clause 1 of this Article is not
enough for the maintenance of common areas in the apartment building, the
homeowner must provide additional funding in proportion to the areas under
private ownership of every homeowner.
3. In
case the investor concludes agreements on sale or lease purchase of apartments
or other areas in the apartment building before July 1, 2006 but he/she has not
collected contribution towards maintenance of common areas, the homeowners of
apartment building shall hold an Apartment building meeting to determine the
contribution; that contribution may be paid monthly into the deposit account in
deposit account a credit institution operating in Vietnam made by the
Management board or collected when the apartment building required maintenance.
4. In
case the investor concludes agreements on sale or lease purchase of apartments
or other areas in the apartment building after July 1, 2006, but the
maintenance funding is not agreed in the housing sale and lease purchase
agreement, the investor shall make this contribution; in case the selling
prices or lease purchase prices in the agreement are not included the
maintenance funding, the investor shall make the contribution relating to
funding for common areas as prescribed in Clause 3 of this Article.
5. In
case the apartment building for residential and commercial use is divided into
separate areas in the same building including apartment areas, business areas,
and each area has common areas which are separated from the common areas of the
entire building which is independently managed, the investor and the buyer or
lessee of apartments or other areas in the apartment building shall agree to
divide the funding for the maintenance of common areas into smaller parts in
order to manage and use as prescribed in Clause 4 Article 109 of this Law.
Article
109. Management and use of funding for maintenance of common areas in the
multi-owner building
1.
Regarding the funding for maintenance prescribed in Clause 1 Article 108 of
this Law, within 07 days, from the day on which the service fees are collected
from the buyers for apartments or other areas in the apartment building, the
investor shall send it to the savings account opened in a credit institution
operating in Vietnam for management and notify the housing authority of
province.
Within
07 days, from the day on which the Management board of the apartment building
is established, the investor shall transfer the maintenance funding including
interests to the Management board in order to manage and use as prescribed in
this Law and notify the housing authority of province; if the investor fails to
transfer that funding, the Management board of apartment building entitled to
request the People’s Committee of the province where the apartment building is
located to enforce the transfer as prescribed in regulations of the Government.
2. The
maintenance funding prescribed in Article 108 of this Law is only used for
maintenance of the common areas of the apartment building, neither used for
management of apartment building nor other purposes; in case the apartment
building is subject to the demolition and the maintenance funding still
remains, the remaining funding shall be used for the relocation or transferred
to the new maintenance funding for the common areas of the new apartment
building.
3. The
Management board of apartment building shall manage and use the maintenance
funding for proper purposes or works according to the plan for maintenance
approved the Apartment building meeting annually. The use of the funding for
maintenance of common areas is required invoices with payment and settlement as
prescribed in law on finance and reported to the Apartment building meeting.
The
members of the Management board of apartment building using the funding in contravention
of Clause 2 of this Article and this Clause shall take legal responsibility and
pay compensation against damage.
4. The
management and use of the portion of maintance funding prescribed in Clause 5
Article 108 of this Law:
a) The
portion of maintenance funding for the common areas of the apartment building
and the apartments shall be transferred into the account opened by the
Management board of apartment building for management and use as prescribed in
this Article;
a) The
portion of maintenance funding for the common areas of the business area, the
owners of that business area shall manage and use it themselves.
Section
2: DEMOLITION OF APARTMENT BUILDINGS FOR RENOVATION OR RECONSTRUCTION
Article
110. Cases of demolition of apartment buildings for renovation or
reconstruction
1. The
apartment buildings subject to demolition for renovation or reconstruction
which are determined as prescribed in Point b Clause 2 Article 99 of this Law.
2. The
damaged apartment buildings which are not subject to demolition but in the area
subject to renovation or construction synchronized with the apartment building
subject to demolition as prescribed in Clause 1 of this Article according to
approved construction planning.
3. The
apartment buildings which are demolished according to agreement between all
owners through the Apartment building meeting regardless of not subject to
regulations in Clause 1 and Clause 2 of this Article.
Article
111. Plans for renovation and reconstruction of apartment buildings
1. The
People’s Committee of the province where the apartment building is located
shall check and release statistics on types of apartment building in the
province; make and approve the plan for renovation and reconstruction of
apartment buildings as prescribed in Clause 1 and Clause 2 Article 110 of this
Law.
2. The
plan for renovation or reconstruction of apartment buildings may be separately
made and approved or shall be formulated in the plans for local housing
development and must be disclosed by means of local mass media, or on the
website of the People’s Committee of the province, or housing authority of
province and send notifications to residential areas and People’s Committees of
communes where the apartment buildings are located.
Article
112. Requirements for apartment building demolition for renovation or
reconstruction
1. Any
apartment building which is demolished for renovation or reconstruction must
satisfy requirements prescribed in Article 110 of this Law and conform to
construction planning and approved programs for local housing development.
2.
Before demolishing the apartment building, the investor must make a plan for
relocation, and then send a report to the People’s Committee of the province
where the apartment building is located for approval. The plan for relocation
must be informed to residential areas where the apartment building to be
demolished is located, or announced by means of local mass media or on the
website of the People’s Committee or the housing authority of province.
3. The
renovation and reconstruction must conform to the project and renovate the
housing in the area of the project according to approved construction planning.
4. The
renovation and reconstruction of state-owned apartment buildings must be
approved by the competent agency and in accordance with regulations on
renovation and reconstruction of state-owned houses.
Article
113. Forms of renovation and reconstruction of apartment buildings
1. Any
real estate enterprise invests or contributes capital together with owners having
apartment buildings prescribed in Article 110 of this Law to renovate or
rebuild apartment buildings, unless the owners prescribed in Clause 1 and
Clause 2 Article 110 of this Law do not comply with decision on demolition.
2. The
State shall enforce the demolition and directly invest in renovation or
reconstruction of apartment buildings using the capital prescribed in Clause 3
Article 36 of this Law regarding cases prescribed in Clause 1 and Clause 2
Article 110 of this Law but the owners of the apartment building do not comply
with decision on demolition.
Article
114. Investors in project on renovation and reconstruction of apartment
buildings
1. The
investors in project on renovation and reconstruction of apartment buildings
shall be selected as follows:
a) In
case the State uses the capital prescribed in Clause 3 Article 36 of this Law
to invest in renovation or reconstruction of the apartment building, the
housing authority of province shall request the person in charge of investment
approval to select the investor(s);
b) In
case the State invests in renovation and reconstruction of apartment buildings
under building – transfer contract prescribed in Clause 3 Article 36 of this
Law, the housing authority of province shall request the People’s Committee of
the province to select the investor(s) through inviting bids if there are two
investors or more registering or no-bid contracts if there is only one investor
registering;
c) In
case the real estate enterprise invests capital in renovation and reconstruction
of apartment buildings, the owner of the apartment building and the enterprise
shall agree about the investor and request the housing authority of province to
send a requirement to the People’s Committee of the province for approval.
2. The
investors in projects on renovation and reconstruction of apartment buildings
may only be selected after its plan is approved by the People’s Committee of
the province.
3. In
case renovating or rebuilding the apartment building prescribed in Point b and
Point c Clause 1 of this Article, the investor must meet all requirements as
prescribed in Article 21 of this Law.
Article
115. Plans for relocation in case of demolition of apartment buildings
1. In
case the single-owner building is being used for lease, the accommodation for
lessees shall be arranged according to agreement between the owner and the
lessees.
2. If
the multi–owner building is invested by real estate enterprise, the owner of
that building and the enterprise shall agree about the plan for relocation following
rules prescribed in Article 116 of this Law to send a report to the People’s
Committee of the province where the apartment building is located.
