Rights and Obligations of Homeowners and Home Users

1. Rights of Homeowners and Residential Users

Pursuant to Article 10 of the Housing Law 2014, homeowners and residential users have the following rights:

- The inviolable right to their legally owned house;- The right to use their house for residential purposes and other lawful purposes;- The right to be granted a Certificate of Ownership for their legally owned house in accordance with this Law and the law on land;- The right to sell, transfer sale contracts, lease, lease-purchase, gift, exchange, inherit, mortgage, contribute capital, lend, allow free accommodation, or delegate house management; in case of gifting or bequeathing a house to those not eligible for homeownership in Vietnam, such recipients shall only be entitled to the value of the house;- The right to use shared public utility facilities in the residential area as stipulated by this Law and relevant legislation;- If the homeowner is an apartment building owner, they have ownership and usage rights over the common areas and shared infrastructure of the apartment building, except for structures built for business purposes or those required to be handed over to the State as stipulated by law or the sale-purchase, lease-purchase agreements;- The right to maintain, renovate, demolish, and reconstruct the house in accordance with this Law and construction law;- The right to compensation as prescribed by law when the State demolishes, requisitions, or requisitions the house, or to be paid the market price if the State purchases the homeowner's legal house for national defense, security, socioeconomic development for national or public interest, or in war, emergency situations, disaster prevention, and control;- The right to file complaints, denunciations, and lawsuits against acts infringing upon their legal ownership and other housing law violations.

Residential users who are not homeowners may execute management and usage rights of the house as per the agreement with the homeowner.

2. Obligations of Homeowners and Residential Users

In addition to defining the rights of homeowners and residential users, the law also specifies the obligations that these subjects must fulfill. To be specific:

- Use the house for the correct purpose as regulated; create and store house-related records for their property;- Implement fire prevention and fighting measures, ensure hygiene, environment, and social order as prescribed by law;- Fully comply with legal provisions when selling, transferring sale contracts, leasing, lease-purchasing, gifting, exchanging, inheriting, mortgaging, contributing capital, lending, allowing free accommodation, or delegating house management; for transactions involving a house as joint marital property, the procedures set by the Law on Marriage and Family must also be followed;- Comply with the law and avoid infringing upon or causing damage to the interests of the State, public interest, and the lawful rights and interests of other organizations, households, and individuals when maintaining, renovating, demolishing, or reconstructing the house; if the house is temporarily owned as stipulated in Clause 1, Article 123 of the Housing Law 2014, the renovation and demolition must follow the agreement of the parties;- Pay fire and explosion insurance for houses subject to mandatory insurance requirements as prescribed by fire prevention and fighting laws, and insurance business laws;- Comply with the legally effective decisions of competent state agencies regarding violation handling, dispute resolution, complaint, denunciation, compensation, support, resettlement, demolition when the State recovers land, clears houses, requisitions, or purchases the house in advance;- Allow relevant parties and authorized persons to inspect, monitor, maintain equipment systems, technical infrastructure, and shared/common areas;- Fulfill financial obligations to the State when recognized homeownership, during transactions, and in the process of using the house according to law.

Residential users who are not homeowners must fulfill management and usage obligations according to the agreement with the homeowner and as specified by the Housing Law 2014.

This content is regulated in Article 11 of the Housing Law 2014.

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