Prohibited acts under the Law on Housing 2023 in Vietnam

Prohibited acts under the Law on Housing 2023 in Vietnam (Internet image) 

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

1. Prohibited acts under the Law on Housing 2023 in Vietnam

Prohibited acts under the Law on Housing 2023 in Vietnam include:

- Violating the right to property of organizations and individuals.

- Obstructing the performance of state management regarding houses, the exercising of rights and obligations regarding ownership, use, and transaction of houses of organizations and individuals.

- Deciding or approving investment guidelines or approving housing investment and construction projects that do not conform to land use planning, construction planning, urban planning, or approved housing development programs and plans.

- Building houses on land where housing investment and construction is not allowed in accordance with the Law on Housing 2023; building or renovating houses in a manner that does not conform to land use planning, construction planning, urban planning, design standards, area standards in respect of types of house stipulated by competent authority to be subject to design standards and area standards.

Applying the wrong formula for calculating useable area of houses under the Law on Housing 2023. Developing private multi-storey or multi-unit houses in a manner that contradicts this Law.

- Illegally expropriating house area; encroaching on space and area under joint ownership or ownership of other people in any shape or form; renovating, expanding, demolishing, reconstructing rented, lease-purchased, borrowed, lodged, or authorized houses without consent of owners.

- Signing capital mobilization documents or mobilizing capital for housing development without fulfilling conditions under this Law and other relevant law provisions; using mobilized capital or advance housing payment for the wrong purposes.

- Engaging in the sale, purchase, lease purchase, rent, accommodation rent, gift, transfer, mortgage, capital contribution, lease, lodging, authorization for house management in a manner that does not conform to the Law on Housing 2023 and other relevant law provisions; transferring houses to buyers, buyer/tenant without fulfilling condition under the Law on Housing 2023 and construction laws.

- Performing the following actions in apartment building management and use:

+ failing to incur maintenance fees for common property of apartment buildings (hereinafter referred to as “maintenance fees”); managing, using management, operation, or maintenance fees in a manner that violates housing laws;

+ intentionally causing damp; causing noise or vibration higher than the permissible value; disposing refuge, wastewater, emission, or toxic substances in a manner that violates environmental protection laws or apartment building management and use regulations; painting or decorating exterior of dwelling units or apartment buildings in a manner that violates design and architecture regulations; raising, herding livestock, poultry; slaughtering livestock within the vicinity of apartment buildings;

+ Intentionally changing occupancy, use purposes of common property of apartment buildings; using dwelling units for purposes other than residential; altering or damaging load-bearing elements; separating or splitting dwelling units without permission of competent authorities;

+ Intentionally using area and equipment under joint ownership for personal gain; altering purposes of service area in mixed-use apartment buildings without permission for repurposing of competent authorities;

+ Causing disorder, loss of safety, fire, explosion in apartment buildings; trading combustible materials or engaging in lines of business that threaten lives, property of apartment building occupants in accordance with fire safety laws and other relevant law provisions;

+ Engaging in discotheque, karaoke, bar business; engaging in repair of motorized vehicles; engaging in other contaminating lines of business in accordance with environmental protection laws; engaging in restaurant business without complying with fire safety requirements, without preparing means of egress, or without complying with other business conditions as per the law.

- Using single-family houses for trading combustible materials, providing services that cause environmental pollution, noise pollution, affect social order, safety, activities of residential area without complying regulations on business conditions.

(Article 3 of the Law on Housing 2023)

2. Housing development, management, and use policies under the Law on Housing 2023 in Vietnam

- The Government is responsible for implementing housing development policies, allowing everyone to afford accommodations by promoting diverse form of housing, including houses for sale, lease purchase, rent depending on demand and financial capability of individuals and families, subsidizing renovation and reconstruction of houses; the Government shall invest public investment in part or in whole (hereinafter referred to as “public investment”) in construction of social houses for lease and lease purchase.

- The Government is responsible for creating residential land fund by approving land use planning, land use plans, construction planning, urban planning, and functioning zone construction planning.

- The Government shall promulgate regulations and policies on planning, land, finance, credit, research, application of new science, technology, construction materials to encourage types of ownership to participate in housing development investment and encourage organizations and individuals to participate in housing development for sale, lease purchase, and lease in accordance with market mechanisms.

- The Government shall promulgate long-term incentive regulations and policies regarding finance, land, credit with preferential interests, other incentive financial regulations, and subsidy from state fundings in order to implement social housing, apartment building renovation and reconstruction policies.

- The Government shall develop policies incentivizing research and issuance of model design, type design of houses appropriate to area, zone, region; develop policies incentivizing development of energy-efficient housing.

- People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) shall be responsible for planning, allocating land area, investing in social housing construction in accordance with the Law on Housing 2023 and other relevant law provisions.

- The Government shall develop policies on housing management and use in order to ensure efficiency, safety, purposeful use and compliance with occupancy.

(Article 4 of the Law on Housing 2023)

The Law on Housing 2023 takes effect on January 1, 2025.

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