1.What is commercial housing?

Pursuant to Clause 4, Article 2 of the Housing Law 2023:

Commercial housing is housing that is invested and built for sale, lease purchase, or lease according to market mechanisms.

2. Conditions for being an investor in a commercial housing construction investment project

Pursuant to Article 36 of the Housing Law 2023:

- The investor of a commercial housing construction investment project must be a real estate business that meets the following conditions:

+ Have equity according to the provisions of law on real estate business to carry out each housing construction investment project;

+ Have the capacity and experience to carry out housing construction investment projects according to the provisions of law.

And belongs to one of the following cases:

- Being allocated or leased land due to winning the auction of land use rights, winning the bidding to select an investor to implement a project using land; Other cases approved by investors when organizing auctions or bidding according to the provisions of law on investment.

- Approved investment policy and approved the investor to be the investor of a commercial housing construction investment project when the investor has land use rights through an agreement on receiving land use rights for the project type of land eligible for commercial housing construction investment projects or having land use rights for land type eligible for commercial housing construction investment projects according to the provisions of the Land Law 2013.

3. Regulations on implementation of commercial housing construction investment projects

According to the provisions of Article 37 of the Housing Law 2023:

- The implementation of housing construction investment projects must comply with the provisions of this Law, construction laws and other relevant laws.

- Investors of housing construction investment projects must build housing and technical and social infrastructure systems according to the approved planning, content and project progress; In case the project has an investment phase, construction must be carried out in accordance with the approved investment phase.

- For technical and social infrastructure systems that must be handed over to local authorities or functional agencies for management according to the investment policy approval and approved project content. After approval, handover must be carried out after completing the construction investment; The agency or organization receiving the transfer is responsible for receiving it for management, maintenance, operation, exploitation and use according to the approved purpose and function. For technical and social infrastructure systems invested in and built by the State, the organization assigned to invest in building the technical and social infrastructure system must carry out the project according to the content and schedule project has been approved.

- The handover of housing to buyers or lease-purchasers can only be done after completing the acceptance of the housing project according to the approved design and acceptance of the technical infrastructure of the area where the housing is located. Invested and built according to the approved project schedule. In case the investor of a housing construction investment project must build social infrastructure to serve housing needs according to the project investment policy, he must complete construction and accept this project according to the schedule of the project. The project has been approved before handing over the housing. In case of handing over a rough-built house, the entire exterior of that house must be completed.

When handing over an apartment building, the investor of a housing construction investment project must have complete housing handover documents according to the Government's regulations.

- Acceptance of housing projects and technical and social infrastructure systems in the project is carried out in accordance with the provisions of construction law.