Official letter No. 3692/BXD-QLN dated September 13th, 2021 of the Ministry of Construction regarding implementation of procedures for approving investment guidelines and approving an investor executing a commercial housing construction project.

According to clause 5 Article 1 of Decree No. 30/2021/ND-CP, if an investor is eligible to act as a project owner and has the rights to use land falling into 3 cases below, investment guidelines shall be approved at the same time of recognition of commercial housing construction project owner:

(1) Have lawful residential land use right;

(2) Have lawful rights to use residential land and other types of land permitted by the competent authority to be repurposed into residential land;

(3) Receive transfer of residential land use rights for commercial housing construction.

Accordingly, the aforesaid provision does not regulate the ratio of minimum residential land area to total land area for execution of the commercial housing construction project.

However, according to Article 14 of 2014 Law on Housing, housing development projects must be suitable to construction planning, land use planning and must be included in local housing development programs, plans.