Vietnam Law has general provisions of housing development. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are policies on housing development in Vietnam? What are requirements pertaining to housing development in Vietnam? What are forms of housing development and residential construction projects? Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing.
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.
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.
Local housing development programs and plans
– 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 2014 Vietnam Law on Housing.
– 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.
Determination of land resources for housing development
– 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 zon+, 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.
– 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.
Forms of housing development and residential construction projects
– Forms of housing development include:
+ Development of housing in projects;
+ Development of housing of households or individuals.
– Residential construction projects prescribed in 2014 Vietnam Law on Housing include:
+ Projects for building or renovating an independent housing or housing estate;
+ Projects for building residential area synchronized with technical and social infrastructure in the rural areas;
+ Projects for building urban areas or projects using multi-purpose land which have residential land plots;
+ Projects for building works for both residential and business purposes.
Types of housing development and project-based housing construction
– Types of housing development include:
+ Commercial housing development;
+ Social housing development;
+ Official residence development;
+ Housing serving the relocation development;
+ Housing of household or individual development.
– Types of project-based housing construction include:
+ Development of housing invested by real estate enterprises for lease, lease purchase, or sale;
+ Renovation and reconstruction of old housing areas an+or apartment buildings;
+ Development of housing serving the relocation;
+ Development of state-owned housing.
Requirements pertaining to residential construction projects
– Residential construction projects prescribed Clause 2 Article 17 of 2014 Vietnam Law on Housing shall comply with regulations of 2014 Vietnam Law on Housing.
– 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 2014 Vietnam Law on Housing.
– 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.
– 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 2014 Vietnam Law on Housing before the construction is commenced.
– 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:
+ 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;
+ 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;
+ The information about the projects prescribed in Point a and b of this Clause must be disclosed over the progress of the projects.
Requirements pertaining to residential architecture
– 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.
– 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.
– 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.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
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 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.
Conclusion: So the above is General provisions of housing development in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
