DOCUMENT PROMOTING THE 2023 LAW ON HOUSING

DOCUMENT PROMOTING THE 2023 LAW ON HOUSING

DOCUMENT PROMOTING THE 2023 LAW ON HOUSING

DOCUMENT PROMOTING 

THE 2023 LAW ON HOUSING

The 2014 Law on Housing No. 65/2014/QH13 was passed by the 13th National Assembly, regulating most issues related to the housing sector. These include housing development, home ownership, management and use of housing, housing transactions, home ownership in Vietnam by foreign organizations and individuals, state management of housing, and the handling of violations related to housing. The social housing policy has helped millions of people with housing difficulties, including low-income earners in urban areas and poor households in rural areas, to establish legal and stable housing, ensuring the implementation of the country’s social welfare policy.

The 2014 Law on Housing has contributed to creating an equal and open investment and business environment, facilitating maximum access for businesses and citizens to procedures and public services, and mobilizing maximum domestic and foreign resources for socio-economic development investment.

After more than eight years of implementing the 2014 Law on Housing, in addition to the aforementioned achievements, the housing sector has encountered some existing issues and obstacles, causing difficulties in the implementation process. Thus, it is necessary to amend and supplement the law to ensure synchronization and consistency with some newly passed laws.

Therefore, to address the limitations and shortcomings of the 2014 Law on Housing, and to institutionalize the guidelines and policies of the Party and State in the housing sector, several important resolutions and strategies have been established. These include Resolution No. 11-NQ/TW dated June 3, 2017, from the Fifth Plenary Session of the 12th Central Committee on perfecting the socialist-oriented market economy institution; the documents of the 13th National Congress of the Party; the 10-year Socio-Economic Development Strategy for 2021-2030 and the 5-year Socio-Economic Development Plan for 2021-2025; Resolution No. 26-NQ/TW dated May 19, 2018,

from the Seventh Plenary Session of the 12th Central Committee on focusing on building a cadre of leaders at all levels; and Resolution No. 18-NQ/TW dated June 16, 2022, on “continuing to innovate, perfect the institution and policies, enhance the effectiveness and efficiency of land management and use, creating motivation for our country to become a high-income developed country.”

Given these factors, the amendment of the 2014 Law on Housing is crucial.

  1. THE STRUCTURE OF THE 2023 LAW ON HOUSING

The 2023 Law on Housing comprises 13 chapters with 198 articles, an increase of 15 articles compared to the 2014 Law on Housing, specifically:

  1. Chapter I. General Provisions: consists of 5 articles (Articles 1 to 5), detailing (1) the scope of regulation, (2) definitions of terms, (3) prohibited acts, (4) policies for housing development and management, and (5) general requirements for housing development and management.
  2. Chapter II. Home Ownership: Consists of 3 sections:

Section 1: General Provisions regarding housing ownership: includes 7 articles (Articles 6 to 12). These articles cover (1) the right to housing and home ownership, (2) protection of home ownership rights, (3) entities and conditions eligible for home ownership in Vietnam, (4) recognition of home ownership rights, (5) rights of homeowners and users, (6) obligations of homeowners and users, and (7) the time of establishing home ownership rights.

Section 2: Public Property Housing: comprises 3 articles (Articles 13 to 15). These articles address (1) housing as public property, (2) representation of homeowners for public property housing, and (3) responsibilities of the representatives of homeowners for public property housing.

Section 3: Home Ownership in Vietnam by Foreign Organizations and Individuals: includes 7 articles (Articles 16 to 22). These articles regulate (1) areas where foreign organizations and individuals are permitted to own homes in Vietnam, (2) the entities and forms of home ownership in Vietnam for foreign organizations and individuals, (3) conditions for foreign organizations and individuals to own homes in Vietnam, (4) the number of homes that foreign organizations and individuals can own in Vietnam, (5) rights of homeowners who are foreign organizations and individuals, (6) obligations of homeowners who are foreign organizations and individuals, and (7) cases where foreign organizations and individuals are not granted certificates for home ownership.

