HOUSING LAW No. 65/2014 / QH13
NATIONAL ASSEMBLY
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Law No. 65/2014 / QH13
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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LAW
HOUSING
Pursuant to the Constitution of the Socialist Republic of Vietnam;
Congress enacted the Housing Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law regulates the ownership, development, management and use of housing; Housing transactions; State management of housing in Vietnam. For transactions, lease, lease purchase commercial housing enterprises, cooperatives real estate business, comply with the provisions of the law on real estate business.
Article 2. Subjects of application
This law applies to organizations, households and individuals related to the ownership, development, management, use, housing transactions and manage the state of housing in Vietnam.
Article 3. Definitions
In this Law, the following terms are construed as follows:
1. Housing is building for residential purposes and serve the daily needs of households and individuals.
2. Separate houses are houses built on separate parcels of land at the disposal of the organization legitimacy, households and individuals, including villas, semi-detached houses and independent houses .
3. Condominium is home with 2 storeys or more, there are many apartments, with walkways, common staircase, with private ownership, common ownership and systems infrastructure works for common use for households families, individuals and organizations, including apartment houses built with the aim to stay and apartment houses were built with the purpose of using a mixture of residential and business.
4. Commercial Housing is housing construction for sale, rental or hire-purchase market mechanism.
5. Housing is housing the civil service is used to give the object eligible for the public service in accordance with the provisions of this Law in time hired for the job, work.
6. Housing relocation service is to arrange housing for families and individuals eligible for resettlement when the State recovers land, housing clearance as stipulated by law.
7. Social housing is housing with support from the State to the beneficiaries of the policy support in accordance with the provisions of this Law.
8. Investment projects of housing construction is a combination of proposals related to the use of capital to build new housing, public utility, social infrastructure to serve the needs of or to renovation and repair of buildings above a certain location.
9. Housing Development is investing in new construction, reconstruction or rehabilitation increases the area of housing.
10. Improving housing is upgrading quality, expanding the area or structural adjustment in the area of the existing house.
11. Maintenance of housing is the maintenance, housing maintenance and repair periodically to repair damage to maintain housing quality.
12. The owner of the housing is held, households and individuals with legitimate housing through the construction forms, purchase, lease, donation, inheritance and capital contributions, received exchange houses and other forms in accordance with this Law and relevant laws.
13. The owner of the apartment building is the owner of apartments, other area owners in condominiums.
14. Domestic organizations include state agencies, units of the People's Armed Forces, public service units, political organizations, political organizations - social, political and social organizations - professional, social organizations, social organizations - professional, economic organizations and other organizations under the provisions of civil law (hereinafter referred to as the organization).
15. The private ownership in a condominium is the area inside the apartment or within other areas of the apartment complex was recognized as the ownership of the condominium owners and the equipment used exclusively in apartments or in other areas of the condominium owners in accordance with this Law.
16. The common property of the condominium is the remaining area of the apartment building outside the area under private ownership of condominium owners and devices commonly used for such condominiums prescribed of this Law.
17. Leasing of the tenants in the purchase of prepayment to the lessor bought 20% of the value of housing lease, unless the lease is conditional prepayment shall be paid no more than 50% lease housing value; The remaining amount of the rent to calculate the monthly payment for the lessor in a specified period; after the expiration of leasing houses and they have paid all the remaining amount, the buyer has the right to own rent for such housing.
18. Housing is housing available has completed the construction and put into use.
19. Housing in the future form of housing is in the process of construction and not yet put into use and acceptance.
Article 4. The right to housing and housing ownership
Households and individuals have the right to housing through construction, purchase, lease or hire purchase, donation, inheritance and capital contributions, received exchange, borrow, in thanks, housing management Authorized and other forms prescribed by the law. Organizations, households and individuals with legitimate housing through the forms prescribed in Clause 2, Article 8 of this Law for home ownership in accordance with the provisions of this Law.
Article 5. Protection of housing ownership
1. The State recognizes and protects the legal ownership of the home owners in accordance with this Law.
2. State-owned legal organizations, households and individuals are not nationalized. Where it is necessary for the purpose of national defense and security; economic development - social as national interests, public or in a state of war, a state of emergency, prevention of natural disasters, the State decided to compulsory purchase and requisition, housing presales or clearance housing owned by legitimate organizations, households and individuals, the state is responsible for compensation, support and resettlement policy for home owners in accordance with the law.
Article 6. Prohibited acts
1. Infringement of housing ownership by the State, organizations, households and individuals.
2. Impeding the implementation of state management responsibility for housing, the implementation of the rights and obligations of ownership, use and housing transactions of organizations, households and individuals.
3. Decide on the investment policy approved projects or project construction investment unplanned housing construction programs and housing development plans have been approved.
4. To build housing on the land is not the land; build non-standard design criteria for each type of area in which State the provisions of the standard design, standard housing area. Applying the wrong calculation using the housing area has been law in the contract of sale and purchase of residential leases.
5. Taking up an area of illegal housing; occupied space and the sections under common ownership or other owners of any form; arbitrarily change the bearing structure or design changes in private ownership condominiums.
6. Use the area and the equipment is owned, common use in private use; misuse purpose area under common ownership or the area for the service in condominiums mixed compared with the investment policy decisions housing construction projects and project content has been approved, except cases of state bodies competent for transformation purposes.
7. Misuse mobilization purposes or purchase pre-paid housing for housing development.
8. Investor housing construction projects authorized and stakeholder cooperation for investment, joint venture, association, business cooperation, participation in or organization and other individuals to sign contracts Hire purchase, house purchase, contract deposit transactions or business of housing land use rights in the project.
9. Perform transactions, transfer purchase agreement, lease, lease purchase, donation, exchange, inheritance, mortgage, capital contribution, loan or temporary stay, authorization management in contravention of the provisions of this Law.
10. Improving and building extensions, demolition of houses is renting, leasing, lending, in thanks, the management is authorized without the owners consent.
11. Use of apartments in purpose not to stay; using the trading area in the condominium project approved business purposes of flammable materials, explosives, business services caused environmental pollution, noise or other activities affecting the lives of families and individuals in condominiums as stipulated by the Government.
12. Use separate houses on the business purpose of flammable materials, explosives, business services environmental pollutants, noise, affect social order and safety, residential living that non-compliance with the provisions of the law on business conditions.
13. Report, providing information on housing inaccurate, untruthful, incorrect or improper regulation requirements of state agencies authorized; destroying, falsifying information in a database for housing by state agencies competent to manage.
Chapter II
RESIDENTIAL PROPERTY
Article 7. Subjects own houses in Vietnam
1. Organizations, households and individuals in the country.
2. Vietnam residing abroad.
3. Organizations and individuals defined in Clause 1 of Article 159 of this Law.
Article 8 Conditions for recognition of ownership of housing
1. Organizations, households and individuals in the country; Vietnam earners residing abroad must be granted entry into Vietnam; for organizations and individuals abroad, they must meet the conditions provided for in Article 160 of this Law.
2. There are legal housing through the following forms:
a) For the organizations, households and individuals in the country, through the form of the construction, purchase, lease, donation, inheritance and capital contributions, receive housing and changing forms as prescribed by law;
b) For the Vietnam residing abroad, the form purchase and leasing of commercial housing enterprises, cooperative business real estate (hereinafter referred to as corporate real estate business ); purchase, donation or exchange or inherit houses of families and individuals; the transfer of land use in investment projects in commercial building allowed them to organize sale of housing construction in accordance with the law;
c) For organizations and individuals overseas, through the forms prescribed in Clause 2, Article 159 of this Law.
Article 9. Recognition of ownership housing
1. Organizations, households and individuals are qualified and have the lawful provisions in Article 8 of this Law shall be state agencies authorized to issue certificates of land use rights, ownership houses and other assets attached to land (hereinafter referred to as the certificate) for such housing. Housing certificate is available housing.
2. The order and procedures for granting certificates to owners of houses is done in accordance with the law of the land.
Where the ownership of houses with a term stipulated in Clause 1 of Article 123 of this Law, the housing purchase for certificates within own houses; While home ownership expire as agreed, housing ownership is transferred back to the first owner; the certificate for the purchase of housing and handling certificate expires when home ownership is done according to the regulations of the Government.
3. The competent authority certificate must indicate the type certificate and housing under the provisions of this law and the law on construction; cases are apartments, they must record all floor area of construction and use of the flat area; if the houses built under the project, the project must include the correct name of housing construction was authorized agencies for approval.
4. For housing construction project to rent buy, for sale, not for certificates to investors that certificate to the tenant purchase, the buyer of housing, unless the owner Investment demand for certificates for rental housing not buy, not sell; case investors build houses for rent shall be issued certificates for such housing.
5. Where the houses of families and individuals with two or more floors and each floor has two apartments and above meet the conditions specified in Clause 2 of Article 46 of this Law shall be public agencies authorized certificate for each apartment in the house there.
Article 10. Rights of owners of houses and residential users
1. For home owners are organizations, households and individuals in the country, the Vietnam residing abroad shall have the following rights:
a) Have the right to inviolability of housing owned by their legitimate;
b) Use of housing in residential purposes and other purposes not prohibited by law;
c) To be granted certification for the houses are owned by their legitimate under the provisions of this law and the law on land;
d) Sell, transfer purchase agreement, lease, lease purchase, donation, exchange, bequeath, mortgage, capital contribution, loan or temporary stay, house management authorization; cases of donation, bequest of housing for those who are not entitled to own houses in Vietnam, these objects are only entitled to the value of such house;
e) Common use of public utilities in housing under the provisions of this Law and relevant laws.
Where is the condominium owners shall have the right to own, use the same for the common ownership of the condominium and the infrastructure works for common use of the apartment buildings, except buildings constructed up to business or to hand over to the State as prescribed by law or by agreement in the contract of sale, the lease purchase of housing;
e) Maintenance, renovation, demolition and reconstruction of houses under the provisions of this law and the law on construction;
g) To be compensated according to the provisions of the state law demolition, purchase and requisition housing or paid by the State at the market price when purchased in advance the State-owned houses their legitimate purposes defense and security; economic development - social as national interests, public or in a state of war, a state of emergency, prevention of natural disasters;
h) Complaints and denunciations and lawsuits for violations of legal ownership of their own and other acts violating housing laws.
2. Where an eligible homeowner with a term in accordance with the provisions of Clause 1 of Article 123 of this law, within the housing property, owners are exercising the rights specified in paragraph 1 of this Article, unless Where the parties have agreed otherwise; the expiration of home ownership under the agreement, the owners are managing and using the house to hand over the house to a homeowner for the first time.
3. For home owners are organizations, foreign individuals, the rights as provided for in Article 161 of this Law.
4. Users housing is not housing owners are exercising their rights in the management and use of houses under an agreement with the owners of housing.
Article 11. Obligations of owners of houses and residential users
1. For home owners are organizations, households and individuals in the country, the Vietnam residing abroad shall have the following obligations:
a) Use proper housing purposes specified; establish and maintain a record of the houses under their ownership;
b) To prevent fires, ensure hygiene, environmental, social order and safety in accordance with law;
c) To implement fully the provisions of the law to sell, transfer contract of sale, lease, lease purchase, donation, exchange, bequeath, mortgage, capital contribution, loan or temporary stay and authorization of house management; for transactions in the common property of spouses, they must comply with the provisions of the Law on Marriage and Family;
d) To comply with the law and not prejudice or harm to the interests of the State and public interests, rights and legitimate interests of organizations, households and individuals as maintenance, renovation, demolition and reconstruction of houses; Cases subject to ownership housing deadline prescribed in Clause 1 of Article 123 of this law, the renovation, demolition of houses was done under an agreement between the parties;
e) insurance premiums and explosives to housing which must be insured and explosives in accordance with the law on fire prevention, firefighting and law on insurance business;
e) Executing decisions of state agencies competent law went into effect on the handling of violations, settlement of disputes, complaints and denunciations about housing, compensation, support and resettlement , demolition of houses when the State recovers land, clearing houses, compulsory purchase and requisition, housing presale;
g) To be responsible to the parties concerned and the competent person performing the inspection, monitoring and maintenance of equipment, technical infrastructure, the area under common ownership, use General;
h) To fulfill its financial obligations to the State for recognition of ownership of housing, the implementation of the transaction and the process used in accordance with the law.
2. For home owners are organizations and individuals abroad, apart from the obligations specified in paragraph 1 of this Article shall fulfill the obligations specified in paragraph 2 of Article 162 of this Law.
3. The use of housing is not the owner must carry out their obligations in the management and use of houses under an agreement with the owners of houses and the provisions of this Law.
Article 12. Time of transfer of ownership of housing
1. Where a housing purchase without those specified in paragraph 3 of this article and hire-purchase housing case, the time of transfer of ownership of housing is from the time the purchaser, lessee purchase was paid in full purchase, rental and purchase of housing has taken delivery, unless the parties agree otherwise.
2. Where a capital contribution, donation, exchange houses, the time of transfer of ownership from the time that the capital contributions, the donation, the recipient in exchange receive a handover from the capital contribution, the donor for, the exchange houses.
3. Where a housing purchase between investors build housing projects with the buyer, the time of transfer of ownership of housing is from the time the buyer handed over housing or from the time the purchaser bar afford housing cost to the investor. For the purchase of commercial housing business real estate business, the time of transfer of ownership is done according to the law on real estate business.
4. In case of inheritance, the time of transfer of ownership of housing is done in accordance with the law on inheritance.
5. The housing transactions specified in paragraphs 1, 2 and 3 of this Article shall comply with the conditions of housing transactions and contracts must be effective under the provisions of this Law.
CHAPTER III
HOUSING DEVELOPMENT
Section 1
GENERAL PROVISIONS ON HOUSING DEVELOPMENT
Article 13. Housing Development Policy
1. The State is responsible for creating the land fund approved through planning, land use planning, urban planning, planning specific functional areas, rural construction planning.
2. The State shall enact mechanisms and policies on planning, land, finance, credit, research and application of science and technology, new construction materials to investment in the renovation and reconstruction of the house apartment building was heavily damaged, with danger of collapsing, no safety guarantee for users and encourage organizations, households and individuals to participate in the development of houses for rent, rental purchase, sale according to the market mechanism.
3. The State shall enact mechanisms and policies for tax exemption, exemption and reduction of land use fees and land rent, long-term credit with preferential interest rates, the financial incentives and other support from State funding for the implementation of policies to support social housing.
4. State policy for research and issued the design, typical design for each type of housing appropriate for each region, each region; policies encouraging the development of energy-saving houses.
5. People's Committees of provinces and centrally-run cities (hereinafter collectively referred to as provincial level), the project owner construction of commercial housing in the area to spend to build social housing provisions of law on housing.
Article 14. Requirements for housing development
1. In accordance with the demand for housing of different objects and economic conditions - the country's society, of each locality, each region in each period.
2. In accordance with the development strategy of national housing, construction planning, zoning and land use in the program, plans to develop local housing in stages.
3. Compliance with the provisions of law on housing; standards and technical regulations, quality construction; comply with the requirements on prevention of fire and explosion; ensuring architectural, landscaping, sanitation, environment and safety in the construction process and capable of responding to natural disasters and climate change; economical use of energy, land resources.
4. For urban areas, the housing development must be consistent with the detailed planning and major construction project is done. Investment projects of housing construction must meet the requirements specified in paragraphs 1, 2 and 3 of this Article, to ensure the distribution of population, urban embellishment. For special grade, type 1 and type 2 is primarily developed condominiums and construction of houses for rent.
5. For the rural areas, mountainous, border and island areas, the housing development plan must be consistent with the rural population, the program of new rural construction, customs and practices of each ethnic, natural conditions of each region; gradually eliminate shifting cultivation, nomadic and ensure sustainable rural development; encourage housing development project, in multi-storey houses.
Article 15. The program, planned development of local housing
1. Based on the development strategy for national housing, planning and overall economic development - social, land use planning, urban planning, planning specific functional areas, agricultural construction planning Local villages have been approved, the provincial People's Committee building development program of local housing including in urban and rural areas for each stage 05 years and 10 years or longer for the Association People's Councils of the same level prior to approval as stipulated in Article 169 of this Law.
2. On the basis of development programs of local houses have been approved under the provisions of paragraph 1 of this Article, the provincial People's Committees shall formulate and approve housing development plan annually and 05 five localities including development plans of commercial housing, social housing, public housing services, housing relocation service, housing, household or individual, which must be defined.
Article 16. Determination of land for housing development
1. When drawing up and approval of urban planning, rural development planning, zoning and economic zones, industrial parks, export processing zones, high technology zones (hereinafter referred to as industrial parks); construction planning of higher education establishments, vocational schools, except scientific research institutes, secondary schools, public boarding locality (hereinafter referred to as research and training areas), offices competent planning approval must specify the area of housing construction in the planning.
2. At the special grade, type 1, type 2 and type 3, investors projects in commercial building must devote a portion of land in the project was the construction of infrastructure systems techniques to build social housing as prescribed by the Government. For the remaining types of urban, provincial People's Committee based on the specific conditions of local investors to request to set aside part of the land in the project was the construction system down technical infrastructure to build social housing.
Article 17. Forms of housing development and investment projects of housing construction
1. Form of housing development include:
a) Developing housing project;
b) Development of residential households and individuals.
2. Investment projects of housing construction under the provisions of this Law include:
a) The investment project construction or renovation of a building independent housing or a cluster of housing projects;
b) investment project housing building system technical infrastructure and social infrastructure in sync in rural areas;
c) The project construction investment project urban or mixed land use that land for the project to build houses;
d) Project construction investment have mixed use residential and business.
Article 18. The case housing development and housing construction case project
1. The case of housing developments include:
a) Development of commercial housing;
b) Development of social housing;
c) Development of civil service housing;
d) Development of housing to cater for resettlement;
e) Development of residential households and individuals.
2. The case housing development under the project include:
a) The development of houses for rent, lease purchase or sale of the business enterprise real estate;
b) Rehabilitation and reconstruction of the apartment building, the old building;
c) Development of housing to cater for resettlement;
d) Development of houses under state ownership.
Article 19. Requirements for investment projects in housing construction
1. The investment projects of housing construction as stipulated in paragraph 2 of Article 17 of this Law shall be made in accordance with this Law.
2. Investment projects of housing construction is just the preparation, approval and implementation in areas with detailed planning approval, compliance with the content of investment policy decisions of state agencies competent and meet the requirements specified in Article 14 of this Law.
3. Investment projects of housing construction, the project area have been named in Vietnamese; case project investors build commercial housing demand project name in a foreign language, they must write your full name in Vietnamese before, written in foreign languages later. Project name, name of project areas to be competent authorities decided, is used in both the construction and management, use after completion of construction.
4. Investors of housing construction projects must fully implement the contents of the approved projects; cases investors have proposed adjusting the contents include project name, the progress made, kind of housing to build, total building floor area, the total number of houses, rate of house types , the total investment if the project is funded by the state must be competent bodies as provided for in Article 170 of this law decided before construction implementation.
