Will penalties be imposed for using apartments for purposes other than residential purposes in Vietnam? How many types of apartment buildings are there currently?
How many types of apartment buildings are there currently in Vietnam?
Under Clause 3 Article 3 of the Law on Housing 2014 provides as follows:
"Article 3. Interpretation of terms
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3. Apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works for organizations, households or individuals, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.
Currently, there are 02 types of apartment buildings, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.
Will penalties be imposed for using apartments for purposes other than residential purposes in Vietnam? How many types of apartment buildings are there currently?
What are the regulations on determining the useful life of apartment buildings in Vietnam?
According to Article 99 of the Law on Housing 2014, the regulations are as follows:
Useful life of apartment buildings
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.
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 the province where the apartment building is located.
What are the penalties for using apartments for purposes other than residential purposes in Vietnam?
According to Article 70 of Decree 16/2022/ND-CP, the regulations are as follows:
Violation of regulation on management and use of apartment buildings of apartment building inhabitants
1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Soaking or leaking water to apartment buildings that are not under their ownership, management, or use;
b) Using paint or decorating the exterior of the apartments or apartment buildings in a manner conforming to regulations on design and architecture;
c) Selling hazardous, explosive commodities, providing repair services for motorized vehicles, or cattle slaughtering services;
d) Operating restaurants, karaoke venues, or bars in commercial sections of apartment buildings without satisfying soundproofing or fire safety requirements;
dd) Running business activities in areas not reserved for business activities of apartment buildings;
e) Using apartments for purposes other than residential purpose.
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3. Remedial measures:
a) Mandated restoration to original state for violations under Point a, Point b Clause 1, Point a, Point b Clause 2 of this Article;
b) Mandated relocation of hazardous, explosive commodities out of residential areas or mandated suspension of repair services for motorized vehicles or suspension of cattle slaughtering services in apartment buildings for violations under Point c Clause 1 of this Article;
c) Mandated fulfillment of soundproofing and fire safety regulations for violations under Point d Clause 1 of this Article;
d) Mandated the use of apartment apartments for residential purposes for violations under Point e Clause 1 of this Article;
dd) Mandated return of areas and equipment intended for common use for violations under Point c Clause 2 of this Article;
e) Mandated the correct use of common areas or service areas in mixed-use apartment buildings for violations under Point d Clause 2 of this Article.
An administrative fine ranging from 20,000,000 VND to 40,000,000 VND may be imposed for using apartments for purposes other than residential purposes in Vietnam.
Additionally, based on the specific violation regarding the management and use of the apartment building, corresponding remedial measures will be applied according to the regulations above.
The administrative fine stipulated above applies only to violating organizations. For individual violations, the administrative fine will be half of that for organizations.
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