  1. Chapter III. National Housing Development Strategy, and Provincial Housing Development Programs and Plans: Consists of 2 sections:

Section 1: National Housing Development Strategy: includes 3 articles (Articles 23 to 25). These articles provide (1) the basis for the development of the national housing development strategy, (2) outline the content of the national housing development strategy, and (3) specify the period for the national housing development strategy and the authority for approving the national housing development strategy.

Section 2: Provincial Housing Development Programs and Plans: comprises 4 articles (Articles 26 to 29). These articles cover (1) the basis for the development and the period for provincial housing development programs and plans, (2) the content of provincial housing development programs and plans, (3) adjustments to provincial housing development programs and plans, and (4) the formulation and approval of provincial housing development programs and plans.

  1. Chapter IV. Housing Development: Consists of5 sections:

Section 1: General Provisions: includes 6 articles (Articles 30 to 35). These articles cover (1) forms of housing development, (2) types of housing developed through housing investment projects and housing area standards, (3) land funds for housing development, (4) requirements for housing investment projects, (5) stages of housing investment projects, (6) and investors and conditions for being investors in housing investment projects.

Section 2: Commercial Housing Development by Project: comprises 4 articles (Articles 36 to 39). These articles regulate (1) investors in commercial housing investment projects, (2) the implementation of commercial housing investment projects, (3) rights of investors in commercial housing investment projects, and (4) obligations of investors in commercial housing investment projects.

Section 3: Official Duty Housing Development: includes 8 articles (Articles 40 to 47). These articles address (1) land for building official duty housing, (2) forms and plans for developing official duty housing, (3) decisions on investment policies, investment decisions, and investor decisions for official duty housing investment projects, (4) the purchase and lease of commercial housing for use as official duty housing, (5) types and area standards for official duty housing, (6) entities and conditions for renting official duty housing, (7) principles for determining rental prices for official duty housing, and (8) rights and obligations of tenants of official duty housing.

Section 4: Resettlement Housing Development: consists of 6 articles (Articles 48 to 53). These articles deal with (1) the arrangement of resettlement housing, (2) principles for developing resettlement housing, (3) land funds for implementing resettlement housing investment projects, (4) investors in resettlement housing investment projects, (5) placing orders for, purchasing commercial housing, and arranging social housing for resettlement, and (6) requirements for resettlement housing.

Section 5: Individual Housing Development: includes 4 articles (Articles 54 to 57). These articles cover (1) requirements for individual housing development, (2) methods of individual housing development, (3) responsibilities of individuals in housing development, and (4) the development of multi-story, multi-apartment housing by individuals for sale, lease purchase, and lease.

  1. Chapter V. Renovation and Reconstruction of Apartment Buildings: consists of 5sections:

Section 1: General Provisions: includes 6 articles (Articles 58 to 63). These articles cover (1) the duration of use of apartment buildings, (2) apartment buildings that must be demolished, (3) principles for renovating and reconstructing apartment buildings, (4) inspection and quality assessment of apartment buildings, (5) forms of renovating and reconstructing apartment buildings, and (6) preferential mechanisms for implementing renovation and reconstruction investment projects.

Section 2: Planning and Plan for Renovating and Reconstructing Apartment Buildings: comprises 3 articles (Articles 64 to 66). These articles address (1) requirements for planning to renovate and reconstruct apartment buildings, (2) requirements for plans to renovate and reconstruct apartment buildings, and (3) the content of plans to renovate and reconstruct apartment buildings.

Section 3: Decision on Investment Policy, Approval of Investment Policy, Investors in Renovation and Reconstruction Projects: includes 3 articles (Articles 67 to 69). These articles regulate (1) decisions on investment policy, (2) approval of investment policy, investors in renovation and reconstruction projects, and (3) the dossier, order, and procedures for approving investment policy for renovation and reconstruction projects.