5. The provincial People's Committees are responsible for identifying the specific list of investment projects of housing construction in the province include construction projects of commercial housing, social housing, public housing services, houses for resettlement service and public electronic Portal of the provincial People's Committee according to the following provisions:
a) Number of projects; total number of houses and a total floor area of housing construction projects annual investment in housing construction in the area;
b) The basic content of each investment project housing construction in the province include the project name, location of the construction, project scope, detailed planning of the project implementation schedule projects, investment objectives, number of houses, total floor area of housing construction, housing business forms and other relevant content as prescribed by law for the real estate business;
c) The disclosure of information about the project as stipulated in points a and b of this paragraph shall be implemented during the project implementation.
Article 20. The principle of residential construction
1. Architecture housing to suit the natural conditions, disaster prevention, education science, technical, historical traditions, culture and fit with detailed construction planning authorities were competent government approval.
2. In urban areas, housing architecture must combine harmoniously renovation with new construction, tied to individual residential buildings with a total of urban architecture, must comply with urban design and regulations on management of urban architecture planning.
3. In rural areas, housing architecture must harmonize with the natural landscape, in accordance with the customs and habits, production and business conditions of households and individuals and of peoples at once regions.
Section 2
RESIDENTIAL COMMERCIAL DEVELOPMENT PROJECTS UNDER
Article 21. Conditions for the project as an investor in commercial building
1. Enterprises and Cooperatives established and operating under Vietnam law.
2. legal capital stipulated by law and real estate business have collateral to implement capital for each project in accordance with the law on investment.
3. Have the function of the real estate business as prescribed by law.
Article 22. Investment projects in commercial building and selection of project investment
1. Investment projects in the commercial building must be made, appraisal, approval and implementation in accordance with this Law and the law on construction.
2. The selection of investment projects on construction of commercial housing is done through the following forms:
a) auction of land use rights in accordance with the law on land;
b) Procurement of land use projects;
c) Specify the investor in case the investor is eligible provisions of Article 21 of this Law, have the right to use land under the provisions of Clause 1 and Clause 4 of Article 23 of this Law.
3. The selection of investment projects on construction of commercial housing by housing authorities reporting provincial level People's Committee decision; cases of large-scale projects or related to many provinces and cities directly under the Central Government under the provisions of the Government must report to the competent authority in accordance with clause 2 of Article 170 of this law decision before performing selected investors.
Article 23. Form of land use to implement investment projects in commercial building
1. Use of land at the disposal legitimate to build commercial housing.
2. State allocated land for building houses for rent, lease purchase or to sell.
3. The State shall lease land to build rental housing.
4. Receive transfer of land use rights in accordance with the law of the land to build commercial housing.
Article 24 Type and standard commercial housing area
1. Type of accommodation and standards of each area of commercial housing projects by investors decide but must ensure compliance with the detailed construction plans, standards, building codes, is residential architecture and content investment policy decisions housing construction projects of state agencies having jurisdiction.
2. For the apartments, they must design, build style self-contained apartments, with a floor area of apartment standards, building codes.
3. For individual houses must be built in accordance with the detailed construction plans, the design is approved according to standards, building codes.
Article 25. Rights of investor projects in commercial building
1. Ask the agencies and organizations involved implementing the procedure in accordance with the law in the process of formulation, appraisal, approval and implementation of projects.
2. Rent, lease purchase and sale of housing; implement capital raising, collecting rent, lease purchase or sale of housing under the provisions of this law, business law and real estate under contracts signed.
3. Implementation of the rights of land users and business products in the project in accordance with the law of the land and the law on real estate business.
4. To transfer a part or the whole of the project in accordance with the law on real estate business.
5. To carry out the management and exploitation of technical infrastructure in the scope of the project under the investment policy decisions project of state agencies having jurisdiction.
6. Require state agencies authorized to issue certificates for the housing project was built in accordance with the provisions of Article 9 of this law and the law of the land.
7. To enjoy the preferential policies of the State in the process of implementing the project under the provisions of law.
8. Perform other rights stipulated in this Law and relevant laws.
Article 26. Responsibility of project investors build commercial housing
1. Preparation, appraisal, approval and implementation of projects in accordance with the provisions of this law and construction law.
2. Deposits to implement the project in accordance with the law on investment; bail transactions in accordance with the provisions of the law on real estate business; ensuring the financial capacity to implement the project in accordance with the law.
3. Construction of housing and public utility, social infrastructure projects in accordance with the detailed planning, content policy decisions project investment of state bodies authorized, compliance design, standard housing area and the progress of projects approved.
4. Spend area has invested in building infrastructure in the project to build social housing under the provisions of law on housing.
5. Publicity on electronic information and at the headquarters of the Management Board of his project information specified in Clause 5 of Article 19 of this Law; report on the implementation and results of project implementation and periodically when the project ended in accordance with the law on housing and business law on real estate.
6. To fully implement the commitments in the contract business of projects, housing and handed the papers related to housing transactions for clients; perform transactions, leasing, hire-purchase business houses and land use rights as stipulated by the law on real estate business.
7. Within 50 days from the date of delivery of housing to the buyer or lessee from the time the buyer has paid the money as agreed, to the procedures proposed state agencies competent to grant certification for the buyer, tenant purchase houses, unless the purchase, hire purchase voluntary procedures for issuance of certificates. Where building houses for lease, shall make and keep records in accordance with the provisions of Article 76 and Article 77 of this Law.
8. Warranty housing under the provisions of this law and the law on construction; implementation of financial obligations to the State as prescribed by law.
9. To abide by the decisions made legally enforceable by the competent authority on the handling of violations of the law when there are irregularities in the housing development, capital raising, advance payments from customers, implementation of housing transactions and other activities specified in this article.
10. Compensation in case of damage to the customer or to organizations, individuals and households to invest in housing construction.
Section 3
HOUSING DEVELOPMENT OF SERVICES
Article 27. Housing and civil service development plan for housing
1. State budget capital investments, including the central budget and local budgets for building public housing or to buy services, commercial tenants in public housing do business. Duty houses including the house of the central business and residential local public service.
2. Investment in housing construction or purchase of services, commercial tenants in public housing for service must be based on development plans for housing provisions in paragraph 3 of this Article, ensuring the conditions Safety in the work and convenience in daily life and travel of people using the service housing.
3. Development Plan was established duty houses and approved as follows:
a) Central Authorities have the responsibility to determine the needs of the public service in their agencies to the Ministry of Construction for the evaluation and planning of housing development of the civil service and central agencies to the Prime Government approval, unless otherwise specified in this paragraph b;
b) Ministry of Defense, Ministry of Public Security is responsible for determining needs and planning development of the civil service housing subjects specified in Clause 1 of Article 32 of this Law and the Prime Minister accepted after obtaining the agreement of the Ministry of Construction;
c) Provincial People's Committee approved establishment and development plan for housing in development plans of local housing as provided for in Article 15 of this Law;
d) Agency for planning provisions in points a, b and c of this clause must clearly identify the housing needs of the service include housing type, number, floor area of housing; construction sites and land to build housing or commercial area to buy houses, rent for housing in the public service; capital and annual investment allocation and 05 years; determine the responsibility of the relevant authorities.
4. The Government shall detail the construction, purchase or rent commercial housing building in public service, on the object and conditions of service of housing rent and the management and use of service housing.
Article 28. Investment projects for housing construction and choice of investor projects
1. Investment projects in the service building including new construction and purchase of commercial housing was up, evaluation, approval and implementation in accordance with this Law and the law on construction .
2. Investment projects of housing construction mission has the following categories:
a) Project by the Prime Minister for investment decision as proposed by the Ministry of Construction for the objects of the central agencies lease, unless otherwise specified in this paragraph b;
b) Project by the Ministry of Defense, Ministry of Public Security Investment decisions after consulting the Ministry of Construction and the Prime Minister for approval to the object subject to the provisions in Clause 1 of Article 32 This law of rent;
c) Project by the provincial People's Committee decided to invest at the request of regulatory bodies at the provincial level so that the object is ordered, rotated to work locally.
For the object is ordered, rotated to work in districts, towns and provincial cities and equivalents (hereinafter collectively referred to as district level), those defined in points c, e, f and g, Clause 1, Article 32 of this Law, the provincial People's Committee decided to invest projects or authorize district People's Committee decided to invest the project.
3. The selection of investment projects on construction of service housing is defined as follows:
a) the Prime Minister's decision to select an investor projects stipulated in paragraph 2 of this article as proposed by the Ministry of Construction;
b) The Minister of Defence, Minister of Public Security decided to choose an investor projects specified in Clause 2 of this Article;
c) Provincial People's Committee decided to choose the project investor specified in point c paragraph 2 of this Article as proposed by the regulatory bodies at the provincial level.
Article 29. Land for building houses for service
1. The area of land to build houses for the services specified in the plan to build state agencies competent to approve the provisions of Clause 1 of Article 16 of this Law.
2. The duty houses of central agencies, the Ministry of Construction shall coordinate with the provincial People's Committee identify land to build houses for the locality, unless otherwise specified paragraph 3 of this article. Provincial People's Committees are responsible for the layout of land to build housing at the request of the Ministry of Construction.
3. For public service housing for objects specified in Clause 1 of Article 32 of this Law, the Ministry of Defense, Ministry of Public Security shall coordinate with the provincial People's Committee determined to land civil service housing construction.
4. For the house of the local civil service, the provincial People's Committee shall have to allocate land to build housing for the preparation, approval planning provisions of Clause 1 of Article 16 of this Law .
5. State without collection of land use fees for land used to build public housing as stipulated in this article.
Article 30. Buy, rent commercial housing for duty houses
1. For local commercial housing built under the project, in accordance with the type of home and area standards prescribed in Article 31 of this Law, the competent authority specified in Clause 2 of Article 28 of This Act may decide to buy or rent housing to public service housing.
2. The purchase of commercial housing work duty houses must be made in the project and the competent agencies specified in Clause 2 of Article 28 of this Law approved.
3. The purchase price of commercial housing in the civil service housing investment decisions by decisions on the basis of reference prices on housing purchase market and appraising the results of unit price valuation function in time home buyers.
4. Where there is insufficient duty houses for lease, the competent authority specified in Clause 2 of Article 28 of this Law to decide on the commercial tenants in public housing for service.
5. The central budget funding to buy or rent commercial housing as public housing for the object of central agencies, including the Defense Department's Housing, Ministry of Public Security. Local budget funding to buy or rent commercial housing as public housing for the objects of local authorities.
Article 31. Types and standards of service housing area
1. Housing official duties include individual houses and apartments have different standards suitable area for each type of object in the service tenants.
2. Standards of service housing area by the Prime Minister specified and adjusted to suit each period as proposed by the Ministry of Construction.
Article 32. Subjects and conditions of service for renting houses
1. Subjects were tenants in public service include:
a) The leaders of the Party and State in the civil service subject in time for the job;
b) Officers and employees of the organs of the Party, the State, political organizations, socio - not those specified in this clause are transferred, transfer to work in central agencies hold Deputy and service level equivalent or higher; were mobilized, rotated to work locally served from the Chairman of the district People's Committee, Director and equivalent or higher;
c) Officers and employees of the organs of the Party, the State, political organizations, socio - not those specified in clause are ordered, rotated to work in communes and remote , regional economic conditions - especially social difficulties, border areas and islands;
d) Officers and professional soldiers of the People's Armed Forces were mobilized, circulated at the request of defense and security, except for those which the law stipulates should be in the barracks of the armed forces;
e) teachers to work in rural areas, social areas, remote and economic conditions - especially social difficulties, border areas and islands;
e) The doctor, medical personnel to work in rural areas, social areas, remote and economic conditions - especially social difficulties, border areas and islands;
g) The scientist assigned to conduct scientific missions and technologies national level is particularly important under the provisions of the Law on Science and Technology.
2. Conditions of service for renting houses are defined as follows:
a) For the subjects specified in paragraph 1 of this Article shall be allocated public housing on demand security services;
b) For the subjects specified at Points b, c, d, e, f and g, Clause 1 of this Article shall be subject to no houses owned by themselves and not buy, lease or lease-purchase housing local society to the work place or had houses under their ownership in place to work but housing area per capita in households below the minimum housing area by the Government for each period and each different area.
Article 33. The principles for determining the cost of housing in service
1. correctly and fully the costs necessary to implement the operational management, maintenance and rental management in the civil service housing use.
2. There is no charge to use public land for housing construction, and excluding capital depreciation costs of housing construction or acquisition costs duty commercial housing as housing public service.
3. The rental housing provided by the competent authorities specified in Clause 2 of Article 81 of this Law and decisions are reviewed and adjusted to suit each period.
4. In case of commercial tenants in public housing to make the case public housing tenants pay rent in case lower commercial rents as stipulated by the Government.
Article 34. The rights and obligations of tenants of service
1. Tenants in public service have the following rights:
a) Will be handed housing and equipment in accordance with the agreements in the lease agreement;
b) Used housing for themselves and family members in time for the job, the work;
c) Suggest operating unit housing management promptly repaired damaged if not caused by its fault;
d) To continue to sign the tenancy agreement at the expiry of service if rent housing which remains an object and can be eligible for public housing rent as stipulated in this Law;
e) To exercise other rights in accordance with the provisions of the law and as agreed in the lease contract in the public service.
2. Tenants in public service have the following obligations:
a) Use of the purposes to stay and serve the needs of living for themselves and family members in the housing rental period;
b) To be responsible for keeping the housing and ancillary resources; not arbitrarily renovation, repair, demolition of houses in the public service; use case apartments, they must comply with the regulations on management and use of the condominium;
c) Not to lease, lend, authorization management in the public service;
d) To pay the rent in accordance with the contract signed with the tenant at the rental and payment service expenses other activities stipulated by the provider;
e) To return home to the State civil service is no longer entitled to rent housing or when no longer need to rent housing or civil service when violations are subject to foreclosure in accordance with the provisions of this law in a period not exceeding 90 days from the date of receipt of notification of regulatory agencies in the public service;
e) Executing decisions housing coercive recovery of the competent authorities in cases of coercive recovery of the housing;
g) Other obligations on housing as prescribed by law and as agreed in the lease contract in the public service.
Section 4
HOUSING DEVELOPMENT RESETTLEMENT TO SERVE
Article 35. The principle of housing development to serve resettlement
1. Where land acquisition and clearance of housing to build other buildings in the inner city area of special grade, in grade 1 and grade 2, the state housing fund prepared through use commercial housing or social housing built under the project to arrange resettlement before land acquisition and clearance of housing, except as provided for in paragraph 4 of Article 36 of this Law.
2. Where land acquisition and clearance of housing to build other structures in areas not specified in paragraph 1 of this Article that commercial housing or social housing projects built under the State This used to arrange housing resettlement; if no commercial housing, social housing, the government will implement the construction of houses for resettlement service before land acquisition and clearance of housing, unless the provisions of Clause 4, Article 36 of this Law.
3. Where land acquisition and clearance housing project for the construction of commercial housing where homeless people were relocated in need of resettlement in place, investors have to prioritize projects commercial housing arranged within the project to serve resettlement.
4. In case of acquisition of land and housing clearance to implement infrastructure projects in industrial parks where homeless people were relocated in need of resettlement, the project investor to build housing for layout Resettlement in the region are planning the construction of housing for laborers working in industrial parks or housing arrangements in place for people to be resettled.
5. Where to invest in the construction of houses for resettlement service must comply with the project; for rural areas, the investment project to build housing and resettlement service to include the allocation of land to serve producers who are eligible for resettlement.
6. Housing relocation service must have sufficient technical infrastructure and social infrastructure in accordance with the detailed construction plans, design documents are approved and comply with the provisions of Article 14 of the Law This.
Article 36. The forms of housing layout to serve resettlement
1. Purchase of commercial housing project built for lease, lease purchase, sell for resettled people.
2. Use social housing project built for lease, lease purchase, sell for resettled people.
3. direct State investment in the construction of housing in the state budget, national bonds, bonds, capital of official development assistance, concessional loans from donors, investment credit capital State development or construction in the form of build - transfer on land that is determined to build houses for resettlement under the planning approval for lease or lease purchase , sold to be resettled.
4. Households and individuals are paid to self-select the purchase, lease or hire purchase commercial houses in the locality make resettlement housing or land allocated by the State to build housing under planning approval.
Article 37. Land for building houses for resettlement service
1. The allocation of land for housing construction and resettlement service must comply with the principles defined in Article 35 of this Law and the provisions of law on land.
2. The area of land for construction of houses for resettlement service is specified in the construction plan are state agencies competent to approve the provisions of Clause 1 of Article 16 of this Law.
Article 38. Project construction of houses for resettlement service and the selection of project investors
1. Project the construction of houses for resettlement service formulation, appraisal, approval and implementation in accordance with this Law and the law on construction.
2. Investors of projects on construction of houses for resettlement service including project management unit specialized of the provincial People's Committee, Organization Provincial Land development and corporate real estate business ; the selection of the project investor shall comply with the provisions in paragraph 3 and 4 of this article.
3. For a project to build houses for the resettlement service funded or implemented in the form prescribed in Clause 3 of Article 36 of this Law, regulatory agency reporting provincial vote the investment decision to select investors.
4. For housing construction projects to serve resettlement those specified in paragraph 3 of Article 36 of this Law shall be competent to choose an investor is defined as follows:
a) Where the construction of houses for resettlement service for projects of national importance, the Prime Minister decided to choose whether to authorize the Minister of Construction decided to choose an investor;
b) In case the construction of houses for resettlement service for projects not subject to provisions of this clause, the provincial People's Committee decided to select investors.
Article 39 Type and standard residential area to serve resettlement
1. For urban areas, the houses for resettlement service must meet the following criteria:
a) Is the apartment or individual houses are built in accordance with the detailed construction planning and program development plans of local houses have been approved;
b) Where is the apartment, they must design, build self-contained manner, ensuring standards and building codes. When designing houses for resettlement service, investors can allocate an area for organizing business matching actual conditions of each project;
c) In case of individual houses must be built in accordance with the detailed construction plans, the design is approved; adhere to the principle of residential construction as stipulated in Article 20 of this Law and ensure quota minimum land area in accordance with the law of the land.
2. For rural areas, the houses for resettlement service is designed, built to cover an area of houses and ancillary works, for living, production associated with housing, compliance residential architecture principles stipulated in Article 20 of this Law and ensure quota minimum land area in accordance with the law of the land.
Article 40. Quality control housing relocation service
1. Housing and construction works in the project are only accepted if it meets the design requirements, standards and building codes. Investors project is not designed to change the housing area and ancillary works (if any) for the resettlement after the competent authority has approved the layout plan for resettlement.
2. The allocation of housing for resettled people be made only after the housing has been accepted under the provisions of law on construction.
3. Organizations and individuals following responsible for the quality of housing to serve resettlement:
a) investment projects on construction of houses for resettlement service;
b) The State agency competent to sign the construction contract - transfer to build houses for resettlement;
c) Investors of construction projects of commercial housing, social housing is used to arrange resettlement.
4. The regulatory bodies at provincial level are responsible for guiding and checking the quality of the management to service housing resettlement localities.
Article 41. Purchase of commercial housing and use of social housing to serve the resettlement
1. For the purchase of commercial housing to serve the resettlement, units assigned to arrange resettlement purchasing contract or purchase order contract of commercial housing projects with investors to announce Hotel for people resettled under the following provisions:
a) Where the units assigned to arrange resettlement housing purchase contracts signed in with one investor, who arranged for resettlement signed sales contract, lease or lease-purchase housing units ;
b) If the units assigned to arrange resettlement contract purchase order the investor housing, the relocation is arranged directly contracted housing purchase with investors on the basis of content agreed in the contract in order to buy houses;
c) Investors of construction projects of commercial housing shall have procedures suggest state agencies authorized to issue certificates for the purchase, lease-purchase housing specified in points a and b of this Clause , unless the buyer, voluntary housing leasing procedures for certificates.
