From August 1, 2024, what are the regulations on leasing worker housing in industrial parks in Vietnam?
From August 1, 2024, what are the regulations on leasing worker housing in industrial parks in Vietnam?
Based on Clause 1, Article 60 of Decree 100/2024/ND-CP stipulating regulations on leasing worker housing in industrial parks as follows:
(1) For the case of worker housing within industrial parks invested and constructed by infrastructure business enterprises, the implementation is according to the following provisions:
- The infrastructure business enterprise investing in construction or the unit authorized to manage and operate the worker housing is responsible for renting to the correct subjects, which are the workers within the industrial zone;
- Workers in need of renting accommodation must submit an application according to Form No. 02 in Appendix II of Decree 100/2024/ND-CP, with confirmation from the production enterprise in the industrial zone;
- In case the number of applications for renting worker housing exceeds the total number of available accommodations, the approval and selection of subjects will be conducted by drawing lots organized by the investor, with the participation of representatives of the Industrial Zone Management Board and monitored by the labor union. The lot-drawing process must have a documented result;
- Renting worker housing must be documented with a Rental Agreement with the unit managing and operating the accommodation;
- Workers renting accommodations must pay the full rental fee, are not allowed to sublease or transfer the Rental Agreement, and will have their contract terminated or be dealt with according to legal regulations if they violate these conditions.
(2) For the case of worker housing within industrial parks invested and constructed by production enterprises within the industrial zone, workers in need of renting must submit an application according to Form No. 02 in Appendix II of Decree 100/2024/ND-CP and follow the regulations in Points a, b, and d, Clause 1, Article 60 of Decree 100/2024/ND-CP.
Furthermore, the management and usage of worker housing within industrial parks must comply with the regulations stipulated in Article 61 of Decree 100/2024/ND-CP, specifically as follows:
- The investor must organize the management and operation of the worker housing or hire or entrust a competent unit for this task.
- worker housing must be rented to the correct subjects.
- Unauthorized changes to the intended use are not permitted.
- Maintenance of the construction must comply with construction law regulations.
- The unit managing and operating the worker housing must establish usage rules, publicly announce them so that workers and related entities are aware and comply.
- The unit managing and operating worker housing is authorized to run other services within the worker housing area, not prohibited by law, to reduce the management and operation service fees.
- Activities related to managing and operating worker housing are entitled to preferential mechanisms similar to public utility services.
From August 1, 2024, what are the regulations on leasing worker housing in industrial parks in Vietnam? (Internet image)
What are entities eligible for support policies regarding worker housing in industrial parks in Vietnam?
According to Article 91 of the Housing Law 2023 which stipulates the entities eligible for support policies regarding worker housing in industrial parks in Vietnam:
- Workers currently working at enterprises, cooperatives, and union cooperatives within industrial parks.
- Enterprises managing the infrastructure of industrial parks; enterprises, cooperatives, and union cooperatives within industrial parks investing in and constructing worker housing.
How is environmental safety ensured for worker housing within industrial parks in Vietnam?
According to Article 59 of Decree 100/2024/ND-CP, worker housing within industrial parks must ensure environmental safety based on the following regulations:
(1) The environmental safety distance of the accommodation must comply with environmental law and construction law, ensuring safety for the construction and being synchronously identified when assessing the environmental impact of the industrial zone.
(2) There must be separate pathways and gates from those of the industrial production area, and the distance of these gates and pathways must ensure fire safety as per the legal regulations.
(3) There must be a separate isolation fence between the worker housing and the industrial production area.
(4) Green isolation belts around the worker housing must be arranged with a width of ≥ 10 m.
(5) The environmental safety distance from pollution-causing entities in the industrial zone, such as production workshops, material storages, finished products, toxic waste, and other auxiliary constructions generating non-domestic waste, must be ensured.
In addition, the scale and proportion of land area for developing worker housing within industrial parks must comply with Article 58 of Decree 100/2024/ND-CP, specifically:
- During the planning process for constructing industrial parks, the provincial People's Committee is responsible for allocating a minimum of 20% of the commercial land fund of the industrial zone for worker housing, except when the provincial land use plan, the housing development program, and plans have already provided enough land to meet housing needs for workers in that industrial zone.
- In cases where the industrial zone has already been established without adequate worker housing and still has commercial land that meets environmental safety conditions according to Article 59 of Decree 100/2024/ND-CP, the infrastructure business enterprise of the industrial zone may consider reporting to the provincial People's Committee to adjust a portion of the commercial land area for worker housing.
LawNet