Pursuant to the application of the Housing Law when there is no guiding document

Currently, the Housing Law has come into effect since 1 July 2015, but there are no guiding documents.

Therefore, in order to ensure that activities related to the housing sector are not interrupted, the Ministry of Construction has issued Official Letter 1436 guiding the legal basis for the implementation of the Housing Law while waiting for the guiding documents to be issued. .

Applicable documents guiding the Housing Law old while waiting for documents guiding the implementation of the new law.

Accordingly, in the absence of legal documents guiding the implementation of the Housing Act 2014, legal normative documents guiding the Housing Law will be applied in 2005, however, it must not be contrary to the provisions of the Housing Law. Newly issued.

Specifically, for investment projects on construction of dwelling houses specified in Clause 2, Article 17 of the Housing Law of 2014, which fall under the scope of the Law on Investment, the Investment Law, before the elaboration and approval thereof The investment decision is made in accordance with the provisions of the Law on Public Investment and the Law on Investment, but must be evaluated by the Ministry of Construction or the Department of Construction depending on the investment capital.

For investment projects on construction of dwelling houses specified in Clause 2, Article 17 of the Housing Law of 2014, which are not governed by the Law on Investment, the Investment Law, the approval of the investment policy To comply with the provisions of the Government’s Decree No. 71/2010 / ND-CP of June 23, 2010, detailing and guiding the implementation of the 2005 Housing Law (hereinafter referred to as Decree No. 71/2010 / ND-CP) and the documents guiding the implementation of Decree 71/2010 / ND-CP of the Ministry of Construction.

Regulation on the management and use of state-owned houses

The determination of subjects, conditions for rent, rent purchase, purchase of dwelling houses, the management, use of houses and recovery of state-owned houses shall comply with the provisions of the Housing Law of 2014.

With regard to the order and procedures for leasing or selling state-owned houses, the application of the levels of exemption or reduction of rents and / or rents for the purchase of dwelling houses, the determination of prices for sale of former houses under the State ownership. in accordance with Decree 34/2013 / ND-CP and Circular No. 14/2013 / TT-BXD dated 19/9/2013 of the Ministry of Construction.

The organization of condominium conferences to elect the Managing Board, the recognition of the Managing Board shall comply with the Regulation on use management of condominiums, issued together with Decision No. 08/2008 / QD-BXD of June 28, May 2008 of Minister of Construction. For the dismantlement, renovation and reconstruction of condominiums, the provisions of Resolution No. 34 / NQ-CP dated July 3, 2007 of the Government on a number of measures to effect the renovation , rebuilding the old apartment damaged, degraded.

Ownership of houses in Vietnam by foreign organizations and individuals

Provisions on the object, conditions of ownership, duration of ownership, number, type of house, area of ​​ownership of housing, rights and obligations of house owners, order and procedures of purchase , hire purchase of commercial houses by organizations and individuals.

In addition, the procedures for granting housing ownership certificates, land use rights and other assets attached to land for water organizations and individuals shall comply with the provisions of the Housing Law. In addition, the provisions of the current land law applied.

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