Chapter XIII
IMPLEMENTATION
Article 196. Amendments to articles of relevant laws
1. Amend Clause 1 Article 19 of the Law on Investment No. 61/2020/QH14 amended by Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15, and Law No. 26/2023/QH15:
“1. Depending on approved or decided planning in accordance with planning laws, ministries, ministerial agencies, provincial People’s Committees shall develop investment development plans and organize construction of technical infrastructures, social infrastructures outside of industrial parks, export-processing zones, hi-tech zones, functional areas in economic zones; in respect of industrial parks where worker housing is built, regulations under the Law on Housing.”.
2. Amend Clause 4 Article 3 of the Law on Public Investment No. 39/2019/QH14 amended by the Law No. 64/2020/QH14, Law No. 72/2020/QH14, and Law No. 03/2022/QH15:
“4. The management and use of Government investment in enterprises shall conform to regulations on management and use of government investment in production and business operations in enterprises. Decision on investment guidelines, and decision on investment and construction of official housing and purchase of commercial housing property for use as official housing shall conform to the Law on Housing.”.
Article 197. Entry into force
1. This Law comes into force from January 1, 2025.
2. The Law on Housing No. 65/2014/QH13 amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No. 03/2022/QH15 expire from the effective date hereof, except for cases detailed under Point b Clause 1, Points a, c, dd, e, and g Clause 2, Clause 3, Points a, b, c, d, dd, and e Clause 5 Article 198 hereof.
3. Houses under ownership of the government mentioned under legislative documents on housing promulgated before the effective date hereof are deemed public housing.
Article 198. Transition clauses
1. Carried over regulations in respect of provincial housing development programs and plans approved before the effective date hereof:
a) Continue to conform to approved provincial housing development programs and plans; if amendment is required, regulations under this Law shall be adhered to, except for cases under Point b of this Clause.
If provincial People’s Councils approve provincial housing development programs before the effective date hereof and provincial People’s Committees have not approved the programs as of the effective date hereof, approval shall be granted in accordance with programs approved by the People's Councils. If provincial People’s Committees have approved provincial housing development programs and have not approved provincial housing development plans, provincial housing development plans shall be developed and approved in accordance with this Law; if provincial housing development plans do not conform to approved provincial housing development programs, the programs shall be revised in accordance with this Law;
b) If provincial housing development programs and plans are approved before the effective date hereof and said provincial housing development programs and plans must be amended due to increasing housing demand in respect of entities under Clause 7 Article 76 hereof at request of the Ministry of National Defense and Ministry of Public Security, provincial housing development programs and plans shall be amended once in accordance with housing laws before the effective date hereof.
2. Transition regulations on housing development:
a) In respect of housing and urban investment development projects where provincial People’s Committees issue documents identifying areas, locations where transfer of land use right is allowed for private housing construction as per the law, said documents shall be adhered to;
b) In respect of housing and urban area investment and construction projects that are at project developer selection phase where competent authority has not issued documents on selection of project developers as of the effective date hereof, project developers shall be selected in accordance with this Law, except for cases under Point a Clause 3 and Point d Clause 5 hereof;
c) In respect of social housing investment and construction projects, apartment building renovation and reconstruction projects where competent authority has decided or approved investment guidelines, approved project investment, approved projects before the effective date hereof, project developers shall continue to benefit from incentives under written decision and approval unless this Law or new legislative documents dictate a higher incentives at which point project developers shall benefit from the new incentives for the remainder of investment projects;
d) If multiple investors receive approval for investment guidelines simultaneously as investor approval and are applying for project developer acknowledgement at which point competent authority has not promulgated written approval of project developers in accordance with housing laws before the effective date hereof, regulations under this Law shall be adhered to;
dd) In respect of official housing investment and construction projects where investment decisions have been issued before the effective date hereof, the written decisions shall be adhered to;
e) In respect of housing investment and construction projects serving relocation where competent authority has decided or approved investment guidelines, approved project investment, and/or decided on project approval before the effective date hereof, written decision and approval shall be adhered to;
g) In respect of single-family houses of households and individuals under Clause 2 Article 46 of the Law on Housing No. 65/2014/QH13 amended in accordance with the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No. 03/2022/QH15, if certificate has been issued to each flat in the houses, owners of these flats shall continue to exercise rights and obligations of house owners in accordance with housing laws before the effective date hereof.
If houses under this Clause satisfy requirements according to housing laws and other relevant laws before the effective date hereof and has not been issued with certificate as of the effective date hereof, households and individuals may apply for certificate in accordance with housing laws before effective date hereof and land laws.
In respect of houses under this Clause that do not meet requirements under housing laws and other relevant laws before the effective date hereof, penalties shall be imposed in accordance with housing laws, construction laws, fire safety laws, and other relevant laws applicable at the time of violation; certificate shall not be issued for individual flats in these houses and housing transactions shall be handled in accordance with the Civil Code.