Section 4: Compensation and Resettlement Plan: consists of 3 articles (Articles 70 to 72). These articles cover (1) principles for formulating compensation and resettlement plans, (2) the content and authority for approving compensation and resettlement plans, and (3) the arrangement of resettlement housing and temporary accommodation.

Section 5: Relocation, Forced Relocation, and Demolition of Apartment Buildings: includes 3 articles (Articles 73 to 75). These articles deal with (1) the relocation of homeowners and users of apartment buildings, (2) forced relocation of homeowners and users of apartment buildings, and (3) the demolition of apartment buildings.

  1. Chapter VI. Policies on Social Housing: Consists of 5 sections:

Section 1: General Provisions: includes 4 articles (Articles 76 to 79). These articles cover (1) the beneficiaries of social housing support policies, (2) the forms of implementing social housing support policies, (3) the conditions for benefiting from social housing support policies, and (4) the principles of implementing social housing support policies.

Section 2: Development of Social Housing for Sale, Lease Purchase, and Lease: comprises 11 articles (Articles 80 to 90). These articles address (1) the forms of social housing development, (2) types of projects and requirements for social housing investment projects, (3) types of housing and area standards for social housing, (4) land for social housing development, (5) investors in social housing investment projects, (6) incentives for investors in social housing investment projects for sale, lease purchase, and lease,

(7) determination of rental prices and lease purchase prices for social housing built with public investment funds and trade union financial resources, (8) determination of sale prices, lease purchase prices, and rental prices for social housing built without public investment funds and trade union financial resources, (9) principles for selling, lease purchasing, and renting social housing, (10) selling, lease purchasing, and renting social housing, and (11) the management and operation of social housing.

Section 3: Development of Worker Accommodation in Industrial Zones: includes 10 articles (Articles 91 to 100). These articles cover (1) beneficiaries of support policies for worker accommodation in industrial zones, (2) forms of developing worker accommodation in industrial zones, (3) conditions for renting worker accommodation in industrial zones, (4) planning and allocation of land funds for developing worker accommodation in industrial zones, (5) types of projects and requirements for investment projects in worker accommodation in industrial zones, (6) types of housing and design standards for worker accommodation in industrial zones,

(7) investors in investment projects for worker accommodation in industrial zones, (8) incentives for investors in worker accommodation investment projects in industrial zones, and enterprises, cooperatives, and union cooperatives renting worker accommodation in industrial zones for their workers to sublease, (9) rental prices for worker accommodation in industrial zones, and (10) principles for renting and managing the operation of worker accommodation in industrial zones.

Section 4: Development of Housing for People’s Armed Forces: consists of 9 articles (Articles 101 to 109). These articles address (1) beneficiaries of support policies for housing for the people’s armed forces, (2) development of housing for the people’s armed forces, (3) forms of developing housing for the people’s armed forces, (4) land for developing housing for the people’s armed forces, (5) types of projects and requirements for investment projects for housing for the people’s armed forces, types of housing and area standards for housing for the people’s armed forces,

(6) investors in investment projects for housing for the people’s armed forces, (7) incentives for investors in investment projects for housing for the people’s armed forces, (8) determination of sale prices, lease purchase prices, and rental prices for housing for the people’s armed forces, and (9) principles for selling, lease purchasing, and renting housing for the people’s armed forces and managing the operation of housing for the people’s armed forces.

Section 5: Support Policies for Housing for Families and Individuals Self-Building or Renovating, Repairing Housing: includes 2 articles (Articles 110 to 111). These articles cover (1) support policies for housing for families and individuals self-building or renovating, repairing housing, and (2) forms of implementing support policies for housing for families and individuals self-building or renovating, repairing housing.

