Is it compulsory to return the apartment building in Vietnam after 50 years of buying? What rights do apartment owners in Vietnam have when the apartment's useful life expires?

Is it required to have house ownership certificate when buying an apartment building under construction in Vietnam?

My wife and I are intending to buy my friend's apartmen. The building is in the process of construction, so the house ownership certificate has not been issued yet. I want to ask the following question. According to current regulations, is it required to have house ownership certificate when buying an apartment building under construction in Vietnam?

Answer:

Pursuant to Clause 2 Article 118 of the Law on Housing in 2014 stipulating requirements applied to houses entered into transactions as follows:

- The following transactions in housing are not required the Certificate:

+ Transactions in off-the-plan housing sale or mortgage;

Pursuant to Article 59 of the Law on Real Estate Trading in 2014 stipulating transfer of off-the-plan building sale or lease purchase agreement as follows:

- The buyer or the lessee may transfer the off-the-plan building sale or lease purchase agreement if the application for the Certificate of land, ownership of land and property on land granted to the buyer or the lessee has been not sent to competent agencies. The transfer of off-the-plan building sale or lease purchase agreement must be made in writing and certified by the investor.

- The agreement transferee may retain rights and obligations of the buyer or the lessee. The investor must enable contracting parties to transfer the agreement and collect no remuneration related to the agreement transfer.

- The last agreement transferee shall be granted the Certificate of rights to use land, ownership of land property on land as prescribed in law on land.

- The agreement transfer prescribed in this Article shall not apply to social house sale or lease purchase agreements.

Pursuant to the above provisions, if buying and selling an apartment building that is still under construction and the seller has not yet been granted a certificate of ownership, it is still permissible to transfer that house. The transfer must be made in writing with the investor's certification on the transfer document and should be notarized at a notary practice organization.

Is it compulsory to return the apartment building in Vietnam after 50 years of buying?

On the house ownership certificate, I see that the useful life is 50 years. Do I have to return the house after 50 years? If I still want to stay, do I have to pay any extra fee?

Answer:

Pursuant to Clause 2 Article 99 of the Law on Housing in 2014 stipulating as follows:

When the useful life of the apartment building expires as prescribed in law on construction or the apartment building is seriously damaged, or in danger of collapse, or unsafe for its occupiers, the housing authority of province shall carry out the housing quality inspection following procedures below:

a) In case the apartment building is still quality and safe for occupiers, its owner(s) entitled to use it for a period stated in the conclusion, except for cases prescribed in Clause 2 and Clause 3 Article 110 of this Law;

b) In case the apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers, the housing authority of province shall issue the conclusion on housing quality inspection and send a report to the People’s Committee of the province, then send a notification to the homeowner; the content of the notification must be disclosed on the website of the People’s Committee and the housing authority of province, and by means of local mass media.

The owner(s) of the apartment building must demolish the apartment building to renovate or rebuild a new apartment building or transfer it to the competent agency to demolish or rebuild another construction as prescribed in Clause 3 of this Article.

As regulations above, after 50 years of using, the owner of apartment building have to notify the housing authority of province to carry out the housing quality inspection. In case the apartment building is still quality and safe for occupiers, its owners are entitled to use it. In case the apartment building is seriously damaged, it shall be renovated or rebuilt.

What rights do apartment owners in Vietnam have when the apartment's useful life expires?

As far as I know, apartments have a certain useful life. What rights do apartment owners in Vietnam have when the apartment's useful life expires? Thank you!

Minh Han - han*****@gmail.com

Answer:

Pursuant to Article 116 of the Law on Housing in 2014, the relocation for the owners having the apartment building subject to demolition shall be carried out as follows:

- In case the owners do not wish to relocate in the same location, they shall be allocated housing or residential land for relocation according to conditions of the local governments as prescribed in Article 36 of this Law;

- In case the owners wish to relocate in the same location, they shall be allocated new houses whose areas are the same or bigger than the areas of old houses.

In case the State invests in renovation and reconstruction of apartment buildings but there is difference in value between old houses and new houses, the payment for difference shall be carried out in conformity with the approved plan for relocation; if the real estate enterprise and the owner agree to invest in renovation and reconstruction of apartment buildings, the difference shall be paid according to agreement between contracting parties;

- The housing relocation shall be carried out according to agreements on housing lease or lease purchase concluded between the people qualified for relocation and the agency in charge of relocation if the relocation is invested by the State; or concluded with the investor in the project if the relocation is invested the real estate enterprise;

- Apart from the relocation prescribed in this Clause, the people qualified for relocation may be paid the compensation as prescribed in law on compensation, or relocation.

- In case the State invests in renovation and reconstruction of apartment buildings, the investor must provide temporary accommodation or pay money for the people qualified for relocation to manage their accommodation during the renovation or reconstruction period; in case the real estate enterprise and the owner jointly invest in renovation and reconstruction of apartment buildings, contracting parties shall agree about the provision accommodation of the owners during the renovation or reconstruction period.

As regulations above, the owner of the apartment building at the end of the useful life will be relocated and considered for support in accordance with the provisions of the law on compensation, support and relocation. The house to be relocated must have an area of at least equal to or greater than the area of the old house.

Best regards!