Regulations on investors of housing construction investment projects

Lao Dong Newspaper Legal Consulting Office replied:

Article 35 of the 2023 Housing Law (effective from August 2024) stipulates investors and conditions for being investors in housing construction investment projects as follows:

1. Investors in housing construction investment projects include:

a) Enterprises or cooperatives, cooperative unions, including economic organizations with foreign investment capital established and operating under Vietnamese law and having the function of real estate business (hereinafter referred to as real estate business enterprises) and meeting the conditions specified in Clause 2 of this Article;

b) Organizations investing in housing construction using capital sources specified in Clause 5, Article 112, Clause 1, Article 113 of this Law and meeting the conditions specified in Clause 3 of this Article.

2. For the case specified in Point a, Clause 1 of this Article, the investor of the housing construction investment project must satisfy the following conditions:

a) Have equity capital according to the provisions of law on real estate business to implement each housing construction investment project;

b) Have the right to use land to implement each type of housing construction investment project according to the provisions of this Law or be allocated land or leased land according to the provisions of the Land Law;

c) Have the capacity and experience to carry out housing construction investment projects in accordance with the provisions of law.

3. In the case specified in Point b, Clause 1 of this Article, the investor of the housing construction investment project is the organization assigned by the investment decision maker to manage and use capital to implement the housing construction investment project.

4. Depending on each type of housing construction investment project, the selection of the investor of the housing construction investment project must comply with the provisions in Clauses 1, 2, 3 of this Article and other relevant provisions of this Law.

Thus, the regulations on investors in housing construction investment projects are as above.