Hello lawyer 247. I currently have a resettlement house that was compensated by the state in 2015. Currently, I no longer need to use this house. So about the matter “Is resettlement house transferable under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Housing Law 2014
What is a resettlement house?
According to the 2014 Housing Law, a resettlement house is a house arranged for resettled households and individuals when the State recovers residential land or has their houses cleared in accordance with law.
This type of house is given priority in the issuance of a certificate of legal house ownership. The price of a resettlement house is often lower than the actual market value.
However, resettled houses are often located in remote areas from the city center, with standard housing areas and inadequate facilities like other types.
Housing standards for resettlement
According to Article 39 of the Law on Housing 2014, the specific types of houses and housing area standards for resettlement are as follows:
• In urban areas, housing for resettlement must meet the following criteria:
• Is an apartment building or a separate house built in accordance with the detailed construction planning and approved local housing development program and plan.
• In the case of an apartment, it must be designed and built in a closed manner, ensuring construction standards and regulations. When designing housing for resettlement, the investor can arrange a part of the area to organize business in accordance with the actual conditions of each project.
• In case of a separate house, it must be built according to the approved detailed construction planning and design; comply with the principles of housing architecture and ensure the minimum residential land area limit as prescribed by the law on land.
• In rural areas, houses for resettlement that are designed and built must include living areas and ancillary works, serving daily life, production associated with houses, and comply with the principles housing architecture and ensuring the minimum residential land area quota as prescribed by the law on land.
Principles of housing architecture: must be suitable to natural conditions, natural disaster prevention, scientific and technical level, historical and cultural traditions, and in accordance with the detailed construction planning approved by the agency approved by the competent state.
• In urban areas, housing architecture must be harmoniously combined between renovation and new construction, separate housing works must be attached to the overall architecture of the urban, must comply with urban design and regulations urban architectural planning management system.
• In rural areas, the architecture of houses must be in harmony with the natural landscape, in accordance with the customs, practices and production and business conditions of households, individuals and ethnic groups in each region. , domain.
Regulations related to resettlement houses
Resettlement housing and land are in essence implemented by the State or an investor with the purpose of creating a housing fund for people whose houses and land are recovered to stabilize their lives and serve site clearance.
Therefore, the purchase and sale of housing for resettlement has mandatory conditions and is strictly managed to avoid using the land fund or housing for the wrong purpose, receiving fees, or not for the right subjects. Regulations on buying and selling resettlement houses will need to require more difficult and complicated procedures than ordinary commercial housing.
In which cases are resettlement houses supported?
According to the provisions of Article 79 of the 2013 Land Law, Article 6 of Decree 47/2014/ND-CP, the cases in which people are allowed to live in resettlement houses include:
First, households and individuals currently using residential land and overseas Vietnamese who own houses associated with land use rights in Vietnam when the State recovers residential land has a Certificate of Land use right. land use rights or are eligible for a certificate of land use rights, ownership of houses and other land-attached assets in accordance with the law on land, shall be compensated with residential land or houses. Resettlement when fully meeting 02 conditions:
+ Having all residential land recovered or the remaining residential land area after recovery is ineligible for living as prescribed by the provincial People’s Committee;
+ Households and individuals no longer have residential land or other houses in the commune, ward or township where the recovered residential land is located.
Second, households and individuals are using residential land and overseas Vietnamese owning houses associated with land use rights in Vietnam. The recovered land has a certificate of land use rights or is eligible to be granted a certificate of land use rights, ownership of houses and other land-attached assets.
In the case of households with many generations, many couples living together on the same residential land, if eligible to separate into separate households, the People’s Committee of the province shall base themselves on the land fund for residential land and house. Resettlement and local realities determine the level of residential land and houses for resettlement for each household.
Thirdly, households and individuals using residential land located within the safety corridor when building public works with safety corridors must move their residence without having any other accommodation in the commune area wards and townships where land is located in the safety corridor may be resettled; compensation for moving costs and support for stabilizing life and production.
Fourthly, households and individuals in polluted areas are at risk of threatening human life; residential land at risk of landslide, subsidence, affected by other natural disasters threatening human life, whose land is recovered without any other residential land or houses in the commune, ward or township where the land is located. If there is recovered land, they will be compensated with residential land or houses.
Is resettlement house transferable under Vietnam law?
According to current legal regulations, houses for resettlement can be transferred if they meet the conditions for houses to participate in transactions as prescribed in Article 118 of the Law on Housing 2014.
For transactions, a Certificate is required
Transactions in housing purchase, sale, lease-purchase, donation, exchange, mortgage or capital contribution must satisfy the following conditions:
– Having a Certificate as prescribed by law.
– Not being subject to a dispute, complaint or lawsuit about ownership; are in the period of house ownership in the case of house ownership with a definite term.
– Not being distrained for judgment enforcement or distrained to execute legally effective administrative decisions of competent state agencies.
– Not subject to a decision on land recovery or a notice of house clearance or demolition issued by a competent authority.
For transactions that do not require a Certificate
According to regulations, the following housing transactions are not required to have a Certificate:
– Buy, sell, mortgage houses formed in the future.
– Organize the donation to gratitude houses and charity houses.
– Purchase, sale, lease-purchase of state-owned housing; purchase, sale, lease-purchase of social housing, housing for resettlement not under State ownership; selling houses specified in Clause 4, Article 62 of the Law on Housing 2014.
– Lease, lend, stay, authorize housing management.
– Receive housing inheritance.
– Transfer of contract of purchase and sale of commercial housing built in a housing construction investment project, including cases where the house has been handed over from the investor but has not yet submitted a dossier to the State agency for approval authority to issue the Certificate for that house.
Thus, the resettled house can be transferred when there is a certificate of house ownership, no dispute, no distraint, no land expropriation, etc.
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Please see more
- Regulation on resettlement land area in Vietnam
- Penalties for building a house without a permit in Vietnam
- How to buy a safe house under Vietnam law?
Frequently asked questions
Transactions in housing purchase, sale, lease-purchase, donation, exchange, mortgage or capital contribution must satisfy the following conditions:
Having a Certificate as prescribed by law.
Not being subject to a dispute, complaint or lawsuit about ownership; are in the period of house ownership in the case of house ownership with a definite term.
Not being distrained for judgment enforcement or distrained to execute legally effective administrative decisions of competent state agencies.
Not subject to a decision on land recovery or a notice of house clearance or demolition issued by a competent authority.
Under the regulations of the law, resettlement houses can be transferred when there is a certificate of house ownership
According to current legal regulations, houses for resettlement can be transferred if they meet the conditions for houses to participate in transactions as prescribed in Article 118 of the Law on Housing 2014.
Conclusion: So the above is Is resettlement house transferable under Vietnam law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
