What are the details of Decree 95 guiding on the Housing Law 2023 in Vietnam? What is the effective date of Decree 95 in Vietnam?
What are the details of Decree 95 guiding on the Housing Law 2023 in Vietnam?
On July 24, 2024, the Government of Vietnam promulgated Decree 95/2024/ND-CP, which details certain provisions of the Housing Law 2023.
Decree 95/2024/ND-CP provides specific details on certain provisions of the Housing Law 2023, including:
- Clause 3, Article 8 on documentation proving subjects and conditions for owning houses in Vietnam;
- Clause 4, Article 15 on the responsibilities of housing management agencies and operational management units in managing and using state-owned housing;
- Clause 3, Article 19 on requirements for areas ensuring national defense and security, conversion criteria to population scale equivalent to a ward, the number of houses foreign organizations and individuals can own, extension of house ownership periods, and management of housing owned by foreign organizations and individuals in Vietnam;
- Clause 3, Article 29 on content, procedures, construction approval, adjustment, construction costs, and adjustment of provincial housing development programs and plans; appropriateness of project content with provincial housing development programs when appraising investment policies;
- Clause 2, Article 34 on stages of housing construction investment projects;
- Clause 4, Article 37 on documentation for handing over apartment buildings;
- Clause 3, Article 42 on investment policy decisions, investment decisions, and investor decisions for housing construction projects for public service housing;
- Clause 5, Article 43 on purchasing and leasing commercial houses for use as public service houses;
- Point b, Clause 2, Article 45 on subjects and conditions for renting public service houses applicable to cases stipulated at points b, c, d, e, and g, Clause 1, Article 45 of the Housing Law 2023;
- Clause 5, Article 46 on determining rent prices for public service houses, procedures, and processes for leasing public service houses;
- Clause 2, Article 48 on subjects, conditions for allocating housing for resettlement; procedures for purchasing, leasing-purchasing, renting housing for resettlement;
- Clause 3, Article 52 on ordering, purchasing commercial houses, allocating social housing for resettlement, procedures for handing over housing, and managing and using housing for resettlement purposes;
- Clause 7, Article 57 on developing multi-story multi-apartment housing by individuals for sale, lease-purchase, lease;
- Clause 2, Article 114 on conditions for each form of capital mobilization for housing development;
- Clause 3, Article 124 on converting housing functions;
- Clause 4, Article 126 on determining the period of housing allocation, subjects and conditions for renting, purchasing houses, procedures for renting, selling houses, determining rent prices, selling prices for houses as stipulated at point d, Clause 1, Article 13 of the Housing Law 2023; methods of managing and using funds from leasing and selling state-owned housing; exemption and reduction of rent and sales prices as stipulated at point d, Clause 1, Article 13 of the Housing Law 2023; management, use, and operation of state-owned housing.
- Clause 3, Article 127 on procedures for revoking and enforcing the revocation of state-owned housing;
- Clause 3, Article 143 on categorizing apartment buildings;
- Clause 3, Article 150 on conditions for operational management units of apartment buildings;
- Clause 4, Article 154 on enforcing the handover of maintenance funds for apartment buildings with multiple owners;
- Clause 2, Article 160 on documents proving conditions of housing participation in transactions stipulated in Clause 2, Article 160 of the Housing Law 2023;
- Clause 2, Article 191 on transition regulations;
- Clause 5, Article 194 on resolving disputes over the management and use of state-owned housing.
The details and guidance for the implementation of certain articles and clauses of the Housing Law on social housing development and management, renovation, and rebuilding of apartment buildings, inspection, audit, and administrative penalties in the housing sector shall be conducted under other decrees of the Government of Vietnam.
What are the details of Decree 95 guiding on the Housing Law 2023 in Vietnam? (Internet image)
Decree 95 apply to which subjects in Vietnam?
Based on the provisions of Article 2 of Decree 95/2024/ND-CP, Decree 95/2024/ND-CP applies to:
- Domestic organizations and individuals, Vietnamese residing overseas, foreign organizations and individuals related to owning, developing, managing, operating, using houses, and housing transactions in Vietnam as stipulated in Decree 95/2024/ND-CP.
- State management agencies related to housing as stipulated in Decree 95/2024/ND-CP.
When will Decree 95 take effect in Vietnam?
Based on the provisions of Article 95 of Decree 95/2024/ND-CP, the following is stipulated:
Effective Date
1. This Decree shall take effect from August 1, 2024.
2. The following Decrees shall be annulled from the date this Decree takes effect:
a) Decree No. 99/2015/ND-CP dated October 20, 2015, of the Government of Vietnam detailing and guiding the implementation of certain provisions of the Housing Law 2014,
b) Decree No. 30/2019/ND-CP dated March 28, 2019, of the Government of Vietnam amending and supplementing certain provisions of Decree No. 99/2015/ND-CP detailing and guiding the implementation of certain provisions of the Housing Law;
c) Decree No. 30/2021/ND-CP dated March 26, 2021, of the Government of Vietnam amending and supplementing certain provisions of Decree No. 99/2015/ND-CP detailing and guiding the implementation of certain provisions of the Housing Law.
3. Annul Clause 5, and Clause 3, Article 16 of Decree No. 35/2023/ND-CP dated June 20, 2023, of the Government of Vietnam amending and supplementing certain provisions of Decrees under the state management of the Ministry of Construction; annul Article 9 of Decree No. 104/2022/ND-CP dated December 21, 2022, of the Government of Vietnam amending and supplementing certain provisions of the decrees related to the submission and presentation of household registration books and paper temporary residence books when carrying out administrative procedures and providing public services.
Decree 95/2024/ND-CP is effective in Vietnam from August 1, 2024.
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