Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law provides for ownership, development, management, operation, and use of houses, trading of houses, and state management of houses in Vietnam, except for cases under Clause 2 of this Article.
2. Transaction, lease purchase, leasing of commercial housing properties of enterprises, cooperatives, joint cooperatives engaging in real estate trading, transfer of housing purchase agreement shall conform to real estate trading laws.
Article 2. Definitions
In this Law, the terms below are construed as follows:
1. Houses refer to structures serving residential purposes and daily activities of families and individuals. Houses serving both residential and non-residential purposes without being prohibited by the law are mixed-use houses.
2. Single-family houses refer to houses built on separate plots under use right of organizations, individuals or on plots rented, borrowed from other organizations, individuals, include villas, row houses, and detached houses, and built for residential or mixed-use purposes.
3. Apartment buildings refer to buildings with at least 02 storeys, multiple dwelling units, common staircases and common walkways, private property and common property, common infrastructures and amenities for use by households, individuals, and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes.
4. Commercial housing properties refer to houses built in order to be sold, lease-purchased, and/or leased in accordance with market mechanisms.
5. Official houses (or official residence) refer to houses for use by entities eligible for staying in rental official residence during period in which said entities hold titles and/or travel on business trip in accordance with this Law.
6. Relocation housing refers to houses assigned to entities in case of relocating as a result of the Government’s expropriating of land and/or performing of land clearance as per the law.
7. Social housing refers to houses supported by the Government for use by entities benefiting from housing support programs under this Law.
8. Worker housing in industrial parks refer to structures invested and built on commercial and service plots within industrial parks in accordance with industrial park management laws and rented by employees for the duration in which they work at respective industrial parks according to this Law.
9. Housing for people’s armed forces refers to social housing sold, lease-purchased, or leased to members of people’s armed forces in accordance with this Law.
10. Old houses refer to houses built in 1994 or earlier and include apartment buildings.
11. Public housing refers to houses under public ownership where the Government acts as ownership representatives and jointly manages.
12. Housing investment and construction projects refer to a combination of proposal relating to use of capital for construction, reconstruction, renovation, or repair of houses, technical infrastructures, and social infrastructures serving residential demand in specific locations within a defined time limit and expenditure.
13. Domestic organizations refer to state authorities, entities affiliated to people’s armed forces, public service providers, political organizations, socio-political organizations, socio-occupational-political organizations, social organizations, socio-occupational organizations, business organizations, and other organizations according to civil laws (hereinafter referred to as “organizations”).
14. Developers of housing investment and construction projects refer to organizations selected to execute housing investment and construction projects in accordance with this Law.
15. Housing development refers to investment, construction, reconstruction, or renovation of houses in a way that increases housing area.
16. House renovation refers to quality improvement, area increase, or adjustment to area compositions of existing houses.
17. House maintenance refers to maintenance and repair of houses on a periodic basis and in case of damage in order to maintain quality, regular operation, and safety during operation and use.
18. House owners refer to organizations and individuals owning houses in accordance with this Law.
19. Apartment building owners refer to owners of dwelling units and owners of areas other than dwelling units in apartment buildings.
20. Private property in apartment buildings refers to area in dwelling units or outside of dwelling units recognized under private ownership of apartment building owners and equipment used in dwelling units and in areas outside of dwelling units under ownership of apartment building owners in accordance with this Law.
21. Common property in apartment buildings refers to remaining area in apartment building other than private area owned by apartment building owners and equipment for common use in the apartment buildings in accordance with this Law.
22. Housing lease-purchase refers to an instance where a buyer/tenant pays up to 50% of lease-purchased house value according to lease purchase agreement value in advance; while the remaining amount is paid to the seller/landlord in form of monthly rent over a period agreed upon by the parties; the buyer/tenant shall have ownership over the house when lease-purchase period expires and remaining payments have been adequately settled.
23. Existing houses refer to houses that have been built, commissioned, and brought into use in accordance with construction laws.
24. Off-plan housing refers to houses during investment and construction stages or houses that have not been commissioned in accordance with construction laws.
Article 3. Prohibited actions
1. Violating the right to property of organizations and individuals.
2. Obstructing the performance of state management regarding houses, the exercising of rights and obligations regarding ownership, use, and transaction of houses of organizations and individuals.
3. Deciding or approving investment guidelines or approving housing investment and construction projects that do not conform to land use planning, construction planning, urban planning, or approved housing development programs and plans.
4. Building houses on land where housing investment and construction is not allowed in accordance with this Law; building or renovating houses in a manner that does not conform to land use planning, construction planning, urban planning, design standards, area standards in respect of types of house stipulated by competent authority to be subject to design standards and area standards. Applying the wrong formula for calculating useable area of houses under this Law. Developing private multi-storey or multi-unit houses in a manner that contradicts this Law.
5. Illegally expropriating house area; encroaching on space and area under joint ownership or ownership of other people in any shape or form; renovating, expanding, demolishing, reconstructing rented, lease-purchased, borrowed, lodged, or authorized houses without consent of owners.
6. Signing capital mobilization documents or mobilizing capital for housing development without fulfilling conditions under this Law and other relevant law provisions; using mobilized capital or advance housing payment for the wrong purposes.
7. Engaging in the sale, purchase, lease purchase, rent, accommodation rent, gift, transfer, mortgage, capital contribution, lease, lodging, authorization for house management in a manner that does not conform to this Law and other relevant law provisions; transferring houses to buyers, buyer/tenant without fulfilling condition under this Law and construction laws.
