What are the solutions to dispute about housing in Vietnam?

What are the solutions to dispute about housing in Vietnam? (Internet image)

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

1. What are the solutions to dispute about housing in Vietnam?

According to Article 177 of the Law on Housing 2014, Solutions to dispute about housing are as follows:

- The State encourages parties in solving dispute about housing through conciliation.

- The dispute about the homeownership, right to enjoyment of housing under ownership of organizations or individuals, the dispute about agreements on housing, management of apartment building shall be settled by the People’s Court as prescribed.

- The dispute about management and use of state-owned houses shall be settled by People's Committees of provinces if that houses are under management of local governments, the Ministry of Construction shall settle houses under management of central governments;

In case any organization or individual does not agree with the decision made by the People’s Committee of the province or the Ministry of Construction, they have rights to file a lawsuit at the People’s Court as prescribed in law on administrative procedural.

- The dispute about funding for management of apartment building, management and use of funding for maintenance of the common areas in the apartment building shall be settled by the People’s Committee of the province where the housing subject to dispute is located;

If any organization or individual does not agree with the decision made by the People’s Committee of the province, they have rights to file a lawsuit at the People’s Court as prescribed in law on administrative procedural.

2. Regulations on solutions to violations against law on housing in Vietnam

Solutions to violations against law on housing according to Article 179 of the Law on Housing 2014 are as follows:

- Any person committing violations against law on housing shall face administrative sanction or face a criminal prosecution as prescribed according to nature and severity of their violations.

- Any person on duty committing violations below shall be disciplined, face administrative sanction, or face a criminal prosecution according to nature and severity of the violations:

+ Misuse position, entitlement to commit violations against regulations on approval of policies on residential construction projects; assessment and approval of residential construction projects; decision and assessment of housing selling prices, rents, or lease purchase prices; implementation of policies on housing support; determination of financial obligations of housing; management and provision of information about housing and other regulations relating to development, management and transactions in housing as prescribed in this Law;

+ Lack of responsibility for management leading to violations against law on housing, or other violations causing damage to benefits of the State, lawful rights and interests of organizations, households or individuals involved in housing development, homeowners and lawful occupiers;

+ Commit violations against regulations on administrative procedures in housing fields, regulations on reports, statistics in development and management of housing.

3. Prohibited acts regarding housing in Vietnam

Prohibited housing acts according to Article 6 of the Law on Housing 2014 include:

- Infringing the homeownership of the State, organizations, households or individuals.

- Obstructing the fulfillment of state management of housing, exercise of rights and fulfillment of obligations of the organization, household, or individual in terms of the homeownership, use of housing and housing-related transactions.

- Introducing policies on residential construction projects or residential construction projects in contravention of approved residential construction planning, residential development planning.

- Building houses on the pieces of land other than residential land; build houses in contravention of standards for design standards, housing area standards applied to each type of houses as prescribed. Applying the incorrect calculation of floor area prescribed in law on housing sale or specified in the lease purchase agreement.

- Illegal appropriation of housing areas; encroaching upon the space and facilities under common areas or ownership of other owners in any shape or form; arbitrarily change the bearing structure or change the design of private areas in the apartment building.

- Using the common areas and facilities under joint ownership or joint use for private purposes; use common areas or the areas for service provision in a mixed-use building for improper purposes against the approval of residential construction project or the approved project, unless such area is permitted to change purposes by a competent agency.

- Using mobilized capital or advance payments for housing development for improper purposes.

- The investor in a residential construction project authorizing or assigning the parties involved in investment cooperation, joint venture, association, capital contribution or other organizations, individuals to conclude agreements on housing lease, lease purchase, sale, deposit agreements on housing-related transactions or agreement on trading of land use rights in projects.

- Making transactions in housing sale or transfer of housing sale agreement, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, and permission for stay or authorization for housing management not in accordance with this Law.

- Renovating, expanding, demolishing the houses under agreements on housing lease, lease purchase, lending, permission for stay, or authorization of housing management without the consent of the homeowner.

- Using the apartments not for residential purposes; using the area for business purposes in the apartment building under approved project for trading flammable materials, explosives, providing services causing environmental pollution, noise or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of the Government.

- Using the separate houses for trading flammable materials, explosives, providing services causing environmental pollution, noise or other operations or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of law on requirements for business.

- Providing information about housing inaccurately, untruthfully, unconformably with regulations or requests of the competent agencies; destroy or falsify inf

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