What are the prohibited acts under the Law on Housing 2023 in Vietnam? When does the Law on Housing 2023 come into force?
Vietnam: What are the prohibited acts under the Law on Housing 2023?
Pursuant to Article 3 of the Law on Housing 2023, prohibited acts include:
- Violating the right to property of organizations and individuals.
- Obstructing the performance of state management regarding houses, the exercising of rights and obligations regarding ownership, use, and transaction of houses of organizations and individuals.
- Deciding or approving investment guidelines or approving housing investment and construction projects that do not conform to land use planning, construction planning, urban planning, or approved housing development programs and plans.
- Building houses on land where housing investment and construction is not allowed in accordance with this Law; building or renovating houses in a manner that does not conform to land use planning, construction planning, urban planning, design standards, area standards in respect of types of house stipulated by competent authority to be subject to design standards and area standards. Applying the wrong formula for calculating useable area of houses under this Law. Developing private multi-storey or multi-unit houses in a manner that contradicts this Law.
- Illegally expropriating house area; encroaching on space and area under joint ownership or ownership of other people in any shape or form; renovating, expanding, demolishing, reconstructing rented, lease-purchased, borrowed, lodged, or authorized houses without consent of owners.
- Signing capital mobilization documents or mobilizing capital for housing development without fulfilling conditions under this Law and other relevant law provisions; using mobilized capital or advance housing payment for the wrong purposes.
- Engaging in the sale, purchase, lease purchase, rent, accommodation rent, gift, transfer, mortgage, capital contribution, lease, lodging, authorization for house management in a manner that does not conform to this Law and other relevant law provisions; transferring houses to buyers, buyer/tenant without fulfilling condition under this Law and construction laws.
- Performing the following actions in apartment building management and use:
+ failing to incur maintenance fees for common property of apartment buildings (hereinafter referred to as “maintenance fees”); managing, using management, operation, or maintenance fees in a manner that violates housing laws;
+ intentionally causing damp; causing noise or vibration higher than the permissible value; disposing refuge, wastewater, emission, or toxic substances in a manner that violates environmental protection laws or apartment building management and use regulations; painting or decorating exterior of dwelling units or apartment buildings in a manner that violates design and architecture regulations; raising, herding livestock, poultry; slaughtering livestock within the vicinity of apartment buildings;
+ Intentionally changing occupancy, use purposes of common property of apartment buildings; using dwelling units for purposes other than residential; altering or damaging load-bearing elements; separating or splitting dwelling units without permission of competent authorities;
+ Intentionally using area and equipment under joint ownership for personal gain; altering purposes of service area in mixed-use apartment buildings without permission for repurposing of competent authorities;
+ Causing disorder, loss of safety, fire, explosion in apartment buildings; trading combustible materials or engaging in lines of business that threaten lives, property of apartment building occupants in accordance with fire safety laws and other relevant law provisions;
+ Engaging in discotheque, karaoke, bar business; engaging in repair of motorized vehicles; engaging in other contaminating lines of business in accordance with environmental protection laws; engaging in restaurant business without complying with fire safety requirements, without preparing means of egress, or without complying with other business conditions as per the law.
- Using single-family houses for trading combustible materials, providing services that cause environmental pollution, noise pollution, affect social order, safety, activities of residential area without complying regulations on business conditions.
What are the prohibited acts under the Law on Housing 2023 in Vietnam? When does the Law on Housing 2023 come into force?
What are the means of housing development in Vietnam?
Pursuant to Article 30 of the Law on Housing 2023 as follows:
Means of housing development
1. Housing development in housing investment and development projects including:
a) Investment and construction projects for 1 single-family house or 1 housing complex;
b) Investment and construction projects for 1 mixed-use house or 1 mixed-use housing complex;
c) Investment and construction projects for housing to synchronize housing construction with construction of technical infrastructures, social infrastructures, and other structures serving residential purposes;
d) Investment and construction projects for infrastructures of housing complex for transferring land use right to individuals for house construction;
dd) Investment and construction projects of urban areas with houses;
e) Multi-purpose land use projects reserving project land for house construction.
2. Housing development individuals in accordance with Section 5 of this Chapter.
Accordingly, there are two forms of housing development: housing development in housing investment and development projects and housing development individuals.
Vietnam: When does the Law on Housing 2023 come into force?
Pursuant to Article 197 of the Law on Housing 2023, the Law on Housing 2023 comes into force from January 1, 2025.
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