What are the rights of apartment owners that are domestic organizations, individuals, and overseas Vietnamese under the Law on Housing 2023?
What are the rights of apartment owners that are domestic organizations, individuals, and overseas Vietnamese?
Pursuant to the provisions of Clause 1, Article 10 of the Law on Housing 2023, apartment owners (housing owners) that are domestic organizations, individuals, and overseas Vietnamese have the right to:
- ensure their right to property is inviolable;
- use their houses for residential purposes and other purposes not prohibited by the law;
- obtain certificate in regard to houses under their legitimate ownership in accordance with this law and land laws;
- sell, lease purchase, gift, change ownership, bequeath, mortgage, contribute capital inform of property in accordance with this Law, land laws, and other relevant law provisions; transfer property purchase contract, lease, lend, allow lodging, authorize the right to house management and other rights as per the law; in case of gifting or bequeathing houses to entities not eligible for owning houses in Vietnam, these entities shall only benefit from value of the houses.
If Land Law stipulates otherwise regarding rights of owners of houses associated with land use right that are overseas Vietnamese, such provisions shall prevail;
- share public utilities in the residential areas in accordance with this Law and other relevant law provisions.
In case of owners of apartment buildings, the owners have the right to own, use common property of apartment buildings and common infrastructures of the apartment buildings, except for structures built for business purposes or to be transferred to the Government as per the law or according to property purchase, lease purchase agreements;
- maintain, renovate, demolish, and reconstruct houses in accordance with this Law and construction laws;
- obtain the protection to right to property in accordance with Article 7 of this Law;
- complain, denounce, file lawsuits against violation of legal ownership and other violations regarding housing laws;
- exercise other rights as per the law.
What are the regulations on recognition of apartment ownership in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 9 of the Law on Housing 2023, Organizations and individuals eligible and having legitimate apartments shall be recognized for house ownership via issuance of certificate of land use right, the right to house and other asset associated to land (hereinafter referred to as “certificate”), except for public housing.
In case of buying and selling an apartment for a term, the buyers shall be issued with certificate during the agreed duration of ownership; once the ownership duration expires, ownership shall be transferred to the sellers in accordance with agreement.
Competent authority issuing certificate shall specify the type and class of apartments in accordance with this Law and construction laws in the certificate; in case of dwelling units, specify floor area and usable area of dwelling units; in case of apartments built in projects, specify name of housing investment and construction projects approved or decided on investment guidelines by competent authority
In respect of apartments built in projects to be sold or lease-purchased, certificate shall not be issued to project developers but to buyers and buyer/tenant unless project developers wish to obtain the certificate for apartments that have not been sold or lease-purchased; if project developers invest and build houses in order to lease, project developers may apply for certificate for the apartments.
What are the rights of apartment owners that are domestic organizations, individuals, and overseas Vietnamese under the Law on Housing 2023?
What are the regulations on the protection of houses ownership in Vietnam?
Pursuant to the provisions in Article 7 of the Law on Housing 2023 as follows:
Protection of the right to property
1. The Government recognizes and protects legitimate right to property of house owners in accordance with this Law.
2. Houses under legal ownership of organizations and individuals shall not be nationalized. In case of national defense and security purposes or for national interest or emergencies or prevention of natural disasters, the Government shall decide to purchase houses in advance or clear houses under legal ownership of organizations and individuals.
In case of advance purchase of houses, the Government shall pay in accordance with market price; in case of clearance, the Government shall compensate, support, and implement relocation policies for house owners as per the law. In case of forceful purchase and/or requisition of houses, conform to property forceful purchase and requisition laws.
Thus, the protection of houses ownership is carried out according to the above content. The Government recognizes and protects legitimate right to property of house owners in accordance with this Law.
The Law on Housing 2023 comes into force from January 1, 2025
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