Rights and responsibilities of project developers of apartment renovation and reconstruction projects in Vietnam

Rights and responsibilities of project developers of apartment renovation and reconstruction projects in Vietnam (Internet image)

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

1. Who is project developer of apartment renovation and reconstruction project?

According to Clause 5, Article 3 of Decree 69/2021/ND-CP, project developer of apartment renovation and reconstruction project refers to a real estate enterprise selected by methods under Article 14 and Article 15 of Decree 69/2021/ND-CP or an organization assigned by the Government according to Article 16 of Decree 69/2021/ND-CP of the Government to implement the project.

2. Rights and responsibilities of project developers of apartment renovation and reconstruction projects in Vietnam

2.1. Rights of project developers of apartment renovation and reconstruction projects in Vietnam

Specifically, in Clauses 1 and 2, Article 18 of Decree 69/2021/ND-CP stipulating the rights of investors in apartment building renovation and reconstruction projects as follows:

(1) For cases under Article 14 and Article 15 of Decree 69/2021/ND-CP, project developers have the rights to:

- Request relevant agencies and organizations to adopt procedures for implementing projects as per the law;

- Lease, lease purchase, sell houses and commercial service constructions (if any) within the project scope; mobilize funding sources for investment in construction of houses and other constructions in the projects according to regulations and law on housing and immovable asset sale;

- Manage and operate technical infrastructure system within the project scope according to investment guidelines approved by competent authority and as per the law;

- Conduct business for service constructions within the project scope according to investment guidelines (if any);

- Request competent authority to issue certificate for houses and other constructions (if any) in the projects according to regulations and law on land and housing;

- Receive land assigned by the Government, lease land. allow land repurposing for land area used for residential purposes, business, services, commercial purposes, and other land types within the scope of apartment renovation and reconstruction projects as per the law;

- Receive preferential treatment according to this Decree and relevant law provisions during project implementation;

- Implement other rights as per the law.

(2) For cases under Article 16 of Decree 69/2021/ND-CP, project developers have the rights to:

- Sell, lease, lease purchase relocation flats and area other than houses as per the law;

- Perform rights under Points a, c, d, e, and h Clause 1 of Article 18 of Decree 69/2021/ND-CP;

- Perform other rights as per the law.

2.2. responsibilities of project developers of apartment renovation and reconstruction projects in Vietnam

Responsibilities of project developers of apartment renovation and reconstruction projects include:

- Project developers for apartment renovation and reconstruction projects under Article 14 and Article 15 of Decree 69/2021/ND-CP are responsible for:

+ Exercising responsibilities of project developers specified under Clauses 1, 3, 5, 6, 7, 8, 9, and 10 Article 26 of Law on Housing and relevant law provisions on immovable property sale;

+ Allocating temporary residence, compensation, financing, and relocation for owners of apartment buildings deconstructed according to approved compensation solutions according to Law on Housing, Decree 69/2021/ND-CP, and relevant law provisions;

+ Organizing inspection for acceptance, transfer of houses and relocation constructions as per construction laws for owners according to approved compensation solutions; transferring social infrastructure and technical infrastructure to the government according to investment guidelines and regulations and law;

+ Exercising financial obligations and other obligations according to this Decree and relevant law provisions.

- Project developers specified under Article 16 of Decree 69/2021/ND-CP are responsible for:

+ Complying with Clauses 1, 3, 5, 6, 8, 9, and 10 Article 26 of Law on Housing and Points b and c Clause 3 of Article 18 of Decree 69/2021/ND-CP;

+ Performing other obligations as per the law.

(Clause 3, 4, Article 18 of Decree 69/2021/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE