�����HOUSING LAW 2014

CREATED BY VIETVALUE LAW FIRM

AMENDING OF

TOPIC

VIETVALUE LAW FIRM

NEW POINTS

HOUSING LAW 2023 VS HOUSING LAW 2014

LEGAL BASIS

INADEQUACIES

HOUSING LAW 2014

TABLE OF CONTENTS

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LEGAL BASIS

INADEQUACIES OF�HOUSING LAW 2014

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• There are still many inadequacies in the planning, allocation of land funds, determination of residential land areas reserved for construction of social housing in investment projects on construction of commercial housing and urban areas, which are not in accordance with land use plannings and plans; urban planning
• The current Law does not yet have provisions allowing foreign economic organizations and local development investment funds to participate as investors in social housing construction projects
• Some types of housing for policy beneficiaries have been proven effective in practice but have not been legalized such as: accommodation for workers; houses of the armed forces

Limitations in house development� in society

Inadequacies in the State's management in housing development

The issue of the investor's profit margin for social housing projects; social housing buyers and the principles of sale, lease and lease-purchase of social housing; fire prevention and fighting issues for apartment buildings; issuance of house ownership certificates for apartment buildings; Term of use of the apartment building

The issue of social housing construction in commercial housing projects; procedures for determining land prices and exemption from land use levy for social housing projects

HOUSING LAW 2014�Not yet solved

Lack of regulations to promote apartment building renovation

Regulations on cases where renovation and demolition must be carried out to rebuild apartment buildings are still unclear, so there are still many difficulties in the implementation process

The PPP (public-private partnership investment) law has abolished the BT form (investment projects in the form of build-transfer contracts) projects to renovate and rebuild apartment buildings, so projects cannot be implemented, slowing down the process of renovation and reconstruction of apartment buildings

The Housing Law 2014 has not stipulated the responsibilities of local authorities in arranging temporary accommodation, conditions, quality of temporary accommodation, etc. so it is impossible to relocate people to implement the project

Inadequacies in regulations on development of resettlement houses and official duties

The principles for resettlement housing development and the form of resettlement arrangement are not specific, so localities still face many obstacles in implementation

The State has not yet had a mechanism to convert the fund of houses built before 2014 to other purposes. Leading to the failure to ensure the quality and conditions of relocation housing and consider and solve the resettlement needs of people in urban areas of big cities

Regarding the arrangement of official-duty housing for cadres to be rotated to the central government is still limited

NEW FEATURES OF

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HOUSING LAW 2023

Accommodation for workers in industrial parks

Compared to the Housing Law 2014, the Housing Law 2023 has added a number of housing objects such as accommodation houses for workers in industrial parks, houses for the people's armed forces, and houses belonging to public property

Along with that is the regulation on the development of accommodation houses for workers in industrial parks

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Adding new points on social housing

Within 05 years, the buyer or hire-purchaser may only resell to the investor of the construction investment project or resell it to the subjects eligible to buy social houses at a maximum selling price equal to the selling price of this social house in the purchase and sale contract with the investor of the construction investment project

Amending the principles of sale, lease and lease-purchase of social housing

Expanding the beneficiaries of social housing incentives

Supplementing 02 groups of subjects: �- Students of universities, academies, universities, colleges, vocational schools, specialized schools�- Students of public boarding schools for ethnic minorities and enterprises, cooperatives, cooperative unions in industrial parks

Development of social housing funds in commercial projects

Compared to the Housing Law 2014, which does not specify the law, the Housing Law 2023 clearly stipulates that provincial-level People's Committees must allocate sufficient land funds for social housing development

Article 83

Article 89

Article 76

Adding new points on social housing

Expanding profit margins for social housing investors

Preferential policies for social housing investors not equal to public investment capital

Incentives for social housing investors

Investors are entitled to the maximum normative profit� 10% of the total construction investment cost for the construction area of social housing; �20% of the total residential land area within the project has been invested in the construction of technical infrastructure systems for investment in the construction of service business, commercial and commercial housing

Regulations on exemption of land use levy and land rent for the entire land area of the project; investors do not have to carry out procedures for determining prices, calculating land use levies, etc.

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(According to Article 85 of the Housing Law 2023)

Supplementing regulations on management of mini apartments

Meet the requirements for building multi-storey houses and multi-apartment houses of individuals according to the regulations of the Minister of Construction

Meeting fire prevention and fighting requirements as prescribed by law for multi-storey houses and multi-apartment houses of individuals

Meet the conditions prescribed by the provincial-level People's Committee on roads for fire-fighting vehicles to perform fire-fighting tasks in places where there are multi-storey houses and apartments of individuals

Mini apartments will be considered for a pink book from August 1, 2024 when they meet all the conditions prescribed by law

Individuals who have the right to use residential land according to the provisions of Clause 3, Article 54 of the Housing Law 2023 to build houses with 02 floors or more and with a scale of less than 20 apartments, at each floor there is an apartment design and construction for lease must comply with the above regulations

SUPPLEMENTING REGULATIONS ON APARTMENT MANAGEMENT

The expiration date is determined according to the design dossier and the actual use time of the apartment building according to the inspection conclusion of the competent authority�According to Article 58 of the Housing Law 2023

The renovation and reconstruction of an apartment building is considered a housing project and must achieve an investment policy decision or investment policy approval�(According to Article 67 of the Housing Law 2023)

Supplementing incentive mechanisms for project implementation renovation and reconstruction of apartment buildings

Supplementing some regulations on housing in Vietnam

The Housing law 2023 has abolished the subjects eligible to own houses in Vietnam as households

According to Clause 1, Article 8

The Housing Law 2023 stipulates

Domestic organizations and individuals

Overseas Vietnamese in accordance with the law on nationality

Foreign organizations and individuals

Regarding the subjects entitled to own houses� in Vietnam

Stipulating the rights and obligations to own houses of foreign individuals in 2 cases

To own houses and have the rights and obligations of house owners like Vietnamese citizens

In case a foreign individual marries a Vietnamese citizen living in Vietnam

To own houses and have the rights of house owners like overseas Vietnamese

In case a foreign individual marries an overseas Vietnamese who is allowed to enter Vietnam

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