What are 04 cases of housing repurposing in Vietnam under the Law on Housing 2023?
- What are 04 cases of housing repurposing in Vietnam under the Law on Housing 2023?
- What are the regulations on repurposing for detached houses in Vietnam?
- What is the latest eligibility of parties to housing transactions in Vietnam in 2024?
- What are the cases where certificates of land use right, the right to house and other asset associated to land are not required in housing transactions in Vietnam?
What are 04 cases of housing repurposing in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Clause 1, Article 124 of the Law on Housing 2023, housing repurposing shall be allowed for the purpose of:
- repurposing relocation housing to social housing;
- repurposing unused official housing or social housing to relocation housing;
- repurposing houses invested and built using state budget or state funding or established under public ownership as per the law from time to time and leased out to households and individuals in accordance with housing laws to official housing or social housing for lease;
- under or circumstances according to decisions of Prime Minister on the basis of propositions of the Ministry of Construction.
Housing repurposing shall adhere to principles below:
- The repurposing is appropriate with approved provincial housing development programs and plans; not cause loss of public property;
- Repurposed houses shall be used effectively, for the right purpose, and adhere to standards, technical regulations of repurposed houses;
- Approval by the Ministry of Construction or provincial People’s Committees is required.
What are 04 cases of housing repurposing in Vietnam under the Law on Housing 2023?
What are the regulations on repurposing for detached houses in Vietnam?
Pursuant to the provisions in Clause 5, Article 9 of Circular 10/2021/TT-BXD, In case where the owner of the house changes part or all of the purposes of the detached house:
- If such change involving the repair or renovation is eligible for construction permit waiver specified at point d of clause 2 of Article 89 in the Law on the construction 2014 amended and supplemented in clause 30 of Article 1 in the Law on amendments to Construction Law, the homeowner must apply for the construction permit in accordance with law. Design and construction activities in this case must be subject to the provisions of applied technical regulations and standards and must correspond to new uses;
- If such change does not involve repair or renovation, then the homeowner must comply with the provisions of the law on fire and explosion prevention and control, the law on the environment and other relevant laws (if any).
What is the latest eligibility of parties to housing transactions in Vietnam in 2024?
Pursuant to the provisions of Article 161 of the Law on Housing 2023, eligibility of parties to housing transactions includes:
- Sellers, sellers/landlords, landlords, parties gifting, swapping, bequeathing, pledging, contributing capital, lending, lodging, authorizing housing management shall meet requirements regarding subjects of transaction in accordance with civil laws.
- Individual buyers, buyers/tenants, parties receiving gifted, swapped, bequeathed, mortgaged, contributed capital, borrowing, boarding, being authorized to manage houses shall meet requirements regarding subjects of transactions in accordance with civil laws and regulations below:
+ In case of domestic individuals, residence registration in locales where housing transactions take place is not required;
+ In case of foreign individuals or overseas Vietnamese, eligibility for house ownership in Vietnam according to this Law must be met whereas residence registration in locales where housing transactions take place is not required. Overseas Vietnamese shall also conform to Land Law.
- Organizations buyers, buyers/tenants, tenants, parties receiving gifted, swapped, bequeathed, mortgaged, contributed capital, borrowing, boarding, authorized for housing management shall meet requirements regarding subjects of transactions in accordance with civil laws and are not dependent on location of business registration and establishment; foreign organizations must also be eligible for house ownership in Vietnam according to this Law; organizations authorized for housing management must also provide real estates trading services and are currently operating in Vietnam in accordance with real estates trading laws.
What are the cases where certificates of land use right, the right to house and other asset associated to land are not required in housing transactions in Vietnam?
Pursuant to the provisions of Clause 2, Article 160 of the Law on Housing 2023, there are 05 cases where certificates of land use right, the right to house and other asset associated to land are not required in housing transactions:
- Purchase, lease purchase, mortgage of off-plan housing; housing sale in case of dissolution, bankruptcy;
- Gifting of charity houses;
- Purchase, lease purchase of the following existing houses of developers of housing investment and construction projects: public housing, social housing, housing for people’s armed forces, relocation housing that are not under public ownership;
- Lease, lending, lodging, and authorization for housing management;
- House inheritance.
Documents proving requirements of houses in transactions under this Clause shall conform to regulation of the Government.
The Law on Housing 2023 comes into force from January 1, 2025.
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