Provisions on land for the development of social housing in Vietnam

Provisions on land for the development of social housing in Vietnam​ (Image from Internet)

1. Provisions on land for the development of social housing in Vietnam​

The regulations on land for social housing development in Vietnam according to Article 83 of the Housing Law 2023 are as follows:

- Provincial People's Committees must allocate sufficient land funds dedicated to developing social housing in line with provincial housing development programs and plans that have been approved, including: land funds for independent social housing development; land funds for constructing social housing within the scope of commercial housing construction projects as stipulated in clauses 2 and 3, Article 83 of the Housing Law 2023.

For rural areas, the provincial People's Committees base allocation on local conditions to allocate land funds dedicated to social housing development.

- In special-grade, grade I, grade II, and grade III urban areas, based on the regulations of the Government of Vietnam, the provincial People's Committees make decisions regarding whether the investor in commercial housing construction projects must allocate a portion of the homestead land area in projects that have completed technical infrastructure investment to build social housing, or allocate social housing land funds with invested infrastructure systems to another location outside the scope of the commercial housing construction project in that urban area, or pay an equivalent sum equivalent to the lot's land value has invested in constructing the technical infrastructure system for social housing development.

- For urban areas not falling under the circumstances stipulated in clause 2 of Article 83 of the Housing Law 2023, the provincial People's Committees base on local conditions to set criteria for commercial housing construction investment projects wherein the investor must allocate a portion of the homestead land area within projects that have completed the technical infrastructure investment for building social housing or allocate the social housing land fund with the infrastructure system developed at a different location outside the developer's commercial housing construction project or pay an equivalent to the value of the land that has invested in the technical infrastructure system for social housing development.

- The land fund allocated for social housing development stipulated in clause 1 of Article 83 of the Housing Law 2023 must be allocated following the demands identified in the provincially approved housing development program and plan, ensuring connection with the area's technical and social infrastructure and suitable to the living and working needs of beneficiaries of social housing policies defined in the Housing Law 2023.

The provincial People's Committees are responsible for investing in constructing the technical infrastructure system outside the social housing construction project.

- Based on the demand for social housing construction identified in the provincial housing development program and plan, during the preparation of the local budget estimates, the provincial People's Committee is responsible for reporting to the People's Council at the same level regarding allocating the budget for investing in social housing construction projects in the locality, conducting compensation, support, resettlement, technical infrastructure investment outside social housing construction projects, linking the technical infrastructure system of social housing investment projects with the infrastructure system outside social housing construction projects, ensuring synchronous social infrastructure within and outside the project scope.

- Land for social housing development under a project includes:

+ Land assigned by the state for building homes for sale, lease-purchase, and lease;

+ Land leased by the state for building rental housing;

+ Homestead land area dedicated to constructing social housing stipulated in clauses 2 and 3, Article 83 of the Housing Law 2023;

+ Land from enterprises, cooperatives, and cooperative unions implementing social housing construction projects under the provisions of point c, clause 4, Article 84 of the Housing Law 2023.

- Individuals may use land use rights under the provisions of clause 3, Article 54 of the Housing Law 2023 to build social housing.

2. Regulations on types of social housing and area standards in Vietnam

According to clause 1, Article 82 of the Housing Law 2023, the types of social housing and area standards in Vietnam are defined as follows:

- Social housing is apartment buildings, invested and built per project and conforming to the approved detailed construction plan. In cases where social housing construction projects are developed in communes of ethnic minority and mountainous regions, according to the Government of Vietnam's regulations, individual housing can be built;

- In cases where social housing is an apartment building, the apartment must be designed and constructed per the national technical standards for condominiums and social housing area standards;

- In cases where social housing is individual housing, it must be designed and constructed under construction law and social housing area standards;

- If an individual builds social housing as stipulated in clause 6, Article 80 of the Housing Law 2023, they may build multi-story, multi-apartment residential buildings or individual homes according to the provisions of the Housing Law 2023.

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