  1. Chapter VII. Financing for Housing Development: includes 6 articles (Articles 112 to 117). These articles cover (1) sources of capital for housing development, (2) state capital for housing development, (3) forms of mobilizing capital for housing development, (4) capital for developing various types of housing, (5) principles for mobilizing and using capital for housing development, and (6) preferential loans through the Social Policy Bank for developing social housing.
  2. Chapter VIII. Management and Use of Housing: consists of 4sections:

Section 1: General Provisions: includes 7 articles (Articles 118 to 124). These articles cover (1) the content of housing management and use, (2) the creation of housing records, (3) the storage, transfer, and management of housing records, (4) the management and use of individual houses within housing development projects, (5) the management and use of housing with artistic, architectural, cultural, or historical value, (6) the management and use of villas, and (7) the conversion of housing functions.

Section 2: Management and Use of Public Property Housing: comprises 3 articles (Articles 125 to 127). These articles regulate (1) the management and use of public property housing, (2) the entities and conditions for renting, lease purchasing, and purchasing public property housing, and (3) the cases of recovery and forced recovery of public property housing.

Section 3: Insurance, Warranty, Maintenance, and Renovation of Housing: includes 8 articles (Articles 128 to 135). These articles address (1) housing insurance, (2) housing warranty, (3) housing maintenance, (4) housing renovation, (5) maintenance and renovation of rented housing, (6) maintenance and renovation of public property housing, (7) maintenance and renovation of jointly owned housing, and (8) the rights and obligations of homeowners in maintaining and renovating housing.

Section 4: Demolition of Housing: consists of 6 articles (Articles 136 to 141). These articles cover (1) cases where housing must be demolished, (2) responsibilities for demolishing housing, (3) requirements for demolishing housing, (4) forced demolition of housing, (5) accommodation for homeowners when their housing is demolished, and (6) the demolition of rented housing.

  1. Chapter IX. Management and Use of Apartment Buildings: consists of 5 sections:

Section 1: General Provisions: includes 3 articles (Articles 142 to 144). These articles cover (1) the private and common ownership parts of apartment buildings, (2) the method of determining the area of apartments and other areas in apartment buildings, and (3) the classification of apartment buildings and parking spaces in apartment buildings.

Section 2: Apartment Building Meetings and Apartment Building Management Boards: comprises 4 articles (Articles 145 to 148). These articles regulate (1) apartment building meetings, (2) the apartment building management boards, (3) the rights of the apartment building management boards, and (4) the responsibilities of the apartment building management boards.

Section 3: Organization of Management and Operation of Apartment Buildings: includes 3 articles (Articles 149 to 151). These articles cover (1) the entities managing and operating apartment buildings, (2) the conditions for entities managing and operating apartment buildings, and (3) the service prices for managing and operating apartment buildings.

Section 4: Management and Use of Maintenance Funds for Apartment Buildings with Multiple Owners: consists of 4 articles (Articles 152 to 155). These articles address (1) the maintenance funds of apartment buildings with multiple owners, (2) the management and transfer of maintenance funds of apartment buildings with multiple owners, (3) the forced transfer of maintenance funds of apartment buildings with multiple owners, and (4) the use of maintenance funds of apartment buildings with multiple owners.

Section 5: Management and Use of Technical Infrastructure Works in Areas with Apartment Buildings: includes 3 articles (Articles 156 to 158). These articles regulate (1) the technical infrastructure works in areas with apartment buildings that must be handed over and the time of handover, (2) the handover, reception, and management of technical infrastructure works in areas with apartment buildings, and (3) the management, exploitation, and use of technical infrastructure works in areas with apartment buildings after handover.

  1. ChapterX. Housing Transactions: consists of7 sections:

Section 1: General Provisions: includes 6 articles (Articles 159 to 164). These articles cover (1) housing transactions, (2) conditions of houses participating in transactions, (3) conditions of parties involved in housing transactions, (4) procedures for conducting housing transactions, (5) housing contracts, and (6) notarization, certification of contracts and the time of their validity.

