Rights and obligations of homeowners and occupiers in Vietnam

Rights and obligations of homeowners and occupiers in Vietnam (Internet image)

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

1. Rights of homeowners and occupiers in Vietnam

Rights of homeowners and occupiers in Vietnam under Article 10 of the Law on Housing 2014 are as follows:

- If the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall have rights to:

+ Enjoy inalienable rights to his/her lawful housing;

+ Use the house for residential purposes and other purposes not prohibited by regulations of law.

+ Obtain the Certificate of the house(s) under their lawful homeownership as prescribed in the Law on Housing 2014 and law on land;

+ Sell housing or transfer the agreement on housing purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorize housing management ; if the agreement on housing gifting or inheritance is concluded with an entity ineligible for the homeownership in Vietnam, such entity is only entitled to the value of the house;

+ Share the public utilities in that residential area as prescribed in the Law on Housing 2014 and relevant regulations of law.

The owner of an apartment building has the right to ownership and enjoyment of the common areas and infrastructural works of such apartment building, exclusive of buildings for business or transfer to the State as prescribed, and the agreement on housing sale or lease purchase;

+ Maintain, renovate, demolish, or rebuild his/her house as prescribed in the Law on Housing 2014 and law on construction.

+ Receive the compensation as prescribed in regulations of law or payment according to fair market price when their house is demolished, imposed compulsory purchase order, or commandeered by the State for national defense and security purposes; for socio-economic development purposes, or in the state of war, state of emergency, or disaster situations;

+ File complaints, denunciation, or lawsuits over violations against their lawful ownership and other violations against law on housing.

- If for a person has a fixed-term homeownership as prescribed in Clause 1 Article 123 in the Law on Housing 2014, he/she may exercise the rights prescribed in Clause 1 of Article 10 of the Law on Housing 2014 over the homeownership period, unless otherwise agreed among the parties;

When the contractual term expires, the house which is under management of the homeowner must be returned to the initial homeowner.

- If the homeowner is a foreign organization or individual, he/she shall have the rights prescribed in Article 161 of the Law on Housing 2014.

- Any occupier other than the homeowner may exercise rights to manage or use the house as agreed with the homeowner.

2. Obligations of homeowners and occupiers in Vietnam

Obligations of homeowners and occupiers in Vietnam under Article 11 of the Law on Housing 2014 are as follows:

- If the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall have rights to:

+ Use the house for proper purposes as prescribed; compile and store documents on their house;

+ Comply with regulations on fire safety, hygiene, environment, social safety and order as prescribed;

+ Comply with regulations on housing sale or transfer of agreements on housing sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorization of housing management; and comply with the Law on marriage and family when the house which is matrimonial property is transacted.

+ Comply with regulations of law and do not cause damages to benefits of the State, public, or lawful rights and interests of other households or individuals when their house is maintained, renovated, demolished, or rebuilt;

If the homeowner is eligible for fix-term homeownership prescribed in Clause 1 Article 123 of the Law on Housing 2014, the house shall be renovated or demolished under the agreement between contracting parties;

+ Purchase insurance against fire pertaining to the house subject to insurance against fire as prescribed in law on fire safety and law on insurance business;

+ Implement effective decisions on actions against violations, disputes, complaints, or denunciation of housing, housing compensation, relocation, or demolishment made by the competent agency when the State withdraws their land, conducts land clearance, imposes compulsory purchase orders;

+ Enable related entities and competent persons to carry out the inspection, observation, or maintenance of equipment systems, technical infrastructure, or common areas;

+ Fulfill financial obligations to the State when their homeownership is recognized, their transactions are conducted and over the period in which the house is used as prescribed.

- If the homeowner is a foreign entity, except for obligations prescribed in Clause 1 of Article 11 of the Law on Housing 2014, he/she must fulfill obligations prescribed in Clause 2 Article 162 of the Law on Housing 2014.

- The occupier other than the homeowner is required to fulfill the obligations to manage or use the house under the agreement with the homeowner and as prescribed in of the Law on Housing 2014.

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