Rules of developing relocation housing in Vietnam

Rules of developing relocation housing in Vietnam
Lê Trương Quốc Đạt

Below are the rules of developing relocation housing in Vietnam as stipulated by the Housing Law 2023.

Principles  for  Developing  Housing  for  Resettlement

Rules of developing relocation housing in Vietnam (Image from the Internet)

1. Rules of developing relocation housing in Vietnam

The rules of developing relocation housing in Vietnam according to Article 49 of the Housing Law 2023 are as follows:

- The provision of housing for resettlement for cases of relocation to a new place must be implemented prior to the seizure and clearance of housing, except when individuals voluntarily hand over housing before being arranged for resettlement housing, ensuring transparency, and balancing the interests of the State, the individuals with housing being seized, and the investors as per legal regulations; resettlement housing must ensure conditions equal to or better than the housing being seized and cleared.

- In cases where housing is cleared for the construction of other projects as per the approved planning in Class I urban areas, wards, districts, and special urban cities, housing for resettlement must be arranged for individuals whose housing is cleared, according to one of the forms stipulated in points b, c, and d, clause 1, Article 48 of the Housing Law 2023 if the individuals require resettlement in Class I urban areas, wards, districts, special urban cities.

In cases where individuals do not require resettlement in Class I urban areas, wards, districts, special urban cities, based on local conditions, resettlement is arranged according to one of the forms stipulated in clause 1, Article 48 of the Housing Law 2023.

In cases where resettlement is through buying or renting social housing, those resettled are prioritized for allocating social housing.

- In cases where housing is cleared for project construction as per the approved planning in areas not specified under clause 2, Article 49 of the Housing Law 2023, resettlement is arranged based on local conditions and the needs of the resettled individuals, according to one of the forms in clause 1, Article 48 of the Housing Law 2023.

- In cases where housing is cleared for investment projects on developing commercial or social housing and the ones with housing cleared wish to resettle on site, the project investor must allocate commercial or social housing within the project for resettlement.

- In cases of demolishing apartment buildings for investment projects in renovating and rebuilding apartments (hereinafter referred to as investment projects for renovating and rebuilding apartments), compensation, support, and resettlement are carried out according to Chapter V of the Housing Law 2023.

- In cases where housing is developed for resettlement under a project, a separate project must be proposed and approved, not conducting a mixed-use project with commercial housing, public service housing, or social housing, except for renovation and rebuilding apartment projects; in rural areas, investment projects for resettlement housing must include the arrangement of land for production for those eligible for resettlement.

- In cases eligible for compensation through the allocation of land use rights to the resettled, implementation follows the regulations of land law.

2. Means of allocating relocation housing in Vietnam

The means of allocating relocation housing in Vietnam according to clause 1, Article 48 of the Housing Law 2023 include:

- Construction of housing under projects for sale, rent-purchase, or rent for those resettled;

- Placing orders or purchasing commercial housing built under projects for sale, rent-purchase, or rent for those resettled;

- Arrangement for those resettled to purchase, rent-purchase, or rent social housing built under projects;

- Those resettled are provided with payment to purchase, rent-purchase, or rent housing independently;

- Arrangement of housing for those resettled within investment projects for renovating and rebuilding apartments as prescribed in Chapter V of the Housing Law 2023;

- Arrangement for resettlement according to land law regulations.

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