Regulations on land for apartment construction

The Lao Dong Newspaper Legal Consulting Office replied:

Article 92, Decree 102/2024/ND-CP stipulates land for building apartment buildings as follows:

1. Land for building apartment buildings includes residential land for building apartment buildings, apartment buildings with mixed-use purposes for living and office buildings, commercial and service establishments (hereinafter referred to as apartment buildings), construction works directly serving the lives of people in the apartment buildings and land for building works serving the community according to the construction planning approved by competent authorities.

2. Investors of apartment building construction projects and apartment buildings are allocated land, leased land, and granted Certificates for the land area of the project according to the following regulations:

a) For the land area for apartment building construction and land for infrastructure construction used by investors for business according to investment projects and detailed construction planning approved by competent state agencies, investors are allocated land by the State, leased land, financial obligations and are granted a Certificate according to the provisions of law. In case the apartment building has mixed purposes, including a part of the apartment floor area used as offices, commercial facilities, and services, the main purpose of use of the land area for building an apartment building is determined to be residential land;

b) For the land area for roads, other infrastructure works for people inside and outside the apartment building and apartment buildings that the investor does not use to trade services under the investment project, the investor is allocated land or leased land by the State to manage and build works and not have to pay land use levy or land rent; not granted certificates; Handing over the locality to manage that land after completion of construction under investment projects, detailed construction planning and decision on land allocation and land lease of competent state agencies.

3. Land use rights and the issuance of Certificates in projects to build apartment buildings and townhouses for sale or for sale combined with lease shall comply with the following regulations:

a) Dien tich dat thuoc quyen su dung chung cua cac chu so huu can ho chung cu, van phong lam viec, co so thuong mai, dich vu trong nha chung cu (sau day goi chung la can ho) bao gom dien tich dat xay dung khoi nha chung cu, lam san, trong hoa, cay xanh xung quanh nha va dat xay dung cac cong trinh ha tang ben ngoai nha chung cu nhung de phuc vu truc tiep cho nha chung cu duoc chu dau tu ban giao cho cac chu so huu can ho tu to chuc quan ly, su dung theo du an dau private. The investor is responsible for clearly defining the location, boundaries and land area under the general use right in the investment project, detailed construction planning and design of the work ground to submit to the competent authority for approval; In housing purchase and sale contracts and construction drawings to carry out procedures for granting certificates to the buyer;

b) The land use rights specified in Point a of this Clause are common; the use and determination of this land use right shall be decided by a majority of those with shared land use rights and must serve the common interests of the community, in accordance with the provisions of law;

c) Owner of an apartment granted a Certificate for the apartment area and land area for general use as prescribed in Point a of this Clause for a long-term stable period;

d) When granting a Certificate to an apartment buyer, the certificate granted to the investor as prescribed in Clause 2 of this Article must be adjusted to change to the form of common land use for the land area as prescribed in Point a of this Clause.

The remaining land area of the apartment building construction project, apartments other than the area specified in Point b, Clause 2 and Point a, Clause 2 is under the use rights of the investor.

Thus, land for building apartment buildings is regulated as above.