2. For the use of social housing in order to arrange resettlement, who are eligible for resettlement implementation hiring, leasing, purchase of social housing under the provisions of this Law.
3. The Government shall detail the construction, the purchase of commercial housing or social housing for housing relocation service, the type of housing and housing standards in the area, on the subjects and conditions are arranged housing, order and procedures for handing over the housing and the management and use of houses for resettlement service.
Section 5
HOUSING DEVELOPMENT OF HOUSEHOLDS AND INDIVIDUALS
Article 42. Requirements for housing development of households and individuals in rural areas
1. Be consistent planning construction of rural residential area, connected with technical infrastructure of residential areas and ensure hygiene requirements and environment.
2. The construction or renovation of existing housing have combined with the preservation and conservation of traditional residential architecture and consistent with customary practices, production conditions of each region, each region, domain.
3. Households and individuals can only build houses on land in his legal.
4. In case of construction of houses in the project must be consistent with the construction of detailed planning of the project has been approved. For the region requires a construction permit, design documents, they must comply with the content of the construction permit, design documents are approved.
5. The provincial People's Committee to consider and support a portion or all of funds from the budget to households and individuals to preserve, maintain and renovate housing in the region need to preserve the value of technology arts, culture and history.
Article 43. Requirements for housing development of households and individuals in urban areas
1. Must have land use rights in legal, housing and renovated, rebuilt under the provisions of law on construction.
2. The construction or renovation of existing housing to suit the construction of detailed planning, urban design. For housing requires a construction permit must be built according to construction permit.
3. The construction of housing to ensure connection with the technical infrastructure of the region, requires sanitation, environment, housing architecture and do not affect the adjacent buildings.
Article 44. Land for housing development by households and individuals
1. Land in legitimate household, personal or rented or borrowed by organizations, households and individuals to build houses.
2. Land in the State to build housing under the provisions of the land legislation.
3. Land in the State compensation when land is recovered according to the law of the land.
Article 45. Method housing development of households and individuals
1. Households and individuals in rural areas of housing construction done according to the following method:
a) Self-organized building or leasing organizations and other individuals or organizations building or individual housing construction support;
b) Cooperation to help each other build houses.
2. Households and individuals in urban areas of housing construction done under the following methods:
a) Self-organized building or leasing organizations and other individuals or organizations building or individual housing construction support;
b) rental units and individuals with capacity-building activities to build housing for the case law on construction requires units and individuals have the capacity to perform construction;
c) Cooperate renovation and gentrification, including housing.
Article 46 Standards and quality of household housing individuals
1. The house must be built on a parcel of land is eligible for the area to build houses under the law of the land.
2. Households and individuals in urban areas have to perform construction and renovation of houses under the provisions of law on construction and be responsible for quality housing.
Where permitted to construct houses with two or more floors where each floor is designed, built between two older-style apartment closed, have qualified construction floor area per apartment minimum follow regulations, building standards and have an area under private ownership, the common area of the home owned apartment under the provisions of this law, the State shall recognize the right of ownership for each apartment in the housing there.
3. Separate houses with duration of use is determined based on the level of construction works and the actual condition of the housing.
When the house was heavily damaged, with danger of collapsing, no safety guarantee for the user is performing the demolition under the provisions of Section 4 of Chapter VI of this Act.
Article 47. Responsibility of families and individuals in the development of housing
1. To comply with the order and procedures for renovation and construction of houses under the provisions of law on construction.
2. To implement the provisions on hygiene and environment in the process of renovation and construction of housing.
3. To ensure the safety of people and property of adjacent households during the construction or renovation of housing; case of damage, pay compensation in accordance with law.
4. Households and individuals if the construction of houses for rent, lease purchase or to sell, they must implement the provisions of Chapter VIII of this Law.
5. Perform other responsibilities as renovation and construction of housing in accordance with the law.
Article 48.- Households and individuals cooperate to help each other build houses, renovation of gentrification
1. Households and individuals that help each other cooperative housing construction or renovation and gentrification in which housing with financial capability, labor, materials and labor contributed by members Cooperation group.
2. The members of the cooperative group must agree on how the contribution of capital, labor, materials, time taken, rights and obligations of membership and commitment to implementation of the partnership agreement.
CHAPTER IV
POLICY ON SOCIAL HOUSING
Section 1
GENERAL PROVISIONS
Article 49. Subjects receiving public support for social housing
The following subjects if they meet the conditions specified in Article 51 of this Law shall enjoy supportive policies for social housing:
1. Persons who contributed to the revolution under the provisions of the legislation deals with persons of the Revolution;
2. Households poor and near poor in rural areas;
3. Households in rural areas, often in areas affected by natural disasters and climate change;
4. Low-income people, the poor and near poor in urban areas;
5. Employees are working at businesses in and outside industrial parks;
6. The officers, professional officers, noncommissioned officers and technical expertise, professional soldiers, workers in agencies and units of the people's security and the people's army;
7. Officials and public servants as prescribed by law for public employees and officials;
8. The objects were returned home in the civil service as defined in paragraph 5 of Article 81 of this Law;
9. Pupils and students of academies, universities, colleges and vocational training; Students boarding school public housing used during the study;
10. Households and individuals subject to land acquisition and site clearance, demolition of houses under the provisions of the law which has not been compensated by the State housing and land.
Article 50. Forms implement support policies for social housing
1. Support to settle lease, lease purchase or sale of social housing to those defined in paragraphs 1, 4, 5, 6, 7, 8 and 10 of Article 49 of this Law; for those specified in Clause 9 of Article 49 of this Law shall only be rented social housing.
2. Assistance under the program on housing objectives to those defined in paragraphs 1, 2 and 3 of Article 49 of this Law building or renovating, repairing residential properties.
3. Supports residential land exemption, reduction of land use in accordance with the law on land or donate housing for those defined in paragraphs 1, 2 and 3 of Article 49 of this Law.
4. Support for concessional loans of the State through social policy bank, credit institution designated by the State to the objects defined in paragraphs 1, 4, 5, 6 and 7 of Article 49 Construction of this Law or renovating, repairing houses for shelter.
Article 51. Conditions for receiving public support for social housing
1. For the case provided for in paragraph 1 of Article 50 of this Law must meet the conditions of housing, residence and income according to the following provisions:
a) Never house owned by her, not buy, lease or lease-purchase social housing, not receiving public housing assistance, land in any form at home, studying or have houses under their ownership but the housing area per capita in households below the minimum housing area specified by the Government in each period and each region;
b) Must have registered permanent residence in the provinces and cities under central authority where social housing; absence of permanent registration, they must be registered for temporary residence from one year in the province, the city, except for cases stipulated in Clause 9 of Article 49 of this Law;
c) For the subjects specified in paragraphs 4, 5, 6 and 7 of Article 49 of this Law shall be liable to pay income tax are not frequently prescribed by law on personal income tax; case are poor, near poor, it must be in near poverty as stipulated by the Prime Minister. For those defined in paragraphs 1, 8, 9 and 10 of Article 49 of this Law shall not request must meet income conditions as stipulated in this point.
2. For the cases specified in paragraph 2 and 3 of Article 50 of this Law must meet the conditions stipulated in the decision approving the program objectives in their respective home state agencies competent .
3. For the cases specified in paragraph 4 of Article 50 of this Law must meet the conditions of housing and residence in accordance with the following provisions:
a) land but no housing or housing, but housing has been damaged, dilapidated;
b) Is registered permanent residence in localities where land, build housing need reconditioning or repair.
Article 52. The principle of supporting the implementation of policies on social housing
1. The implementation of supportive policies for social housing must meet the following guidelines:
a) There is a combination of state, communities, families and objects supported in the implementation of policies;
b) Ensure openness and transparency, with the inspection and strict supervision of competent state agencies and community rights;
c) Ensuring the correct object, eligible under the provisions of this Act;
d) Where a beneficiary support many different policies, the policy enjoys the highest support; Where the object of the same criteria and conditions, the object is disabled, women are given priority assistance before;
e) In the case of households with more subjects enjoying many supportive policies only apply a policy to support the household.
2. The provincial People's Committee responsible for implementation and test and inspect the implementation of policies to support social housing in the province.
Section 2
POLICY DEVELOPMENT AND MANAGEMENT FOR SOCIAL HOUSING FOR RENT AND LEASE PURCHASE FOR SALE
Article 53. Forms of social housing development
1. State investment in the construction of social housing in the state budget, national bonds, bonds, funds official development assistance, concessional loans from donors, investment credit capital State development or construction in the form of build - transfer on land that is determined to build social housing in accordance to lease, lease purchase.
2. Enterprises, cooperatives invested capital build social housing for rent, lease purchase or to sell or buy, rent houses for workers in their units but with the lease details State under the provisions of paragraph 1 of Article 58 and Article 59 of this Law.
3. Households and individuals to invest capital in building social housing on land in their legitimate to lease, lease purchase or sell but have the preference of the State as stipulated in Article 58 of this Law.
Article 54. Requirements for investment projects construction of social housing
1. Meet the requirements stipulated in Article 19 of this Law; case of social housing construction program has no plans of housing development is approved, provincial People's Committees to submit comments by the Council at the same level before the investment policy decisions housing construction projects.
2. The provincial People's Committee to plan a separate area to set up investment projects in building social housing for rent.
3. For projects in social housing construction in the area that do not have to set up investment projects construction of social housing for rent exclusively to the provisions in paragraph 2 of this article, the investor must spend at least 20% area of social housing in the project to lease; investors are entitled to incentives to build rental housing under the provisions of paragraph 1 of Article 58 of this Law, for the area of 20% of social housing for rent and sell houses to people who are rent regulations on sale of social housing after a period of 05 years lease.
4. Project construction of social housing should be state agencies competent management and control of the quality and standards of size, rent, rental purchase, sale price and the approval objects to rent, lease or purchase of houses.
Article 55 Type and standard social housing area
1. As condominiums or individual houses consistent with the detailed planning to build a competent state agencies for approval.
2. Where is the individual houses must be designed and constructed according to standards, building codes and standards in the area of social housing.
3. Where is the condominium, the apartment must be designed and constructed in a closed type, to ensure the standards, building codes and standards in the area of social housing.
Article 56. The land to build social housing
1. Upon approval of urban planning, rural construction planning, construction planning industrial parks, research and training areas, the Commission authorized people planning approval shall have clearly defined area land to build social housing.
2. Land and information about the area, sites dedicated to social housing development should be publicly available on the electronic portal of the provincial People's Committee and authorities level house province.
3. Land for social housing development include:
a) the State has allocated land for building houses for rent, lease purchase and sale;
b) The land is leased by the State to build housing for rent;
c) Land in investment projects in the commercial building, which investors must spend to build social housing under the provisions of Clause 2, Article 16 of this Law;
d) Land in legitimate organizations, households and individuals use to build social housing.
Article 57. Owner of construction projects of social housing
1. With regard to social housing by the capital invested or forms prescribed in Clause 1 of Article 53 of this Law, the Ministry of Construction if the investment funds of the central or state management agencies at the provincial level if the investment of local competent persons report investment decisions decide the investors.
2. With regard to social housing investment is not funded by or forms specified in Clause 1 of Article 53 of this Law, regulatory agency reporting provincial level People's Committees to make a selection investors stipulated as follows:
a) Where the State allocates or leases land to build social housing, the implementation of select investors through a tender process if there are two or more investors registered as an investor or just the investor if the investor has only one registered as an investor;
b) In case of set aside land for investment projects in commercial building to build social housing under the provisions of Clause 2, Article 16 of this Law, the investor allocated construction projects of commercial housing have direct responsibility for the construction of social housing, except for the State to use this land for allocation to other organizations performing construction of social housing;
c) Where the enterprises, cooperatives have legal rights to use land, suitable for housing construction plan, qualified as an investor and wish to build social housing, enterprises, cooperatives that are assigned as investor projects in social housing construction;
d) In the case of social housing construction to arrange for employees to work in an industrial zone in the infrastructure business enterprises industrial or manufacturing enterprises in industrial parks or businesses having the function Real estate entrusted by the State as an investor of the project.
3. For families and individuals wishing to invest in building social housing on land in their legitimate, households and individuals that carry out the construction of social housing.
4. Investors build social housing provisions in paragraphs 1, 2 and 3 of this Article shall have to build social housing under the provisions of this Law.
Article 58. Incentives project investors build social housing
1. The enterprises or cooperatives to invest in social housing construction is not funded by or forms specified in Clause 1 of Article 53 of this Law to lease, lease purchase or sale shall be entitled to the benefits following details:
a) Exemption from land use, land rent for the land allocated by the State or leased for the construction of social housing;
b) Exemption or reduction of value added tax, corporate income tax under the provisions of tax legislation; case construction of social housing for rent shall be reduced by the value added tax, corporate income tax more than the case of construction of social housing for rent to buy, sell;
c) Being soft loans from the Social Policy Bank, credit institutions operating in Vietnam; case of social housing construction for lease, a loan with a lower interest rate and loan term longer than the case of construction of social housing for rent to buy, sell;
d) Was the provincial People's Committee to support the entire or part of the funds invest in building infrastructure systems within the building projects of social housing; case of social housing construction for lease, supported the entire budget;
e) Other incentives prescribed by law.
2. Households and individuals to invest capital in building social housing for rent, lease purchase or to sell enjoy preferences defined in paragraph 1 of this Article to meet the following requirements:
a) Construction of housing under construction planning agency authorized to approve and ensure the infrastructure connected with the housing sector;
b) in accordance with the standards, building codes and standards in the area of social housing;
c) selling prices, rents, rent buy houses based on the tariffs by the provincial People's Committee issued domicile.
Article 59. Incentives for organizations to take care housing for workers
1. Where an enterprise or cooperative industrial production, service or rent housing buy housing for allocation to employees of his business in which not collect rent or collect rent with rents do not exceed rents of social housing by the provincial People's Committee issued the purchase cost of housing or housing rent is calculated as a reasonable cost in production costs when calculating corporate income tax.
2. Where an enterprise or cooperative industrial production, self service housing construction to arrange for employees of his business in which not collect rent or collect rent prices rent does not exceed rents of social housing by the provincial People's Committee issued, in addition to the incentives provided for in paragraph 1 of Article 58 of this Law, enterprises are also the costs of housing construction in the price production when calculating corporate income tax.
Article 60. Determination of rent, rent social housing purchased by the State Investment
The determination of rents, rent buy social housing investment by the State in the form of capital or the provisions of Clause 1 of Article 53 of this Law shall be implemented as follows:
1. In case of rental housing, the rent shall be full cost of maintenance of housing; cost recovery of capital investment in the construction of housing in the minimum period of 20 years from the date of signing the lease; for student housing, students are hired only cover the costs of managing and operating and maintenance costs, excluding the cost recovery of capital investment in the construction of houses;
2. Where the lease purchase houses, the purchase price shall be full rent cost recovery of capital investment in the construction of housing in the minimum period of 05 years from the date of signing the lease purchase;
3. No charges for land use, land rent for the land area of social housing construction;
4. The competent authority specified in Clause 2 of Article 81 of this Law stipulated rent, rent social housing purchase.
Article 61. Determination of rent, rental purchase and sale prices of social housing is not due to the construction of the State
1. For social housing construction is not funded by or forms specified in Clause 1 of Article 53 of this Law, rent, lease rates, housing prices are determined as follows:
a) social housing rents by investors determined on the basis of full cost of maintenance of housing; cost recovery of capital investment in the construction of housing, interest (if any), profit norms prescribed by the government and did not include details of the State specified in paragraph 1 of Article 58 of this Law;
b) The purchase of social housing rent is determined under the provisions of this clause, except for housing maintenance costs by leasing payment as stipulated in Clause 1 of Article 108 of this Law;
c) Selling social housing projects by investors determined on the basis of full cost recovery of capital investment to build housing, interest (if any), profit norms prescribed by excluding government and state incentives specified in Clause 1 of Article 58 of this Law;
d) Investors build social housing construction is responsible and reports People's Committees of provinces where social housing organizations rent valuation, rental purchase, sale price before the announcement.
2. With regard to social housing by households and individuals investing in the construction, the investor determine rent, rental purchase and sale prices to ensure observance of the provisions in point c paragraph 2 of Article 58 of the Law This.
Article 62. Principles of leasing, lease purchase or sale of social housing
1. The lease, lease purchase or sale of social housing to the provisions of this Act; in the same time, each object defined in Clause 1 of Article 50 of this Law may be renting or leasing or purchasing a social housing; for students at boarding schools are not required to pay public housing rents and services used in the process.
2. The term of the lease of social housing at least 05 years; payment term rental social housing purchase a minimum of 05 years from the date of signing the lease purchase of housing.
3. The lessee, lease-purchase social housing may not sell, lease, lend, rent houses in time, leasing; if lessees, leasing is no longer need to lease or hire purchase houses, the termination of the contract and must be returned to this house.
4. The lessee purchase, buyers of social housing may not resell houses within a minimum of 05 years from the time of payment of all rent buy, buy houses; case within 05 years from the date the purchaser, lessee purchase paid-up purchase, lease purchase houses that have sold this housing need only be sold to management units of social housing or sell objects that are eligible for social housing purchase if this unit does not purchase with a maximum price of social housing sale price of the same type in the same location, the time of sale and not have to pay personal income tax workers.
5. The purchaser, lessee buy social housing resale housing market mechanism for objects that demand after a period of 05 years, since the paid-up money to buy, rent to buy houses in and were granted certificates but must pay land use fees as stipulated by the Government and pay income tax under the provisions of tax law; selling case for those entitled to purchase social housing provisions of this Law shall only be sold at a maximum price of social housing sale price of the same type in the same location, the time of sale and not paying income tax personal income.
For families and individuals eligible for resettlement by hire purchase, buy social housing, the housing resale market mechanism for those in need after paying all cash purchase , rental and purchase housing but issued certificates of land use fee payable to the State as prescribed by the Government and must pay income tax under the provisions of tax law.
6. All cases of lease, lease purchase or sale of social housing are not regulated by this Law, leases, hire purchase, house purchase have no legal value and the lessees, leasing, purchase must be handed over housing units of social housing management; not hand over the case of housing, the People's Committee of the province where the housing enforcement organizations to recover such houses.
The handling of the rent, buy houses shall comply with the provisions of the civil law; handling rental social housing purchase is done according to the provisions of Article 135 of this Law.
Article 63 Sale, lease, lease-purchase social housing
1. Investors of construction projects of social housing chosen by sale, lease purchase houses in the future form of housing available or sold.
2. The sale and lease-purchase social housing form in the future must comply with the following conditions:
a) Following record investment projects of housing construction, technical design approved housing and construction permits if subject to building permits;
b) Completed the construction of the foundations of houses completed in accordance with the law on construction and completion of the system construction of roads, water supply, drainage, electricity, electric lighting public housing sector is selling or leasing under construction detailed planning, design documents and the progress of the project has been approved; was unwinding in case of investors that mortgage this house, except with the buyer, hire purchase and the mortgagee agrees;
c) The written notification of regulatory bodies at the provincial level on the eligibility of housing sold, except for social housing by the State with the capital provisions of Clause 1 of Article 53 of this Law .
