Solution of dispute and actions against violations in house quality management and maintenance in Vietnam

Solution of dispute and actions against violations in house quality management and maintenance are guided by Circular No. 05/2015/TT-BXD of the Ministry of Construction of Vietnam as follows:

1. Before the construction, the owner shall initiatively greet the owners or the managers/users of adjacent and neighboring works for checking the current conditions and take note the defects (if any) of the adjacent/neighboring works. The owners or the managers/users of adjacent and neighboring works shall cooperate with such owner in checking and recording current conditions of their houses as the basis for solution of any disputes arising.

2. During the construction process, if an adjacent/neighboring work denotes subsidence, crack, absorption, leakage or is likely to collapse due to such construction, the owner of the house shall contact the owner/manager/user of such adjacent/neighboring work for inspecting to determine the causes and to negotiate remedial measures. If the parties cannot negotiate an agreement, the arising dispute shall be solved according to law provisions.

3. Administrative violations in housing construction shall be handled according to law provisions on construction and other relevant law provisions.

Besides, Provincial People’s Committees are responsible for:

- Assigning tasks and responsibilities in housing quality management and maintenance of Services of Construction and district-level People’s Committees.

- Providing guidelines and conducting inspection of the implementation of legislative documents on housing construction and maintenance in administrative divisions; imposing penalties for violations discovered during the inspection according to regulations.

View details at Circular No. 05/2015/TT-BXD of the Ministry of Construction of Vietnam, effective from January 01, 2016.

Le Hai

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