Section 2: Sale of Housing: comprises 5 articles (Articles 165 to 169). These articles address (1) housing sale transactions, (2) handling cases of term-limited housing sales, (3) sales of housing which are currently under deferred and/or installment payments, (4) sale of rented housing, and (5) pre-sale of housing.

Section 3: Rental of Housing: includes 4 articles (Articles 170 to 173). These articles cover (1) the rental period, rent prices, subleasing of housing, (2) cases of termination of housing rental contracts, (3) unilateral termination of housing rental contracts, and (4) the right to continue renting housing.

Section 4: Lease Purchase of Housing: consists of 3 articles (Articles 174 to 176). These articles address (1) the lease purchase of housing, (2) rights and obligations of lease purchasers of housing, (3) cases of termination of lease purchase contracts, and repossession of leased purchased housing.

Section 5: Gifts, Exchanges, Capital Contributions, Loans, and Housing Use Permissions: includes 4 articles (Articles 177 to 180). These articles regulate (1) the gifting of housing, (2) exchanging of housing, (3) capital contributions by housing, and (4) loaning or permitting others to use housing.

Section 6: Mortgage of Housing: comprises 5 articles (Articles 181 to 185). These articles cover (1) the parties involved in housing mortgage,(2) mortgage of rented housing, (3) mortgage of housing investment projects and future housing, (4) conditions for mortgaging housing investment projects and future housing, and (5) handling of mortgaged housing and housing investment projects.

Section 7: Authorization for Housing Management: includes 3 articles (Articles 186 to 188). These articles address (1) the content and scope of authorization for housing management, (2) authorization for managing jointly-owned housing, and (3) termination of housing management authorization contracts.

  1. ChapterXI. State Management of Housing:includes 5 articles (Articles 189 to 193). These articles cover (1) the content of state management of housing, (2) state management agencies for housing, (3) responsibilities of the Ministry of Construction, (4) housing inspection, and (5) training and professional development in housing development and management.
  2. ChapterXII. Resolution of Disputes and Handling of Violations of Housing Laws:comprises 2 articles (Articles 194 to 195). These articles address (1)  the resolution of housing disputes and (2) the handling of violations of housing laws.
  3. ChapterXIII. Implementation Provisions: consists of 3 articles (Articles 196 to 198). These articles cover(1) the amendment and supplementation of certain provisions of related laws, (2) the effective date of the law, and (3) transitional provisions.
  4. SOME NEW CONTENTS OF THE 2023 LAW ON HOUSING

The Law on Housing No. 27/2023/QH15 (the 2023 Law on Housing) was enacted to promptly institutionalize the guidelines and policies of the Party and State in housing development for the people, particularly for low-income earners and the poor who cannot establish housing under market mechanisms.

Simultaneously, it aims to amend and improve the provisions of the 2014 Law on Housing to align with the actual situation, address existing issues, and ensure the constitutionality, consistency, and synchronization of the 2023 Law on Housing with other related laws.

  1. Regarding the National Housing Development Strategy, Programs, and Plans for Provincial Housing Development

The 2023 Law on Housing has dedicated a separate chapter to specifically regulate the formulation of the national housing development strategy, and the programs and plans for provincial housing development. This aims to provide a legal basis for local authorities to perform state management of housing. Among the new points are:

– The regulations now specify the period for provincial housing development programs and plans, removing the requirement for annual housing development plans.

– The regulations also tighten the adjustment of housing development programs and plans, eliminating the need for the Ministry of Construction’s opinion during the procedures for formulating and approving housing development programs and plans.

The addition and tightening of regulations on adjusting housing development programs and plans are intended to prevent the continuous adjustment of these programs and plans over the past period, reduce the approval of investment policies for projects that do not align with actual needs, and avoid supply-demand imbalances. Simultaneously, the amendments, additions, and abolishment of certain regulations are also aimed at facilitating local authorities in proactively monitoring and implementing housing development programs and plans.