3. The lease, lease purchase or sale of available social housing must comply with the following conditions:
a) The area houses for rent, lease purchase or sale has completed the construction of technical infrastructure and social projects under construction detailed planning, design and advanced profile the project has been approved; if the investor has the right residential mortgage collateral before sale and lease buy this house, except with the buyer, hire purchase and the mortgagee agrees;
b) The written notice of the authorities at the provincial house of housing eligible for sale, lease, lease purchase, except for social housing by the State with the capital provisions in Clause 1 of Article 53 of this Law;
c) Housing eligibility provisions in point b and c, Clause 1 of Article 118 of this Law.
4. Investors of construction projects of social housing is not contracted rent social housing formed in the future; case housing eligibility provisions in points a and b of paragraph 2 of this Article, investors may sign a contract of deposit and collect rent deposits at a maximum of 12 months' rent provisional; the contracting housing rent deposits to ensure correct objects and conditions for renting social housing provisions of this Law. After the housing is eligible under the provisions of paragraph 3 of this Article, the investors signed the tenancy agreement signed in with a deposit contract.
5. The buyer of advance payment of social housing provisions of this Article shall be performed as agreed in the contract of sale in accordance with the completion rate of housing construction and implementation schedule the project was approved, but the total amount advanced by the buyer does not exceed 70% of the value in purchasing the houses before handing over to the buyer and may not exceed 95% of the house value to purchase before buyers are granted certificates for such housing.
6. The Government shall provide detailed proof of the object, condition receiving public support for social housing, the construction, purchase commercial houses for social housing, housing types and standards in the area of social housing, tax relief and credit incentives for case build social housing for rent, the lease, lease purchase, sale, management and use of social housing Assembly.
Article 64. Management and use of social housing
1. With regard to social housing by the capital invested or forms prescribed in Clause 1 of Article 53 of this Law, the agency managing social housing deciding operation management unit housing; cases where two or more units registered participants, the selection unit housing operation management is done on the principle of tendering.
2. With regard to social housing construction is not funded by or forms specified in Clause 1 of Article 53 of this Law, the management and operation of housing is defined as follows:
a) social housing for rent, investors organize themselves manage and operate housing or rent, for unit trusts capable operational management in accordance with this Law shall manage the operation there;
b) Social housing for hire purchase, within lease purchase, the investor perform operational management of housing under the provisions of this clause; after the tenant has paid enough money buy leasing to investors, the management and operation shall comply with the provisions in point c of this paragraph;
c) Social housing for sale, home buyers in executing the management operation if the individual houses; condominiums cases, they must comply with the regulations on management and operation of the condominium provisions of this Law.
3. The operational management of social housing operators enjoying such preferential treatment for public utility services.
4. Units managing social housing operators may trade in other services in the area of social housing which are not prohibited to discount service operation management houses.
Section 3
SOCIAL HOUSING POLICY FOR HOUSEHOLDS AND INDIVIDUALS OWN OR BUILDING RENOVATION, REPAIR FOR IN
Article 65 Policies on housing support for families and individuals to build or renovate, repair to in
1. State support households and individuals specified in paragraphs 1, 2 and 3 of Article 49 of this Law or renovating build and repair houses for through targeted programs on housing.
2. Policies to support housing for those defined in paragraph 1 of this Article shall be implemented as follows:
a) support part of the capital from the state budget;
b) Support preferential credit loans from the Bank for Social Policies;
c) Support the development of infrastructure in the housing sector in rural areas;
d) To support allocation of exemption or reduction of land use fees as stipulated by the law on land for land in case no;
e) provides housing support for those that with the support specified in point a and point b of this clause has no financial ability to improve their housing conditions.
3. State support for preferential loans through the Social Policy Bank, credit institutions designated by the State to households and individuals specified in paragraphs 1, 4, 5, 6 and 7 Article 49 of this Law or renovating build and repair houses for shelter.
Article 66. Forms implement support policies on housing for families and individuals to build or renovate, repair to in
1. Households and individuals to organize construction or renovation and repair of housing.
2. The State shall organize the construction or rehabilitation of housing for people with disabilities is the case, people living alone without the ability to build or renovate and repair housing.
Chapter V
FINANCING FOR DEVELOPMENT HOUSING
Article 67. The funds serve housing development
1. The capital of organizations, households and individuals.
2. Loans from the Bank for Social Policies, credit institutions, financial institutions operating in Vietnam.
3. The purchase, rental purchase, rent in advance in accordance with this Law.
4. The capital contribution in the form of capital contributions, investment cooperation, business cooperation, joint venture, association of organizations and individuals.
5. State capital includes capital central and local funds to support housing for those entitled to social welfare through targeted programs on housing and housing construction through in society to lease, lease purchase.
6. Capital mobilized from abroad and other legal sources.
Article 68 Principles for mobilizing capital for housing development
1. The form must be appropriate to mobilize capital for each type of housing under the provisions of this Law. Cases raising capital improper form and does not meet the conditions for each type of housing under the provisions of law on housing does not have legal value.
2. Organizations and individuals to raise capital are eligible to raise funds in accordance with the law on housing.
3. To ensure publicity and transparency; protect the legitimate rights and interests of organizations and individuals with capital for housing development.
4. Organizations and individuals must use the capital raised to proper housing development purposes, the unused funds raised for other projects or other purposes.
5. Capital serves for housing development and implementation of social housing policy should be managed in accordance with this Law, relevant legislation and by agreement of the parties.
6. The Government shall detail the mobilization, content, conditions and forms of raising capital for the development of each type of housing.
Article 69. Capital serves commercial housing development
1. Capital owned by an investor.
2. Funds raised through the form of capital contributions, investment cooperation, business cooperation, joint ventures, affiliate organizations, households and individuals.
3. The purchase, rental purchase, rent in advance under contract of sale, lease or lease-purchase housing in the future formation.
4. Loans from credit institutions, financial institutions operating in Vietnam.
Article 70. Funds for implementation of social housing policy
1. investor's capital or capital raised in the form of capital contribution and investment cooperation, business cooperation, joint ventures, affiliate organizations, households and individuals.
2. Capital of subjects entitled to support policies on social housing.
3. Capital of the State specified in paragraph 1 of Article 53 of this Law.
4. State support funds directly to beneficiaries of social housing policy; State capital concessional lending through the Bank for Social Policies, the credit institution designated by the State.
5. Capital support from the Fund and other legal resources.
Article 71. The funds for housing development in the civil service
1. State Budget includes central budget and local budgets.
2. Other sources in accordance with law.
Article 72. The funds for housing development to serve resettlement
1. investor's capital or capital raised in the form of capital contribution and investment cooperation, business cooperation, joint venture, association of organizations, households and individuals.
2. Investment capital of the State specified in paragraph 3 of Article 36 of this Law.
3. Capital Development Fund land.
4. Capital from compensation, support and resettlement when performing clearance as stipulated by law.
5. Capital mobilized from other lawful sources.
Article 73. The funds for housing development by households and individuals
1. Capital of households and individuals.
2. Capital cooperation between households and individuals; Capital support from families, communities.
3. Loans from credit institutions, financial institutions operating in Vietnam.
4. The capital of the State support for the case of receiving public support for social housing stipulated in Article 65 of this Law.
5. Capital support from other legal sources.
Article 74. Preferential Loan Bank through social policies to develop social housing
1. State support for soft loans with low interest rates and long-term lending period through funding from the budget for social policy bank to implement targeted programs on housing and construction Social housing.
2. Social Policy Bank to be done to mobilize savings deposits of households and individuals in the country needs to buy, rent to buy social housing for these objects preferential interest loans and Long-term loan period after a certain time savings.
3. Social Policy Bank to set up separate accounts to manage and use capital for the right purposes specified in paragraph 1 and paragraph 2 of this article.
4. The Ministry of Construction, Ministry of Labour - Invalids and Social Affairs is responsible for participating in the management of funds and manage the use of funds stipulated in paragraph 1 and paragraph 2 of this article.
5. The Government shall detail this article.
CHAPTER VI
MANAGEMENT AND USE OF HOUSING
Section 1
GENERAL PROVISIONS ON MANAGEMENT AND USE OF HOUSING
Article 75. Content management, residential use
1. Prepare, store and manage documents on housing.
2. Homeowner insurance.
3. Management and use of housing valuable art, culture and history.
4. To manage and use the houses under state ownership.
5. Warranty, maintenance, renovation and demolition of houses.
Article 76. Compiling dossiers on housing
1. Owners of houses or people are using houses if not identified the owner or organization assigned to manage the state-owned shall prepare and store records in accordance with the provisions in Clause 2 of this Article and Article 77 of this Law.
2. Profile of housing is defined as follows:
a) For housing in urban and rural areas were created before July 1, 2006, there must be proof of the legally established housing or information, the list of housing under the provisions of Housing law;
b) With respect to housing in urban areas created since July 1, 2006, the house records including proof of the legally established housing; Papers identified the consultant, construction units, design drawings, drawing houses, land, construction completion dossiers under the provisions of law on construction (if any);
c) For rural housing be created since July 1, 2006, the house records including proof of the legally established houses and drawings, drawing houses and land (if any);
d) In the case of housing construction project, the records include records of housing projects and housing construction completion dossiers under the provisions of law.
Article 77. Archives and records management houses
1. Organizations and individuals filing for housing is defined as follows:
a) Owners of houses or people are using houses if not identified the owner or organization assigned to manage the state-owned responsible recordkeeping housing;
b) regulatory agencies at the district level are responsible for storage of records in households and individuals in the country, the Vietnam residing abroad in the area;
c) regulatory agencies at provincial level are responsible for filing housing organizations in the country, foreign organizations, foreign individuals and investment projects of housing construction in the province.
2. State agencies competent to carry out the procedures for certificates should be responsible for providing information on housing provisions of Clause 2, Article 76 of this Law for housing authorities to establish the same level Profile houses.
Provincial People's Committees are responsible for the coordination provisions provide housing information between competent authorities to carry out procedures for certificates and housing authorities locally to ensure consistency housing information, residential housing in the records.
Article 78. Housing Insurance
1. The State encourages owners of housing insurance. For houses on the list of establishments in danger of fire or explosion under the provisions of the law on fire prevention and firefighting, the homeowner has to buy insurance in fire and explosion required.
2. Forms, insurance premiums and housing insurance period shall comply with the provisions of the law on insurance business and the law on fire prevention and fighting.
Article 79.- Management and use of housing valuable art, culture, history
1. The value in art, culture, history, including old villa regardless of form of ownership is determined as follows:
a) The state of the bodies competent to rank as historical - cultural national or provincial level;
b) Housing is not eligible for the provisions in this clause but on the list of the provincial People's Committee for approval at the request of the competent authority as stipulated in paragraph 2 of this article.
2. The provincial People's Committee set up a council consisting of representatives of agencies in architecture, construction, culture, provincial, professional associations and related scientists to determine the criteria and list of works housing valuable art, culture and history in the province for approval.
3. The management and use of housing provisions in paragraph 1 of this Article shall comply with the provisions of this Law and the law on cultural heritage; case houses under state ownership, they must comply with the provisions of Section 2 of this Chapter.
4. Funding for the management, conservation, maintenance and renovation of housing those specified in paragraph 1 of this Article and houses under state ownership by the State budget.
For dwelling houses prescribed in Clause 1 of this article, except for houses under state ownership, depending on the specific conditions of local, provincial People's Committee decided to support partial or full funding for the owner to manage, preserve, maintain and renovate housing.
Section 2
MANAGEMENT AND USE RESIDENTIAL PROPERTY UNDER STATE
Article 80. The types of houses under state ownership
1. State civil service in the construction or purchase by the state budget or established under state ownership as prescribed by law.
2. in order to serve the State for resettlement by investing in funds or forms prescribed in Clause 3 of Article 36 of this Law.
3. Social housing investment by the State in the form of capital or the provisions of Clause 1 of Article 53 of this Law.
4. Older Housing construction by the state budget or capital originating from the state budget or the establishment of state-owned and are for households and individuals under the legal provisions housing law.
Article 81.- Management and use of houses under state ownership
1. Housing owned by the state must be used for proper purposes, effective, avoid losses and waste; the sale, lease, lease purchase, recovery and management of housing, use of housing owned by the state must comply with the provisions of this Law.
2. The following is representative of the owner and is responsible for managing the state-owned:
a) The Ministry of Construction management in public service, social housing has been invested by central funds; Ministry of Defence, Public Security administration in the Ministry of Defense, Ministry of Public Security Investment;
b) People's Committees at provincial level management is invested in local funding and managing housing delivery in the province.
3. Operational management and operation of housing owned by state enterprises or cooperatives with operational management functions performed at home and enjoy the incentives as for public services. The selection unit housing management and operation of state-owned agency authorized by the provisions of paragraph 2 of this Article decision.
4. duty houses shall only be used for rental, for social housing is built for lease, lease purchase; case no longer needs to use or to move to other locations that are not subject to demolition or construction should reinvest social housing, the Ministry of Construction is responsible for the evaluation report to the Prime Government decided to convert utility and performance management for lease or sale as stipulated in this Law.
5. Tenants in the civil service is no longer eligible for rent housing or moved elsewhere or violations of regulations on management and use of housing that are subject to recovery must be returned duty houses for the State.
Who returned home from duty if not subject to the housing recovery due to violations prescribed at Points a, e and h, Clause 1, Article 84 of this Act and no houses in inhabited after return home, the civil service agencies and organizations that are directly managing and using these people have the responsibility to coordinate with the People's Committee of the province where they live based on the specific situation to solve Rentals , lease purchase, buy social housing or to their allocation in housing construction.
6. The Government shall detail the lease, lease purchase and sale of housing, the exemption or reduction in rent and the management and use of housing owned by the state.
Article 82. Subjects and conditions for renting, leasing, buying houses under state ownership
1. Subject to rent, lease, buy houses under state ownership is defined as follows:
a) Persons specified in Clause 1 of Article 32 and paragraph 9 of Article 49 of this Law may be rented housing;
b) The subject matter specified in paragraphs 1, 4, 5, 6, 7, 8 and 10 of Article 49 of this Law shall be considered solved lease, lease-purchase social housing;
c) Persons specified in Clause 10 of Article 49 of this Law if not rent, lease, buy social housing, it is resolved rent, lease, buy houses for resettlement service;
d) Who is actually using old house stipulated in paragraph 4 of Article 80 of this Law shall be resolved rent or buy a home there.
2. Conditions for renting, leasing or purchase of houses owned by the state is defined as follows:
a) Those who are tenants in public service must meet the conditions specified in Clause 2 of Article 32 of this Law;
b) Those who are renting, leasing social housing must meet the conditions specified in paragraph 1 of Article 51 of this Law; if the object specified in Clause 10 of Article 49 of this Law shall also not be liable to arrange housing and land resettlement;
c) Those who are renting, leasing, buying houses for resettlement service subject to land acquisition, clearing houses under the decision of the competent state authority and not rent, lease, buy social housing;
d) Those who are renting or buying old houses have been actually used for such housing and who need to rent or buy housing.
Article 83. Rent, lease purchase and sale of houses under state ownership
1. The lease, lease purchase and sale of houses under state ownership to ensure publicity and transparency; in addition to compliance requirements stipulated in Article 82, Article 84 and the provisions on transactions, leasing, hire-purchase housing in Chapter VIII of this Law shall also perform the following regulations:
a) If the housing rent must perform duties prescribed in Article 33 of this Law;
b) In case of lease, lease purchase and sale of houses for resettlement service must implement the provisions of Article 35 and Article 41 of this Law;
c) In case of lease, lease purchase or sale of social housing, they must implement the provisions of Article 62 and Article 63 of this Law;
d) In case of leasing or selling the old house, the house that had no complaints, disputes over the right to use and subject to lease or sold under the provisions of law on housing.
2. The contract for leasing, hire purchase, house purchase must contain prescribed in Article 121 of this Law. The signing of the contract are defined as follows:
a) In case of purchase, hire-purchase social housing or housing purchase contract is signed, the former between purchasers and leasing with housing authorities;
b) In case of renting, leasing and sale of houses for resettlement service, the contract was signed between the resettled with units assigned to arrange resettlement;
c) If the tenants in rented housing consists of old, tenants in public service, social housing tenants, the contract was signed between the lessee with housing authorities or units assigned to manage the operation there.
Article 84. Withdrawal of houses under state ownership
1. Recovery of houses under state ownership is performed in one of the following cases:
a) Sell, lease or lease-purchase housing ultra vires, incorrect object or do not qualify under the provisions of this Act;
b) The duration leasehold lessee no longer need to rent or when both parties agree to terminate the lease, lease-purchase housing;
c) The lessee, the lessee to purchase return home they are renting, leasing;
d) The lessee is no longer eligible for the rent in accordance with the provisions of this Act;
e) The lessee has declared dead or missing by the court but no one is living together; Rentals in the case when people are hired for duty houses have declared dead or missing by the court;
e) The lessee, lease-purchase housing not paid rent in from 03 months without good reason;
g) Housing leasing, hire-purchase and subject to demolition to renovate and rebuild as decided by state agencies authorized;
h) The lessee, the lessee to purchase housing used for improper purposes as agreed in the lease agreement in either voluntarily convert, sell, lease, lend or arbitrarily Housing Demolition, building extensions , renovation and demolition of houses is renting, leasing.
2. Persons who are leasing, hire-purchase housing subject to revocation as provided for in paragraph 1 of this Article shall hand over housing units assigned to housing management; not hand over the case of housing, the agency representing homeowners in deciding coercive recovery; Provincial People's Committees are responsible for organizing the enforcement of this housing recovery within 30 days from the date of issue of coercive recovery.
Section 3
WARRANTY, MAINTENANCE, RENOVATION HOUSING
Article 85. Warranty housing
1. Organizations and individuals housing construction to house warranty in accordance with the law on construction; organizations and individuals that provide housing facilities to the appliance warranty period specified by the manufacturer.
In case the construction of houses for sale or lease purchase, the seller, lessor housing house warranty liability as stipulated in paragraph 2 and paragraph 3 of this article. The seller, lessor has the right to request housing organizations and individuals for construction, equipment supply perform warranty liability as prescribed by law.
2. Housing is warranted since completed the construction and put into use and acceptance with the following schedule:
a) For condominiums, the minimum is 60 months;
b) For individual houses, the minimum is 24 months.
3. Content house warranty covers repair or fix the damaged frames, columns, beams, floors, walls, ceilings, roofs, terraces, stairways, paneled sections, paving, plastering, supply system grade fuel, electricity supply system, power supply lighting, water tank and water supply systems, septic tanks and sewerage systems, domestic waste, recovery of tilting, subsidence, cracking , loss of housing and other content as agreed in the sales contract, lease-purchase housing. For other devices attached to the housing, the seller, lessor home warranty, repair and replacement within the period prescribed by the manufacturer.
Article 86. Housing Maintenance
1. Owners of houses have responsibility to carry out maintenance of housing; cases not identified, the owner managed, responsible use of such housing maintenance.
2. The housing maintenance must be done according to the provisions of this law and the law on construction; for housing the provisions of Clause 1 of Article 79 of this Law, they must comply with the law of architecture, planning and legislation on repair, preservation and restoration of historical and cultural .
