Vietnam: Official housing development means and plan from January 01, 2025

The content of this article presents the forms and development plans for official housing from January 01, 2025, according to Vietnam's current legal regulations.

Form  and  Plan  for  the  Development  of  Official  Residences  from  January  1,  2025

Official housing development means and plan from January 01, 2025 (Image from Internet)

On November 27, 2023, the National Assembly of Vietnam approved the Housing Law 2023.

Official housing development means and plan from January 01, 2025​

According to Article 41 of the Housing Law 2023 of Vietnam,  official housing development means and plan are prescribed as follows:

- The government shall invest using budget, including central government budget and local government budget in construction of official housing and purchase, leasing of commercial housing property as official housing.

- Central authorities shall verify official housing demand and details under Points a, b, and c Clause 5 Article 41 of the Housing Law 2023 of their agencies or fields and send to the Ministry of Construction for appraisal, development, and submission of 5-year official housing development plans of central authorities to the Prime Minister for approval except for Clause 3 Article 41 of the Housing Law 2023.

- The Ministry of National Defense and Ministry of Public Security shall take charge and cooperate with the Ministry of Construction in developing 5-year official housing development plan for entities within people's armed forces in accordance with the Housing Law 2023 and submitting to the Prime Minister.

- Provincial People’s Committees shall produce and approve official housing development under Clause 5 Article 41 of the Housing Law 2023 for entities eligible for renting local official housing in provincial housing development plans under the Housing Law 2023.

- Primary contents of official housing development plans under Article 41 of the Housing Law 2023 include:

+ Quantity and position of entities eligible for renting official housing in accordance with the Housing Law 2023;

+ Land area demand for official housing construction;

+ Type and quantity of each housing type, total floor area requiring construction or purchase, renting from commercial housing property as official housing during plan duration;

+ Expected capital for investment and construction of official housing, purchase, renting of commercial housing properties as official housing in 5 years;

+ Responsibilities of presiding entities, relevant ministries, central departments, and local governments.

Currently, according to Article 27 of the Housing Law 2014 of Vietnam, official residences and plans for official residence development are prescribed as follows:

- The State shall allocate the budget, including central budget and local budget to build official residences or to buy or rent commercial housing for official residences. The official residences include central official residences and local official residences.

- The official residences constructed or originated from commercial housing must conform to the plans for official residence development prescribed in Clause 3 Article 27 of the Housing Law 2014; ensuring the official residence users the safety condition of work and convenience of living and traveling.

- Plans for official residence development shall follow procedures below:

+ The central agencies shall determine their demands for official residences, then send them to the Ministry of Construction for assessment and formulate the plans for official residence development of the central agencies, then request the Prime Minister for approval, except for cases prescribed in Point b Clause 3 Article 27 of the Housing Law 2014;

+ The Ministry of National Defense and/or the Ministry of Public Security shall determine the demands and formulate the plans for official residences of entities prescribed in Point d Clause 1 Article 32 of the Housing Law 2014, then request the Prime Minister for approval after receiving the suggestion of the Ministry of Construction.

+ The People’s Committee of the province shall make and approve the plans for official residence development in the plan for local housing development as prescribed in Article 15 of the Housing Law 2014;

+ The agencies making plans prescribed in Point a, b and c Clause 3 Article 27 of the Housing Law 2014 must clarify the demands for official residences including type of housing, floor area; location and area for housing construction, area of commercial housing used for official residences; capital resources and phasing of investment every year and every 5 years; determine responsibility of relevant agencies.

More details can be found in the Housing Law 2023 of Vietnam, effective from January 01, 2025.

The Housing Law 2014 expires from the effective date of the Housing Law 2023, except for cases detailed under Point b Clause 1, Points a, c, dd, e, and g Clause 2, Clause 3, Points a, b, c, d, dd, and e Clause 5 Article 198 of the Housing Law 2023.

To Quoc Trinh

 

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