  1. Về phát triển nhà ở

The 2023 Law on Housing has amended and supplemented regulations on the development of commercial housing, official duty housing, resettlement housing, and individual housing to facilitate organizations, businesses, and individuals participating in housing development. Specifically:

– A new regulation has been added on the stages of housing investment projects, which includes the following stages: (1) project preparation, (2) project implementation, and (3) project completion and putting the project’s works into operation and use, in accordance with the laws on housing, investment, public investment, construction, and other related laws (Article 34).

At the same time, the Government is tasked with detailing the stages of housing investment projects to contribute to creating a clear legal framework, facilitating businesses in participating in housing investment and construction.

– The regulations on investors in commercial housing construction projects involving the transfer of land use rights for commercial housing construction projects have been revised and supplemented according to the Law on Land. It stipulates that investors with land use rights or agreements on receiving transfer (amendments) fall into the category of those approved for investment policies and recognized as investors in commercial housing construction projects (without auction or bidding).

– The regulations on the entities and conditions eligible for renting official duty housing have been revised and supplemented to expand the eligibility for renting official duty housing, ensuring stable accommodation for work purposes.

– Several provisions on the development of resettlement housing have been revised and supplemented to ensure consistency and synchronization with the 2024 Law on Land.

New regulations have been added concerning the development of multi-story, multi-apartment housing by individuals for sale, lease purchase, or lease, with stricter investment and construction conditions to ensure the safety of lives and property. Specifically:

– Individuals with land use rights investing in the construction of multi-story, multi-apartment housing must meet the conditions for being investors in housing investment projects. The construction must comply with the laws on construction and other related regulations applicable to housing investment projects in the following cases:

(1) Housing with two or more floors where each floor is designed and constructed with apartments for sale, lease purchase, or a combination of sale, lease purchase, and lease.

(2) Housing with two or more floors and a scale of 20 or more apartments for lease.

– Individuals with land use rights constructing housing with two or more floors and a scale of fewer than 20 apartments where each floor is designed and constructed with apartments for lease must:

(1) Meet the requirements for constructing multi-story, multi-apartment housing by individuals as stipulated by the Minister of Construction.

(2) Comply with fire safety regulations applicable to multi-story, multi-apartment housing by individuals, as specified by the laws on fire prevention and fighting.

(3) Meet the conditions set by the provincial People’s Committee regarding road access to enable firefighting vehicles to perform firefighting duties at locations with multi-story, multi-apartment housing by individuals.

  1. Regarding Renovation and Reconstruction of Apartment Buildings

The 2023 Law on Housing has codified some provisions of Decree No. 69/2021/ND-CP dated July 15, 2021, of the Government on the renovation and reconstruction of apartment buildings to enhance legal effectiveness. It has also added specific provisions to create a comprehensive legal framework for the renovation and reconstruction of apartment buildings and encourage investors to participate in projects. Specifically:

– A new regulation has been added that the approval of investment policies for apartment building renovation and reconstruction projects will be carried out according to the Law on Housing Law, not the Law on Investment. This is because these are special types of projects aimed at facilitating investors’ participation in the investment and reconstruction of apartment buildings.

– New regulations on the relocation of apartment building owners and users, forced relocation, and demolition of apartment buildings have been added. These regulations clearly define the rights and responsibilities of local authorities, investors, and apartment building owners. The costs of relocation, forced relocation, and demolition of apartment buildings are included in the total investment project cost, and investors are responsible for reimbursing these costs if the State has advanced funds for implementation.

– A new regulation requires apartment building owners to contribute funds for the reconstruction of apartment buildings constructed after 1994 to ensure feasibility and balance the interests of apartment building owners, the State, and investors, meeting urban renovation requirements.

The 2023 Law on Housing stipulates that for old apartment buildings constructed before 1994, the existing housing law provisions regarding the application of the K coefficient for apartment compensation will continue to apply. For new apartment buildings constructed after 1994 that are subject to reconstruction due to their alignment with planning, apartment building owners are responsible for contributing funds for the reconstruction. If they do not contribute funds, they will be compensated for the land use rights and the remaining value of the housing (if any) as prescribed by the Government.