3. Owners, perform maintenance unit housing must guarantee the safety of people and property and to ensure hygiene and environment in the process of maintenance of housing; Housing circumstances maintenance of state-owned, they must comply with the provisions of Article 90 of this Law.
Article 87. Housing Improvement
1. The owner of the house is renovated houses under their ownership; who are not home owners in renovating houses only if the owners agree.
2. The renovation of housing must comply with the provisions of this law and the law on construction; case law stipulates must be plans to improve housing, they must comply with the approved project. For the state-owned housing, the renovation must comply with the provisions of Article 90 of this Law.
3. For houses prescribed in Clause 1 of Article 79 of this Law, the renovation must comply with the provisions of the law on planning, architecture and cultural heritage management; case law stipulates must be competent authorities for approval before renovation, the owners, the housing authorities must comply with the written approval of the competent authority.
4. For the old villa on the list provided for in paragraph 1 of Article 79 of this Law, must also comply with the following provisions:
a) Do not change the original state of the villa;
b) Do not be dismantled if not badly damaged, with danger of collapsing under the inspection conclusion of regulatory bodies at the provincial level; case of demolition to rebuild it must follow the original architecture, using the correct materials, building density, number of floors and the height of the old villa;
c) Do not create more texture to increase or expand the area, occupied space outside the villa.
Article 88. The rights and obligations of house owners in the maintenance and renovation of housing
1. Owners of houses have the following rights in the maintenance and renovation of housing:
a) To conduct the maintenance, improvement or hire organizations and individuals to carry out maintenance and renovation; case law to be given by the individuals capable of performing construction practice is to hire units and individuals have the capacity to carry out maintenance and renovation;
b) Require state agency authorized to issue building permits in case of construction permits, facilitating maintenance and renovation of housing as eligible under the provisions of law construction;
c) To exercise other rights as prescribed by law.
2. Owners of houses have the following obligations in the maintenance and renovation of housing:
a) To abide by the provisions of the law on maintenance and renovation of housing; enabling the owners of other houses perform the maintenance and renovation of their houses;
b) Compensation for other people in case of damage;
c) Perform other duties as prescribed by law.
Article 89. Maintenance, renovation of houses are for rent
1. The lessor has the right to housing improvement when housing the consent of the tenant in, except for emergencies or for reasons of force majeure; lessee are responsible for housing lessor perform maintenance, renovation of houses.
2. The lessor is entitled to adjust reasonable rents after the end of the rehabilitation if the remaining lease time from a third term of the tenancy agreement or under; in case the tenant does not agree with the price adjustment, shall have the right to unilaterally terminate the contract and receive compensation for damage as prescribed by law.
3. Where the tenant at that location in order to perform maintenance or renovation of houses, the parties agreed on temporary housing and rental housing during maintenance, renovation; Where the self-rent housing accommodation and has paid rent for the entire term housing maintenance or improvement of housing, the lessor must pay back the money to the tenant in. Time maintenance or renovations not included in the term of the lease housing. Lessees are continuing housing tenants at the end of the maintenance and renovation of housing.
4. Housing lessee may request the lessor housing housing maintenance, unless otherwise damaged housing caused by the lessee; lessor case no housing maintenance, the lessee is entitled to maintenance but must be notified in writing to the lessor at least 15 days in advance. The written notice must specify the level of maintenance and implementation cost. The lessor must pay maintenance costs for the tenant in or deducted on the rent.
Article 90. Maintenance, renovation of houses owned by the state
1. The maintenance and renovation of housing must be state agencies competent to approve and must comply with the provisions of this law and construction law.
2. Where the renovation of houses are for rent, comply with the provisions of Article 89 of this Law; otherwise written consent of the housing authorities to allow the tenant to spend their own funds in order to renovate the houses to be renovated part still state owned, organizations assigned management there shall refund to the lessee amortize into housing or rental housing.
Article 91. Maintenance, renovation of houses under common ownership
1. The owners of houses under common ownership has the right and responsibility to maintain and renovate houses under common ownership in proportion to their ownership; case unidentifiable part ownership of each owner under common ownership, the responsibility of maintenance, rehabilitation is divided equally among the owners. The maintenance and renovation of houses under common ownership must be the owners agree.
2. Funds for the maintenance and renovation of common ownership is divided in proportion to the ownership of each owner, unless the owner agreed. For condominium owners have much to contribute funds, the maintenance of common ownership shall comply with the provisions of Article 108 of this Law.
Section 4
DEMOLITION HOUSES
Article 92. The case houses must be demolished
1. Housing badly damaged, with danger of collapsing, no safety guarantee for the user has concluded testing quality management agencies at the provincial level where the house or in state of emergency level, disaster prevention.
2. in the case referred to in paragraph 2 of Article 110 of this Law.
3. Housing subject to clearance to land acquisition under the decision of the competent state authority.
4. Housing construction in the area by building or construction on land which is not in accordance with the planning of land was competent state agencies for approval.
5. Housing and subject to demolition under the provisions of law on construction.
Article 93. Responsibility for the demolition of houses
1. Owners of houses or people management, use of housing are responsible for the demolition of houses; cases must be cleared houses to rebuild new houses or other buildings, the investor works shall have the demolition of houses.
2. Homeowner in executing the demolition of housing if qualified under the provisions of law on construction or leasing organizations and individuals capable of building demolition.
3. Where the demolition of apartment houses to renovate, rebuild new condominiums, they must comply with the provisions of Section 2 of Chapter VII of this Act.
4. The People's Committees of communes, wards and townships (hereinafter referred to as the commune-level People's Committee) is responsible for monitoring and supervising the demolition of houses in the locality.
Article 94. To request the demolition of houses
1. To move people and assets from the demolition area.
2. There must be a solution billboards and isolated surroundings.
3. To ensure the safety of people, property and surrounding buildings, public utility shall not be dismantled and ensure hygiene and environment in accordance with the law.
4. Not to perform the demolition of houses located in residential area in the period from 12 hours to 13 hours and from 22 hours to 05 hours, except for emergencies.
Article 95. Forced demolition of houses
1. Where housing must be dismantled as stipulated in Article 92 of this Law the owner of housing, the investor works or who are managing or using involuntary conduct the demolition of houses, the body competent state authority specified in paragraph 2 of this Article enforcement decision issued demolition of houses.
2. Authority to issue enforcement decisions demolition of houses are defined as follows:
a) Chairman of the district People's Committee issued the enforcement decision for demolition case in order to recover the land specified in Clause 3 of Article 92 of this Law, individual houses demolition specified in paragraphs 1, 4 and 5 of Article 92 of this Law;
b) The Chairman of the provincial People's Committee issued a decision enforced in case of condominiums demolition provisions in paragraphs 1, 2, 4 and 5 of Article 92 of this Law.
3. The district-level People's Committees are responsible for organizing forcibly demolished houses under the enforcement decision demolition of houses stipulated in paragraph 2 of this article.
4. Funding forcibly demolished houses are defined as follows:
a) The owner or person in the management and use of housing or building owner must bear the costs of forcible demolition and other costs related to the demolition;
b) In the case of housing owners, who manage and use housing, the investor does not pay, the work of state bodies competent to issue enforcement decisions to apply coercive measures assets to ensure funding for the demolition.
Article 96 The residence of the owner of the house be demolished
1. Owners must take care housing as housing accommodations are dismantled.
2. Where the demolition of houses subject to land acquisition, the owner's accommodation is solved according to the policy of resettlement housing when the State recovers land under the provisions of this law and land law belt.
3. Where the demolition of apartment houses to renovate, rebuild new condominium, the domicile of the owner have been demolished condominiums are resolved according to the provisions of Article 116 of this Law.
Article 97. Demolition of houses currently for rent
1. The rental housing demolition must notify in writing the lessee thereof at least 90 days before performing the demolition, except for emergencies or dismantled under administrative decisions of state bodies authorized.
2. In case of demolition to rebuild housing lease term, the lessor is still responsible for the lease arranged other accommodation during the demolition and reconstruction of housing, unless the lessee agreed to take care of accommodation. After completion of construction of housing, the lessee may continue to lease the contract expires, unless the lessee has no tenant demand continues to be there; Where the lessee shall take care housing do not pay the rent in time demolished and rebuilt, while demolition and rebuilding is not included in the term of the lease housing.
Chapter VII
MANAGEMENT AND USE OF CONDOMINIUMS
Section 1
MANAGEMENT, USE AND MAINTENANCE OF CONDOMINIUMS
Article 98. Classification of condominiums
1. Condominium is classified into different categories to determine the value of the condominium when the management or trading on the market.
2. The Minister of Construction shall provide for the classification and recognition and classification of the condominium.
Article 99. Expiry date condominium
1. Shelf life is determined condominiums based on grade construction and quality inspection conclusion of regulatory agencies in the province where the condominium as defined in paragraph 2 of this article. Provincial People's Committee and allocate funds to implement housing quality inspection.
2. Upon expiry condominiums used in accordance with the law on construction or badly damaged, there is danger of collapsing, does not ensure safety for users, the regulatory bodies at the provincial level must hold accreditation apartment buildings to handle them according to the following provisions:
a) In case of condominiums also ensure the quality and safety for the user, the owner continues to use the period stated in the conclusion of verification, except as provided for in paragraph 2 and 3 of Article 110 of this Law;
b) In the case of condominiums were badly damaged, with the risk of collapse, no longer guarantee the safety of users, the housing authorities must enact provincial quality inspection conclusions and Committee reports Provincial People's Committee to notify in writing the owner of the house; text message must be publicized on the Portal's e-People's Committee and regulatory authorities at the provincial level on the mass media of the locality.
Condominium owners are responsible for demolition to renovate and rebuild new condominiums or handed over to the competent authorities for the demolition and construction work as stipulated in paragraph 3 of this article.
3. The handling of condominiums and land use rights of condominiums subject to the provisions in Clause 2 of this article are defined as follows:
a) Where there is an apartment area is still consistent with planned housing construction, the owners were renovating and rebuilding new condominium as defined in Section 2 of this Chapter;
b) Where there is an apartment land unsuitable for housing construction plan, the condominium owners to hand over the apartment building to the competent authority for demolition and construction work Other approved planning;
c) Where the condominium owners do not abide by the demolition or not handover houses, Chairman Provincial People's Committee decided to forcibly demolished or forced to move to hand over the house;
d) The settlement of accommodation for the owners of condominiums have been demolished are made under the provisions of Article 116 of this Law.
Where demolition to rebuild the apartments, the owners continue to implement the land use rights of the apartment; demolition case to build other buildings, the disposal of land use rights condominiums are carried out in accordance with the law of the land.
Article 100. The private ownership and common ownership of the condominium
1. The private ownership in condominiums include:
a) The area within the apartment including balcony area, Lot Sale apartment attached to it;
b) Other areas in condominiums are recognized as proprietary to their owners condominiums;
c) The system of technical equipment used exclusively attached to the apartment or attached to other areas under private ownership.
2. The common property of the condominium includes:
a) The remaining area of the apartment building outside the area under private ownership stipulated in paragraph 1 of this Article; the community living in the apartment;
b) space and system bearing structures, technical equipment in the condominium shared including frames, columns, load-bearing walls, house walls, walls dividing the apartments, floors, roofs, courtyard rooftop, corridor, stairs, lifts, escape routes, cage litter, technical box, power supply system, water supply, gas, communications systems, radio and television, sewerage , Sump, lightning, fire and other parts not belonging to private ownership of the condominium owners;
c) infrastructure systems outside but is connected to the apartment, except for the technical infrastructure used for public purposes or subject to handing over to the state or investment management the contents of the approved projects;
d) The public utilities in the condominium area but not subject to the construction business or be handed over to the State the contents of the approved projects include general courts, gardens, parks and Other projects identified in the content of the investment projects of housing construction is approved.
Article 101. Parking and determination using the flat area, another area in condominiums
1. Parking is catering to the owners, users condominiums include automobiles, two-wheeled motor vehicles, three-wheeled motor vehicles, bicycles and vehicles for disabled people, the investor must building standards, building codes, design approval and must be used for its intended purpose. The determination of the ownership and use rights to parking be provided as follows:
a) For parking, bicycles for the disabled, two-wheeled motor vehicles, three-wheeled motor vehicles for the owners, who use the condominium is under common ownership, common use of the condominium owners;
b) For Car parking for condominium owners, the purchase, lease purchase apartments or other areas in condominiums decision to buy or rent; purchase or absence shall not rent cars to this site under the management of the investor and the investor are not included in the price or the price of leasing costs for construction site vehicles. The allocation of seats for cars condominium to ensure the principle of priority for condominium owners before then for public parking.
2. Use area apartment or another area of the apartment complex's private owned condominium owners are sized spa area including the walls of the room inside the apartment, balcony area, lots of country (if any) and excluding the walled area of the house, the walls dividing the apartments, with a floor area of columns, technical box is located inside the apartment. When calculating the area of totality balcony floor area; Balcony cases have common walls, the area from the edge of the common wall.
Article 102 condominiums Conference
1. The conference is a conference condominium of owners, users condominium if the condominium owners not attend.
2. condominiums Conference held meetings to decide the content specified in paragraph 3 or 4 of this Article as are eligible under the Regulation on management and use of condominiums by the Minister of Construction Committee onions.
3. For condominiums have many owners, the condominium Conference held meetings to decide the following issues:
a) Nomination, election and removal of members of the Managing Board of the condominium; through, supplement and amend the rules of management and use of the condominium;
b) Approve and supplemented, amended the Regulation on operation of the Managing Board of condominiums; decisions allowance is the responsibility of the Managing Board members and other reasonable expenses for the operation of the Managing Board;
c) Through service price management and operation of the condominium as defined in Article 106 of this law and the use of funds for maintenance of the common property of the condominium;
d) Decision selection operation management unit condominium in case the investor has no function, capacity management and operation of condominiums or functional, operational management capability but do not participate operational management or operational management participate but do not meet the requirements as agreed in the contract signed with service providers Moderators condominiums;
e) To approve the report on activities of management and operation, maintenance activities common ownership of condominiums;
e) decide on other matters related to the management and use of the condominium.
4. For condominium owners have a condominium, the conference was held a meeting to decide the issues specified in clauses a, b and e, Clause 3 of this article.
5. All decisions of the Conference of condominiums on the issues specified in paragraph 3 of this Article is passed by majority rule by voting or voting, are recorded in writing, signed by the chaired the meeting and members meeting secretary condominium Conference.
Article 103 condominiums Moderators
1. For condominium owners have a condominium or more owners but have less than 20 apartments, the owners, who use unified condominiums decision establishing common management board no established residence or condominium board administrator; established case condominium Moderators are made as follows:
a) For condominium owners have a composition Managing Board include representatives owners and users of the condominium;
b) For condominiums have many owners, Components condominium Moderators comply with the provisions in paragraph 2 of this article.
2. For condominiums have many owners that have 20 or more apartments must establish Moderators condominiums. Composition of the Managing Board include representatives of condominiums and condominium owners, representing investors (if any); Where the use of a condominium participating in the Conference, the composition condominium condominiums Moderators can include user.
3. Moderators condominium owners have a organized under self-management model. Moderators condominiums have many owners are organized and operate under the model of Management Board of joint stock company or model of managing board of the cooperative, have legal status, seal and exercise the rights and responsibilities specified in Clause 1 of Article 104 of this Law.
When elected, dismiss members of the Board of Management of condominiums, the owners, who use the condominium not establish a joint stock company or cooperative founded; the election and removal of members of the Board of Management shall be made through the Conference of condominiums under management regulations, use of condominiums by the Ministry of Construction issued.
Article 104. The rights and responsibilities of the Board of Management of condominiums
1. For the condominium there are multiple owners of condominiums Moderators have the following rights and responsibilities:
a) urge and remind the owners, who use condominium in implementing the rules and regulations on management and use of the condominium;
b) Management and use of funds for maintenance of the common property of the condominium in accordance with this Law and the decision of the Conference of the condominium; Conference report condominiums on the revenue and expenditure of this fund;
c) Suggest condominium Conference through service price management and operation of condominiums;
d) Contracted service providers manage and operate the condominium with investors or functional units, capacity management and operation of condominiums after the condominium Conference selection as prescribed in Clause 3, Article 102 of this Law.
Where condominiums are not required to have management units operate as stipulated in Clause 1 of Article 105 of this Act and the condominium Conference Moderators assigned to perform operational management, the Board of Management condominiums worth the collection and expenditure of funds under management and operation of the decision of the Conference of the condominium;
e) To sign contracts with units capable of housing maintenance in accordance with the law on construction to maintenance of the common property of the condominium and monitoring maintenance activities. The maintenance of common ownership may be due to the unit being operational management of condominiums or other entities capable of maintaining prescribed by law for the building implementation;
e) To collect and synthesize opinions and recommendations of users condominiums on the management, use and provide condominium services to coordinate with relevant agencies, organizations and individuals Related considered, resolved;
g) To coordinate with the local government and population groups in building a civilized lifestyle, maintaining order, and social safety in condominiums;
h) To comply with the operation of the Managing Board of condominiums were condominiums Conference adopted, must not dismiss or additional members of the Managing Board of the condominium;
i) shall be entitled to remuneration and other reasonable expenses by decision of the Conference of the condominium;
k) To be responsible before the law, the owners, who use condominium when exercising their rights and responsibilities not comply with the provisions in this paragraph;
l) Perform other duties as assigned condominium Conference that are not contrary to law.
2. For the condominium has an owner, the condominium Moderators exercise their rights and responsibilities as stipulated in Points a, e, g, h, i, k and l, Clause 1 of this article.
Article 105. Management of condominiums operation
1. The management and operation of condominiums are defined as follows:
a) For the apartment building with elevator, the unit can function as, capacity management and operation of condominiums performed;
b) For the condominium without elevator, the Conference decided condominium self-management meeting operational or functional unit rented, capacity management and operation of condominiums made.
2. The operational management unit condominium shall be eligible on the function and capacity in accordance with the following provisions:
a) Established and operating under the Enterprise Law or the Law on Cooperatives and operational management functions condominiums;
b) Must have the professional department of management and operation of condominiums include technical parts, service, security, hygiene and environment;
c) Have the staff and employees to meet the requirements of the management and operation of housing include the construction sector, power engineering, water, fire prevention and firefighting, operation of equipment associated with the condominium and have a certificate of training and retraining of professional knowledge about management and operation of the condominium as prescribed by the Minister of Construction.
3. The operational management unit condominium perform operational management and technical systems, equipment, provision of services to condominiums, condominium maintenance if qualified to perform maintenance and perform other tasks related to the management and operation of condominiums.
4. operational management unit condominium funds collected operational management of the owners, users condominiums at prices specified in paragraph 3 and 4 of Article 106 of this Law; for a condominium owned by the state, the price managed service operation is done under the provisions of clause 5 of Article 106 of this Law.
5. The operational management unit condominium is managed, operated many condominiums in one or more different areas.
Article 106. Price service operation management condominiums
1. The valuation service management and operation of the condominium must be open, transparent and based on the content of the work required operational management, service use for each type of condominium.
2. The operational management services condominium excluding maintenance costs common ownership, the parking costs, the cost of fuel, energy, water, television services, information communications and other professional fees serve the exclusive use of owners, users condominiums.