The
owners of the apartment building must hold an Apartment building meeting makes
a plan for relocation, and then send it to the People’s Committee of the
province where the apartment building is located.
3. In
case the apartment building is subject to regulations prescribed in Clause 1
and Clause 2 Article 110 of this Law but the owner does not implement the
decision on demolition, the People’s Committee of the province where the
apartment building is located enforces the demolition and make and approve a
plan for relocation as prescribed in Article 116 of this Law.
Article
116. Housing relocation
1. The relocation
for the owners having the apartment building subject to demolition shall be
carried out as follows:
a) In
case the owners do not wish to relocate in the same location, they shall be
allocated housing or residential land for relocation according to conditions of
the local governments as prescribed in Article 36 of this Law;
b) In
case the owners wish to relocate in the same location, they shall be allocated
new houses whose areas are the same or bigger than the areas of old houses.
In case
the State invests in renovation and reconstruction of apartment buildings but
there is difference in value between old houses and new houses, the payment for
difference shall be carried out in conformity with the approved plan for
relocation; if the real estate enterprise and the owner agree to invest in
renovation and reconstruction of apartment buildings, the difference shall be
paid according to agreement between contracting parties;
c) The
housing relocation shall be carried out according to agreements on housing
lease or lease purchase concluded between the people qualified for relocation
and the agency in charge of relocation if the relocation is invested by the
State; or concluded with the investor in the project if the relocation is
invested the real estate enterprise;
d) Apart
from the relocation prescribed in this Clause, the people qualified for
relocation may be paid the compensation as prescribed in law on compensation,
or relocation.
2. The
relocation applied to the owners whose apartment buildings subject to
demolition to build another construction shall be carried out as prescribed in
Article 36 of this Law.
3. In
case the State invests in renovation and reconstruction of apartment buildings,
the investor must provide temporary accommodation or pay money for the people
qualified for relocation to manage their accommodation during the renovation or
reconstruction period; in case the real estate enterprise and the owner jointly
invest in renovation and reconstruction of apartment buildings, contracting parties
shall agree about the provision accommodation of the owners during the
renovation or reconstruction period.
4. The
Government shall provide guidance on the apartment building demolition for
renovation and reconstruction of apartment buildings and the relocation.
Chapter
VIII
TRANSACTIONS IN HOUSING
Section
1 General provisions of transactions in housing
Article
117. Methods of transactions in housing
Transactions
in housing include agreements on housing sale, lease, and lease purchase,
transfer of agreements on commercial housing sale, gifting, exchange,
inheritance, mortgage, capital contribution, lending, permission for stay, and
management authorization.
Article
118. Requirements applied to houses entered into transactions
1. Any
house regarding transactions in housing sale, lease purchase, gifting,
mortgage, or capital contribution shall meet the requirements below
a) There
is the Certificate as prescribed, except for cases prescribed in Clause 2 of
this Article;
b) There
is no dispute, complaint, or proceedings for homeownership; the term of
homeownership has not expired if the house is under a term contract on housing;
c) The
house is not distrained;
d) There
is no decision on land revocation, notification of housing clearance or
demolishment issued by the competent agency.
The
requirements prescribed in Point b and c of this Clause shall not apply to
transactions in off-the-plan housing sale or lease purchase.
2. The
following transactions in housing are not required the Certificate
a)
Transactions in off-the-plan housing sale or mortgage;
b)
Transactions in house of gratitude gifting;
c)
Transactions in state-owned housing sale or lease purchase; social housing or
non-state-owned housing serving the relocation sale or lease purchase; housing
sale prescribed in Clause 4 Article 62 in this Law;
d)
Transactions in housing lease, lending, permission for stay, management
authorization;
dd)
Transactions in housing inheritance;
e)
Transactions in transfer of agreement on commercial housing which is under
residential construction projects including the case in which the house is
received from the investor but the application for the Certificate of that
house has not sent to the competent agency.
Any
documentary evidence on requirements pertaining to the house to be entered into
the transaction as prescribed in this Clause shall comply with regulations of
the Government.
3. Any
house under lease contract shall both comply with Point b, c, and d Clause 1 of
this Article and satisfy requirements pertaining to quality, safety regarding
the lessee, electricity system, water supply and drainage, hygiene and
environment.
Article
119. Requirements pertaining to parties in the housing transactions
1. Any
entity who sells, leases, leases and sells housing, transfers agreements on
commercial housing sale, gives, exchanges, bequeaths, mortgages, lends, permit
to stay in housing, or authorizes housing management must satisfy the following
requirements:
a)
He/She is the homeowner, or the person permitted and authorized by the
homeowner to enter into housing as prescribed in this Law and law on civil; if
the agreement of commercial housing is transferred, he must be the buyer for
housing of the investor or the transferee of the agreement on housing sale;
b) If
the entity is a person, he must have full civil capacity to enter into
transactions in housing as prescribed in law on civil; if the entity is an
organization, it must have legal personality, except for the organization
giving house of gratitude.
2. If
the entity who buys, rents, rents and purchases housing, or receives agreements
on commercial housing sale, receives housing exchange, gives, inherit housing,
receives housing as capital contribution or mortgage, borrows, or stays in
housing, or is authorized to manage housing is a person, he/she must satisfy
following requirements:
a) If
the entity is a Vietnamese person, he/she must have full civil capacity to
enter into transactions in housing as prescribed in law on civil and he/she is
not required to register permanent residence in the place where the house under
transactions is located;
b) If
the entity is a foreign person, or an oversea Vietnamese, he/she must have full
civil capacity to enter into transactions in housing as prescribed in
Vietnamese law, qualify for the homeownership in Vietnam as prescribed in this
Law and he/she is not required to register temporary or permanent residence in
the place where the house under transactions is located.
3. If
the entity who buys, rents, rents and purchases housing, or receives agreements
on commercial housing sale, receives housing exchange, gives, inherit housing,
receives housing as capital contribution or mortgage, or is authorized to
manage housing is an organization, it must have legal personality regardless of
place where it sets up or registers business; if the entity is a foreign
organization, it must qualify for the homeownership in Vietnam as prescribed in
this Law; if it is authorized to manage housing, it must provide real estate
services and run business in Vietnam as prescribed in law on real estate
trading.
Article
120. Procedures for transactions in housing transactions
1. Any
parties entering into housing transactions shall conclude agreements on housing
sale, lease, lease purchase, giving, exchange, mortgage, capital contribution,
lending, permission for stay, or authorization of housing management or
documents on transfer of agreement on commercial housing sale (hereinafter
referred to as housing agreement) according to regulations prescribed in
Article 121 of this Law; regarding the organization giving house of gratitude,
only document on giving is required.
2. The
contracting parties shall agree to choose a party to request the competent
agency to grant the Certificate of housing; regarding housing which is bought
or leased and purchased from the investor, the investor must complete the
procedures for the Certificate issued to the buyer or the lessee by the
competent agency, unless the buyer or the lessee wishes to completes the
procedures themselves.
3. If
the competent agency grants the Certificate to the person who buys, rents and
purchases housing, receives housing as giving, exchange, or capital
contribution together with lawful residential land where that housing is
located, it shall concurrently recognize the homeownership and rights to use
residential land.
Article
121. Housing agreement
A
housing agreement shall be concluded by contracting parties and made in
writing, including:
1. Full
names of individuals, names of organizations and addresses of contracting
parties;
2.
