Instructions for handover of houses and other structures putting into use in Vietnam from January 8, 2024

Instructions for handover of houses and other structures putting into use in Vietnam from January 8, 2024 (Internet image)

On July 25, 2024, the Government issued Decree 98/2024/ND-CP providing guidelines for the Housing Law 2023 on renovating and reconstructing apartment buildings.

1. Instructions for handover of houses and other structures putting into use in Vietnam from January 8, 2024

According to Article 22 of Decree 98/2024/ND-CP, the handover of houses and other structures putting into use in Vietnam is as follows:

- The handover of houses after completing the reconstruction in the project of renovating and reconstructing apartment buildings is prioritized for the owners, users of the previously resettled apartments.

- For apartment buildings, the handover is carried out after completing the collection of the houses according to construction law provisions and after testing the technical infrastructure works of the area housing according to the project acceptance progress stated in the project's investment acceptance.

If the project of renovating and reconstructing apartment buildings includes social infrastructure services, such infrastructure must be completed and tested according to the accepted timeline before handing over the apartment.

Before handing over the apartment, the investor must prepare a handover record for the apartment according to housing laws.

- Owners of apartment buildings, including public asset owners, and users of apartment buildings are responsible for receiving resettled houses once the handover conditions are met and ensuring maintenance fees for shared usages and management experience as stipulated by housing laws.

If the resettled apartment is not accepted at the handover time without justifiable reasons agreed upon by the parties, the investor is entitled to offer monetary compensation to the resettled person as per the approved compensation and resettlement policy, and the investor may sell the apartment at commercial market prices to other owners.

- For individual houses and other non-apartment construction tools in the project of renovating and reconstructing apartment buildings, the handover will primarily be carried out for the owner or user of the apartment according to the approved compensation, resettlement scheme and regulations of construction and housing laws.

2. Stages of implementing and completing the renovation and reconstruction of apartment projects in Vietnam from August 1, 2024

The stages of implementing and completing the renovation and reconstruction of apartment projects are provided in Article 21 of Decree 98/2024/ND-CP:

- Project implementation includes jobs: setting up, verifying, approving construction designs, issuing construction permits, construction execution, operating construction works, and completing construction tests according to construction law requirements and meeting the design requirements attached to telecommunications, information infrastructure according to telecommunications laws.

- The investor in the renovation and reconstruction of apartments conducts business with housing products, commercial works, and other services within the project scope per Decree 98/2024/ND-CP.

- After completing the construction in the renovation and reconstruction of apartment projects, as per construction law, the investor must proceed with continuous procedures to complete the project construction such as:

+ Decision on the final settlement of the construction;

+ Completion project decision;

+ Confirmation of project completion process;

+ Warranty for construction works and implementing house handover, linking diagrams as per construction, housing, and related laws.

- The investor is responsible for carrying out the procedures for issuing certificates of land use rights, ownership of assets linked to land for apartment owners per land laws, unless the owners do the procedures themselves.

Refer to Decree 98/2024/ND-CP, which comes into force in Vietnam from August 1, 2024.

Decree 69/2021/ND-CP on renovating and reconstructing apartment buildings in Vietnam ceases to be effective from the date Decree 98/2024/ND-CP is effective.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE