Housing Law 2023: Mini apartments in Vietnam will be eligible to be issued an apartment ownership certificate as of January 1, 2025

Regarding this matter, LawNet would like to answer as follows:

1. Mini apartments in Vietnam will be eligible to be issued an apartment ownership certificate, sold, and leased

On November 27, 2023, the National Assembly passed the Housing Law 2023. Article 57 of the Housing Law 2023 regulates the private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease as follows:

- Holders of land use rights in accordance with Clause 3 Article 54 of the Housing Law 2023 shall, when building houses in the cases below, 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 under Clause 1 of Article 57 of the Housing Law 2023 shall be issued with certificates according to land laws, sold, lease-purchased, or leased in accordance with the Housing Law 2023 and real estate trading laws.

Thus, the Housing Law 2023 stipulates that multi-storey, multi-unit apartment building of individuals that meet the conditions in Clause 1, Article 57 of the Housing Law 2023 shall be issued with certificates according to land laws, sold, lease-purchased, or leased according to the law. This is a legal basis to recognize right to ownership of each mini apartment.

2. Conditions for  sale, lease purchase, and lease of mini apartments in Vietnam

According to Article 57 of the Housing Law 2023, it is stipulated that multi-storey multi-apartment houses of individuals for sale, lease-purchase, or lease must meet the following conditions:

- Holders of residential land use rights, when 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, or houses of at least 2 storeys and at least 20 dwelling units for lease, must meet the following conditions:

 + 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.

- Holders of residential land use rights shall, 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.

If private multi-storey and multi-unit houses under Clause 3 of Article 57 of the Housing Law 2023 accommodate dwelling units for sale and/or lease purchase, requirements under Clause 1 of Article 57 of the Housing Law 2023 shall be met.

3. Responsibilities of individuals in housing development in Vietnam

Article 56 of the Housing Law 2023 stipulates the responsibilities of individuals in housing development as follows:

- Comply with construction laws in housing construction and renovation.

- Comply with environmental protection laws in housing construction and renovation.

- Ensure safety for humans and property of owners, occupants of adjacent structures during housing construction and renovation; damage shall be compensated for as per the law.

- Individuals investing in construction of multi-storey, multi-unit apartment buildings for sale, lease purchase, leaser shall conform to Article 57 the Housing Law 2023.

- Exercise other responsibilities in housing development as per the law.

The Housing Law 2023 will officially takes effect on January 1, 2025.

Key word: Housing Law 2023 | housing development | in Vietnam | Vietnam | mini apartments |

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