Description of characteristics of the house and the piece of land attached to
that house. Regarding agreements on apartment sale or lease purchase,
contracting parties must state the common areas or common-using areas; private
areas; floor area; purposes of the common areas or common-using areas in the
apartment building according to approved design;
3. The
value of contributed capital, the transaction price of housing if there is a
term on pricing in the agreement; regarding transactions in housing sale,
lease, or lease purchase which is regulated pricing by the State, contracting
parties shall comply with that regulations;
4.
Deadline for and method of payment regarding transactions in housing sale,
lease, lease purchase or transfer of agreements on housing sale;
5.
Deadline for housing transfer; housing warranty duration regarding transactions
in buying or renting and buying new house; terms of agreements on housing
lease, lease purchase, mortgage, lending, permission for stay, authorization of
housing management; deadline for capital contribution;
6.
Rights and obligations of contracting parties;
7.
Commitments of contracting parties;
8. Other
agreements;
9.
Effective date of the agreement;
10. Date
of agreement;
11.
Signatures and full names of contracting parties, or stamps (if any) and
positions of the signatories regarding organizations.
Article
122. Notarization and authentication of agreements and effective date of
housing agreements
1.
Regarding agreements on housing sale, giving, exchange, capital contribution,
mortgage, or transfer of agreement on commercial housing sale, it is required
to notarize or authenticate the agreement, except for cases prescribed in
Clause 2 of this Article.
Regarding
any agreement prescribed in this Clause, the effective date of the agreement
shall be the date on which the agreement is notarized or authenticated.
2.
Regarding transactions in giving houses of gratitude; sale or lease purchase of
state-owned housing; sale or lease purchase of social housing, housing serving
the relocation; contributed housing which one entity of contracting parties is
an organization; housing lease, lending, permission for stay, or authorization
of housing management, it is not required to notarize or authenticate the agreement,
unless contracting parties wish to notarize or authenticate the agreement.
Regarding
any agreement prescribed in this Clause, the effective date of the agreement
shall be agreed by contracting parties; if the contracting parties do not
agree, the effective date of agreement shall be the date on which the agreement
is signed.
3. The
documents on housing inheritance must be notarized or authenticated as
prescribed in law on civil.
4. The
notarization of housing agreement must be carried out at a notary; the
authentication of housing agreement must be carried out at the People’s
Committee of the commune where the house is located.
Section
2. HOUSING SALE, TRANSFER OF HOUSING SALE AGREEMENTS
Article
123. Housing sale, transfer of agreements on commercial housing sale
1. Any
transaction in housing sale must be made under agreement in accordance with
regulations prescribed in Article 121 of this Law. The contracting parties may
agree that the seller sells the house and/or transfer the piece of land attached
to that house within a certain period of time to the buyer as prescribed in
regulations of the Government.
2. In
case the buyer buys a commercial house from the investor but he/she has not
applied to the competent agency for the Certificate of housing, he may transfer
the housing sale agreement; the transferee must fulfill agreed obligations in
the housing sale agreement.
Procedures
for transfer, content and form of documents on transfer of housing sale
agreement shall comply with regulations of the Minister of Construction; the
transferor shall pay taxes and/or fees as prescribed on in accordance with
regulations of law on taxes and fees.
Article
124. Housing selling prices, transaction prices of transfer of agreements on
commercial housing sale
The selling
price of the house, the transaction price of housing selling agreement shall be
agreed by contracting parties and stated in the housing sale agreement or
document on transfer of housing sale agreement; if the State regulates prices
of housing sale, contracting parties must comply with that regulations.
Article
125. Installment sale of housing
1. The
installment sale of housing shall be agreed by contracting parties and stated
in the housing sale agreement; within the installment period, the housing buyer
shall exercise his right to use the house and fulfill obligations to maintain
that house, unless that house is under warranty period as prescribed in this
Law or otherwise agreed.
2. The
buyer buying house by installments may not conduct transactions in housing
sale, giving, exchange, mortgage, or capital contribution with other person
until he/she pays off the total amount, unless otherwise agreed.
During
the installment period, if the buyer dies, his/her lawful heir(s) may exercise
rights and fulfill obligations of the buyer, when the heir(s) pay off the total
amount to the seller, they shall be granted the Certificate.
3. If
the buyer wishes to return the house during the installment period and the
seller agrees, both parties shall agree about the method of house return and
the refund of the housing payment.
Article
126. Selling jointly-owned houses
1. Any
jointly-owned house must be sold with the consent of owners; in case any joint
owner does not consent to sell the house, other joint owners are entitled to
request the Court to handle the house as prescribed in regulations of law. The
joint owners shall acquire pre-emption rights to buy the house, if not; it
shall be bought to other people.
In case
there is any owner who is declared missing by the court, the remaining owners
are entitled to sell that house; the share of the house held by the missing
owner shall be handled as prescribed.
2. In
case any joint owner sells his/her share, other joint owners shall acquire
pre-exemption rights to buy it; if it is not bought by any owner within 30
days, from the day on which the notification of sale of joint ownership house
and requirements for sale, it shall be sold to other people; in case there is
any violation against pre-emption rights, it shall be handled as prescribed in
law on civil.
Article
127. Selling houses under lease agreements
1. In
case a homeowner buys a house under a lease agreement, he/she must notify the
lessees in writing of the sale and requirements for sale; if the lessees have
paid off the rents up to the date on which the notification is sent, they shall
acquire pre-emption rights to buy the house, except for jointly-owned houses;
if the house is not bought by any lessee within 30 days from the date of which
the lessees receive the notification, the homeowner is entitled to sell the
house to other people, unless both contracting parties otherwise agreed about
the deadline.
2. If a
state-own house under a lease agreement is sold, it must comply with Section 2
Chapter VI of this Law.
Article
128. Compulsory purchase order
If the
State wishes to buy a house used for national defense and security purposes,
national or public benefits although that house is under an agreement on
housing sale, the President of the People’s Committee of the province shall
issue a compulsory purchase order. The prices, conditions and methods of
payment shall be carried out according to the agreement on housing sale
concluded by contracting parties. The State shall pay compensation to
contracting parties (if any). The agreement on housing sale shall be annulled.
Section
3. HOUSING LEASE
Article
129. Lease term and housing rents
1. The
lessor and the lessee may agree about lease term, rents and payment, lump sum
or installment payments; if there are any regulations on housing rent regulated
by the State, the contracting parties shall comply with regulations.
2. If
the lessor renovates the house with consent of the lessee although the lease
term does not expire, the lessor is entitled to adjust the housing rents. The
new rent shall be agreed by contracting parties; if not, the lessor is entitled
to unilaterally terminate the lease agreement and pay compensation to the
lessee as prescribed.
3. The
lawful rights and interests of the lessor and the lessee shall be protected by
the State over the lease term.
Article
130. Jointly-owned houses for lease
1. The
lease on a jointly-owned house must be agreed by all homeowners, unless the
joint owners lease out their shares.
2. The
joint owners may authorize their representatives to conclude housing lease.
Article
131. Terminating lease agreement
1. With
respect to agreements on state-owned house lease, they shall be terminated if
they are subject to one of cases prescribed in Clause 1 Article 84 of this Law.
2. With
respect to agreements on non-state-owned house lease, they shall be terminated
in one of the following cases:
a) The
lease agreement expires; regarding the unlimited term agreement, it shall
terminate after 90 days, from the day on which the lessor notify the lessee of
the termination of the lease agreement;
b) Both
contracting parties agree to terminate the agreement;
c) The
house for lease no longer exists;
d) The
lessor does not live with anybody when he/she dies or is declared missing by
the court
dd) Any
house for lease which is damaged, in danger of collapse or in the area subject
to land withdrawal or housing clearance or demolition according to decisions
issued by the competent agency; or any house for lease subject to decision on
compulsory purchase order or commandeering issued by the State to use for other
purposes.
