Ministry of Construction has issued Official Letter No. 4757/BXD-QLN dated October 01 , 2020 responding the recommendations of voters of Ho Chi Minh…

In Official Letter No. 4757/BXD-QLN dated October 1 , 2020, Department of Construction (DOC) stated that, under Article 10 of Law on Housing 2014, House owners are organizations, domestic family, individuals, overseas Vietnamese are intitled to use the house for residential purposes and other purposes not prohibited by law; at the same time, Article 6 of this Law also prohibits the use of apartments for non-residential purposes.

At Article 35 of Decree No. 99/2015/ND-CP dated October 20 , 2015 of Government detailing and guiding the implementation of some articles of Law on Housing stipulates prohibited acts in management and use of an apartment building such as arbitrary conversion of functions and use purposes of the apartment building; carry out the prohibited acts specified in Artilce 5 of Law on Housing.

Therefore, according to the Law on Housing, the act of using an apartment for non-residential purposes such as doing business on hourly or short-term rental services is prohibited.

Circular No. 02/2016/TT-BXD dated February 15 , 2016 ofMinister of Construction issuing the Regulation on management and use of apartment buildings. At Article 48 and 49 of Regulation No. 02 specify the responsibilities of Peoples Committee of wards and districts in handling according to their competence or by requesting competent authorities to handle violations actsin the management and use of the apartment building.

Violations in management and use of the apartment building will be administratively sanctioned according to the provisions of Decree no. 139/2017/ND-CP dated November 27 , 2017 of government on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used in construction, production and trading of building materials; management of infrastructural constructions; real estate business, housing development, management and operation of apartment buildings and office buildings.

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Ministry of Construction has issued Official Letter No. 4757/BXD-QLN dated October 01 , 2020 responding the recommendations of voters of Ho Chi Minh...