SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, June 23, 2010
DETAILING AND GUIDING THE IMPLEMENTATION OF THE HOUSING LAW
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Housing Law;
Pursuant to June 18, 2009 Law No. 34/2009/ QH12 Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law;
Pursuant to June 19, 2009 Law No. 38/2009/ QH12 amending and supplementing a number of articles of the laws concerning capital construction investment;
At the proposal of the Minister of Construction,
Chapter I GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details and guides a number of provisions of the Housing Law regarding house ownership, housing development, use management of houses, house-related transactions and state management of houses.
Article 2. Subjects of application
This Decree applies to the following subjects:
1. Domestic organizations and individuals: overseas Vietnamese; foreign organizations and individuals that invest in housing development in Vietnam;
2. Organizations and individuals that own houses, use houses and participate in house-related transactions in Vietnam;
3. Housing state management agencies at all levels.
4. Organizations and individuals not mentioned in Clauses 1, 2 and 3 of this Article but involved in housing-related activities.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Commercial house means a house built by an organization or individual of any economic sector for sale or lease to meet the market demand and under the market mechanism;
2. Social house means a house built by the State or an organization or individual of any economic sector for sale or lease to or lease-purchase by a subject defined in Article 53 or 54 of the Housing Law and this Decree under the State-prescribed mechanism;
3. Official-duty house means a house built by the State for lease to a person defined in Article 60 of the Housing Law and this Decree while he/she in office under the Housing Law and this Decree;
4. Urban villa means a detached house (or a building originally built as a house but currently used for another purpose) with its own yard, garden, fence and entrance, no more than 3 main floors (excluding the staircase roof, loft and basement floor) and at least 3 sides looking to the yard or garden, built on an area not exceeding 50% of the total land area, and situated in a functional zone under an urban master plan approved by a competent authority;
5. Condominium means a house with 2 or more stories, passageways, stairs and a system of infrastructure works for common use by many households and individuals. Each condominium has areas under private ownership of households or individuals and the investor and areas under common ownership of its owners;
6. Lease-purchase of a social house means the advance payment of a certain sum of money by the lessee-purchaser of the house as agreed upon in the lease-purchase contract, who will pay the remaining payable amount as a rental on a monthly or periodical basis. Upon the expiration of the lease-purchase term, the house lessee-purchaser who has fully paid the rental will be granted a house ownership certificate by a competent state agency.
Chapter II HOUSING DEVELOPMENT
Section 1. HOUSING DEVELOPMENT PROJECTS
Article 4. Types of housing development projects
Housing development projects may be of either of the following two types:
1. Housing development projects for the purpose of investing in building a system of technical and social infrastructure and building houses and other architectural works under approved master plans (below collectively referred to as housing area development projects - grade-I projects), under which technical infrastructure works are built by grade-I investors, while houses and other architectural works (grade-II projects) are built by grade-I or grade-II investors;
2. Housing development projects for the purpose of investing in building only an independent housing work or a group of housing works, including also works for multiple use purposes as houses, offices, commercial and service centers (below collectively referred to as houses for multiple use purposes) on land areas where a technical infrastructure system is available (grade-II projects in housing area development projects defined in Clause 1 of this Article or in new urban centers) or independent housing development projects in renovated urban centers (below collectively referred to as independent housing development projects).
Article 5. Requirements on housing development projects
1. Before investing in building houses (including also houses in new urban centers), investors shall request competent state agencies to approve their investment (unless bidding is needed to select investors under Article 14 of this Decree), and organize the formulation, appraisal and approval of housing development projects under the Housing Law. this Decree and relevant regulations.............
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