The Government to agree on formulating a Resolution on the pilot implementation of commercial housing projects in Vietnam

The Government to agree on formulating a Resolution on the pilot implementation of commercial housing projects in Vietnam (Internet image)

On May 27, 2024, the Government issued Resolution 80/NQ-CP on the Proposal to formulate a Resolution of the National Assembly on the pilot implementation of commercial housing projects through agreements on land use rights or existing land use rights that are not for residential purposes.

The Government to agree on formulating a Resolution on the pilot implementation of commercial housing projects in Vietnam 

The Government approves the Proposal to develop a Resolution of the National Assembly on the pilot implementation of commercial housing projects through agreements on land use rights or existing land use rights that are not for residential purposes, as proposed by the Ministry of Natural Resources and Environment in Description No. 43/TTr-BTNMT dated April 22, 2024, Report No. 117/BC-BTNMT dated May 23, 2024, and Official Dispatch No. 3345/BTNMT-QHPTTND dated May 27, 2024, along with related documents.

The Minister of Justice, authorized by the Prime Minister, on behalf of the Government, signs the Dispatch of the Government reporting to the Standing Committee of the National Assembly on the proposal to supplement the Resolution of the National Assembly on the pilot implementation of commercial housing projects through agreements on land use rights or existing land use rights that are not for residential purposes, to submit to the National Assembly for decision-making on the construction and issuance of the Resolution at the 7th session of the 15th National Assembly (May 2024) according to the process of consideration and approval in a single session.

Regulations on execution of commercial housing property investment and construction projects in Vietnam

- Execution of commercial housing property investment and construction projects shall conform to this Law, construction laws, and other relevant law provisions.

- Developers of housing investment and construction projects shall build houses and technical infrastructures, social infrastructures according to planning and details, progress of approved projects; or carry out construction work corresponding ton approved investment phase if projects involve multiple investment phases.

- In regard to technical infrastructures and social infrastructures to be transferred to the government or local authority for management in accordance with approved investment guidelines and/or project details, the transfer shall be implemented as soon as construction process is completed; agencies and organizations receiving the transfer are responsible for managing, maintaining, operating, and using in accordance with approved purpose and functionality. In regard to technical infrastructures and social infrastructures invested by the Government, organizations assigned to carry out investment and construction of technical infrastructures and social infrastructures shall conform to approved project schedule.

- The hand-over of houses to buyers, buyer/tenant shall only be done when house commissioning in accordance with approved design and technical infrastructure commissioning of the area have been carried out in accordance with approved project schedule. If developers of housing investment and construction projects are required to build social infrastructures to serve accommodation demands according to investment guidelines, they shall complete construction process and carry out commissioning in accordance with approved schedule prior to handing over the houses. In case of hand-over of partially constructed houses, the entire exterior of these houses shall be completed.

In case of hand-over of apartment buildings, project developers shall obtain adequate documents on property handover according to regulations of the Government.

- Commissioning of houses, technical infrastructures, and social infrastructures in projects shall conform to construction laws.

(Article 37 of the Law on Housing 2023, effective January 1, 2025)

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