Regulations on housing warranty, maintenance and home renovation in Vietnam

Regulations on housing warranty, maintenance and home renovation in Vietnam (Internet image)

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

1. Regulations on housing warranty in Vietnam

Regulations on housing warranty in Vietnam under Article 85 of the Law on Housing 2014 are as follows:

- Any organization or individual building the house must give housing warranty as prescribed in law on construction; any organization or individual provides housing equipment must give equipment warranty according to the term recommended by the producer.

Regarding housing for sale or lease purchase, the seller or the lessor must give housing warranty as prescribed in Clause 2 and Clause 3 of Article 85 of the Law on Housing 2014. The seller or the lessor is entitled to request the builder or the equipment provider to give warranty as prescribed.

- The house shall be given warranty from the date on which the construction has been completed and the house is permitted to put into operation with the warranty period below:

+ At least 60 months regarding apartment buildings;

+ At least 24 months regarding separate housing.

- The housing warranty shall include repair of frames, columns, beams, floors, walls, ceilings, roofs, terraces, stairways, paneled sections, paving, plastering, fuel supply system, electricity supply system, lighting supply system, water tank and water supply systems, septic tanks and sewage drainage systems, municipal waste;

Or solutions to cases of housing tilt, subsidence, cracking, collapse and other content as agreed in the agreement on housing sale or lease purchase.

Regarding other equipment attached to the house, the seller or the lessee shall give warranty including repair or replacement with the time limit recommended by the manufacturer.

2. Regulations on housing maintenance

Regulations on housing maintenance according to Article 86 of the Law on Housing 2014 are as follows:

- The homeowner is responsible for housing maintenance; in case it is unable to determine the homeowner, the occupier(s) of that house shall be responsible for housing maintenance.

- The housing maintenance must comply with regulations of this Law and law on construction; regarding any house prescribed in Clause 1 Article 79 of the Law on Housing 2014 must also comply with regulations on architecture and planning and law on repair, reserve, and restoration of historical and/or cultural monuments.

- The homeowner or the housing maintenance unit must ensure safety of people, assets, and ensure hygiene and environment during the housing maintenance progress; the state-owned housing maintenance must comply with regulations in Article 90 of the Law on Housing 2014.

3. Regulations on home renovation in Vietnam

Regulations on home renovation under Article 87 of the Law on Housing 2014 are as follows:

- The homeowner may renovate any house under their homeownership; the person other than the homeowner may only renovate that house with the consent of the homeowner.

- The home renovation must comply with regulations of the Law on Housing 2014 and law on construction; in case the house must be renovated under a project as prescribed in regulations of law, the renovation must be carried out according to the approved project. The renovation to state-owned houses must comply with regulations in Article 90 of the Law on Housing 2014.

- Regarding the house prescribed in Clause 1 Article 79 of the Law on Housing 2014, the renovation must comply with law on planning, architecture, management of cultural heritage; if the house must be approved by the competent agency before renovation, the homeowner, or the housing authority must comply with regulations in that approval.

- Apart from above regulations, the old house prescribed in Clause 1 Article 79 of the Law on Housing 2014 must comply with the regulations below:

+ Do not change the status quo of the villas;

+ Do not demolish the house if it is not seriously damaged, in danger of collapse according to appraisal given by the housing authority of province; if the house is reconstructed as required, it must conform to the same architecture, materials, building density, number of storeys and the height of the old villa;

+ Do not create structure in order to increase area or expand or appropriate outside space of the villa.

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