Latest requirements pertaining to housing development in Vietnam

Requirements pertaining to residential construction projects in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Requirements pertaining to residential construction projects in Vietnam

Requirements pertaining to residential construction projects according to Article 19 of the Law on Housing 2014 are as follows:

- Residential construction projects prescribed Clause 2 Article 17 of the Law on Housing 2014 shall comply with regulations of the Law on Housing 2014.

- A residential construction project may only be formulated, approved and implemented in the area which has the specific plan approved by the competent agency and comply with requirements prescribed in Article 14 of the Law on Housing 2014.

- The residential construction project and areas in the project must be named in Vietnamese; in case the investor in a commercial housing project wishes to have the project named in a foreign language, the full Vietnamese name shall be written first, then the foreign name.

The names of the project and areas in the project must be permitted by the competent agency and they shall be used throughout the period of construction and operation.

- The investor in the residential construction project must completely finish the approved project; in case the investor wishes to adjust the content of the project including name, schedule, types of housing, total floor area, total number of housing, rate of types of housing, and total investment regarding the project invested by state capital, that adjustments must be decided by the competent agency as prescribed in Article 170 of the Law on Housing 2014 before the construction is commenced.

- The People’s Committee of the province must determine the list of residential construction projects in the administrative divisions including projects on construction of commercial housing, social housing, official residence, housing serving the relocation, then announce it on the website of them as follows:

= Number of projects; total number of housing and total floor area of housing which is constructed annually in the residential construction projects in the province;

= Essential contents of every residential construction project in the administrative divisions includes names, locations, scale, specific plans, schedule, types of housing, investment objectives, total floor area, total number of housing, forms of housing business and other related content prescribed in law on real estate trading;

= The information about the projects prescribed in Point a and b of this Clause 5 of Article 19 of the Law on Housing 2014 must be disclosed over the progress of the projects.

2. Types of housing development and project-based housing construction in Vietnam

Types of housing development and project-based housing construction according to Article 18 of the Law on Housing 2014 are as follows:

- Types of housing development include:

= Commercial housing development;

= Social housing development;

= Official residence development;

= Housing serving the relocation development;

= Housing of household or individual development.

- Types of project-based housing construction include:

= Development of housing invested by real estate enterprises for lease, lease purchase, or sale;

= Renovation and reconstruction of old housing areas and/or apartment buildings;

= Development of housing serving the relocation;

= Development of state-owned housing.

3. Requirements pertaining to housing development in Vietnam

Requirements pertaining to housing development according to Article 14 of the Law on Housing 2014 are as follows:

- Conform to housing demands of multiple entities and socio-economic conditions of the country, each local government, each area or region in every period.

- Conform to Strategy for national housing development, construction planning, land-use planning and local housing development planning in every period.

- Comply with regulations of law on housing; standards and quality of construction; conform to requirements pertaining to prevention of fire and explosion and response; satisfy requirements regarding architecture, landscape, hygiene, environment and safety during the construction progress and response to disaster and climate changes; save energy and land resources.

- With respect to urban areas, the housing development shall conform to specific construction planning and the project. The residential construction project must satisfy requirements prescribed in Clause 1, 2 and 3 of Article 14 of the Law on Housing 2014 to ensure the allocation of population and gentrification. In special class, class 1, and class 2 urban areas, it is essential to develop apartment buildings and housing for lease.

- With respect to rural, mountainous, border, or island areas, the housing development shall conform to rural population planning, new countryside planning, custom of every ethnic group, natural conditions of every region; in order to eliminate gradually shifting cultivation, nomadic, ensuring sustainable rural development; encourage housing development projects, multi-storey housing.

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