Conditions for issuing LURC for mini apartments as of January 1, 2025 in Vietnam

Conditions for issuing LURC for mini apartments as of January 1, 2025 in Vietnam (Internet image) 

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

1. Conditions for issuing LURC for mini apartments as of January 1, 2025 in Vietnam

According to Article 57 of the Law on Housing 2023, holders of residential land use right hereof 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.

Holders of land use right, 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.

Mini apartments shall be issued with certificate according to land laws, sold, lease-purchased, leased in accordance with this Law and real estate trading laws.

2. Responsibilities of individuals in housing development in Vietnam

Pursuant to Article 56 of the Law on Housing 2023, responsibilities of individuals in housing development include:

- 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 57of the Law on Housing 2023.

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

3. What are means of private housing development in Vietnam?

According to Article 55 of the Law on Housing 2023, regulations on means of private housing development are as follows:

(1) Individuals in rural areas:

- Building or hiring other organizations, individuals to build or receiving assistance from other organizations and individuals in building houses;

- Hiring entities, individuals capable in construction to build houses if construction laws require capable entities, individuals to carry out construction work;

- Cooperating and assisting each other in building houses.

(2) Individuals in urban areas:

- Cooperating in renovating and improving urban areas including houses or renovating and reconstructing apartment buildings in accordance with this Law;

- Cooperating and assisting one another in building houses by contributing land use right, capital, workforce, materials, and effort of members in cooperatives.

Members in cooperatives shall negotiate means of contributing land use right, capital, workforce, materials, efforts, time, rights and obligations of members, and commitment of the cooperatives.

Nguyen Ngoc Que Anh

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