3. For condominiums have many owners, the service price management and operation of condominiums are defined as follows:
a) If no organization is meeting for the first time, the condominium management service rates condominium operation conducted under the agreement in the contract of sale, lease-purchase housing;
b) Where is the conference held condominiums, the price managed service operated by the Conference condominium condominiums decision.
4. For condominium owners have a service price management, the condominium is done under an agreement between owners and users of the condominium; case of condominiums owned by the state, the service price condominium management is carried out in accordance with paragraph 5 of this article.
5. The provincial People's Committees are responsible for promulgating bracket operation management services condominium to apply to the following cases:
a) Revenue expenditure management and operation of condominiums owned by the state in the area;
b) As a basis for the parties in the contract of sale, the lease purchase houses or in the event of a dispute about the price of services between operational management unit condominium owners, users use of condominiums; case no agreement is price management and operation services of condominiums, the frame rate applies in service prices by the provincial People's Committee issued.
Article 107. Maintenance of condominiums
1. Maintenance of condominiums include maintaining private ownership and maintenance of common ownership. Condominium owners are responsible for maintenance of private ownership and contribute funds to perform maintenance of the common ownership of the condominium.
2. contribute funds for the maintenance of the common ownership of condominiums have many owners comply with the provisions of Article 108 of this Law; the use of funds for maintenance of the common ownership has several owners shall comply with the provisions of Article 109 of this Law.
3. The content of maintenance, maintenance procedures and maintenance records management condominiums comply with the provisions of law on construction.
Article 108. Funds for maintenance of the common property of the condominium have multiple owners
1. Expenditures for maintenance of the common property of the condominium has many owners are defined as follows:
a) For apartments, other areas in the condominium where investors sell, lease purchase, investors have to pay 2% of the apartments or other areas sell and lease purchase; This amount is calculated on the sale, rental home that the buyer purchase, leasing pay being handed over and is clearly stipulated in the sales contract, lease-purchase agreement;
b) For apartments, other areas in the apartment building where the investor retains not sell, not lease purchase or sale yet, not a lease purchase to date and put into use condominium, except areas under common ownership, the investor must pay 2% of the apartments, the area retained; share values are calculated at cost price highest apartment of the apartment complex.
2. Where maintenance costs specified in paragraph 1 of this Article is not sufficient to perform general maintenance ownership of condominium, the condominium owner is responsible to contribute more funds corresponding to area under private ownership of each owner.
3. Where an investor signed sales contract, lease an apartment or another area of the apartment complex before July 1, 2006 but not yet collected funds for maintenance of the common property of the condominium owners Residential condominiums Conference meeting to agree on the contribution of this funding; funding contributions can be paid monthly on deposit accounts at credit institutions operating in Vietnam by the Managing Board condominium or be closed up when incurred maintenance work.
4. Where an investor signed purchase agreement, lease purchase apartments or other areas in condominiums after July 1, 2006, but in the sales contract, lease-purchase housing without funding agreement maintenance, the investor must pay this amount; in case sales contract, lease purchase houses that purchase price, excluding leasing price maintenance costs, the owner shall pay maintenance funds under common ownership in accordance with clause 3 of this article.
5. Where there condominiums mixed use residential and business division is separate different functional areas in the same building including apartments functional areas, functional areas of business, service and every functional area has common ownership is separate from the joint ownership of the building, the management, independent operators, investors and buyers, leasing apartments or other areas in the condominium agreement in the contract of sale, leasing division ratio maintenance costs common ownership into sections for management and use in accordance with clause 4 of Article 109 of this Law.
Article 109. Management and use of funds for maintenance of the common property of the condominium have multiple owners
1. For the maintenance costs specified in Clause 1 of Article 108 of this law, within 07 days from the date of collection of funds from purchase, lease purchase apartments or other areas in condominiums, owners Investment shall send to the account opened in savings deposits of credit institutions operating in Vietnam to manage this fund and notify regulatory authorities in the provinces where the condominium known.
Within 07 days from the date of the condominium board was established, the investor must transfer maintenance costs including interest rates on deposits for the Management Board to carry out the management and use in accordance this Law and inform the management agency said the provincial housing; case investors do not hand over this funding, the Board of Management of condominiums may request the People's Committee of the province where there is an apartment of coercion to force investors to perform handover prescribed by the government.
2. The fund maintenance provisions of Article 108 of this Law may be used for maintenance of the common ownership of the condominium, not used for the management and operation of apartment houses and other purposes; condominiums case of demolition that maintenance costs unused shall be used to support resettlement or put into maintenance funds the common ownership of new condominiums after being rebuilt.
3. Managing Board responsible condominium management, use of funds for maintenance purposes, proper maintenance items to the maintenance plan were condominiums Conference adopted annually. The use of funds for maintenance of the common property must have the financial bill, with payment and settlement in accordance with the law of finance and to report condominiums Conference.
Managing Board members condominiums have decided to use funds not properly defined in paragraph 2 of this Article and this paragraph shall be handled in accordance with the law and to pay damages.
4. The management and use of funds for the maintenance stipulated in Clause 5 of Article 108 of this Law shall be defined as follows:
a) For the funding to maintain the common ownership of the building and common ownership of the apartments shall be transferred to the account by the Managing Board of condominiums up to manage and use prescribed in this article;
b) For the funding to maintain the common ownership of the business, the service, the owners of the business district, self-management services, used to maintain the common ownership of these functional areas .
Section 2
DEMOLITION FOR REHABILITATION CONDOMINIUMS, APARTMENT HOUSE BUILDING AGAIN
Article 110. Cases condominium demolition to renovate and rebuild the condominium
1. Condominium subject to demolition to renovate and rebuild the condominium as stipulated in Clause 2, Article 99 of this Law.
2. Condominium damaged but not subject to demolition, but in the area to perform renovation or construction of housing in sync with subject to demolition under the provisions of paragraph 1 of this Article according to plan construction approval.
3. Condominium ineligible specified in paragraphs 1 and 2 of this article, but are all the owners agreed to rebuild demolition condominium through the Conference new condominiums.
Article 111. Planning for rehabilitation and reconstruction of condominiums
1. The People's Committee of the province where the condominium is responsible for reviewing, statistics of condominiums in the area; elaboration and approval of improvement plans and reconstruction of condominiums subject to the provisions of Clause 1 and Clause 2 of Article 110 of this Law.
2. Plan renovation and reconstruction of condominiums may be established and approved separately or identified in development plans of local housing and must be publicized in the mass media of Local, on the electronic portal of the provincial People's Committee, regulatory agencies at provincial level and notified to the residential, communal People's Committee where the condominium.
Article 112. Requirements for the demolition of apartment houses to renovate, rebuild condominiums
1. The demolition to renovate and rebuild the condominium right in the cases specified in Article 110 of this Law, in accordance with the construction planning and program development plans of local houses have been approval.
2. Before carrying out demolition to renovate and rebuild the condominium, investors must organize the resettlement plan to report the provincial People's Committee where the condominium approval. Resettlement plans must be notified to the residential area where condominiums are dismantled, was publicized on the mass media, local, on electronic portal of the People's Committee and regulatory agencies at the provincial level.
3. The renovation and reconstruction of the apartment building must be carried out under the project; when demolition to renovate and rebuild the condominium must incorporate renovated housing in the area of projects under construction planning approval.
4. In case of renovation and reconstruction of condominiums owned by the state, it must be the competent authority for approval and must comply with the provisions on rehabilitation and reconstruction of houses under state ownership.
Article 113. The form of renovation and reconstruction of condominiums
1. Enterprise business real estate investment or contribution and the owners have condominiums defined in Article 110 of this Law to renovate and rebuild the condominium, except where homeowners Condominium defined in Clause 1 and Clause 2 of Article 110 of this law fail to observe the demolition.
2. The State shall implement coercive demolition and direct investment in the renovation and reconstruction of the apartment building with funds or forms prescribed in Clause 3 of Article 36 of this Law for cases stipulated in Clause 1 and Clause 2 of Article 110 of this law that condominium owners who fail to observe the demolition.
Article 114. Investors rehabilitation projects, reconstruction of condominiums
1. The selection of investment projects on renovation and reconstruction of the apartment building is done as follows:
a) If the State invests in funds specified in Clause 3 of Article 36 of this Law to renovate, rebuild apartments, housing authorities reporting provincial competent investment decisions decided to choose an investor;
b) If the State investment in the renovation and reconstruction of the apartment building in the form of build - transfer of the provisions of Clause 3 of Article 36 of this Law, regulatory agencies at provincial level People's Committees report Provincial decision to select investors in the form of tender if there are two or more investors registered as an investor or contractor appointment if only investors registered as an investor;
c) Where the business of real estate investment capital contributing renovated and rebuilt apartments, condominium owners and business unit agreements as an investor and suggested the agency house management reporting provincial level People's Committees for approval.
2. The selection of investment projects on renovation and reconstruction of the apartment building is only done after the planned renovation and rebuilding condominiums provincial People's Committee for approval.
3. Where the rehabilitation and reconstruction of condominiums defined in points b and c of paragraph 1 of this Article, the investor must be eligible under the provisions of Article 21 of this Law.
Article 115. Option to arrange resettlement demolition of condominiums
1. Where condominiums have an owner that is leased is arranging accommodation for the tenant, be carried out under an agreement between owners and tenants.
2. If a condominium with multiple owners that have the participation of the business of investment real estate business, the owners of condominiums and businesses the disposition agreement resettled under the principle provisions of Article 116 of this Law to report the People's Committee of the province where the condominium approval.
The condominium owners must organize meetings condominiums Conference to agree plans to arrange resettlement before reporting provincial-level People's Committee where the condominium approval.
3. In the case of condominiums subject to the provisions of Clause 1 and Clause 2 of Article 110 of this law that the owner does not abide by the demolition of the People's Committee of the province where the enforcement of housing demolition and the elaboration and approval of the disposition of resettlement on the principles prescribed in Article 116 of this Law.
Article 116. Disposition resettlement housing
1. The allocation of resettlement for owners of condominiums subject to demolition to renovate and rebuild the condominium is done as follows:
a) If the owner does not have need of resettlement on the spot, depending on the specific conditions of localities that are arranged housing, land resettlement in accordance with the provisions of Article 36 of this Law;
b) If the owner of the resettlement needs to be arranged on the spot, new housing has an area at least equal to or greater than the former housing area.
If the State to invest in renovating, rebuilding condominiums that difference in value between the old and new housing in the payment difference value is performed according to plans arranged resettlement approved; if enterprise business real estate owners and investment agreement renovated or rebuilt condominiums, the payment difference value is performed as agreed between the parties;
c) The allocation of housing resettlement is done through leases, hire-purchase, house purchase was signed between the resettlement arrangement with units assigned to arrange resettlement if so State investments; signed with project investor if the enterprise by business real estate investment and construction;
d) In addition to the resettlement arrangements as prescribed in this paragraph, the layout of resettlement is being considered for assistance under the provisions of the law on compensation, support and resettlement.
2. arrange resettlement for the owners to demolish a condominium building works that are done under the provisions of Article 36 of this Law.
3. If the State investment in the renovation and reconstruction of the condominium project, the investor must worry temporary accommodation or pay for resettled people fend accommodation during renovation and construction to stop; business case business real estate owners and investment agreement renovate and rebuild the condominium, the parties agreed on the temporary accommodation of the owners during renovation or rebuilding.
4. The Government shall detail the demolition of apartment houses to renovate, rebuild the condominium and housing placement for people to be resettled.
CHAPTER VIII
TRANSACTIONS ON HOUSING
Section 1
GENERAL PROVISIONS ON THE EXCHANGE OF HOUSING
Article 117. Forms of housing transactions
Housing transactions include the purchase form, rent, lease-purchase housing, transferring contracts trading house purchase, donation, exchange, inheritance, mortgage, capital contribution, loan, authorization for temporary stay and housing management.
Article 118. Conditions of participation in the transaction
1. Transactions of purchase, lease purchase, donation, exchange, mortgage or contribute capital with houses, housing must meet the following conditions:
a) Certificate as prescribed by law, except as provided for in paragraph 2 of this Article;
b) not be subject to disputes, complaints and claims for property rights; are under the ownership of housing for home ownership case in a term;
c) No distrained for judgment or may not be attached to executive administrative decision had legal effect of state agencies authorized;
d) no subject has decided to land acquisition, has announced clearance, demolition of houses by the competent authority.
The conditions stipulated in point b and c of this paragraph shall not apply to the case of purchase, hire-purchase housing in the future formation.
2. Transactions for housing following housing is not required to have certificates:
a) Purchase and sale, mortgage housing formed in the future;
b) To organize the donation to the charity, the love;
c) Purchase and sale, lease purchase houses under state ownership; purchase, leasing social housing, housing for resettlement serves not under state ownership; house sale specified in clause 4 of Article 62 of this Law;
d) For rent, lend, give-up, house management authorization;
e) To receive the inheritance of the house;
e) Transfer of contract of sale of commercial housing project built in the construction of housing, including case has taken delivery of housing from investors but has not filed proposals State agencies authorized certificate for such housing.
The proof of housing conditions involved in transactions specified in this paragraph shall comply with the provisions of the Government.
3. In the case of rental housing, apart from the conditions prescribed at Points b, c and d, Clause 1 of this Article, the housing must also ensure the quality and safety of the Houses, with full system electricity, water supply and drainage, ensuring environmental hygiene.
Article 119. Conditions of the parties to the transaction on housing
1. The sale, lease or lease-purchase housing, transferring contracts trading house purchase, donation, exchange, bequeath, mortgage, capital contribution, loan or temporary stay, authorization management Housing Management must have the following conditions:
a) The owner or his residential permit holders, authorized to carry out transactions on housing under the provisions of this law and civil law; transfer case housing purchase contracts traded there must be people who buy houses by investors or people who transferred the house purchase contract;
b) If an individual must have full capacity for civil acts to perform transactions on housing under the provisions of civil law; if the organization must have legal personality, except where organizations donated to the charity, the love.
2. The purchase, lease or hire purchase housing, the assignee contract of sale of commercial housing, received exchange, donation, inheritance and capital contributions, mortgage, loan, in thanks, was regulatory authorization in the individual must have the following conditions:
a) If the individual is in the country must have the capacity for civil acts to perform transactions on housing under the provisions of civil law and is not required to have registered permanent residence in the area where traded;
b) If you are a foreign individual, the Vietnam residing abroad must have the capacity for civil acts to perform transactions in accordance with the provisions of the law of Vietnam, be entitled to base own houses in Vietnam under the provisions of this Act and is not required to have temporary residence registration or permanent registration in the area where the transaction.
3. The purchase, lease or lease-purchase housing, the assignee contract of sale of commercial housing, received exchange, donation, inheritance, mortgage and capital contributions, is authorized management in the organization must have legal personality and does not depend on where the business registration, where established; the case is held abroad must be subject to own houses in Vietnam under the provisions of this Act; if the organization is authorized to manage the housing, they must have functional business real estate services and is operating in Vietnam under the provisions of the law on real estate business.
Article 120. The order and procedures for implementation of housing transactions
1. The parties to the transaction agreement established housing sales contract, lease, hire purchase, donation, exchange, mortgage, capital contribution, loan, give in, authorized management of houses or office transfer the contract of sale of commercial housing (hereinafter referred to as the housing contract) contain provisions of Article 121 of this Law; Where organizations donated to the gratitude, love, only the donation documents.
2. The parties agree to a performing party filing suggest state agencies authorized to issue certificates for that house; case purchase, lease housing project investor, the investor shall have procedures for state agencies authorized to issue certificates to the purchaser, lessee purchase, unless the purchaser, lessee to purchase voluntary procedures for issuance of the certificate.
3. The State agency authorized to perform certificate to the purchaser, lessee buyer or donate or exchange and capital contributions, inherited houses with land use right transfer in legitimate home there, while recognizing the ownership of housing and land use rights to the ownership of housing.
Article 121. Contracts for housing
Housing contract agreed by the parties and must be made in writing and include the following:
1. Full name of the individual, the organization's name and address of the parties;
2. Characterization of trading houses and land plots characteristics of housing in association with it. For contract purchase, contract hire purchase of apartments, the parties must indicate the common ownership, common use; using area under private ownership; Floor Area apartment building; use of common ownership, common use of the condominium purpose-driven design initially approved;
3. The value of the capital contribution, the transaction price of housing if there is agreement on the contract price; case of sale, lease or lease-purchase housing that state price regulations, the parties shall comply with such regulations;
4. duration and method of payment if the case of purchase, lease, lease purchase, transfer housing purchase contracts;
5. housing delivery times; housing warranty period if the purchase or lease purchase of investment housing construction; duration of lease, lease purchase, mortgage, loan, give in, authorized management of houses; capital contribution period;
6. The rights and obligations of the parties;
7. The commitment of the parties;
8. Other agreements;
9. The time of entry into force of the contract;
10. The date of signing the contract;
11. Signature and specify the names of the parties, if the organization must be stamped (if applicable) and clearly state the position of the person signing.
Article 122. Notary authentication of contracts and the effective time of the housing contract
1. In case of purchase, donation, exchange, capital contribution, residential mortgage, transfer contract of sale of commercial housing must notarization, authentication, except in cases specified in paragraph 2 This.
For the transactions specified in this clause, the time of entry into force of the contract is the time of notarization and authentication of contracts.
2. In case the organization donated to the charity, the love; purchase or lease purchase houses under state ownership; purchase or lease purchase of social housing, housing relocation service; capital contribution by housing which has a side of the organization; lease, lend, give-up, house management authorization is not required to be notarized, authenticated contract, unless the parties demand.
For the transactions specified in this clause, the time of entry into force of the contract is agreed upon by the parties; Where the parties have not agreed upon the effective time of the contract upon signing the contract.
3. Documents inherit houses notarized or authenticated under the provisions of civil law.
4. The contract for housing stock made in notarial practice organization; validating the housing contract is done at the commune-level People's Committee where the house.
Section 2
HOUSING PURCHASE, SALE AND PURCHASE AGREEMENT TRANSFER HOUSING
Article 123. Trading house purchase, transfer contract of sale of commercial housing
1. The housing purchase contract must be made with the contents specified in Article 121 of this Law. The parties may agree that the seller shall sell houses, land use right transfer in association with such houses in a certain period to the purchaser as stipulated by the Government.
2. Where the purchaser of commercial houses of the investor if the subject has not filed proposals State agencies authorized to issue certificates for such housing and there is demand, transferable contracts sale housing; contractual transferee shall have to fully implement its obligations under the contract of sale housing signed with investors.
Order and transfer procedures, content and writing sample transfer housing purchase contract is performed as prescribed by the Minister of Construction; the transfer of the contract to pay taxes and fees according to the provisions of tax legislation and fees.
Article 124 housing purchase price, transfer price contract of sale of commercial housing
Housing purchase price, transfer price of housing sales contract agreed by the parties and specified in the contract of sale housing and transfer documents on housing purchase contracts; Where the State has provisions on housing purchase price, the parties must comply with their rules.
Article 125. Trading in housing pay deferred
1. The housing purchase deferred payment or installment payment agreement by the parties and specified in the contract of sale housing; while deferred or installment payment, the purchaser is entitled to use housing and responsible maintenance of such houses, except where houses still in the warranty period under the provisions of this Act or the parties Other agreements.
