Vietnam: What are the guidelines for construction of detached houses and apartment buildings under Official Dispatch 4157/BXD-QLN?
- What are the guidelines for construction of detached houses and apartment buildings in Vietnam under Official Dispatch 4157/BXD-QLN?
- Are mini apartment buildings in Vietnam requred to meet fire safety requirements?
- What are the prohibited acts in the management and use of mini apartment buildings in Vietnam?
What are the guidelines for construction of detached houses and apartment buildings in Vietnam under Official Dispatch 4157/BXD-QLN?
On September 15, 2023, the Ministry of Construction issued Official Dispatch 4157/BXD-QLN in 2023 guiding the strengthening of the implementation of the provisions of the law on construction of detached houses and apartment buildings in Vietnam.
Accordingly, the Ministry of Construction provides guidance on the construction of detached houses and apartment buildings in Vietnam as follows:
Regarding the type of detached houses designed with many floors, many apartments (often called mini apartment buildings), the law on housing has provided as follows:
- Detached houses are designed and built with two or more apartments in a self-contained style (with separate rooms, separate kitchens, separate toilets, and separate bathrooms).
- The minimum floor area of each apartment is at least 30m2 or more and the construction, repair and renovation of this house must comply with the provisions of the law on construction.
The 2014 Law on Construction stipulates that construction works, including detached houses in urban areas, must be strictly managed and controlled by central and local state management agencies in charge of construction through the issuance of construction permits, and construction quality management depending on scale and level.
Detached houses shall be granted a construction permit when satisfying the following conditions:
(1) Be conformable with land use purposes according to approved land use master plans;
(2) Ensure safety for the works;
(3) Meet requirements on environmental protection and fire and explosion prevention and fighting; ensure safety for technical infrastructure
(4) Have their construction designs that comply with standards and regulations, meet functional requirements, and ensure load-bearing safety, safety during use...
Currently, according to the provisions of Article 9 of Decree 06/2021ND-CP of the Government of Vietnam, the construction of detached houses for households and individuals must comply with regulations such as:
- Investors in detached houses built for family or personal needs without basements and with a total construction floor area of less than 250 m2 or less than 3 floors, or with less than 12m in height, per each may exercise the freedom of design;
- Design of detached houses built for family and personal needs with under 7 floors or with 1 basement, except for the case specified at Point a of this Clause, must be made by qualified organizations or individuals in accordance with laws;
- Design documentation of detached houses built for household or individual needs with 7 floors or more or with 02 basements or more must be subject to the construction design verification regarding the construction safety before applying for construction permits. Design and design verification must be conducted by qualified and competent organizations and individuals under the laws.
According to the provisions of Clause 1.1.13 of Regulation 06:2021/BXD, detached houses for households have a height of 6 floors or less or no more than 01 basement, are not required to apply this Regulation but follow separate instructions, suitable for each house and residential area.
In case of conversion of functions to other purposes, it must comply with the provisions of this Regulation and must be approved by the Competent Fire Protection and Rescue Police Authority as for works subject to fire protection design approval.
The Government of Vietnam has also issued Decree 121/2013/ND-CP, Decree 139/2017/ND-CP, and Decree 16/2022/ND-CP on administrative penalties in construction activities, which specify violations and have corresponding penalties. Along with penalties, these Decrees also add strict penalties such as: suspension of the right to use construction permits, forced restoration of the original status; termination of construction of works; dismantling of the wrong works, parts of works...
Thus, the laws on construction and housing have created a legal corridor to fully regulate relevant activities in the field of construction in general, detached house construction in particular, as well as the handling of related violations.
In order to protect people's lives and properties, contributing to ensuring security, social order and safety in residential areas, the Ministry of Construction requests the People's Committees of provinces and centrally-run cities to direct the Department of Construction to coordinate with local authorities to urgently perform the following tasks:
(1) Continue to implement the contents mentioned in Document 2937/BXD-QLN 2020 of the Ministry of Construction.
(2) For detached houses designed with many floors, many apartments, they must urgently review all of these works to detect violations of the construction order, especially violations of fire prevention and fighting; have solutions to separate the parking area from the living area and have its own emergency exit; invest in equipment appropriate fire prevention and fighting; arrange people with health and experience to manage and operate the building, and at the same time strictly handle violations of relevant organizations and individuals in accordance with the provisions of law.
(3) With regard to the above-mentioned works during new construction, the competent authorities of the locality shall strictly control the compliance with the provisions of the law on planning, construction, fire prevention and fighting, management of the issuance of construction permits, quality control management, and construction order management according to regulations.
(4) Instruct competent authorities to intensify inspection to detect and strictly handle violations of construction orders, fire prevention and fighting by concerned organizations and individuals.
Are mini apartment buildings in Vietnam requred to meet fire safety requirements?
Based on Appendix IV and Appendix V issued with Decree 136/2020/ND-CP, Article 5 of Decree 136/2020/ND-CP mentions mini apartment buildings in Vietnam as follows:
- Mini apartment buildings with at least 5 stories or volume of at least 5,000 m3, tenement houses and dormitories with at least 5 stories or total volume of at least 2,500 m3; mixed-use buildings with at least 5 stories or total volume of at least 1,500 m3 must meet fire safety requirements.
- Mini apartment buildings with at least 7 stories or a total volume of at least 5.000 m3 must have a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results.
Thus, according to the above regulations, mini apartment buildings, whether over 7 floors or under 5 floors, must ensure fire safety requirements.
What are the prohibited acts in the management and use of mini apartment buildings in Vietnam?
Pursuant to the provisions of Article 35 of Decree 99/2015/ND-CP, the prohibited acts in management and use of mini apartment buildings in Vietnam are specified as follows:
Prohibited acts in management and use of apartment buildings
1. Using the funding for management, operation, and maintenance of shared area against provisions of the Law on Housing, this Decree, and the Statute on management and use of apartment buildings promulgated by the Ministry of Construction.
2. Causing permeation or leakage; making noise beyond the limits specified by law; discharging garbage, wastewater, exhaust gases, toxic substances against regulations of law on environmental protection or internal regulations on management and use of the apartment building.
3. Breeding animals in the apartment building.
4. Painting, decorating the outer sides of the apartments of apartment building against regulations on its design and architecture.
5. Repurpose the share area of the apartment building without permission; repurpose the non-residential area in the apartment building against the designed approved by a competent authority.
6. The following business lines are prohibited in the business area of an apartment building:
a) Explosive, combustible materials, and business lines that endanger life and property of users of the apartment building as set out in regulations of law on fire safety;
b) Discotheque business; repair of motor vehicles; slaughtering, provision of services causing pollution as set out in regulations of law on environmental protection.
Restaurant, karaoke, and bar business must ensure noise isolation, fulfillment of fire safety requirement, have emergency exits, and conformity with other business conditions prescribed by law.
7. Any other prohibited acts related to management and use of apartment buildings specified in Article 6 of the Law on Housing.
Thus, the prohibited acts in management and use of mini apartment buildings in Vietnam are specified above.
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