The
lessor must notify the lessee of the termination of the lease agreement in
writing before 30 days as prescribed in this Clause, unless otherwise agreed;
e) The
agreement terminates as prescribed in Article 132 of this Law.
Article
132. Unilateral termination of lease agreement
1.
During the lease term, the lessor may not unilaterally terminate the lease
agreement and withdraw the house, except for cases prescribed in Clause 2 of
this Article.
2. The
lessor is entitled to terminate unilaterally the lease agreement and withdraw
the house in one of following cases:
a) The
lessor lease out the state-owned houses or social houses ultra vires and not
satisfying requirements as prescribed in this Law;
b) The
lessee has not paid the rent for 3 months or more without reasonable
explanation;
c) The
lessee uses the house for improper purposes as agreed in the agreement;
d) The
lessee expands, renovates, or demolishes the house under lease agreement
without the consent of the homeowner;
dd) The
lessee exchanges, lends, sublets the house under lease agreement without
consent of the lessor;
e) The
lessee still creates disorder or breaches hygiene an environment conditions
causing negative effects on activities of the neighborhood although he/she is
warned for the third time by the lessor or the chief of neighborhood, the chief
of village;
g) Cases
prescribed in Clause 2 Article 129 of this Law.
3. The
lessee is entitled to terminate unilaterally the lease agreement:
a) The
lessor does not repair the house when it is seriously damaged;
b) The
lessor increases the rents unreasonably or increases the rents without
notification to the lessee;
c) The
right to enjoyment of the house is restricted by interests of a third party.
4. If
any party unilaterally terminates the lease agreement, the other party must be
informed for at least 30 days, unless otherwise agreed; if he/she commits
violations mentioned in this Clause and cause damage, he/she must pays
compensation as prescribed.
Article
133. Rights to continue renting houses
1. In
case the homeowner dies but the lease has not expired, the lessee has right to
continue renting the house for the rest of their lease term. The heir is
required to keep performing the lease agreement, unless otherwise agreed. If
the homeowner has no lawful heir as prescribed, that house shall be under
ownership of the State and the lessees have right to continue renting as
prescribed in regulations on management and use of state-owned houses.
2. If
the homeowner transfers ownership of the house under lease agreement to other
people but the lease term has not expired, the lessee has right to continue
renting for the rest of their lease term; the new homeowner must keep
performing the lease agreement, unless otherwise agreed.
3. If
the lessee dies but the lease term has not expired, any people living with the
lessee has right to continue renting for the rest of the lease term, except for
official residence lease or unless otherwise agreed.
Section
4. SOCIAL HOUSING LEASE PURCHASE
Article
134. Procedures for social housing lease purchase
1. Any
transaction in social housing lease purchase must be concluded under an
agreement as prescribed in Article 121 of this Law; regarding the lease
purchase transaction in social housing which is invested by organizations or
individuals, the lease purchase agreement must be concluded between the
investor and the lessee; regarding the lease purchase transaction in
state-owned social housing, the lease purchase agreed shall comply with Point a
Clause 2 Article 83 of this Law.
2. When
the lease purchase term expires and the lessee has paid off the total amount as
agreed, the lessor is required to request the competent agency to grant the
Certificate the lessee, unless the lessee wishes to apply for the Certificate
himself/herself.
Article
135. Rights and obligations of lessees under agreements on lease purchase of
social housing
1. b)
The lessee must comply with Article 62 of this Law and other obligations as
specified in the agreement on housing lease purchase.
In case
the lease purchase term expires but the lessee has been received the house, the
lessee shall return the house to the lessor; the lessee may claim a refund of
the option, except for cases prescribed in Point e and Point h Clause 1 Article
84 and Clause 2 Article 136 of this Law.
2. If
the lessee dies, it is required to follow the procedures below:
a) If
there is any lawful heir living in that house with the lessee, he/she has right
to continue renting and buying the house, unless the lawful heir voluntarily
returns the house under lease purchase agreement;
b) If
the lessee has lawful heir(s) but they do not live together in that house, and
the lessee has paid for two-thirds of the lease purchase term, the lawful
heir(s) is/are entitled to pay off the total amount in proportion to one-thirds
of the remaining lease purchase term and the heir(s) shall be issued the
Certificated by the competent agency;
c) If
there is any lawful heir not subject to Point a and Point b of this Clause, the
lessor is entitled to withdraw the house and the lawful heir is entitled to
claim the refund of option included in the interest as prescribed in inter-bank
unperiodical interest rates on the day on which the option is refunded;
d) If
there is not any heir, the option shall be under ownership of the State and the
lessor is entitled to withdraw the house, and then enter into other lease
agreement or lease purchase agreement with other entities entitled to rent or
rent and purchase social housing as prescribed.
Article
136. Terminating lease purchase agreements and withdrawal of social housing
under lease purchase agreements
1.
Regarding lease purchase transactions in state-owned social housing, the
termination of lease purchase agreement and housing withdrawal shall comply
with one in cases prescribed in Point a, b, c, e, g and h Clause 1 Article 84
of this Law.
2. With
respect to agreements on non-state-owned house lease purchase, the lessor is
entitled to terminate the agreement on housing lease purchase or withdraw the
house under the lease purchase agreement in one of the following cases:
a) The
lessee leases out or sells the house under lease purchase agreement to other
people without the consent of the lessor when the lease purchase term has not
expired.
b) The
lessee has not paid the rents for 3 months or more without good reasons.
c) The
lessee expands, renovates, or demolishes the house under lease purchase
agreement without the consent of the lessor;
d) The
lessee uses the house for improper purposes as agreed in the agreement;
dd) The
lessee is subject to cases prescribed in Point d Clause 2 Article 135 of this
Law.
e) Other
cases as agreed by contracting parties.
3. The
lessee not subject to Clause 1 of this Article is entitled to terminate the
lease purchase agreement as agreed in the agreement; if he/she has received the
house, he/she must return the house to the lessor.
Section
5. DEEDS OF GIFT FOR HOUSING
Article
137. Gifts of joint-owned houses
1. A
deed of gift is required to be concluded by all joint owners when a house under
tenancy by the entirety is gifted.
2. Any
joint owner is only entitled to gift his/her share in the house under tenancy
in common and may not cause negative effects on lawful rights and interests of
other joint owners. After receiving the share, the new joint owner may not
cause negative effects on lawful rights and interests of other joint owners.
Article
138. Gifts of houses under lease agreements
1. The
homeowner of a house under lease agreement must notify the lessees of the gift
of the house.
2. The
lessees are entitled to keep renting the house for the rest of the lease term
as agreed with the donor, unless otherwise agreed.
Section
6. HOUSING EXCHANGE
Article
139. Exchange of joint owned houses
1. If a
house under tenancy by the entirety is exchanged, the consent of all joint
owners is required.
2. Any
joint owner is only entitled to exchange his/her share in the house under
tenancy in common and may not cause negative effects on lawful rights and
benefits of other joint owners. After receiving the share, the new joint owner
may not cause negative effects on lawful rights and interests of other joint
owners.
Article
140. Exchange of houses under lease agreements
1. The
homeowner of a house under lease agreement must notify the lessees of the
exchange of the house.
2. The
lessees are entitled to keep renting the house for the rest of the lease term
as agreed with the homeowner, unless otherwise agreed.
