Vietnam Law has regulations on state management of housing. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on state management of housing? What are regulations on formulation of Strategy for national housing development? What are regulations on approval for programs or plans for housing development Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing
General regulations on State management of housing
– Formulate and direct to implement strategies, projects, programs, or plans for development and management of housing.
– Issue and implement legal documents on housing, mechanism, policies on development and management of housing.
– Formulate and issue technical regulations and standards, classification of housing and quality control of housing.
– Decide policies on projects on housing construction; assessment, approval, adjustments, or suspension of projects.
– Manage documents on housing; manage funds for state-owned housing; manage projects on housing construction.
– Investigate, release statistics, build system of database and communication of housing, manage, operate, develop, and provide database and information about housing.
– Study, apply science and technology, and raise public awareness of legal knowledge about housing.
– Provide human resources with training in development and management of housing.
– Manage housing public services.
– Recognize institutions providing training in management of apartment buildings grant Certificates of training in management of apartment building; recognize the classification of apartment buildings; grant, revoke the Certificates of training in housing.
– Provide guidance, expedite, inspect, deal with complaints, dispute, denunciation and violations against regulations in housing.
– Cooperate internationally in the housing fields.
Formulation of Strategy for national housing development
– According to socio-economic development strategy in every period, the Ministry of Construction shall formulate and request the Prime Minister to approve the Strategy for national housing development in every period.
– The Strategy for national housing development includes:
+ Objectives for housing development;
+ Objectives for housing development includes minimum area of housing, area of housing per capita in urban areas, rural areas and nationwide; development rate of types of housing; demand for social housing for those facing difficulties of housing;
+ Assignments and measures for housing development, in which target programs for housing development equivalent to every group entitled to benefit from policies on social housing must be clarified;
+ Responsibility of competent agencies in central governments and the People’s Committee of province for housing development and management;
+ Other relevant content.
– The basic indicators in housing development in the Strategy for national housing development includes area of housing per capita; number of housing; floor area of new housing; quality of housing in urban areas, rural areas and nationwide; entities facing difficulties of housing which are provided housing must be included in assignments of national socio-economic development in every period.
Approval for programs or plans for housing development
– The approval for programs or plans for housing development shall following procedures below:
+ With respect to central-affiliated cities, the People’s Committees of cities shall formulate programs for housing development as prescribed in Article 15 of 2014 Vietnam Law on Housing and confer the Ministry of Construction, then send it to the People’s Council of cities for approval. The People’s Committee of city shall approve and implement programs after the People’s Council of the city passes.
The documents send to the Ministry of Construction for conferring shall include planning for land resources used for housing construction and plans for providing accommodation for every group of entities; indicators for area of housing per capita; number, area, and rate of types of housing; expectation of capital resources; responsibility of relating agencies in the implementation of programs for housing development;
+ With respect to provinces, the People’s Committee of the province shall implement the programs for housing development as prescribed in Article 15 of 2014 Vietnam Law on Housing, then send it to the People’s Council of province for approval;
+ According to the approved program for housing development, the People’s Committee of the province shall formulate and approve the plan for local housing development as prescribed in Article 15 of 2014 Vietnam Law on Housing; if it has the plan for using budget for housing development, it is required to confer the People’s Council of province before approval.
– Procedures for formulation and content of plans for local housing development shall comply with regulations of the Government.
Approval of residential construction projects
– Before setting up or approving projects on housing construction for relocation, social housing, official residence using public capital, the policies on that projects shall be approved as prescribed in the Law on public investment. In case the project is invested by central budget, it is required to confer the Ministry of Construction; in case the project is invested by local budget, it is required to confer the housing authority of province.
– Regarding other projects on housing construction which must be granted the approval of investment as prescribed in the Law on Investment shall comply with the Law on Investment. Regarding projects which are not subject to the approval of investment as prescribed in the Law on Investment shall comply with regulations of the Government.
Application for approval of residential construction projects
– Regarding the case prescribed in Clause 1 Article 170 of 2014 Vietnam Law on Housing, both application for approval of residential construction project prescribed in the Law on public investment and documents prescribed in Point a and Point b Clause 2 of this Article are required.
– Regarding the projects must be approved as prescribed in the Law on Investment, both application for approval prescribed in the Law on Investment and the following documents are required:
+ Application form for the approval of the residential construction project, which clarifies legal basis, content of approval and reasons for applying for approval;
+ Specific planning drawing of area of projects approved by the competent agency.
Research, application of science and technology and international cooperation in housing field
– The State carries out incentive policies and facilitates the application of science and technology and international cooperation for development and management of housing.
– The State provides funding for application of new technology or material in housing construction to ensure quality, rate of progress, energy-saving and low expense on construction.
Regulations on agencies in charge of housing
– The Government shall be in charge of state management of housing nationwide.
– The Ministry of Construction shall take responsibility to the Government for management of housing nationwide.
– Relevant Ministries, agencies within their competence implement State management of housing and cooperate with the Ministry of Construction in implementation of law on housing.
– The People’s Committees must implement State management of housing in the administrative divisions as prescribed in 2014 Vietnam Law on Housing and the Government.
Responsibilities of the Ministry of Construction
– Formulate legal documents, strategies, projects, plans for housing development then send them to the Government an+or the Prime Minister.
– Issue and implement legal documents on housing within their competence; regulate technical regulations and standards, classification of housing, determination of rents, lease purchase prices, selling prices of social housing, housing serving the relocation, state-owned housing; regulate content and form of agreements on sale, lease, lease purchase of social housing, housing serving the relocation, state-owned housing.
– Give suggestion on programs for housing development of central-affiliated cities; conduct assessment of official residence, then submit the plan for development of official residence of central governments to the Prime Minister, approve projects on housing construction; make adjustments or impose suspension of residential construction projects as prescribed in 2014 Vietnam Law on Housing.
– Management of housing, storage of documents on state-owned houses of central governments.
– Investigate, release statistics, build system of database and communication of national housing, manage, operate, develop, and provide database and information about national housing.
– Research, apply science and technology, and raise public awareness of legal knowledge about housing.
– Provide training courses in management of apartment buildings, recognize institutions providing training courses in management of apartment buildings; regulate the grant of Certificates of training in management of apartment building; regulate and recognize the classification of apartment buildings.
– Provide guidance, expedite, inspect, and deal with complaints, dispute, denunciation and violations against regulations in housing.
– Cooperate internationally in the housing fields.
– Carry out other assignments in the housing fields as prescribed in 2014 Vietnam Law on Housing or given by the Government or the Prime Minister.
Regulations on housing inspection
– Specialist inspection of housing includes:
+ Inspection of the observance of law conducted by organizations, households or individuals involved in development, management and use of housing;
+ Discover, prevent and handle within their competence or request the competent agency to handle violations against law on housing.
– The Ministry of Construction shall take responsibility for specialist inspection of national housing. Departments of Construction shall take responsibility for specialist inspection of local housing.
– The Government shall provide guidance on this Article.
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Frequently asked questions
Officials and civil servants working in agencies in charge of housing management and development are required to participate in training course in development and management of housing. Any person working in the managing organization of an apartment building is required to participate in training course in management of apartment buildings and obtain the Certificate of training in management of apartment buildings as prescribed in regulations of the Minister of Construction.
The Minister of Construction shall regulate programs, curriculum content about development and management of housing provided for officials and civil servants in charge of development and management of housing nationwide.
Construction Inspectorate of the Ministry of Construction or Departments of Construction shall perform administrative or specialist inspection to organizations, households or individuals involved in development, management and use of housing.
Conclusion: So the above is State management of housing in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
