What are the rights and obligations of housing owners in housing maintenance and renovation in Vietnam? What are the regulations on maintenance and renovation of leased houses?
- What are the rights and obligations of housing owners in housing maintenance and renovation in Vietnam under the Law on Housing 2023?
- Vietnam: Are individuals other than owners of a house allowed to renovate the house?
- What are the regulations on maintenance and renovation of leased houses in Vietnam?
What are the rights and obligations of housing owners in housing maintenance and renovation in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 135 of the Law on Housing 2023, the rights and obligations of housing owners in housing maintenance and renovation are determined as follows:
(1) Regarding rights
Regarding housing maintenance and renovation, owners have the right to:
- perform maintenance or renovation or hire organizations, individuals to perform maintenance and renovation; hire entities, individuals capable of maintenance and renovation if the law stipulates that maintenance and renovation must be performed by competent organizations and individuals;
- request competent authorities to issue construction permit if renovation process requires construction permit and facilitate maintenance, renovation of housing once all conditions according to construction laws are met;
- exercise other rights as per the law.
(2) Regarding obligation
Regarding housing maintenance and renovation, owners have the obligation to:
- comply with regulations on housing maintenance and renovation; enable other owners to perform maintenance and renovation of their houses;
- compensate other organizations and individuals for damage caused;
- perform other obligations as per the law.
What are the rights and obligations of housing owners in housing maintenance and renovation in Vietnam? What are the regulations on maintenance and renovation of leased houses?
Vietnam: Are individuals other than owners of a house allowed to renovate the house?
Pursuant to the provisions in Article 131 of the Law on Housing 2023 as follows:
Housing renovation
1. House owners are allowed to renovate houses that they own; individuals other than owners of a house are only allowed to renovate the house if the owners of the house agree.
2. Housing renovation shall adhere to this Law and construction laws; if the law mandates housing renovation projects, approved projects shall be adhered to. Renovation of public housing shall also adhere to Article 133 hereof.
3. In respect of villas under Clause 1 Article 123 hereof, renovation shall adhere to planning laws, architecture laws, cultural heritage laws; if the law mandates approval of competent authority prior to renovation, housing authorities shall adhere to written approval of competent authorities.
4. In respect of old villas under Point a and Point b Clause 1 Article 123 hereof, regulations below shall also be adhere to:
a) Original conditions of villas must not be altered;
b) Demolition is not allowed if villas are not severely damaged and/or prone to collapse according to inspection conclusion of provincial housing authority; if demolition for reconstruction is required, original architecture, material, building density, number of storeys, and height of villas shall be respected;
c) Additional structures are not allowed for the purpose of increasing area or expanding, expropriating area outside of the villas.
Thus, according to regulations, individuals other than owners of a house are only allowed to renovate the house if the owners of the house agree. Housing renovation must comply with the provisions of the Law on Housing and construction law.
What are the regulations on maintenance and renovation of leased houses in Vietnam?
Pursuant to the provisions of Article 132 of the Law on Housing 2023 as follows:
Maintenance and renovation of leased houses
1. Landlords have the right to maintain, renovate houses if tenants agree except for emergencies or force majeure. Tenants are responsible for enabling landlords to implement housing maintenance and renovation.
2. Landlords have the right to reasonably adjust rent after renovating if remaining rental period is at most one-third of total rental period in lease agreements; if tenants do not agree with rent adjustment, they have the right to unilaterally terminate lease agreement and receive compensation as per the law.
3. If tenants must relocate in order to facilitate housing maintenance or relocation, the parties shall negotiate temporary accommodation and rent during periods of maintenance and relocation; if tenants arrange their own accommodation and have paid rent in advance for the entirety of periods of maintenance and relocation, landlords shall reimburse the rent incurred by tenants. Periods of maintenance or renovation shall not be included in the term of lease agreements. Tenants may continue to rent once renovation and maintenance complete.
4. Tenants have the right to request landlords to maintain houses unless houses are damaged by the tenants; if landlords fail to maintain houses, tenants have the right to maintain houses as long as the they inform landlords at least 15 days in advance. Written notice shall state level of maintenance and expenditure. Landlords shall pay maintenance costs or deduct maintenance costs from rent.
Thus, maintenance and renovation of leased houses is carried out according to the above regulations.
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