Article
141. Payment for difference
When both
parties exchange the house and transfer the homeownership to each other, if
there is any difference in value of housing, they must pay that difference,
unless otherwise agreed.
Section
7. HOUSING INHERITANCE
Article
142. Inheritance of houses under tenancy by the entirety
If a
house under tenancy by the entirety is inherited by a heir who is remaining
joint owners, they shall inherit under the will or the rules of intestacy; if
the heir is not the joint owners, they shall be paid the portion of value of
house that they inherit, unless otherwise agreed.
Article
143. Inheritance of houses under tenancy in common
The
share of a testator in a house under tenancy in common shall be divided to
his/her heir under the will or rules of intestacy; if the house is bought to
divide its value, the heir shall be given pre-emption rights to buy it; if the
heir does not buy it, other joint owners shall be given pre-emption rights to
buy it and pay the house’s value to the heir.
Section
8. HOUSING MORTGAGE
Article
144. Mortgagors and mortgagees
1. The
homeowner is an organization entitled to mortgage its house at a credit
institution operating in Vietnam.
2. The
homeowner is an individual entitled to mortgage his/her house at a credit
institution, or an economic organization operating in Vietnam or individuals as
prescribed.
Article
145. Mortgage on jointly-owned houses
The
mortgage on jointly-owned houses must be agreed in writing by joint owners,
except for mortgage on houses under tenancy in common. The joint owners of the
house under tenancy by the entirety have joint liability to fulfill obligations
of the mortgagor as prescribed in the Civil code.
Article
146. Mortgage on houses under lease agreements
1. The
homeowner is entitled to mortgage the house under lease agreement provided that
he/she notify the lessees of the mortgage in writing in advance. The lessees
are entitled to keep renting for the rest of the lease term.
2. In
case the house under the lease agreement is settled to fulfill the obligations
of the mortgagor, the lessees are entitled to keep renting for the rest of the
lease term, unless the lessees commit violations prescribed in Clause 2 Article
131 of this Law or otherwise agreed.
Article
147. Mortgage on projects on housing construction and mortgage on off-the-plan
housing
1. The
investor in the project on housing construction is entitled to mortgage the
project or houses in the project at a credit institution operating in Vietnam
to apply for loans to invest in the project or build houses in the project; in
case the investor has mortgaged the house, but he/she wishes to mobilize
capital to divide the house as prescribed in law on housing and wishes to sell
or lease and purchase that house, the mortgage on the house (if any) has been
paid off before the agreement on housing capital mobilization, sale, or lease
purchase is concluded with clients, unless otherwise agreed by the contributor,
the buyer/lessee and the lender.
Before
concluding an agreement on housing capital mobilization, sale, or lease purchase
with clients as prescribed in this Clause, it is essential to refer to the
Certificate of conformity to sell issued by the housing authority of province
in order to determine the mortgage on the house is whether has been paid off.
2. Any
organization or individual who builds an off-the-plan house on their lawful
piece of land; any organization or individual who buys an off-the-plan house in
a project on housing construction from an investor is entitled to mortgage that
house at a credit institution operating in Vietnam in order to apply for a loan
to build or buy that house.
Article
148. Requirements for mortgage on projects on housing construction and mortgage
on off-the-plan housing
1.
Requirements for mortgage on projects on housing construction and mortgage on
off-the-plan housing:
a) In
case the investor mortgages a part or all of the project on housing
construction, a approved dossier on project, technical design and the
Certificate or Decision on land allocation or land lease issued by the competent
agency are required;
b) In
case the investor mortgages an off-the-plan house in the project, he is
required to satisfy both requirement prescribed in Point a of this Clause and
other requirement that the foundation of that house must be finished as prescribed
in law on construction and it is not subject to the part or all of the project
which is mortgaged by the investor as prescribed in Point a of this Clause;
c) If
any organization or individual mortgages their houses prescribed in Clause 2
Article 147 of this Law, the Certificate of rights to use land prescribed in
law on land, or License for construction (if applicable) is required.
In case
the mortgagor who mortgages his/her off-the-plan house buys a house in the
project on housing construction from the investor, he/she is required to
conclude an agreement on housing sale with the investor, or obtain a grant deed
of the house if he/she is the transferor, documentary evidence for payment of
the house on contractual schedule and he/she is not subject to any complaints,
lawsuit, or dispute about agreement on housing sale or transfer of the
agreement.
2. The
mortgage on projects on housing construction and the mortgage on off-the-plan
houses must comply with regulations of this Law; if not, that mortgage shall be
considered illegal.
Article
149. Handling of houses subject to the existing mortgage
1. The
handling of houses subject to the existing mortgage, including off-the-plan
houses must comply with regulations of this Law, law on civil and corresponding
regulations of law.
2. The
handling of the project on housing construction subject to the existing
mortgage must comply with law on civil and corresponding regulations of law;
any organization or individual receiving the project must satisfy requirements
for the investor as prescribed in this Law and register at the competent agency
assigning the project as prescribed in law on real estate trading.
Section
9. CONTRIBUTING HOUSING AS CAPITAL
Article
150. Procedures for contributing housing as capital
1. A homeowner
or an investor in the project on commercial housing construction is entitled to
contribute housing as capital to run business in fields not prohibited by law.
The contributing housing as capital must be made under an agreement prescribed
in Article 121 of this Law.
2. The
house contributed as capital must be an existing house and meet all
requirements prescribed in Clause 1 Article 118 of this Law.
Article
151. Contributing jointly- owned housing as capital
1. The
contributing jointly-owned housing as capital must be consented by all joint
owners.
2. The
joint owners may concurrently sign the agreement on contributing housing as
capital or appoint their representatives to sign the agreement on contributing
housing as capital as agreed.
Article
152. Contributing housing under lease agreement as capital
1. The
homeowner of the house under a lease agreement must notify the lessees of the
contributing housing as capital.
2. The
lessees are entitled to keep renting the house for the rest of the contractual
lease term, unless otherwise agreed.
Section
10. AGREEMENT ON HOUSING LENDING OR PERMISSION FOR STAY
Article
153. Jointly-owned housing lending or permission for stay
1. A
joint owner may lend or permit to stay in the house under tenancy by the
entirety with the consent of all joint owners; a joint owner may lend or permit
to stay in his share of the house under tenancy in common provided that it does
not cause negative effects on the interests of other joint owners. The person
who lends or permits to stay in the house is entitled to terminate the
agreement prescribed in Article 154 of this Law and contractual terms.
2. The
joint owners are entitled to authorize their representatives to conclude the
agreement on housing lending or permission for stay.
Article
154. Cases of termination of agreements on housing lending or permission for
stay
1. The
deadline of the housing lending or permission for stay expires.
2. The
housing for lending or permission for stay no longer exists.
3. The
person who borrows or stays in the house dies or is declared missing by the
Court,
4. The
housing for lending or permission for stay is in danger of collapse or subject
to the decision on land clearance, demolition, or land withdrawal issued by the
competent agency.
5. By
agreements of the parties.
Section
11. HOUSING MANAGEMENT AUTHORIZATION
Article
155. Scope of housing management authorization
1. The
housing management authorization means the homeowner authorizes other
organization or individual to exercise rights and fulfill obligations of the
homeowner pertaining to management and use of housing over the duration of
authorization. The housing management is only authorized relating to existing
houses.
2. The
scope of housing management authorization shall be agreed by contracting
parties and stated in the authorization agreement; if the contracting parties
do not agree about the duration of authorization, the authorization agreement
shall take effect for one year, from the day on which the authorization
agreement is concluded.
3. The
authorizer must pay the administrative expense, unless otherwise agreed.
