Regulations on the use of land for building apartment complexes in Vietnam

Regulations on the use of land for building apartment complexes in Vietnam (Image from Internet)

Regulations on the use of land for building apartment complexes in Vietnam

(1) According to Article 92 of Decree 102/2024/ND-CP, land for building apartment complexes includes homestead land for constructing apartment buildings, apartment buildings with mixed purposes for living and office space, commercial and service establishments (hereinafter collectively referred to as apartment buildings), the construction of facilities that directly serve the lives of residents in the apartment complex, and land for constructing community facilities according to construction plans approved by the competent authority.

(2) Investors in apartment complex construction projects, apartment buildings are allocated, leased land, and issued a Certificate for the project areas as follows:

- For the land area used to construct apartment buildings and infrastructure works utilized by the investor for business according to the investment project and detailed construction plans approved by the competent state authority, the State allocates, leases the land, the investor fulfills financial obligations, and is issued a Certificate in accordance with the law.

In the case of apartment buildings with mixed purposes, where part of the apartment building floor area is used as office space, commercial, and service establishments, the main use purpose of the land area for constructing the apartment building is defined as homestead land.

- For the land area used for roads, other infrastructure works serving the residents inside and outside the apartment complex, where the investor does not utilize them for service business according to the investment project, the State allocates, leases the land to the investor for managing, constructing the work without having to pay land levy, land rent; the Certificate is not issued; and the land area must be handed over to the local authority for management after the construction is completed according to the investment project, detailed construction plans, and the land allocation or lease decision of the competent state authority.

(3) Land use rights and the issuance of Certificates in projects constructing apartment complexes, apartment buildings for sale or sale combined with lease are implemented as follows:

- The land area under the common use of apartment owners, office users, commercial, and service establishments in the apartment building (hereinafter collectively referred to as apartments) includes the land area used for constructing the apartment building block, yards, planting flowers, greenery around the building, and land used for infrastructure works outside the apartment building but directly serving the apartment building, which the investor hands over to the apartment owners for self-management and use in accordance with the investment project. The investor is responsible for clearly determining the location, boundaries, and area of the land under common use in the investment project, detailed construction planning, and floor plan design for submission to the competent authority for approval; in the house sales contracts and the as-built drawings of the works for the issuance of Certificates to the buyers;(*)

- The land use rights at item (*) are for common use; the use and disposal of these land use rights are decided by those with common land use rights by majority and must serve the common interest of the community, in accordance with the law;

- Apartment owners are issued Certificates for the apartment area, common use land area at item (*) with a long-term stable use period;

- When issuing Certificates to apartment buyers, the Certificate previously issued to the investor at item (2) must be amended to reflect the change to common land use for the land area at item (*).

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