2. The buyer housing pay deferred only perform transactions, donation, exchange, mortgage, capital contributions of this house with others after paid enough money to buy housing, unless If the parties agree otherwise.
Where the repayment term deferred the buyer of the house died, the legal heir is done to the rights and obligations of the buyer of the house and the state agency authorized to issue certificates after the heirs have to pay enough money to buy the house to the seller.
3. Where the purchase of housing needs to return home at the time bought on deferred payment or installment payment and house sellers agree, the two sides agreed upon method to return home and pay back the money buy such houses.
Article 126. Purchase and sale of houses under common ownership
1. The sale of houses under common ownership must have the consent of all the owners; case-owners disagree sell, the other joint owner may request the court to settle in accordance with the law. The joint owners shall have priority purchase, if the co-owners do not buy the house that was sold to someone else.
Where there are joint owners had declared missing by the court, the remaining joint owners may sell such houses; the value of residential property rights of persons declared missing was handled in accordance with law.
2. Where the joint owners sold his ownership share, the other joint owners emptive rights; within 30 days from the date of receiving the notice of sale of house property rights and conditions of sale without any co-owners acquired, the rights are sold to others; violations of pre-emptive rights shall be handled in accordance with the provisions of the civil law.
Article 127. Trading houses are for rent
1. Where the owner is selling houses for rent, it shall notify in writing to the tenant in the know about the sale and the sale of housing conditions; the tenant is entitled to priority in purchase if paid full rent to the lessor by the time of the lessor with notice of the sale of the lease, unless jointly owned housing; within 30 days from the day the tenant received notice in without buying the house owners may sell such houses to others, unless the parties have agreed otherwise on the time limit.
2. Where the lease sale of housing is owned by the state shall comply with the provisions of Section 2 of Chapter VI of this Act.
Article 128. Purchase Housing
When the parties signed the contract of sale of housing but the State needs to buy such houses to be used for purposes of defense and security, national interests, public interests, the Chairman of the People's Committees Provincial issued before deciding to buy such housing. Purchase price, conditions and payment of the purchase method of housing are implemented as agreed in the contract of sale in which the parties have signed. State to pay damages to the parties (if any). Housing purchase contracts signed by the parties no longer valid.
Section 3
RENTAL HOUSING
Article 129. Duration and rent housing
1. lessors and lessees in agreement on the lease term, rent and paying rent form periodic or lump-sum; Where the State has regulations on housing rents, the parties must comply with their rules.
2. Where unexpired lease agreement in which the lessor to perform renovation of houses and the lessee, the lessor agrees may adjust rents. New rents agreed by the parties; case no agreement is reached, the lessor has the right to unilaterally terminate the lease of houses and pay compensation to the lessee in accordance with the law.
3. lessors and lessees in the State protects the lawful rights and interests in the process of leasing and rental housing.
Article 130. Leasing jointly owned house
1. The rental housing under common ownership must have the consent of all the owners of such houses, unless the joint owners of rental housing portion of its ownership.
2. The joint owners may authorize representatives to sign the lease contract housing.
Article 131. The termination case housing leases
1. Where rented housing owned by the state, the termination of the tenancy agreement to be implemented in one of the cases specified in Clause 1 of Article 84 of this Law.
2. Where not rented housing owned by the state, the termination of the tenancy agreement is done in one of the following cases:
a) housing rent contract expires; case the contract does not specify the time limit, the contract terminates after 90 days from the date housing lessor informs the tenant at the termination of the contract;
b) Both parties agreed to terminate the contract;
c) no longer houses for rent;
d) Party Rentals in dead or declared missing by the court that the deceased, missing no one is living together;
e) Housing rentals was heavily damaged, with danger of collapsing or sector has decided to land acquisition, clearing houses or have decided to dismantle the state agency authorized; housing lease subject to state compulsory purchase requisition for use in other purposes.
The lessor shall inform in writing the lessee thereof before 30 days of the termination of the tenancy agreement specified at this point, unless the parties agree otherwise;
e) Termination as provided for in Article 132 of this Law.
Article 132. Unilateral termination of tenancy contract performance in
1. Within the housing rent as agreed in the contract, the lessor may not unilaterally terminate the tenancy and housing recovery is leased, except as specified in paragraph 2 of this article.
2. The rental housing may unilaterally terminate the tenancy and housing recovery is for rent in one of the following cases:
a) The rental housing owned by the state, social housing for rent ultra vires, incorrect object, improper conditions stipulated by this law;
b) The lessee fails to pay the rent in accordance with the agreement from 03 months without good reason;
c) The lessee shall use the house in improper purpose as agreed in the contract;
d) The lessee arbitrarily chiseling, building extensions, renovation or demolition of housing is rented;
e) The lessee conversion, loan, lease housing is rented without the consent of the lessor;
e) The lessee disorganize, sanitation, seriously affecting daily life of those around them was the rental housing or street population group leaders, village heads, village, hamlet, village and hamlet to make a record third time that remains unresolved;
g) Of the cases specified in Clause 2 of Article 129 of this Law.
3. The tenant in unilaterally terminate the tenancy in the housing lessors have one of the following acts:
a) Do not repair houses damaged when heavy;
b) Increase in housing rents unreasonably or increase rents without notice to the tenant in advance under the agreement;
c) When using housing authority is limited by the interests of a third party.
4. The implementation of unilateral termination of the tenancy agreement must notify the other party at least 30 days, unless the parties agree otherwise; if the offense specified in this paragraph, thereby causing damage, pay compensation in accordance with law.
Article 133. The right to continue renting housing
1. Where housing owners die housing lease term, the lessee still continue renting housing to contract expiration. Heirs have the responsibility to continue implementing the housing lease contract signed previously, unless the parties agree otherwise. Where the owner has no legitimate heir as stipulated by law, the houses that are owned by the State and current tenants continue to rent housing regulations on management and use of housing State owned.
2. Where homeowners in housing ownership transfer are leased to others the lease term, the lessee remains in housing continued to contract expiration lease; new home owners have the responsibility to continue implementing the housing lease contract signed previously, unless the parties agree otherwise.
3. When the tenant in the lease term died in are still the same people are living with the tenant in the lease continues until the end of the lease term housing, unless the tenant in the civil service or the parties agree otherwise or the law provides otherwise.
Section 4
BUY RENT HOUSING SOCIETY
Article 134. Procedures for social housing leasing
1. The lease-purchase social housing must be made in agreement with the contents specified in Article 121 of this Law; case of social housing leasing by organizations and individuals to invest in building the leasing contract was signed between the investor and the lessee to purchase; case of social housing leasing of state ownership, the lease contract signed purchase made under the provisions of Paragraph 2 of Article 83 of this Law.
2. At the end of the lease term in accordance with the purchase agreement and the lessee to purchase paid-up funds as agreed, hire purchase lessor must complete the procedures proposed state agency authorized to issue certificates to the leasing, hire purchase unless the voluntary procedures for issuance of certificates.
Article 135. Rights and obligations of the social housing leasing
1. The lease-purchase social housing must implement the provisions of Article 62 of this Law and other obligations as agreed in the contract of hire-purchase housing.
Where termination of the lease by the lessee housing buy housing already handed over, the lessee must return home purchase to lessor; lessee to purchase refundable initial deposit amount, unless otherwise specified in point f and h, Clause 1, Article 84 and paragraph 2 of Article 136 of this Law.
2. Where the lease-purchase housing die, resolved as follows:
a) If there are legitimate heirs living in the same house in which the legal heirs are to continue leasing housing, unless the legitimate heir to voluntarily return home in leasing;
b) If there are legitimate heirs, but not living in the same house in which the lessee buy housing has made two-thirds of the lease term, the purchase of legal heirs are paid the full amount corresponding to one-third of the remaining lease period and state agencies authorized to issue certificates for that house;
c) If there are legitimate heirs, but not subject to the provisions in points a and b of this paragraph, the lessor is entitled to recover housing and legal heir shall be refunded the amount that the lessee purchase filed first in taking prescribed interest rate for non-term interest rates in the interbank reimbursement time;
d) If there is no legitimate heirs, the buyer has paid the rent for the first time under the ownership of the State and the lessor to buy foreclosures in hire purchase to contract hire, hire purchase with entities eligible leased or lease-purchase social housing under the provisions of this Law.
Article 136. Cases of the lease termination and withdrawal of social housing for rent buy
1. Where leasing social housing owned by the state, the termination of the lease and the housing recovery is performed in one of the cases provided for in points a, b, c, e , g and h, Clause 1, Article 84 of this Law.
2. Where the lease-purchase social housing not owned by the state, the lessor may terminate the lease purchase of housing, the housing recovery is for lease in one of the following cases:
a) The lessee shall purchase or sell arbitrarily rental housing lease to others for a period of leasing;
b) The buyer does not pay rent housing from 03 months without good reason;
c) The lessee buy arbitrarily chiseling, building extensions, renovation or demolition of housing leasing;
d) The use of housing leasing improper purposes as agreed in the lease-purchase agreement;
e) Of the cases specified in Clause 2 of Article 135 of this Law;
e) Other cases as agreed by the parties.
3. The lessee buy social housing not subject specified in paragraph 1 of this Article shall terminate the lease as agreed in the contract; case has taken delivery of housing, they must return home to lessor.
Section 5
DONATION FOR HOUSING
Article 137. Donation of houses under common ownership
1. Where donate houses under common ownership consolidation must be approved in writing by all the owners of houses under common ownership.
2. Where donate houses under common ownership by shares, the owners were given only for the houses under their ownership and do not affect the rights and legitimate interests of the homeowner in other commonly owned. After being donated common ownership, the owners of new housing must not affect the rights and legitimate interests of the other joint owners.
Article 138. Donation of houses currently for rent
1. Owners of rental housing is to notify in writing to the tenant in advance of the donation of housing.
2. The tenants in rented housing continued to contract expiration tenant signed with the donor, unless the parties agree otherwise.
Section 6
CHANGE HOUSING
Article 139 Exchange of houses under common ownership
1. The change of houses under common ownership consolidation must be approved by all owners of houses under common ownership.
2. If exchange houses under common ownership by shares, the owners of houses under common ownership housing only convert part of their ownership and ensure no prejudice to the rights and legitimate interests of the other joint owners. After receiving housing part exchange jointly owned, the owners of new housing must not affect the rights and legitimate interests of the other joint owners.
Article 140 Exchange of houses are for rent
1. Owners of rental housing is to notify in writing to the tenant in advance of the exchange houses.
2. The tenants in rented housing continues to expiration of the contract signed with the tenant at the old house owner, unless the parties have agreed otherwise
Article 141. Payment of difference value
When changing housing and housing ownership transfer to another, if there is any difference in value housing housing swap, the parties must pay the value difference, unless the parties agree otherwise.
Section 7
HOUSING INHERITANCE
Article 142. Inheritance houses under common ownership consolidation
Housing consolidated jointly owned by the heirs is one or the owners of houses under common ownership remaining who inherited the house in which testamentary or legal; heir case is not the owner of housing under common ownership consolidation heir be paid the value of the house in which they are inherited, unless the parties agree otherwise.
Article 143. Inheritance houses under common ownership by shares
Houses under common ownership housing portions, part of the inheritance left to be divided among the heirs by will or by law; if houses are sold to share value, the heirs have priority to purchase; if the heirs do not buy the home owners in other commonly owned priority inheritance housing purchase and payment for the heirs value purchased housing.
Section 8
RESIDENTIAL MORTGAGES
Article 144. The mortgagor and the mortgagee housing
1. The owner of the housing is organized in residential mortgage credit institutions operating in Vietnam.
2. Owners of houses are individual in residential mortgage credit institutions, economic institutions operating in Vietnam or individuals in accordance with law.
Mortgage Article 145 houses under common ownership
The mortgage housing under common ownership must be approved in writing by the homeowner in jointly owned, except where residential mortgages under common ownership by shares. The owners of houses under common ownership consolidation has joint responsibility in the implementation of the obligations of the mortgage in accordance with the provisions of the Civil Code.
Article 146 mortgage houses are for rent
1. The owner has the right to mortgage housing is rental housing but must notify in writing to the tenant in advance about the mortgage. Lessees rented housing continued until the end of the lease term housing.
2. Where housing is rent dealt to implement obligations of the residential mortgage, the lease housing continued to contract expiration lease, unless the tenant in violation of the provisions of Clause 2 of Article 132 of this law or the parties have agreed otherwise.
Article 147. Mortgage Investment projects of housing construction and residential mortgages in the future formation
1. Investors of construction projects housing mortgage or housing project built in the project at credit institutions operating in Vietnam to borrow capital for investment projects or construction of such housing ; case the investor has residential mortgages that have mobilized capital needs to divide the housing under the provisions of law on housing or wishes to sell, lease purchase houses that they must unwinding housing before signing to mobilize capital, sales contract, lease-purchase housing with customers, except with the capital contribution, the purchase, hire purchase of housing and the mortgagee agrees.
The determination of housing was unwinding before signing mobilize capital, sales contract, lease-purchase housing with customers as specified in this paragraph is stated in the written notice of eligible housing sold by regulatory agencies in the province where the housing.
2. Organizations and individuals to build houses to be formed in the future on the land plots in their legitimate; organizations and individuals to purchase housing in the form of future investment projects in housing construction by investors to mortgage housing credit institutions operating in Vietnam to serve the construction loan housing or to buy the house in question.
Article 148. Conditions mortgage investment projects of housing construction and residential mortgages in the future formation
1 Conditions mortgage investment projects of housing construction, housing mortgage in the future form is specified as follows:
a) Where an investor mortgage part or all of the investment project housing construction, they must have the project file, with the technical design of the project is approved and has the certificate or decision land allocation, land lease of state agencies authorized;
b) In case the investor residential mortgages in the future formation of the project construction is beyond the conditions specified in this clause, the housing mortgage right subject has built the foundation under the provisions of construction law and not included in the project or the entire project, which investors had mortgaged under the provisions of this clause;
c) Where the organization or individual housing mortgage specified in clause 2 of Article 147 of this law, there must be documentation of land use right certificates in legal according to the law of the land, construction permits up if subject to building permits.
Where residential mortgage future shape of housing purchased by investors in investment projects in housing construction, there must be housing purchase contracts signed with investors, with the transfer documents Housing purchase agreement if the assignee is a housing purchase contract stipulated that proof of purchase money paid to investors in accordance with the schedule agreed in the sales contract and not subject There are complaints, grievances and disputes about the house purchase contract or contract on the transfer of the housing purchase.
2. The mortgage investment projects of housing construction and residential mortgages only formed in the future be carried out under the provisions of this Act; the case of mortgage assets investment project is the construction of housing or housing formed in the future not right with provisions of this Law shall not have legal value.
Article 149 Disposal of property housing project housing construction Mortgage
1. The disposal of collateral housing, including residential mortgage processing in future formation is performed under the provisions of this law, civil law and the relevant law.
2. The disposal of the collateral is investment projects of housing construction is carried out in accordance with civil law and related legislation; organizations and individuals to transfer projects to qualify the project as an investor under the provisions of this Act and shall register with the competent state authority over the project under the provisions of the law on trade real estate business.
Section 9
CAPITAL CONTRIBUTION WITH HOUSING
Article 150 The conditions and procedures for capital contribution by housing
1. The owner or investor housing project built commercial housing may contribute capital in order to participate in the business activities in the areas where the law does not prohibit trading in such housing. The capital contribution by housing right through contracts with the content as prescribed in Article 121 of this Law.
2. Housing capital contribution must be housing available and meet the conditions prescribed in Clause 1 of Article 118 of this Law.
Article 151 Capital contributed in houses under common ownership
1. The capital contribution by housing under common ownership must be the consent of all joint owners.
2. The owners of houses under common ownership and sign a contract with the housing or capital contribution may agree in writing to appoint a representative to sign contracts with housing capital contribution.
Article 152 Capital contribution by housing is rental
1. Owners of rental housing is to notify in writing to the tenant in advance on the capital contribution by housing.
2. The tenants in rented housing continues to expiration of the contract signed with the tenant capital contribution, unless the parties agree otherwise.
Section 10
Lending, TEMPORARY HOUSING
Article 153. Lending, staying under common ownership
1. The loan, for staying under common ownership consolidation must be approved by all owners of such houses; Owner case houses under common ownership by shares shall have the right to borrow, for staying under your ownership of which will not affect the rights of the other joint owners. Housing lender may reclaim houses, parties have the right to stay the termination of the stay by the termination of the contract as provided for in Article 154 of this law and as agreed in the contract.
2. The owners of houses under common ownership may authorize representatives to sign on loan, for staying.
Article 154. The termination case lending or staying
1. Term loan or temporary stay has expired.
2. Housing loan or temporary stay no longer.
3. The loan, staying inside dead or missing according to the statement of the Court.
4. Housing lending or in danger of collapsing due or subject to a clearance decision, demolition or land acquisition for state agencies having jurisdiction.
5. By agreement of the parties.
Section 11
HOUSING MANAGEMENT AUTHORIZATION
Article 155. The contents and scope of the authorization management in
1. Authorize house management is the owner authorizes housing organizations and other individuals to exercise the rights and obligations of owners in the management of housing, use of housing within the authorization. The authorization management in only done for available housing.
2. Content and duration of authorization management, residential use because the parties have agreed and specified in the authorization contract; if the parties can not agree on the duration of the authorization is authorized contract takes effect 01 years from the date of signing the authorization.
3. The house management authorization to pay management costs, unless the parties agree otherwise.
Article 156. Authorization to manage jointly owned house
1. The authorization management jointly owned housing must be consolidated housing owners agree jointly owned; Owner case housing owned in common as they may authorize another person to manage his part ownership of which will not affect the rights of the other joint owners.
2. Owners of houses under common ownership shall have to notify the other owners know the house management authorization, unless the person is authorized to manage housing is also joint owner of the house there.
Article 157. The termination case housing management mandate
1. The authorization contracts expire.
2. Contents of the authorization was made.
3. Housing is no longer authorized to manage.
4. The authorization or authorized parties to terminate the contract unilaterally authorized management in accordance with the provisions of Article 158 of this Law.
5. The authorization or authorized party dies housing management.
6. The authorized management in missing or lost civil act capacity as decided by the Court.
7. By agreement of the parties.
Article 158. Unilateral termination of contract performance management authorization houses
1. The housing authorized management to unilaterally terminate the contract authorized in one of the following cases:
a) If the authorization has cost management, the authorizing party must notify the parties not authorized to know about unilaterally terminate the contract authorized but must pay to the authorized management costs corresponds to the work that authorized parties have made and to pay damages to the authorized parties;
b) If the authorization has no management costs, then the authorization must notify the authorized parties thereof at least 30 days for the unilateral termination of contract performance authorization, unless the parties have agreed upon.
2. The party is authorized to unilaterally terminate the contract authorized in one of the following cases:
a) If the authorization has management costs are not authorized notice to parties know about the unilateral termination of contract performance mandate but must pay damages to the authorization (if any);
b) If the authorization has no management costs, they must notify the authorized company at least 30 days for the unilateral termination of contract performance authorization, unless the parties agree otherwise.
3. The authorization and the authorized parties must inform the relevant third parties know about the unilateral termination of the contract performance management authorization houses.