8. Performing the following actions in apartment building management and use:
a) failing to incur maintenance fees for common property of apartment buildings (hereinafter referred to as “maintenance fees”); managing, using management, operation, or maintenance fees in a manner that violates housing laws;
b) intentionally causing damp; causing noise or vibration higher than the permissible value; disposing refuge, wastewater, emission, or toxic substances in a manner that violates environmental protection laws or apartment building management and use regulations; painting or decorating exterior of dwelling units or apartment buildings in a manner that violates design and architecture regulations; raising, herding livestock, poultry; slaughtering livestock within the vicinity of apartment buildings;
c) Intentionally changing occupancy, use purposes of common property of apartment buildings; using dwelling units for purposes other than residential; altering or damaging load-bearing elements; separating or splitting dwelling units without permission of competent authorities;
d) Intentionally using area and equipment under joint ownership for personal gain; altering purposes of service area in mixed-use apartment buildings without permission for repurposing of competent authorities;
dd) Causing disorder, loss of safety, fire, explosion in apartment buildings; trading combustible materials or engaging in lines of business that threaten lives, property of apartment building occupants in accordance with fire safety laws and other relevant law provisions;
e) Engaging in discotheque, karaoke, bar business; engaging in repair of motorized vehicles; engaging in other contaminating lines of business in accordance with environmental protection laws; engaging in restaurant business without complying with fire safety requirements, without preparing means of egress, or without complying with other business conditions as per the law.
9. Using single-family houses for trading combustible materials, providing services that cause environmental pollution, noise pollution, affect social order, safety, activities of residential area without complying regulations on business conditions.
Article 4. Housing development, management, and use policies
1. The Government is responsible for implementing housing development policies, allowing everyone to afford accommodations by promoting diverse form of housing, including houses for sale, lease purchase, rent depending on demand and financial capability of individuals and families, subsidizing renovation and reconstruction of houses; the Government shall invest public investment in part or in whole (hereinafter referred to as “public investment”) in construction of social houses for lease and lease purchase.
2. The Government is responsible for creating residential land fund by approving land use planning, land use plans, construction planning, urban planning, and functioning zone construction planning.
3. The Government shall promulgate regulations and policies on planning, land, finance, credit, research, application of new science, technology, construction materials to encourage types of ownership to participate in housing development investment and encourage organizations and individuals to participate in housing development for sale, lease purchase, and lease in accordance with market mechanisms.
4. The Government shall promulgate long-term incentive regulations and policies regarding finance, land, credit with preferential interests, other incentive financial regulations, and subsidy from state fundings in order to implement social housing, apartment building renovation and reconstruction policies.
5. The Government shall develop policies incentivizing research and issuance of model design, type design of houses appropriate to area, zone, region; develop policies incentivizing development of energy-efficient housing.
6. People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) shall be responsible for planning, allocating land area, investing in social housing construction in accordance with this Law and other relevant law provisions.
7. The Government shall develop policies on housing management and use in order to ensure efficiency, safety, purposeful use and compliance with occupancy.
Article 5. General requirements regarding housing management and use
1. Suit housing demands of entities and socio-economic conditions of the nation, administrative divisions, regions, and zones from time to time.
2. Conform to the national strategy for housing development, land use planning, land use plan, construction planning, urban planning, housing development programs and plans from time to time, ensure equal development of technical infrastructure and social infrastructure; develop houses on the basis of efficient use of resources; improve housing construction management.
3. Comply with housing laws; satisfy standards, technical regulations, construction quality of houses as per the law, conform to fire safety, architectural, scenery, hygiene, environmental, and safety requirements during construction as per the law; capable of responding to natural disasters and climate change; use energy and land resources efficiently.
4. In respect of urban areas, housing development shall be implemented primarily in form of projects and consist of housing type, area appropriate to market demand. In respect of remaining areas, depending on specific local areas, provincial People’s Committees shall stipulate locations and areas for housing development in form of projects. In respect of class 1 urban areas or wards, districts, cities in special urban areas, development shall focus on apartment buildings.
5. In respect of wards, districts, cities in special, class I, class II, and class III urban areas, developers of housing investment and construction projects shall develop houses for sale, lease purchase, and lease. In respect of other areas, provincial People’s Committees shall, depending on local conditions, determine areas where developers of housing investment and construction projects develop houses for sale, lease purchase, or lease or transfer land use right in form of land subdivision to allow buyers to build their own houses; if developers of housing investment and construction projects are allowed to transfer land use right to enable individuals to build houses, they shall conform to real estate trading and land laws; if land use right is auctioned for housing investment and construction projects in accordance with Land Law, developers of housing investment and construction projects shall develop houses for sale, lease purchase, and/or lease.
6. Depending on housing demands and local conditions, competent authority approving planning shall allocate land fund for social housing development for people with low income, poor households, near-poor households in urban areas, employees in economic zones, industrial parks, export-processing zones, hi-tech zones in accordance with this Law.
7. In respect of rural areas, mountainous regions, border areas, and islands, housing development shall conform to new rural development programs, customs, traditions of ethnicities, natural conditions of the regions and areas; gradually eliminate shifting cultivation, develop rural areas in a sustainable development; encourage housing development in form of projects and multi-storey housing development.
8. Management and use of houses shall serve the right purposes, occupancy, satisfy fire safety, hygiene, environmental, social security, order requirements and conform to regulations on housing dossier management, maintenance, preservation, renovation, and demolition of houses and other housing management and use regulations.
9. Satisfy other requirements according to this Law in respect of housing development.
Tìm kiếm
Luật Nhà ở 2023 (Bản Word)