Can I be issued with a certificate of homeownership if I buy a mini-apartment? Is the apartment building in Vietnam only valid for 50 years?
Can I be issued with a certificate of homeownership if I buy a mini-apartment?
Pursuant to Clause 2, Article 46 of the 2014 Law on Housing in Vietnam stipulating as follows:
Requirements and quality of housing of households and individuals
1. The housing must be built on the piece of land satisfying requirements pertaining to the housing area standards as prescribed in law on land.
…
2. 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 this Law, each apartment shall be recognized the homeownership.
Thus, if the work has been licensed for construction and meets the conditions specified above, each apartment will be granted a certificate of homeownership (pink book).
Current apartment buildings must comply with QCVN 04:2021/BXD, issued together with Circular No. 03/2021/TT-BXD, which stipulates that an apartment flat must have at least 1 dwelling and 1 sanitary or hygiene section. Minimum usable area of an apartment flat must not be lower than 25 m2.
In case you want to buy a mini apartment with an area of 25m2, you will be issued a certificate of homeownership if the apartment flat has at least 1 dwelling and 1 sanitary or hygiene section.
Can I be issued with a certificate of homeownership if I buy a mini-apartment? Is the apartment building in Vietnam only valid for 50 years?
Is the apartment building in Vietnam only valid for 50 years?
Pursuant to Article 99 of the 2014 Law on Housing in Vietnam on the useful life of apartment buildings as follows:
Useful life of apartment buildings in Vietnam
1. The useful life of an apartment building is determined according to the class of the construction and conclusion on quality assessment provided by the housing authority of province where the apartment buildings prescribed in Clause 2 of this Article are located. The People’s Committee of the province shall grant funding to carry out the housing quality assessment.
2. When the useful life of the apartment building expires as prescribed in law on construction or the apartment building is seriously damaged, or in danger of collapse, or unsafe for its occupiers, the housing authority of province shall carry out the housing quality inspection following procedures below:
a) In case the apartment building is still quality and safe for occupiers, its owner(s) entitled to use it for a period stated in the conclusion, except for cases prescribed in Clause 2 and Clause 3 Article 110 of this Law;
b) In case the apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers, the housing authority of province shall issue the conclusion on housing quality inspection and send a report to the People’s Committee of the province, then send a notification to the homeowner; the content of the notification must be disclosed on the website of the People’s Committee and the housing authority of province, and by means of local mass media.
The owner(s) of the apartment building must demolish the apartment building to renovate or rebuild a new apartment building or transfer it to the competent agency to demolish or rebuild another construction as prescribed in Clause 3 of this Article.
3. Any apartment building and the piece of land on which an apartment building is located prescribed in Point b Clause 2 of this Article shall follow the procedures below:
a) In case the piece of land on which the apartment building is located is still conformable with the planning for housing construction, the owner(s) is/are entitled to renovate or rebuild a new apartment building as prescribed in Section 2 of this Chapter;
b) In case the piece of land on which the apartment building is located is no longer conformable with the planning for housing construction, the owner(s) must return this apartment building to the competent agency in order to demolish and rebuild another construction according to the approved planning;
c) In case the owner(s) of the apartment building fails to implement the decision on demolition or return the apartment building, the President of the People’s Committee of the province shall enforce the housing demolition or enforce the relocation;
d) The settlement of dwelling provided for the owners of the apartment building which is demolished shall comply with Article 116 of this Law.
In case the apartment building is demolished to rebuild a new apartment building, the owners are entitled to keep using the piece of land on which that apartment building is located; in case the apartment building is demolished to build another construction, the settlements of the piece of land on which that apartment building is located shall comply with regulations of law on land.
Thus, at present, the number of years with the useful life of apartment buildings in Vietnam is not specified, but the useful life of apartment buildings will depend on the grade of construction work and the quality inspection conclusion of the housing management agency.
The actual useful life of the apartment is usually 50 years, so if after the end of 50 years, the apartment building is concluded by the housing management agency as still ensuring the quality and safety for users. The owner may continue to use the apartment building.
In case the apartment building is concluded that it is no longer safe for occupants, the owner may dismantle it for renovation if the land area containing the apartment building is still in accordance with the housing construction planning.
Are land use rights attached to when I buy an apartment flat?
According to the provisions of Clause 3, Article 126 of the 2013 Land Law of Vietnam, for projects on construction of houses for sale or for a combination of sale and rent or for lease- purchase, the land use term shall be determined in accordance with the duration of the project. Those who buy houses associated with land use rights may use land for a long and stable term.
Thus, in the case of buying a mini-apartment, it will be attached to the land use right, at this time the individual will jointly own the land use right with other buyers of the same lot.
LawNet