Article
156. Authorization for management of joint owned housing
1. The
management of houses under tenancy by the entirety shall be authorized with the
consent of all joint owners; any joint owner of the house under tenancy in
common is entitled to authorize other people to manage his/her share provided
that it does not cause effects on interest of other joint owners.
2. The
joint owners must notify other homeowners of the housing management
authorization, unless authorized person in charge of housing management is also
the joint owner.
Article
157. Cases of terminating agreements on housing management authorization
1. The
authorization agreement expires.
2. The
scope of authorization
3. The
house subject to management authorization does not exist.
4. The
authorized grantor or the authorized grantee unilaterally terminates the
agreements on housing management authorization as prescribed in Article 158 of
this Law.
5. The
authorized grantor or the authorized grantee dies.
6. The
authorized grantee is missing or incapable of civil acts according to the
decision issued by the Court.
7. Other
cases as agreed by contracting parties.
Article
158. Unilateral termination of agreements on housing management authorization
1. The
authorized grantor may unilaterally terminate agreements on housing management
authorization in one of following cases:
a) If
the authorization incurs administrative expense, the authorized grantor is not
required to notify the authorized grantee of the unilateral termination of the
authorization agreement provided that he/she pays the authorized grantee the
remuneration for the task performed by the grantee and the compensation;
a) If
the authorization does not incur administrative expense, the authorized grantor
must notify the authorized grantee of the unilateral termination of the
authorization agreement before at least 30 days, unless otherwise agreed.
2. The
authorized grantor may unilaterally terminate agreements on housing management
authorization in one of following cases:
a) If
the authorization incurs administrative expense, the authorized grantor is not
required to notify the authorized grantee of the unilateral termination of the
authorization agreement but he/she must pays compensation to the authorized
grantee (if any);
b) If
the authorization does not incur administrative expense, the authorized grantor
must notify the authorized grantee of the unilateral termination of the
authorization agreement before at least 30 days, unless otherwise agreed.
3. The
authorized grantor and the authorized grantee must notify the third person of
the unilateral termination of the agreement on housing management
authorization.
Chapter
IX
THE HOMEOWNERSHIP OF FOREIGN ENTITIES IN VIETNAM
Article
159. Foreign entities eligible for the homeownership in Vietnam and forms of
the homeownership in Vietnam relating to foreign entities
1.
Foreign entities eligible for the homeownership in Vietnam include:
a)
Foreign entities who invest in project-based housing construction in Vietnam as
prescribed in this Law and corresponding regulations of law;
b)
Foreign-invested enterprises, branches, representative offices of foreign
enterprises, foreign-invested funds and branches of foreign banks operating in
Vietnam (hereinafter referred to as foreign organization);
c)
Foreign individuals who are allowed to enter Vietnam.
2. The
foreign entities eligible for the homeownership in Vietnam if they:
a)
Invest in project-based housing construction in Vietnam as prescribed in this
Law and corresponding regulations of law;
b) Buy,
rent and purchase, receive, or inherit commercial housing including apartments
and separate houses in the project for housing construction, except for areas
under management relating to national defense and security as prescribed in
regulations of the Government.
Article
160. Requirements pertaining foreign entities eligible for the homeownership in
Vietnam
1. The
foreign entity prescribed in Point a Clause 1 Article 159 of this Law is
required to have an Investment certificate and have houses which are built
under a project as prescribed in this Law and corresponding regulations of law.
2. The
foreign entity prescribed in Point b Clause 1 Article 159 of this Law is
required to have an Investment certificate or a Permission to run business in
Vietnam (hereinafter referred to as Certificate of investment) issued by the
competent agency in Vietnam.
3. The
foreign entity prescribed in Point c Clause 1 Article 159 of this Law is required
to have a permission to enter Vietnam and he/she is not granted diplomatic
immunity and privileges as prescribed.
4. The
Government provides guidance on documentary evidence for entities or
requirements pertaining to foreign entities qualifying for the homeownership in
Vietnam.
Article
161. Rights of foreign entities as homeowners
1. The
foreign entity prescribed in Point a Clause 1 Article 159 of this Law is
entitled to exercise rights of homeowners as prescribed in Article 10 of this
Law, if his/her house is built on a piece of leased land, he/she is only
entitled to lease that house.
2. The
foreign entity prescribed in Point b and c Clause 1 Article 159 of this Law is
entitled to exercise rights of homeowners similarly to Vietnam citizens
provided that he/she comply with following regulations:
a)
He/She may not buy, rent and purchase, receive, inherit and own more than 30%
of apartments in an apartment building; or more than 250 houses regarding
separate houses including villas, row houses in an area whose population is
equivalent to a ward-administrative division.
In case
in an area whose population is equivalent to a ward-administrative division has
multiple apartment buildings or regarding separate houses in a street, the
Government shall provide guidance on number of apartments or number of separate
houses that a foreign entity is entitled to buy, rent and purchase, receive,
inherit and own;
b) In
case the foreign entity receives or inherits house(s) not in accordance with
Point b Clause 2 Article 159 of this Law or exceeding the number of houses
prescribed in Point a of this Clause, he/she only receives the value of that
house(s);
c) The
foreign individuals are eligible for the homeownership as agreed in agreements
on housing sale, lease purchase, gifting, or inheritance for not more than 50
years, from the day on which they are granted the Certificate and they may be
also granted extension as prescribed in regulations of the Government; the
duration of the homeownership must be stated in the Certificate.
If a
foreign individual marries to a Vietnamese citizen or an oversea Vietnamese,
he/she qualifies for stable and long-term homeownership and has all rights of
homeowner similarly to Vietnamese citizens;
d) The
foreign organization are eligible for the homeownership as agreed in agreements
on housing sale, lease purchase, gifting, or inheritance for not longer than
duration stated in their Certificate of investment, including extension
duration, the duration of the homeownership shall be determined from the day on
which the organization is granted the Certificate and stated in such
Certificate;
dd)
Before the time limit of the homeownership prescribed in this Law expires, the
homeowner is entitled to gift or sell their house(s) to entities eligible for
the homeownership in Vietnam; if not, their house(s) shall be under ownership
of the State.
Article
162. Obligations of foreign entities as homeowners
1. The
foreign entity prescribed in Point a Clause 1 Article 159 of this Law has
obligations of homeowners as prescribed in Article 11 of this Law.
2. The
foreign entity prescribed in Point b and Point c Clause 1 Article 159 of this
Law has obligations of homeowners similarly to Vietnamese citizens provided
that he/she comply with following regulations:
a) If
the homeowner is a foreign individual, he/she is entitled to lease house(s) for
lawful purposes provided that he/she notifies the agency of district in charge
of housing where the house is located of housing lease as prescribed in
regulations of the Minister of Construction and pays taxes on housing lease as
prescribed before leasing houses.
If a
foreign individual gets married to a Vietnamese citizen or an oversea
Vietnamese, he/she qualifies for stable and long-term homeownership and has all
rights of homeowner similarly to Vietnamese citizens;
b) If
the homeowner is a foreign organization, its house(s) is/are only provided for
their employees but it is not allowed to use their house(s) for lease, offices,
or other purposes;
c) They
pay off the total amount through credit institutions operating in Vietnam.
Chapter
X
COMMUNICATION SYSTEM AND DATABASE OF HOUSING
Article
163. Communication system of housing
Communication
system of housing includes:
1.
Information technology infrastructure of housing;
2. Systems
of operating system software, system software and application software;
3.
Database of housing.
