Vietnam Law has general regulations on development of housing of households and individuals. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are requirements pertaining to development of housing of households and individuals in rural areas in Vietnam? What are requirements pertaining to development of housing of households and individuals in urban areas? Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing
What are policies on housing development?
– The State shall provide residential land resources by granting approval for land-use planning, urban planning, particular area planning, or rural area construction planning.
– 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.
– 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.
– 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.
– 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.
What are Requirements pertaining to housing development?
– Conform to housing demands of multiple entities and socio-economic conditions of the country, each local government, each area or region in every period.
– Conform to Strategy for national housing development, construction planning, land-use planning and local housing development planning in every period.
– 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.
– 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.
– 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.
Requirements pertaining to development of housing of households and individuals in rural areas
– 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.
– 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.
– The households and individuals are only entitled to build housing on their lawful pieces of residential land.
– 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.
– 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.
Requirements pertaining to development of housing of households and individuals in urban areas
– 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.
– Any existing housing must be constructed or renovated in conformity with the specific planning for urban area construction an+or design. Any housing which is granted the License for construction must be built in conformity with the License for construction.
– 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.
Land used for development of housing of households and individuals
– Residential land under lawful ownership of households and individuals, or leased or lent from other households and individuals to build housing.
– Residential land allocated by the State to build housing as prescribed in law on land.
– Residential land allocated as compensation by the State in case of land withdrawal as prescribed in law on land.
Methods of developing housing of households and individuals
– The households and individuals in rural areas shall build housing under methods below:
+ Build housing themselves, or hire other organizations or individuals to build housing, or enjoy the support for housing construction from other organizations or individuals;
+ Cooperate together in housing construction.
– The households or individual in urban areas shall build housing under methods below:
+ Build housing themselves, or hire other organizations or individuals to build housing, or enjoy the support for housing construction from other organizations or individuals;
+ Hire the organizations or individuals qualifying for housing construction as required by law on construction;
+ Cooperate in renovation an+or gentrification including housing.
Requirements and quality of housing of households and individuals
– The housing must be built on the piece of land satisfying requirements pertaining to the housing area standards as prescribed in law on land.
– 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 2014 Vietnam Law on Housing, each apartment shall be recognized the homeownership.
– 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 2014 Vietnam Law on Housing.
Responsibility of households and individuals in the housing development
– Conform to procedures for renovation or construction of housing as prescribed in law on construction.
– Comply with regulations on hygiene and environment over the housing renovation or construction progress.
– 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.
– 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 2014 Vietnam Law on Housing.
– Fulfill other responsibility when they renovate or construct housing as prescribed.
Cooperation of households and individuals in housing construction and gentrification
– 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.
– 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.
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Frequently asked questions
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
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.
The households and individuals are only entitled to build housing on their lawful pieces of residential land.
Conclusion: So the above is Development of housing of households and individuals in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
