Guidelines for the private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease in Vietnam in 2024

Guidelines for the private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease in Vietnam in 2024 (Internet image)

On November 27, 2023, the National Assembly promulgated the Housing Law 2023.

Regulations on construction of multi-storey, multi-unit apartment building in Vietnam

Article 41 of Decree 95/2024/ND-CP stipulates regulations on the construction of multi-storey, multi-unit apartment building in Vietnam as follows:

- multi-storey, multi-unit apartment building is a type of housing with 02 or more stories, designed and constructed for the purpose of selling, leasing purchase, or combining selling, leasing purchase, renting, or solely renting out individual apartments.

- The construction of multi-storey, multi-unit apartment building as stipulated in Clause 1, Article 41 of Decree 95/2024/ND-CP is carried out as follows:

+ In the case of constructing multi-storey, multi-unit apartment building for renting, for sale, or a combination of sale, leasing, and leasing purchase, or if the scale is 20 or more apartments for renting, investment procedures for housing construction projects must be implemented in accordance with laws on investment, housing, construction, and relevant legislation;

+ In the case of constructing multi-storey, multi-unit apartment building with a scale of fewer than 20 apartments for renting, the construction must comply with regulations on individual housing construction, including requirements for design, design verification, construction permit issuance, construction supervision, and fire safety requirements according to the law.

- The management and operation of multi-storey, multi-unit apartment building are carried out according to the Condominium Management and Use Regulations issued by the Minister of Construction.

Guidelines for the private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease in Vietnam in 2024

Article 57 of the Housing Law 2023 stipulates the private multi-storey, multi-unit apartment building development for sale, lease purchase, and lease in Vietnam as follows:

- Individuals with the right to use homestead land as stipulated in Clause 3, Article 54 of the Housing Law 2023 who construct housing in the following cases must satisfy the conditions for being the investor of a housing construction investment project. The construction investment is carried out according to the law on construction and other relevant laws regarding housing construction investment projects:

+ Housing with 02 or more stories, where each floor is designed, constructed to sell, lease purchase, combine selling, lease purchase, or solely rent apartments;

+ Housing with 02 or more stories and a scale of 20 or more apartments for renting.

- Apartments stipulated in Clause 1, Article 57 of the Housing Law 2023 are granted Certificates according to land law provisions, and can be sold, leased purchase, or rented according to the Housing Law 2023 and real estate business law.

- Individuals with the right to use homestead land as stipulated in Clause 3, Article 54 of the Housing Law 2023 who construct housing with 02 or more stories and fewer than 20 apartments with a design for renting must comply with the following regulations:

+ Meet the requirements for constructing multi-storey, multi-unit apartment building for individuals stipulated by the Minister of Construction;

+ Meet fire safety requirements according to fire safety laws for multi-storey, multi-unit apartment building for individuals;

+ Meet conditions set by provincial People's Committees for access roads to allow fire-fighting vehicles to perform fire-fighting tasks where multi-storey, multi-unit apartment building for individuals is located.

- In cases where multi-storey, multi-unit apartment building for individuals stipulated in Clause 3, Article 57 of the Housing Law 2023 has apartments for sale or lease purchase, they must meet the conditions stipulated in Clause 1, Article 57 of the Housing Law 2023.

- The management and operation of housing stipulated in Clauses 1 and 3, Article 57 of the Housing Law 2023 are carried out according to the Condominium Management and Use Regulations issued by the Minister of Construction (hereinafter referred to as the Condominium Management and Use Regulations).

- The People's Committees at all levels, within the scope of their tasks and powers, are responsible for inspecting and supervising the compliance with the conditions stipulated in Clauses 1 and 3, Article 57 of the Housing Law 2023.

More details can be found in Housing Law 2023 which comes into force in Vietnam from August 1, 2024.

The Housing Law 2014 ceased to be effective from the date Housing Law 2023 takes effect, except in cases stipulated in Clause 1(b), Clauses 2(a), 2(c), 2(d), 2(e), 2(g), Clause 3, Clauses 5(a), 5(b), 5(c), 5(d), 5(e), and 5(f) of Article 198 Housing Law 2023.

State-owned housing stipulated in regulatory documents on housing issued before the effective date of the Housing Law 2023 is considered public property.

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