Article
164. Database of housing
1. The
database of housing must be formulated and consistently managed from central
governments to local governments, which is connected to database and
communication system of land.
2. The
database of housing includes:
a)
Database of system of legislative documents on housing;
b)
Database of housing development including programs, planning for housing
development, investigation, and statistics on housing, basic information about
projects on housing construction, number, type of housing, area of housing,
area of pieces of land used for housing construction;
c)
Database of changes in management and use of housing;
d) Other
database relating to housing.
3. Every
10 years, the Government shall carry out an investigation, release statistics
on housing and take national census population. In the middle of the national
census population and housing period, the Government shall carry out an pilot
investigation and release statistics on housing on the basis of formulation of
policies on housing.
4. Basic
statistical indicators on housing must be included in national statistical
indicator system.
5.
Funding for investigation and statistics on housing shall be provided by
government budget.
Article
165. Competence and responsibility for formulating communication system and
database of housing
1. The
Ministry of Construction must formulate and manage, develop communication and
database of national housing; Ministries, agencies and the People’s Committees
of provinces must cooperate in provision of housing database for the Ministry
of Construction to update on national housing communication system.
2. The
People’s Committee of the province must formulate, manage, and develop the
communication system and database of local housing, ensure the unified
information between housing and land attached to housing.
3. The
State shall allocate budget to build database and communication system of housing
and the operation and maintenance of that system; the Ministry of Construction
shall request the Prime Minister to allocate budget to build, manage, operate,
and maintain that system.
4. The
Government shall provide guidance on creation of the database, statistical
indicators and the management, operation and development of system of database
and communication of housing.
Article
166. Management and development of communication and database of housing
1. The
housing database must be managed closely, developed and used effectively and
properly.
2. The
information in the housing database provided by the competent agency shall be
valid similarly to written dossiers or documents.
3. The
agency in charge of management of housing database and information prescribed
in Clause 4 of this Clause shall enable organizations and individuals to
develop or use housing information following procedures as prescribed.
Any
organization or individual who wishes to receive information about housing
shall pay fees for using information as prescribed, except for information
provided at the request of the competent agency to serve state management,
investigation, verification or actions against contravention of law.
4. The
Ministry of Construction shall be in charge of management of database and
communication system of housing nationwide. Authorities of provinces or
districts in charge of housing shall be also in charge of management of
database and communication system of housing in the administrative divisions.
Chapter
XI
STATE MANAGEMENT OF HOUSING
Article
167. State management of housing
1.
Formulate and direct to implement strategies, projects, programs, or plans for
development and management of housing.
2. Issue
and implement legal documents on housing, mechanism, policies on development
and management of housing.
3.
Formulate and issue technical regulations and standards, classification of
housing and quality control of housing.
4.
Decide policies on projects on housing construction; assessment, approval,
adjustments, or suspension of projects.
5.
Manage documents on housing; manage funds for state-owned housing; manage
projects on housing construction.
6.
Investigate, release statistics, build system of database and communication of
housing, manage, operate, develop, and provide database and information about
housing.
7.
Study, apply science and technology, and raise public awareness of legal
knowledge about housing.
8.
Provide human resources with training in development and management of housing.
9.
Manage housing public services.
10.
Recognize institutions providing training in management of apartment buildings
grant Certificates of training in management of apartment building; recognize
the classification of apartment buildings; grant, revoke the Certificates of
training in housing.
11.
Provide guidance, expedite, inspect, deal with complaints, dispute,
denunciation and violations against regulations in housing.
12.
Cooperate internationally in the housing fields.
Article
168. Formulation of Strategy for national housing development
1.
According to socio-economic development strategy in every period, the Ministry
of Construction shall formulate and request the Prime Minister to approve the
Strategy for national housing development in every period.
2. The
Strategy for national housing development includes:
a)
Objectives for housing development;
b)
Objectives for housing development includes minimum area of housing, area of
housing per capita in urban areas, rural areas and nationwide; development rate
of types of housing; demand for social housing for those facing difficulties of
housing;
c)
Assignments and measures for housing development, in which target programs for
housing development equivalent to every group entitled to benefit from policies
on social housing must be clarified.
d)
Responsibility of competent agencies in central governments and the People’s
Committee of province for housing development and management;
dd)
Other relevant content.
3. The
basic indicators in housing development in the Strategy for national housing
development includes area of housing per capita; number of housing; floor area
of new housing; quality of housing in urban areas, rural areas and nationwide;
entities facing difficulties of housing which are provided housing must be
included in assignments of national socio-economic development in every period.
Article
169. Approval for programs or plans for housing development
1. The
approval for programs or plans for housing development shall following
procedures below:
a) With
respect to central-affiliated cities, the People’s Committees of cities shall
formulate programs for housing development as prescribed in Article 15 of this
Law and confer the Ministry of Construction, then send it to the People’s
Council of cities for approval. The People’s Committee of city shall approve
and implement programs after the People’s Council of the city passes.
The
documents send to the Ministry of Construction for conferring shall include
planning for land resources used for housing construction and plans for providing
accommodation for every group of entities; indicators for area of housing per
capita; number, area, and rate of types of housing; expectation of capital
resources; responsibility of relating agencies in the implementation of
programs for housing development;
b) With
respect to provinces, the People’s Committee of the province shall implement
the programs for housing development as prescribed in Article 15 of this Law,
then send it to the People’s Council of province for approval;
c)
According to the approved program for housing development, the People’s
Committee of the province shall formulate and approve the plan for local
housing development as prescribed in Article 15 of this Law; if it has the plan
for using budget for housing development, it is required to confer the People’s
Council of province before approval.
2.
Procedures for formulation and content of plans for local housing development
shall comply with regulations of the Government.
Article
170. Approval of residential construction projects
1.
Before setting up or approving projects on housing construction for relocation,
social housing, official residence using public capital, the policies on that
projects shall be approved as prescribed in the Law on public investment. In
case the project is invested by central budget, it is required to confer the
Ministry of Construction; in case the project is invested by local budget, it
is required to confer the housing authority of province.
2.
Regarding other projects on housing construction which must be granted the
approval of investment as prescribed in the Law on Investment shall comply with
the Law on Investment. Regarding projects which are not subject to the approval
of investment as prescribed in the Law on Investment shall comply with regulations
of the Government.
Article
171. Application for approval of residential construction projects
1.
Regarding the case prescribed in Clause 1 Article 170 of this Law, both
application for approval of residential construction project prescribed in the
Law on public investment and documents prescribed in Point a and Point b Clause
2 of this Article are required.
2.
Regarding the projects must be approved as prescribed in the Law on Investment,
both application for approval prescribed in the Law on Investment and the
following documents are required:
a)
Application form for the approval of the residential construction project,
which clarifies legal basis, content of approval and reasons for applying for
approval;
b)
Specific planning drawing of area of projects approved by the competent agency.
Article
172. Research, application of science and technology and international
cooperation in housing field
1. The
State carries out incentive policies and facilitates the application of science
and technology and international cooperation for development and management of
housing.
2. The
State provides funding for application of new technology or material in housing
construction to ensure quality, rate of progress, energy-saving and low expense
on construction.
Article
173. Training in development and management of housing
1.
Officials and civil servants working in agencies in charge of housing
management and development are required to participate in training course in
development and management of housing. Any person working in the managing
organization of an apartment building is required to participate in training
course in management of apartment buildings and obtain the Certificate of
training in management of apartment buildings as prescribed in regulations of the
Minister of Construction.
2. The
Minister of Construction shall regulate programs, curriculum content about
development and management of housing provided for officials and civil servants
in charge of development and management of housing nationwide.
