What are regulations on boundary markers separating immovable property in Vietnam? Is immovable property a type of property in Vietnam?

What are regulations on boundary markers separating immovable property in Vietnam?

Pursuant to Article 176 of the Civil Code in 2015 stipulating boundary markers separating immovable property in Vietnam as follows:

- An owner of adjoining immoveable property may only erect boundary stakes and fences and build separating walls on the area covered by its land use rights.

- Adjoining land users may agree to the erection of boundary stakes and fences, the building of separating walls and the planting of trees on the boundary for use as boundary markers between the immoveable properties, and the boundary markers shall be under the multiple ownership of such persons.

- Where a boundary marker is erected on the boundary by only one party with the consent of the owner of the adjoining immoveable property, such boundary marker shall be multiple ownership property and the construction expenses shall be borne by the party having erected the marker, unless otherwise agreed. If the owner of the adjoining immoveable property does not give consent and has legitimate reason, the owner having erected the boundary stake or fence or built the separating wall must remove it.

- With respect to boundary markers which are common house walls, the owner of the adjoining immoveable property may not cut out a window or air ventilating hole or drill the wall in order to install building structures, except with the consent of the owner of the adjoining property.

- Where houses are separately built, but with adjoining walls, an owner may only drill and install building structures up to the space between the adjoining walls.

- With respect to trees which are common boundary markers, the parties have equal obligations to protect the trees, and the fruits from the trees shall be distributed equally, unless otherwise agreed.

Is immovable property a type of property in Vietnam?

Pursuant to Article 105 of the Civil Code in 2015 stipulating property in Vietnam as follows:

- Property comprises objects, money, valuable papers and property rights.

- Property includes immovable property and movable property. Immovable property and movable property may be existing property or off-plan property.

When shall a contract for a gift of immoveable property in Vietnam take effect?

Pursuant to Article 459 of the Civil Code in 2015 stipulating as follows:

- A gift of immoveable property must be recorded in writing and notarized or certified, and must be registered if the law on immoveable property requires registration of ownership.

- A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.

As regulations above, a contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.

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