Is it possible to open an office in an apartment in Vietnam? What is determination of costs for maintaining common areas of an apartment building in Vietnam?

Is it possible to open an office in an apartment in Vietnam?

I'm in Hanoi and have a question: Can I open an office in my own apartment?

Reply:

Pursuant to Article 6 of the 2014 Housing Law, it is stipulated:

11. Using the apartments not for residential purposes; using the area for business purposes in the apartment building under approved project for trading flammable materials, explosives, providing services causing environmental pollution, noise or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of the Government.

Thus, it can be seen that with the above regulations in Vietnam, opening an office in an apartment is illegal. If you intentionally violate it, you may be subject to administrative sanctions.

Is it possible to open an office in an apartment in Vietnam? What is determination of costs for maintaining common areas of an apartment building in Vietnam? (Image from the Internet)

What is determination of costs for maintaining common areas of an apartment building in Vietnam?

I know that according to current legal regulations, apartment owners will have to pay 2% of the apartment value to use for apartment maintenance purposes. So please ask: What is determination of costs for maintaining common areas of an apartment building in Vietnam?

Reply:

According to the provisions of Point b, Clause 1, Article 108 of the 2014 Housing Law, it is stipulated:

1. Funding for maintenance of common areas in the multi-owner building shall comply with regulations below:

a) Regarding apartments or other areas in the apartment building which are sold, or leased and sold by the investor, the investor must pay 2% of value of the apartments or other areas; this amount of money shall be included in the selling price or lease purchase price paid by the buyer or lessee when transfer the apartments or other area, which is stated in the agreement;

b) Regarding apartments or other areas in the apartment building which are not sold, or lease and sold by the investor or have been not sold, or leased and sold up to the date on which the apartment building is put into operation, except for the common areas, the investor must paid 2% of value of the remaining apartments or areas; this value shall be determined according to the highest selling price of apartments in the apartment building.
...

Thus, for the area that the investor does not sell but the investor retains to use for purposes such as renting that area as a commercial center or other purposes, the investor must pay 2% of the apartment value for the retained area in Vietnam (the value of the apartment is determined by the highest selling price of the apartment building).

Can a contract to buy an apartment that has not yet been completed be transferred in Vietnam?

I ordered 01 apartment at 01 luxury apartment construction project that is under construction. I paid 100% of the house purchase amount in one go. Can I now transfer the above apartment without a certificate?

Reply:

According to the content you provided, it can be seen that this is a civil relationship with the object being a house to be formed in the future. Therefore, we will provide advice around this subject.

Pursuant to Clause 19, Article 3 of the 2014 Housing Law, regulations on housing formed in the future are as follows:

19. Off-the-plan house means any house which is under construction and has not been permitted to put into operation.

At the same time, based on Article 59 of the 2014 Real Estate Business Law, regulations on transfer of off-the-plan building sale or lease purchase agreement are as follows:

1. The buyer or the lessee may transfer the off-the-plan building sale or lease purchase agreement if the application for the Certificate of land, ownership of land and property on land granted to the buyer or the lessee has been not sent to competent agencies. The transfer of off-the-plan building sale or lease purchase agreement must be made in writing and certified by the investor.

2. The agreement transferee may retain rights and obligations of the buyer or the lessee. The investor must enable contracting parties to transfer the agreement and collect no remuneration related to the agreement transfer.

3. The last agreement transferee shall be granted the Certificate of rights to use land, ownership of land property on land as prescribed in law on land.

4. The agreement transfer prescribed in this Article shall not apply to social house sale or lease purchase agreements.

5. The Government shall providing guidance on this Article.

Thus, when you have not yet submitted an application for a certificate of housing ownership, you can transfer the apartment purchase and sale contract above in Vietnam.

Best regards!