Chapter IX
OWNERSHIP OF HOUSING IN VIETNAM'S ORGANIZATION AND INDIVIDUALS ABROAD
Article 159. Subjects home ownership and home ownership in the organization in Vietnam, foreign individuals
1. Subject organizations and foreign individuals to own houses in Vietnam include:
a) Organizations and individuals housing construction project in Vietnam under the provisions of this Law and related legislation;
b) Enterprises with foreign investment, branch and representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam (hereinafter referred to as organization foreign country);
c) Foreign citizens are allowed to enter Vietnam.
2. Organizations and individuals to own houses in Vietnam through the following forms:
a) Investment in housing construction project in Vietnam under the provisions of this Law and related legislation;
b) Purchasing, leasing, donation or inheritance of commercial housing includes apartments and individual houses in investment projects of housing construction, except for the area to ensure defense and security in accordance Government regulations.
Article 160. Conditions organizations and individuals to own houses in Vietnam
1. For organizations and individuals specified in paragraph 1 of Article 159 of this law, there must be investment certificates and residential project under construction in accordance with the provisions of this law and the law concerned.
2. For foreign entities specified in Clause 1 of Article 159 of this law, there must be investment certificates or documents related to the licensed activities in Vietnam (hereinafter referred to as Certificates investee) issued by the competent State of Vietnam.
3. For foreign individuals specified in paragraph 1 of article 159 c of this Law shall be allowed entry into Vietnam and not entitled to the privileges and immunities of diplomatic and consular prescribed by law.
4. The Government shall provide detailed proof of the object, the conditions for organization, individuals are entitled to own houses in Vietnam.
Article 161. The right of home owners are organizations and individuals abroad
1. Organizations and individuals specified in paragraph 1 of Article 159 of this law is to exercise the rights of owners of housing under the provisions of Article 10 of this Law; case housing construction on leased land, only to rent housing.
2. Organizations and individuals defined in point b and c, Clause 1 of Article 159 of this Law the rights of homeowners in Vietnam but as citizens must comply with the following provisions:
a) purchase, lease purchase, donation, inheritance and owning no more than 30% of apartments in an apartment building; if the individual houses include villas, semi-detached houses are in an area with a population equivalent of a ward-level administrative units may only purchase, hire purchase, donation, inheritance and ownership not exceeding two hundred and fifty houses.
Where in a region with a population equivalent of a ward-level administrative units that have many condominiums or for individual houses on a street, the Government shall specify the number of apartments, the number of home individual in which organizations and individuals overseas purchasing, leasing, donation, inheritance and property;
b) If the donee, inherited housing ineligible prescribed in Clause 2, Article 159 of this Law or exceed the number of houses stipulated in this clause shall only be entitled to the value of the home there;
c) For foreign individuals shall be owned housing as agreed in the contract of sale transactions, leasing, donation or inheritance in but not exceeding 50 years from the date of issuance certified and can be extended under the provisions of the Government if required; Housing ownership period must be specified in the certificate.
Where foreign individuals married to a citizen of Vietnam or married to a Vietnam residing abroad, the house is owned stable, long-term and have the homeowner's rights as a citizen in Vietnam Male;
d) For foreign entities, the ownership of housing as agreed in the contract of sale transactions, leasing, donation or inheritance housing but not exceeding the time limit stated in the certificate investment for the organization, including extended time; Housing ownership period is calculated from the date the organization was granted the certificate and specified in this certificate;
e) Before the expiration of home ownership in accordance with the provisions of this Law, the owner can give or sell these houses to the entities eligible to own houses in Vietnam; if the duration is owned houses that the owners not to sell or donate the house there owned by the state.
Article 162 Obligations of the homeowners in the organizations and individuals abroad
1. Organizations and individuals specified in paragraph 1 of Article 159 of this Law shall have the obligation of house owners in accordance with the provisions of Article 11 of this Law.
2. Organizations and individuals defined in point b and c, Clause 1 of Article 159 of this Law shall have the obligation of the homeowner in Vietnam but as citizens must comply with the following provisions:
a) For holders are foreign individuals shall be rental housing to be used for purposes not prohibited by law, but prior to rental housing, the owner must give written notice of the housing rent housing management bodies of districts where housing as prescribed by the Minister of Construction and operation pay taxes from rental housing under the provisions of law.
Where foreign individuals married to a citizen of Vietnam or married to a Vietnam residing abroad, they have the obligation of the homeowner in Vietnam as a citizen;
b) For the owner is the only foreign organization used to arrange housing for people working in the organization in, not be used for rental housing, office, or use it other purposes;
c) Implementation of payment for purchase, hire purchase housing through credit institutions operating in Vietnam.
CHAPTER X
INFORMATION SYSTEMS AND DATABASES FOR HOUSING
Article 163. Information Systems housing
Information systems for housing include:
1. Infrastructure housing information technology;
2. Systems Software operating systems, system software and application software;
3. The database of houses.
Article 164. Databases housing
1. The database of houses have been built and unified management from central to local, connected to the database and information on land.
2. Database for housing include the following:
a) The database of the system of legal documents on housing;
b) Database on housing development includes programs and housing development plans, surveys and statistics on housing, basic information on investment projects in housing construction, quantity, type of housing, residential area, land for housing construction;
c) The database of the movements related to the management and use of housing;
d) The other database related to housing.
3. Every 10 years, the government organized the survey, housing statistics with the population census in the country. Midterm survey, census and national housing, government institutions survey, statistics on housing location as the basis for the formulation of housing policies.
4. Basic statistical indicators of housing to be put into the general statistical indicators of the country.
5. Funding surveys, statistics on housing by the state budget secured.
Article 165. The authority, responsible for developing information systems and databases housing
1. The Ministry of Construction is responsible for construction and management and exploitation of information systems, databases national housing; ministries and provincial People's Committees are responsible for coordinating supply data on housing to MOC system update on national housing information.
2. The provincial People's Committees are responsible for organizing the construction, management and exploitation of information systems and databases on local housing and ensuring publicity and information consistency among housing and information on land with such houses.
3. State budget allocate capital investment to build a database system, information about housing and the operation and maintenance of the system database and information on housing; Ministry of Construction proposed to the Prime Minister decided to allocate state funds for the construction, management, operation and maintenance of this system.
4. The Government shall detail the construction, database structure, the information and statistical indicators and the management, operation and exploitation of the database system, information on housing.
Article 166. Management and exploitation of information and databases housing
1. Database for housing must be closely managed to ensure exploitation and efficient use, for the right purpose.
2. The information in the database on housing is the competent authority provides legal value as documents, writing paper.
3. Management Agency databases, information on housing provisions in paragraph 4 of this Article shall create favorable conditions for organizations and individuals wishing to exploit and use information in accordance with the order and procedures prescribed.
Organizations and individuals when there is demand, provided information on housing and funds payable utilization information as prescribed, unless otherwise provided the information requested by the competent state bodies the right to serve state management, service investigation, verification and handling law violations.
4. The Ministry of Construction Management unified database system and information about housing in the nation. Regulatory bodies at the provincial and district performance management database system and information about housing in the province.
Chapter XI
MANAGEMENT OF STATE HOUSING
Article 167 Contents of state management of housing
1. Develop and direct the implementation of strategies, projects, programs and plans for development, housing management.
2. Issuing and organizing the implementation of legal documents on housing, mechanisms and policies for development and management of housing.
3. Develop and promulgate standards, technical regulations, classification and management of quality in housing.
4. To decide the investment policy of housing construction projects; appraisal, approval, adjust, suspend implementation of investment projects in housing construction.
5. Management of property records; fund management houses under state ownership; management of investment projects in housing construction.
6. Surveys and statistics, building a database system, information on housing, management, operation, exploitation and provide databases, information on housing.
7. Research and application of science, technology, law dissemination of knowledge in the field of housing.
8. Training and retraining of human resources development service request management and housing.
9. Manage the activities of housing services.
10. Recognition of training institutions, professional training and professional management and operation of the condominium; complete certification training courses on management and operation of the condominium; recognition of classification condominiums; issuance and revocation of certificates of training, knowledge, expertise and professional in the field of housing.
11. To guide and supervise, examine, inspect and settle complaints, disputes and denunciations and handling violations in housing sector.
12. International cooperation in the field of housing.
Article 168. Building Strategy national housing development
1. On the basis of the economic development strategy - society of the country in each period, the Ministry of Construction is responsible for construction and the Prime Minister approved the development strategy for national housing for each period .
2. Strategic national housing development includes the following content:
a) The view of housing development;
b) Objective The housing development includes a minimum housing area, housing area per capita in urban, rural and national levels; growth rate of housing types; demand area of social housing for those with difficulties in the housing;
c) The tasks and solutions to develop housing, which define the development program housing goals for specific target groups eligible for social housing policy;
d) The responsibility of the authorities at the central and provincial People's Committees in developing and managing housing;
e) other relevant content.
3. The basic criteria for housing development in the Strategic National housing development includes housing area per capita; the number of houses; floor area in new construction; quality housing in urban and rural areas and nationally; subjects have difficulties in housing is state support for housing to be taken on the task of economic development - economic development of the country in each period.
Article 169. Through approve programs of housing development plan
1. Adoption and approval of programs and development plans of local houses are made as follows:
a) For Municipalities of Vietnam, the city People's Committee building housing development program as provided for in Article 15 of this Law and submit comments before the Ministry of Construction of the People's Council the same level. Municipal People's Committee for approval and implementation of the program after the People's Councils of the same level.
Content opinions MOC include planning, allocate land for the construction of housing and accommodation options to address the target groups; indicators of housing area per capita; the number, size, proportion of housing types should invest in building; expected investment capital; the incentives for housing development; responsibilities of the agencies involved in the implementation of housing development programs;
b) For the province, the provincial People's Committee held construction housing development program as provided for in Article 15 of this Law to the People's Councils of the same level;
c) On the basis of the housing development program was approved, the provincial People's Committees are responsible for the construction and approval of development plans of local housing as provided for in Article 15 of this Law; in case planning using budget funds for housing development, they must consult the council at the same level prior to approval.
2. The order and procedures for formulation and program content, the development plan of the local houses are made as prescribed by the Government.
Article 170. The decision of investment policy of housing construction projects
1. For investment projects in housing construction to cater for resettlement, social housing, public housing investment in public services, before elaborating and approving projects and deciding investment policy projects comply with the provisions of the Law on public investments. Where investment projects funded by the central power, there must be appraised by the Ministry of Construction; case of investment projects by local funds, there must be appraising opinions of regulatory bodies at the provincial level.
2. For housing construction projects other eligible investment policy decisions under the provisions of the Investment Law, comply with the provisions of the Investment Law. For projects not subject to the investment policy decisions under the Investment Law, they must implement the investment policy approved under the provisions of the Government.
Article 171. Dossiers investment policy approved project to build housing
1. For the case provided for in paragraph 1 of Article 170 of this Law, apart profile approve proposed investment guidelines prescribed by law public investments must also be added the documents specified at point a and point b paragraph 2 of this article.
2. In the case of investment policy decisions under the Law, apart profile investment proposal approved investment guidelines prescribed by the Law on Investment, must also have the following documents:
a) A written request is subject to approval of housing construction projects, stating the legal basis, the content needs approval and the reason for approval;
b) Drawings of detailed planning project area was competent state agencies for approval.
Article 172 Research and application of science, technology and international cooperation in the field of housing
1. The State shall adopt policies to encourage and facilitate the study and application of science, technology and international cooperation to meet the requirements development and management of housing.
2. State financial support for the application of new technologies, new materials in housing construction quality assurance, progress, save energy and reduce construction costs.
Article 173. Training, knowledge, expertise and professional development, housing management
1. Public servants working in the field of management, housing development of all levels and branches to join the training, retraining and professional development, housing management. For individuals involved in managing, operating, working in operational management unit condominium must attend training courses, knowledge management and operation of condominiums and must have Certificate completed training as prescribed by the Minister of Construction.
2. The Minister of Construction shall provide programs, curriculum, professional training and professional development, manage housing for civil servants working in the field of management, housing development on a national scale.
Article 174. State management agency on housing
1. The Government unifies state management of housing in the country.
2. The Ministry of Construction is responsible before the Government for performing the unified state management of housing on a national scale.
3. The ministries and agencies concerned within the functions, duties and powers of his performing state management responsibility for housing and coordinating with the Ministry of Construction to implement the provisions of the legislation housing.
4. People's Committees at all levels shall perform the state management of housing in the province under the provisions of this Act and the decentralization of government.
Article 175. The responsibility of the Ministry of Construction
1. To draw up and submit to the Government, the Prime Minister of legal documents, strategies, projects, programs and plans for housing development.
2. Issuing and organizing the implementation of legal documents on housing within its jurisdiction; prescribed standards, technical regulations and classification of housing, the method, the method of determining rent, lease rates and sale prices of social housing, housing relocation service, housing owned state ownership; prescribed contents, sample sales contract, lease or lease-purchase social housing, housing relocation service, housing owned by the state.
3. Comment on the housing development program of the Municipalities of Vietnam; appraisal organization, the Prime Minister plans to develop public housing agency's central service, evaluating the investment policy of housing construction projects; modify or suspend the implementation of investment projects in housing construction did not follow the provisions of this Law.
4. Housing Administration, recordkeeping houses under state ownership of the central authorities.
5. Investigation, statistics, building a database system, information on national housing and management organization, operation, exploitation, provide the database, information about country houses .
6. Research Organization, the application of science, technology, law dissemination of knowledge in the field of housing.
7. To organize the training, retraining and professional development and housing management; accredited training institutions, professional training and professional management and operation of the condominium; provides for the complete certification training courses on management and operation of the condominium; regulations and recognition of classification condominiums.
8. To guide and supervise, monitor and inspect, examine and resolve complaints and disputes and denunciations and handling violations in housing sector.
9. International cooperation in the field of housing.
10. Perform other tasks in the field of housing is prescribed in this Act or by the Government, the Prime Minister delivered.
Article 176. Housing Inspectorate
1. Construction Inspectorate under the Ministry of Construction, Department of Construction in performing administrative inspection and specialized inspection housing for organizations, households and individuals to participate in the development and management and use housing.
2. Specialized inspectors for housing include:
a) inspect the law observance of organizations, households and individuals in the development, management and use of housing;
b) detect, prevent and handle according to its competence or propose competent state agencies to handle violations of law on housing.
3. The Ministry of Construction is responsible for directing, implementing specialized inspection of housing in the country. DoC responsible organization specialized inspection in local housing.
4. The Government shall detail this article.
Chapter XII
SETTLEMENT OF DISPUTES, CLAIMS, DENUNCIATION AND HANDLING OF VIOLATIONS OF THE LAW ON HOUSING
Section 1
SETTLEMENT OF DISPUTES, CLAIMS, DENUNCIATIONS HOUSING
Article 177. Settlement of disputes about housing
1. The State encourages parties to resolve disputes through conciliation housing.
2. Disputes over the ownership and use rights owned by housing organizations and individuals, disputes related to the housing contract, contract management and operation of the condominium by the People's Court determined in accordance with the law.
3. Disputes on management and use of houses under state ownership by the provincial People's Committee resolved to housing is allocated to local management, the Ministry of Construction for housing settlement is allocated to Central management agencies; case disagreed with the decision of the provincial People's Committee or the Ministry of Construction shall have the right to sue at the People's Court under the provisions of law on administrative proceedings.
4. Disputes over funding operation management of condominiums, management and use of funds for maintenance of the common property of the condominium by the People's Committee of the province where such housing settlement; case disagreed with the decision of the provincial People's Committee shall have the right to sue at the People's Court under the provisions of law on administrative proceedings.
Article 178. Complaints and Denunciations and settlement of complaints and denunciations about housing
1. The complaints and denunciations and settlement of complaints and denunciations related to the development and management of houses shall comply with the provisions of the Law on Complaints and Denunciations Law.
2. When you have decided to settle complaints and denunciations by State bodies competent for housing or judgment of the court decision has taken legal effect, the parties involved must implement the decision or judgments that.
Section 2
HANDLING OF VIOLATIONS OF THE LAW ON HOUSING
Article 179. Dealing with people violating the law on housing
1. Those who commit acts of violating the law on housing, depending on the nature and severity of their violations, be administratively handled or examined for penal liability as prescribed by law.
2. Persons with the following violations while on duty, depending on the nature and severity of the violation, be disciplined, administratively sanctioned or prosecuted for criminal liability:
a) Abusing positions and powers to act against the provisions of law in determining the investment policy of housing construction projects; appraisal and approval of housing construction projects; decisions, valuation sell, rent, lease-purchase housing prices; supporting the implementation of policies on housing; determine financial obligations on housing; management, providing information on housing and other regulations in the development, management, housing transactions stipulated in this Law;
b) Lack of management responsibility for law violations occurred in housing or other violations causing damage to the interests of the State, the legitimate rights and interests of organizations, households and individuals who participate in the development of housing, the owner of housing and legal use of housing;
c) Violation of the provisions of the order and administrative procedures in the field of housing, provides for reporting and statistics in developing and managing housing.
3. The Government shall detail this article.
Article 180. Handling of violating the law on housing damage caused to the State, organizations, households and individuals
Those who commit acts of law violation in housing if damage is caused to the interests of the State, the legitimate rights and interests of organizations, households and individuals, in addition to being dealt with under the provisions of Article 179 of this law will have to pay damages to the State or to the victims.
Chapter XIII
Implementing Provisions
Article 181. Effectiveness
1. This Law takes effect from July 1, 2015.
2. Housing Law No. 56/2005 / QH11, which was amended and supplemented some under Law No. 34/2009 / QH12 and Law No. 38/2009 / QH12, Resolution No. 19/2008 / QH12 on Pilot organizations and individuals to purchase and own houses in Vietnam expire from the date this law comes into force.
Article 182 Transitional provisions
1. The investment projects of housing construction approved before this Law takes effect will not have to perform re-approved under the provisions of this Act, unless the subject to adjust the content of the project State-adjusted planning approval or circumstances have reserved land for investment projects in commercial building to build social housing or to spend the social housing area for leasing the provisions of this Law.
For development projects of social housing is not in the program, plans to develop local housing but approved the project investment policy, may continue performing under the provisions of this Law.
2. Where has taken delivery of commercial housing from investors, but to date this Law takes effect without filing suggest state agencies authorized to issue certificates for such house shall be transferred home sales contract concessions in accordance with the provisions of this Law.
3. For the condominium was established Moderators before this Law becomes effective, the owners can organize Moderators elected to operate under the model specified in this Act or kept intact to operate until the end of tenure of the Managing Board.
4. In case of purchase contracts signed, the lease purchase houses before this law takes effect that the parties agree on the housing warranty period, the area of purchasing, leasing another house with regulations this Law, the parties continue to perform as agreed in the contract signed or renegotiated in accordance with this Law.
5. The Government shall detail this article.
Article 183. Detailed regulations
The government, the competent authority shall detail the provisions prescribed in this Law.
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This law was passed by the National Assembly of the Socialist Republic of Vietnam XIII, 8th session, through November 25, 2014.
NATIONAL ASSEMBLY
Nguyen Sinh Hung
About Me: Lê Minh Tuấn
Luật sư, Giám đốc / Lawyer, Director
Tư vấn thương mại quốc tế / International Trade Consultant
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Email: infor@hado-law.com / Email: infor.ssv@gmail.com
