Cases of terminating agreements on housing management authorization in Vietnam

Cases of terminating agreements on housing management authorization in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

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

Cases of terminating agreements on housing management authorization under Article 157 of the Law on Housing 2014 include:

- The authorization agreement expires.

- The scope of authorization.

- The house subject to management authorization does not exist.

- The authorized grantor or the authorized grantee unilaterally terminates the agreements on housing management authorization as prescribed in Section 2.

- The authorized grantor or the authorized grantee dies.

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

- Other cases as agreed by contracting parties.

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

Unilateral termination of agreements on housing management authorization under Article 158 of the Law on Housing 2014 is 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.

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

3. Scope of housing management authorization in Vietnam

Scope of housing management authorization under Article 155 of the Law on Housing 2014 are 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; 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.

4. Regulations on authorization for management of joint owned housing in Vietnam

Regulations on authorization for management of joint owned housing under Article 156 of the Law on Housing 2014 are as follows:

- The management of houses under tenancy by the entirety shall be authorized with the consent of all joint owners; any joint owner of the house under tenancy in common is entitled to authorize other people to manage his/her share provided that it does not cause effects on interest of other joint owners.

- The joint owners must notify other homeowners of the housing management authorization, unless authorized person in charge of housing management is also the joint owner.

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