  1. Regarding Policies on Social Housing

4.1. Land Fund for Social Housing Development

The 2023 Law on Housing clearly defines the responsibility for allocating land for social housing development as the duty of local authorities. Accordingly, it assigns the provincial People’s Committee the responsibility of ensuring that sufficient land is allocated for social housing development in the process of planning and approving construction and urban planning, in accordance with the approved housing development programs and plans. This delegation of authority and responsibility aims to create a flexible mechanism for local implementation.

4.2. Forms of Social Housing Development

Two new forms of development have been added: the development of worker accommodation and the development of housing for the people’s armed forces. Thus, besides being able to buy, rent, and lease purchase social housing, workers and laborers in industrial zones can also rent worker accommodation. Likewise, individuals in the people’s armed forces can buy, rent, and lease purchase housing specifically for the armed forces. Additionally, there is a proposal for enterprises to rent social housing to provide accommodation for their workers and laborers.

A regulation has been added allowing the Vietnam General Confederation of Labor to manage social housing investment projects using trade union financial resources to provide rental housing for workers and laborers who qualify for social housing policies.

4.3. Conditions for Benefiting from Social Housing Policies

The 2023 Law on Housing specifies conditions for benefiting from social housing policies with a focus on simplifying administrative procedures, making it easier for low-income individuals to register for buying, renting, and lease purchasing social housing. The law eliminates the residence condition when buying or lease purchasing social housing, leaving only conditions related to housing and income. For those renting social housing, there is no mandatory requirement to meet housing and income conditions; they only need to belong to the eligible groups.

4.4. Incentives for Investors in Social Housing Development Projects

Several incentives for investors in social housing projects have been amended and supplemented to encourage businesses to participate in investment, thereby increasing the supply of social housing. These include:

– Exemptions from land use fees and land rents for the entire project land area, and no requirement to determine land prices, calculate land use fees, or land rents exempted according to the land law.

– Investors are allowed a maximum profit margin of 10% for the area of social housing construction and are granted incentives of up to 20% of the total residential land area (or 20% of the total floor area of the project) for constructing commercial works, service businesses, and commercial housing, according to the approved project investment policy.

4.5. Other Policies

The selection of investors for social housing projects is synchronized according to the laws on investment, land, and bidding to ensure consistency in the legal system. The determination of sale prices, lease purchase prices, and rental prices is clearly regulated in terms of the method and timing of determination, ensuring specificity and ease of implementation.

  1. Regarding Finance for Housing Development

The 2023 Law on Housing introduces new regulations on forms of capital mobilization for housing development. It also adds provisions on state capital for housing development and elevates certain principles for mobilizing and utilizing capital from decrees to laws to enhance their effectiveness.

  1. Regarding Management and Use of Housing

The 2023 Law on Housing supplements and codifies some current regulations from decrees to ensure legal certainty in the management and use of housing. These include:

– Regulations on the management and use of individual houses within housing investment projects, housing with artistic, architectural, cultural, or historical value, villas, and state-owned housing. It also includes regulations on cases where housing must be demolished and the requirements for demolishing housing.

– Specific provisions on the conversion of housing functions and the selection of units to manage and operate state-owned housing.

  1. Regarding Management and Use of Apartment Buildings

The 2023 Law on Housing has added and amended several regulations concerning common ownership, private ownership, and revenue generation from the use of common areas in apartment buildings to resolve disputes and complaints in the management and use of apartment buildings. Specifically:

– New regulations have been added on determining common and private ownership parts in cases where contracts do not clearly specify these, to protect the rights of homebuyers.

– New regulations have been added on determining common ownership parts for equipment and structures attached to balconies and loggias.

– New regulations stipulate that revenues from the exploitation of services in common ownership areas of apartment buildings must be deposited into the maintenance fund managed by the management board to maintain the apartment building in accordance with regulations.

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