What are regulations on land used for official residence construction in Vietnam?

What are regulations on land used for official residence construction in Vietnam?

What are regulations on land used for official residence construction? Hello, I am Nguyen Binh, I am wishing to learn the provisions of law related to the ownership, development, management and use of housing; housing transactions; State management of housing in Vietnam. I have a question that I need you to help me answer. May I ask, what are regulations on land used for official residence construction? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!

Nguyen Binh (nguyenbinh*****@gmail.com)

Reply:

According to the provisions of Article 29 of the Law on Housing 2014, land used for official residence construction is specified as follows:

1. The area of land used for official residence construction shall be specifically determined in the construction planning approved by the competent agency as prescribed in Clause 1 Article 16 of this Law.

2. Regarding central official residences, the Ministry of Construction shall take charge and cooperate with the People’s Committee of the province in determination of area of land used for official residences in administrative divisions, except for cases prescribed in Clause 3 of this Article. The People’s Committee of the province shall allocate land plots for official residence construction at the request of the Ministry of Construction.

3. Regarding official residence allocated to entities prescribed in Point d Clause 1 Article 32 of this Law, the Ministry of National Defense and/or the Ministry of Public Security shall take charge and cooperate with the People’s Committee of the province in determination of area of land used for official residence construction.

4. Regarding local official residences, the People’s Committee of the province shall allocate land plots for official residence construction when filing and approving the planning prescribed in Clause 1 Article 16 of this Law.

5. The State shall not collect land levies on land plots used for official residence construction as prescribed this Article.

Above is the content of advice on land used for official residence construction in Vietnam. For more detailed information, you should refer to the Housing Law 2014.

What are procedures for selection of investor in official residence construction project decided by the Ministry of National Defense or the Ministry of Public Security in Vietnam?

The law stipulates that the investor must be selected for the construction project of official residences. So in case the investor of a project to build official residences is selected by the Minister of National Defense or the Minister of Public Security, what is procedure?

Reply:

According to current regulations, official residence is a house used for rent by subjects eligible to stay in official residences under the provisions of this Law during the period of holding a position or working.

Investment projects on construction of official residences including investment in new construction and purchase of commercial housing shall be formulated, appraised, approved and implemented in accordance with the provisions of the law on housing and the law on housing. 

Competent state agencies are responsible for deciding on the selection of investors in official housing construction projects in accordance with the law on housing.

According to the provisions of Point b, Clause 3, Article 28 of the Law on Housing 2014, the Minister of National Defense and the Minister of Public Security shall decide to select the investor of the Projects in which the investment is decided by the Ministry of National Defense and/or the Ministry of Public Security, after being discussed with the Ministry of Construction and approved by the Prime Minister leased out to entities who are officers or professional soldiers in People’s armed forces subject to job rotation as required by national defense and security, except for entities living in the barracks of the armed forces as prescribed in regulations of law.

According to the provisions of Clause 2, Article 22 of Decree 99/2015/ND-CP, procedures for selecting investment jars for construction projects of official residences shall be decided by the Minister of National Defense and the Minister of Public Security. Investment decisions are specified as follows:

2. The Ministry of National Defense and the Ministry of Public Security shall decide investors in projects for construction of official residences to be rented by the entities mentioned in Point d Clause 1 Article 32 of the Law on Housing subject to approval by the Ministry of National Defense or the Ministry of Public Security respectively.

Within 30 days from the receipt of the investor’s application, the Minister of National Defense or the Minister of Public Security shall issue a decision on investor selection.

Above is our consulting opinion on the issue you are wondering in Vietnam.

Are there land levies on land plots used for official residence construction in Vietnam? 

Please ask, my locality is implementing the construction of official residences, the land area of ​​​​use is 300m2. So, are there land levies on land plots used for official residence construction? And for local construction, which agency arranges construction?

Reply:

Pursuant to Clauses 4 and 5, Article 29 of the Law on Housing 2014 stipulates that land for construction of official residences is as follows:

4. Regarding local official residences, the People’s Committee of the province shall allocate land plots for official residence construction when filing and approving the planning prescribed in Clause 1 Article 16 of this Law.

5. The State shall not collect land levies on land plots used for official residence construction as prescribed this Article.

Thus, according to the above regulations in Vietnam, when building in the locality, the provincial People's Committee is responsible for allocating the land area for construction of official residences and the State will not collect land use levy for the land plots used for official residence construction in this case.

Best regards!