What is the lifespan of apartment buildings in Vietnam under the Law on Housing 2023? What are the notes on private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease?
- What are the notes on private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease in Vietnam according to the guidance of the Law on Housing 2023?
- What is the lifespan of apartment buildings in Vietnam under the Law on Housing 2023?
- What is an apartment building in Vietnam?
What are the notes on private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease in Vietnam according to the guidance of the Law on Housing 2023?
The issue of private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease is a problem facing many inadequacies in reality.
Pursuant to Article 57 of the Law on Housing 2023, there are notes on the private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease as follows:
(1) Eligibility of project developers of housing investment and construction projects
Individuals who build houses on residential land under their ownership, assigned by the Government, including land assigned as a form of compensation, land use right transfer, lease, borrow from other organizations and individuals in the following cases must satisfy eligibility of developers of housing investment and construction projects, comply with construction law and other relevant law provisions in respect of housing investment and construction laws in investment and construction:
- Houses of at least 2 storeys where each storey accommodates dwelling units designed, built for sale, lease purchase, or a combination of sale, lease purchase, lease;
- Houses of at least 2 storeys and at least 20 dwelling units for lease
Dwelling units mentioned above shall be issued with certificate according to land laws, sold, lease-purchased, leased in accordance with Law on Housing 2023 and real estate trading laws.
(2) Houses of at least 2 storeys and less than 20 dwelling units where each storey accommodates dwelling units designed and built for lease
Individuals who build houses on residential land under their ownership, assigned by the Government, including land assigned as a form of compensation, land use right transfer, lease, borrow from other organizations and individuals, when building houses of at least 2 storeys and less than 20 dwelling units where each storey accommodates dwelling units designed and built for lease, conform to regulations below:
- Satisfy construction requirements of private multi-storey multi-unit houses according to regulations of the Minister of Construction;
- Satisfy fire prevention and firefighting in accordance with regulations on fire safety applicable to private multi-storey multi-units houses;
- Satisfy requirements regarding roads for firefighting facilities set forth by provincial People’s Committees in respect of private multi-storey and multi-unit houses.
(3) If private multi-storey and multi-unit houses accommodate dwelling units for sale and/or lease purchase, requirements under (1) shall be met
(4) Management and operation of houses shall conform to Regulations on management and use of apartment buildings stipulated by the Minister of Construction (hereinafter referred to as “Regulations on management and use of apartment buildings”).
What is the lifespan of apartment buildings in Vietnam under the Law on Housing 2023? What are the notes on private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease?
What is the lifespan of apartment buildings in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 58 of the Law on Housing 2023:
Lifespan of apartment buildings
1. Lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority. Lifespan of apartment buildings according to design dossiers shall be specified in written appraisal of competent authorities in accordance with construction laws.
2. Lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.
3. If lifespan of apartment buildings according to design dossiers under Clause 1 of this Article expires or the apartment buildings in question are damaged, prone to collapse, or do not guarantee safety for owners and occupants of apartment buildings before expiry of lifespan, provincial People's Committees shall coordinate inspection and quality assessment of apartment buildings in accordance with Article 61 hereof.
4. Declaration of apartment building lifespan expiry shall conform to this Law and construction laws.
Thus, lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.
Lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority.
What is an apartment building in Vietnam?
Pursuant to the provisions of Clause 3, Article 2 of the Law on Housing 2023, the definition of an apartment building is as follows:
Apartment buildings refer to buildings with at least 02 storeys, multiple dwelling units, common staircases and common walkways, private property and common property, common infrastructures and amenities for use by households, individuals, and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes.
An apartment building is understood according to the definition mentioned above. Apartment building owners refer to owners of dwelling units and owners of areas other than dwelling units in apartment buildings.
Law on Housing 2023 comes into force from January 01, 2025.
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