Cases of terminating agreements on housing management authorization in Vietnam

Hello, Lawnet would like to answer as follows:

1. Cases of terminating agreements on housing management authorization in Vietnam

According to Article 157 of the Law on Housing 2014, cases of terminating agreements on housing management authorization are specified as follows:

(1) The authorization agreement expires.

(2) The scope of authorization.

(3) The house subject to management authorization does not exist.

(4) The authorized grantor or the authorized grantee unilaterally terminates the agreements on housing management authorization as prescribed in Article 158 of the Law on Housing 2014.

(5) The authorized grantor or the authorized grantee dies.

(6) The authorized grantee is missing or incapable of civil acts according to the decision issued by the Court.

(7) Other cases as agreed by contracting parties.

2. Scope of housing management authorization in Vietnam

According to Article 155 of the Law on Housing 2014, the scope of housing management authorization is as follows:

- The housing management authorization means the homeowner authorizes other organization or individual to exercise rights and fulfill obligations of the homeowner pertaining to management and use of housing over the duration of authorization.

- The housing management is only authorized relating to existing houses.

- The scope of housing management authorization shall be agreed by contracting parties and stated in the authorization agreement;

Note: if the contracting parties do not agree about the duration of authorization, the authorization agreement shall take effect for one year, from the day on which the authorization agreement is concluded.

- The authorizer must pay the administrative expense, unless otherwise agreed.

3. Unilateral termination of agreements on housing management authorization in Vietnam

According to Article 158 of the Law on Housing 2014, regulations on unilateral termination of housing management authorization contracts are as follows:

* The authorized grantor may unilaterally terminate agreements on housing management authorization in one of following cases:

- If the authorization incurs administrative expense, the authorized grantor is not required to notify the authorized grantee of the unilateral termination of the authorization agreement provided that he/she pays the authorized grantee the remuneration for the task performed by the grantee and the compensation;

- If the authorization does not incur administrative expense, the authorized grantor must notify the authorized grantee of the unilateral termination of the authorization agreement before at least 30 days, unless otherwise agreed.

* The authorized grantor may unilaterally terminate agreements on housing management authorization in one of following cases:

- If the authorization incurs administrative expense, the authorized grantor is not required to notify the authorized grantee of the unilateral termination of the authorization agreement but he/she must pays compensation to the authorized grantee (if any);

- If the authorization does not incur administrative expense, the authorized grantor must notify the authorized grantee of the unilateral termination of the authorization agreement before at least 30 days, unless otherwise agreed.

Note: The authorized grantor and the authorized grantee must notify the third person of the unilateral termination of the agreement on housing management authorization.

(*) According to the above regulations, there are a few things you need to keep in mind:

- Housing management authorization contracts are not required to be notarized or authenticated, unless the parties so wish;

- In case husband and wife have different permanent residence addresses, write down the permanent residence addresses of each person and both of them;

- Housing management authorization is only implemented for available housing;

- The term of authorization for the management and use of housing is agreed upon by the parties and stated in the authorization contract;

- If the parties do not have an agreement on the authorization term, the authorization contract is valid for 01 year from the date of signing the authorization contract;

- The effective date of the contract is agreed upon by the parties; In case the parties do not have an agreement, the effective date of the contract is the date of signing the contract.

Key word: contract | housing management authorization | housing management | housing | in Vietnam | Vietnam |

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