Requirements for housing construction investment projects for People's Armed Forces in Vietnam from December 26, 2024

Requirements for housing construction investment projects for People's Armed Forces in Vietnam from December 26, 2024​ (Image from the internet)

On November 11, 2024, the Minister of National Defense of Vietnam issued Circular 94/2024/TT-BQP guiding the Housing Law in the Vietnam People’s Army.

Requirements for housing construction investment projects for People's Armed Forces in Vietnam from December 26, 2024

Circular 94/2024/TT-BQP applies to officers, professional soldiers, officials, defense workers, and public employees on active duty; people in cryptography and other positions in cryptographic organizations who receive salaries from the state budget and are under the management of the Minister of National Defense (hereinafter collectively referred to as officers and staff).

Organizations, units, organizations, and individuals involved in housing investment projects for the People's Armed Forces under the management scope of the Minister of National Defense.

Article 5 of Circular 94/2024/TT-BQP stipulates the requirements for housing investment projects for the People's Armed Forces under the management of the Minister of National Defense as follows:

- Investment housing projects for the People's Armed Forces under the management of the Minister of National Defense must meet the requirements stipulated in Article 33 of the Housing Law and ensure the security of State secrets in the field of national defense.

- The functional bodies of the Minister of National Defense, following the requests of the Minister of National Defense, shall preside and cooperate with related agencies, organizations, and individuals to implement procedures for land, investment, and housing construction for the People's Armed Forces under the management of the Minister of National Defense, ensuring suitability to the specific characteristics of the defense sector.

Requirements for housing investment projects under the Housing Law 2023 in Vietnam

Article 33 of the Housing Law 2023 stipulates the requirements for housing investment projects as follows:

(1) Housing investment projects stipulated in Clause 1, Article 30 of the Housing Law 2023 must ensure the following general requirements:

- Align with the provincial housing development program and plan that has been approved, comply with the content of the approved or accepted investment policy, and meet the requirements stipulated in Article 5 of the Housing Law 2023; implement according to the approved detailed planning;

- Division of the project into subprojects (if any) and investment staging must be specified within the investment policy, investment construction feasibility study report, investment construction decision according to the regulations of the law on investment, public investment law, and construction law;

- The housing investment project and areas within the project must be named in Vietnamese; for social housing investment projects, housing for the People's Armed Forces, and housing serving relocation, the project investors must name them in Vietnamese; if the project investor of commercial housing investment projects wishes to use a foreign language name, they must write the full name in Vietnamese first, followed by the foreign language name. The project name and area names in the project must be specified in the approved investment policy or project content, to be used throughout the investment construction and management, usage after construction completion;

- The fully approved project content must be implemented by the housing investment project investor; if there is an adjustment to the project content that requires an adjustment to the investment policy, the project investor must follow the procedures required by law before making any changes;

- The acceptance and handing over of housing, technical infrastructure works, social infrastructure work according to the project must comply with the provisions of the Housing Law 2023, laws on construction, and other relevant laws; ensure quality, safety in construction, operation, exploitation, use of the works, fire prevention, and environmental protection. In areas affected by climate change, the requirements for disaster prevention and response to climate change according to law must also be met;

- Housing investment projects applying energy-saving technologies, resource-efficient buildings, green or smart urban areas must meet the requirements, technical standards, and regulations according to the law; concerning apartment buildings, there must be design and installation of telecommunications and information infrastructure systems as required by law.

(2) Mixed-use housing investment projects stipulated in Point b, Clause 1, Article 30 of the Housing Law 2023 must comply with the requirements in paragraph (1) and the following additional requirements:

- The purposes of residence and use for office or commerce, services, and other purposes must be specified in the decided or approved investment policy;

- The approved project content must specify whether the functional areas are separate or not; if separable, it must ensure separate design, construction, and management, and operation requirements after being put into use;

- Must ensure the synchronization of technical infrastructure and social infrastructure systems inside and outside the project area.

(3) Housing investment projects stipulated in Points c, d, dd, and e, Clause 1, Article 30 of the Housing Law 2023 must comply with the requirements stipulated in Clause 1 of this Article and the following additional requirements:

- There must be a complete system of technical infrastructure, social infrastructure that meets the planning criteria according to planning laws and ensures connectivity with the general technical infrastructure system of the area;

- The investment project policy must identify the responsibility for investment, construction, management, and post-construction use of technical infrastructure and social infrastructure works of the project according to the regulations of investment law, public investment law, and construction law;

- In cases where the transfer of land use rights for individuals to build housing by themselves is allowed according to the Housing Law 2023 and other relevant laws, the approved project content must clearly define the area, location to build housing and the area, location where land use rights can be transferred.

(4) In addition to the requirements stated in paragraphs (1), (2), and (3), housing investment projects must meet additional corresponding requirements for each type of housing investment project stipulated in Articles 49, 53, 60, 81, 95, and 105 of the Housing Law 2023 and other relevant laws.

(5) The list of housing investment projects being implemented within the province and centrally controlled cities must be publicly available on the electronic information portal of the provincial People's Committee and the provincial housing management agency.

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