3. Transition regulations regarding apartment building renovation and reconstruction:
a) In respect of apartment building renovation and reconstruction projects that are at project developer selection phase where competent authority has not issued document on project developer selection as of the effective date hereof, developers of apartment building investment and construction project shall be selected in accordance with housing laws before the effective date hereof. Project execution shall conform to this Law and other relevant law provisions;
b) In respect of legitimate request for approval of investment guidelines and approval of developers of apartment building renovation and reconstruction projects; legitimate request for approval of investment guidelines of apartment building renovation and reconstruction projects that competent authority has received before the effective date hereof and as not processed, said documents shall be processed in accordance with housing laws before the effective date hereof;
c) In respect of apartment building renovation and reconstruction projects where compensation has been made in accordance with compensation, support, relocation measures before July 1, 2015 or compensation, support, relocation measures approved under Law on Housing No. 65/2014/QH13 amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No. 03/2022/QH15 and documents elaborating, guiding implementation, approved measures shall continue to be adhered to unless area of houses, land, and constructions has not been included in compensation, support, relocation measures. Compensation for area of houses, land, and constructions that has not been included in compensation, support, relocation shall conform to this Law;
d) In respect of old apartment buildings to which provincial People’s Committees have promulgated K coefficient for flat area compensation in apartment building renovation, reconstruction projects in accordance with housing laws before the effective date hereof, the K coefficient shall remain available for the purpose of determining compensation, support, relocation of apartment building owners.
4. Transition regulations on apartment building management and use:
a) In respect of apartment buildings commissioned and used before the effective date hereof where written decision or approval of investment guidelines or documents of equivalent legitimacy do not require transfer of technical infrastructures, project developers are responsible for maintaining, operating, ensuring that the technical infrastructures are used for the proper purposes and functions; if transfer is needed but has not been implemented, the transfer must be implemented for management and use in accordance with this Law;
b) In respect of technical infrastructures in apartment building vicinity commissioned and used before the effective date hereof where written decision or approval of investment guidelines or documents of equivalent legitimacy do not require transfer, project developers are responsible for maintaining, operating, ensuring that the technical infrastructures are used for the proper purposes and functions; if transfer is needed but has not been implemented, the transfer must be implemented for management and use in accordance with this Law.
5. Transition regulations on Chapter VI hereof:
a) In respect of social housing investment and construction projects with decisions or approval of investment guidelines, decision on investment, decision on project approval, investment approval, written selection of project developers issued before the effective date hereof, said documents shall be adhered to unless amendments to investment guidelines or projects are required in accordance with investment laws;
b) In respect of commercial housing property and urban area investment and construction projects with investment guidelines approval, decision on investment, decision on project approval, investment approval issued before the effective date hereof, developers of commercial housing property and urban area investment and construction projects shall reserve a percentage of homestead land in investment projects where technical infrastructures have been built to build social housing in accordance written decision and approval;
c) In respect of commercial housing property and urban area investment and construction projects that have been implemented where project developers have failed to reserve a percentage of homestead land in investment and construction projects where technical infrastructures have been built to build social housing as of the effective date hereof, project developers shall continue to fulfill this obligation in accordance with housing laws before the effective date hereof;
d) In respect of social housing investment and construction projects that are during project developer selection phase where written selection of project developers have not been issued in accordance with housing laws before the effective date hereof, housing laws applicable before the effective date hereof shall be adhered to;
dd) In respect of the sale of social housing where land levy must be paid in accordance with housing laws before the effective date hereof but has not been paid as of the effective date hereof, land levy shall be paid in accordance with housing laws before the effective date hereof;
e) Registration, approval, appraisal of prices, signing of contracts, sale, purchase, lease purchase, lease, sale of social housing that adhere to housing laws before the effective date hereof and have not been finished as of the effective date hereof, compliance with housing laws before the effective date hereof shall be maintained;
g) If developers of social housing investment and construction projects have reserved social housing area in social housing investment and construction projects for lease in accordance with Clause 3 Article 54 of the Law on Housing amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No. 03/2022/QH15 but have not leased, this housing fund are available for sale and lease purchase in accordance with this Law.
6. In respect of entities managing apartment building operation that has had their information uploaded in accordance with housing laws before the effective date hereof, application for certificate of eligibility for managing apartment building operation in accordance with this Law is not required, except for changes to information or services or failure to satisfy requirements under this Law.
7. In respect of households owning houses before the effective date hereof, participation in legal relationship regarding housing shall be done as members of house owner households with rights and obligations similar to those of house owners under this Law.
This Law is approved by the 15th National Assembly of the Socialist Republic of Vietnam in the 6th meeting on November 27, 2023.
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Luật Nhà ở 2023 (Bản Word)