Article
174. Agencies in charge of housing
1. The
Government shall be in charge of state management of housing nationwide.
2. The
Ministry of Construction shall take responsibility to the Government for
management of housing nationwide.
3.
Relevant Ministries, agencies within their competence implement State
management of housing and cooperate with the Ministry of Construction in
implementation of law on housing.
4. The
People’s Committees must implement State management of housing in the
administrative divisions as prescribed in this Law and the Government.
Article
175. Responsibility of the Ministry of Construction
1.
Formulate legal documents, strategies, projects, plans for housing development
then send them to the Government and/or the Prime Minister.
2. Issue
and implement legal documents on housing within their competence; regulate
technical regulations and standards, classification of housing, determination
of rents, lease purchase prices, selling prices of social housing, housing
serving the relocation, state-owned housing; regulate content and form of
agreements on sale, lease, lease purchase of social housing, housing serving
the relocation, state-owned housing.
3. Give
suggestion on programs for housing development of central-affiliated cities;
conduct assessment of official residence, then submit the plan for development
of official residence of central governments to the Prime Minister, approve
projects on housing construction; make adjustments or impose suspension of
residential construction projects as prescribed in this Law.
4.
Management of housing, storage of documents on state-owned houses of central
governments.
5.
Investigate, release statistics, build system of database and communication of
national housing, manage, operate, develop, and provide database and
information about national housing.
6.
Research, apply science and technology, and raise public awareness of legal
knowledge about housing.
7.
Provide training courses in management of apartment buildings, recognize
institutions providing training courses in management of apartment buildings;
regulate the grant of Certificates of training in management of apartment
building; regulate and recognize the classification of apartment buildings.
8.
Provide guidance, expedite, inspect, and deal with complaints, dispute,
denunciation and violations against regulations in housing.
9.
Cooperate internationally in the housing fields.
10.
Carry out other assignments in the housing fields as prescribed in this Law or
given by the Government or the Prime Minister.
Article
176. Housing inspection
1.
Construction Inspectorate of the Ministry of Construction or Services of
Construction shall perform administrative or specialist inspection to
organizations, households or individuals involved in development, management
and use of housing.
2.
Specialist inspection of housing includes:
a)
Inspection of the observance of law conducted by organizations, households or
individuals involved in development, management and use of housing;
b)
Discover, prevent and handle within their competence or request the competent
agency to handle violations against law on housing.
3. The
Ministry of Construction shall take responsibility for specialist inspection of
national housing. Services of Construction shall take responsibility for
specialist inspection of local housing.
4. The
Government shall provide guidance on this Article.
Chapter
XII
SOLUTIONS TO DISPUTE, COMPLAINTS, DENUNCIATION AND
VIOLATIONS AGAINST LAW ON HOUSING
Section
1: SOLUTIONS TO DISPUTE, COMPLAINTS, DENUNCIATION OF HOUSING
Article
177. Solutions to dispute about housing
1. The
State encourages parties in solving dispute about housing through conciliation.
2. The
dispute about the homeownership, right to enjoyment of housing under ownership
of organizations or individuals, the dispute about agreements on housing,
management of apartment building shall be settled by the People’s Court as
prescribed.
3. The
dispute about management and use of state-owned houses shall be settled by
People's Committees of provinces if that houses are under management of local
governments, the Ministry of Construction shall settle houses under management
of central governments; in case any organization or individual does not agree
with the decision made by the People’s Committee of the province or the
Ministry of Construction, they have rights to file a lawsuit at the People’s
Court as prescribed in law on administrative procedural.
4. The
dispute about funding for management of apartment building, management and use
of funding for maintenance of the common areas in the apartment building shall
be settled by the People’s Committee of the province where the housing subject
to dispute is located; if any organization or individual does not agree with
the decision made by the People’s Committee of the province, they have rights
to file a lawsuit at the People’s Court as prescribed in law on administrative
procedural.
Section
178: Complaints, denunciation and solutions to complaints, denunciation of
housing
1. The
complaints, denunciation and solutions to complaints, denunciation of housing
shall comply with the Law on complaints and the Law on denunciation.
2. When
the decision on settlement of complaints or denunciation issued by the
competent agency in charge of housing or the verdict delivered by the Court
takes effect, relevant parties must implement that decisions or verdicts.
Section
2: SOLUTIONS TO VIOLATIONS AGAINST LAW ON HOUSING
Section
179. Solutions to violations against law on housing
1. Any
person committing violations against law on housing shall face administrative
sanction or face a criminal prosecution as prescribed according to nature and
severity of their violations.
2. Any
person on duty committing violations below shall be disciplined, face
administrative sanction, or face a criminal prosecution according to nature and
severity of the violations:
a)
Misuse position, entitlement to commit violations against regulations on
approval of policies on residential construction projects; assessment and
approval of residential construction projects; decision and assessment of
housing selling prices, rents, or lease purchase prices; implementation of
policies on housing support; determination of financial obligations of housing;
management and provision of information about housing and other regulations
relating to development, management and transactions in housing as prescribed
in this Law;
b) Lack
of responsibility for management leading to violations against law on housing,
or other violations causing damage to benefits of the State, lawful rights and
interests of organizations, households or individuals involved in housing
development, homeowners and lawful occupiers;
c)
Commit violations against regulations on administrative procedures in housing
fields, regulations on reports, statistics in development and management of
housing.
3. The
Government shall provide guidance on this Article.
Article
180. Solutions to violations against law on housing in case of damages to the
State, organizations, households or individuals
Any
person who both commits violations against law on housing and causes damages to
benefits of the State, lawful rights and interests of organizations, households
or individuals, he/she shall be both handled as prescribed in Article 179 of
this Law and paid compensation to the State and those suffering damages.
Chapter
XIII
IMPLEMENTATION
Article
181. Effect
1. This
Circular shall take effect from July 1, 2015.
2. The
Law on Housing No. 56/2005/QH11 which is amended by the Law No. 34/2009/QH12
and the Law No. 38/2009/QH12, the Resolution No. 19/2008/QH12 of the National
Assembly on pilot permission for foreign entities entitled to buy and own
housing in Vietnam shall be annulled from the effective date of this Law.
Article
182. Transitional provisions
1. The
projects on housing construction which are approved before the effective date
of this law shall not approved as prescribed in this Law, unless they are
required to adjust the projects because the State adjusts the approved
planning, or it is required to reserve land for commercial housing construction
for social housing construction or reserve land of social housing for lease as
prescribed in this Law.
Any
social housing development project which is approved policies on investment
shall comply with this Law regardless of not subject to any program or plan for
local housing development.
2. In
case the buyer received the commercial housing from the investor but he/she has
not applied to the competent agency for the Certificate of that house up to the
effective date of this Law, he/she entitled to transfer the agreement on sale
of that house as prescribed in this Law.
3. If an
apartment building set up its management board before the effective date of
this Law, its owners may hold the election of management board operating
according to model prescribed in this Law or remain the model until the end of
the tenure of the management board.
4. If
there are agreements on housing sale, or lease purchase which are concluded
before the effective date of this Law but the terms about housing warranty,
housing area for sale or lease purchase are different from regulations in this
Law, the contracting parties shall keep performing the signed agreement or
renegotiate as prescribed in this Law.
5. The
Government shall provide guidance on this Article.
Article
183. Specific provisions
The
Government and the competent agencies shall provide guidance on Clauses and
Articles in this Law.
This
Law is passed by the National Assembly of the Socialist Republic of Vietnam
session XIII, 8th plenum on November 25, 2014.
PRESIDENT
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |