THE
NATIONAL ASSEMBLY
|
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom
- Happiness
|
Law No. 56/2005/QH11
|
Ha
Noi, November 29, 2005
|
LAW
ON HOUSING
(Law
No. 56/2005/QH11)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for housing.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Houses prescribed by this Law means constructions for
dwelling and in service of daily-life needs
of households, individuals.
Article 2.- Subjects of application
This Law applies to organizations and
individuals related to house ownership, housing development,
management of use of houses, house-related transactions and state management of
houses.
Article 3.- Law application
1. In cases where there appear differences between
this Law and the law related to house ownership, housing development,
management of use of houses and state management of houses, the
provisions of this Law shall apply.
2. Where treaties to which the Socialist Republic
of Vietnam is a contracting party contain provisions different from those
of this Law, the provisions of such treaties shall apply.
Article 4.- The right to have places to live and
the right to own houses
Citizens have the right to have places to live
through the lawful establishment of houses or through buying, borrowing
houses or temporarily staying at others’ under the provisions of law. Persons
who lawfully establish their houses shall have the right to own such houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The State recognizes and protects the house ownership
rights of house owners.
2. Houses under the ownership of organizations or individuals
shall not be nationalized. In case of real necessity for defense and/or
security reasons and national interests and the State decides to
compulsorarily purchase or requisition houses, the State shall pay
compensations to house owners at market prices at the time of payment and
create conditions for them to establish other houses.
Article 6.- Housing development policies
1. The State adopts policies on planning, land, finance,
credit; on research into and application of technologies and new building
materials; on the housing real estate market and make public and transparent
administrative procedures in order to create conditions for
organizations and individuals to participate in housing development under the
provisions of law.
2. The State encourages organizations and individuals of
all economic sectors to participate in investment in development of
houses for sale, lease, rent-purchase, satisfying the housing demands of
low-income earners and people of different social strata.
3. The State actively invests in developing the
fund of state-owned houses for lease, rent- purchase, service of transfer
and rotation of public servants; adopts policies on direct supports for a
number of social policy beneficiaries to improve their housing conditions.
Article 7.- Responsibilities of Vietnam Fatherland
Front and its member organizations
Vietnam Fatherland Front and its member organizations
shall, within the ambit of their respective tasks and powers, have the responsibility
to propagate and mobilize people to observe the housing law and
supervise the observance thereof.
Article 8.- Prohibited acts in the housing domain
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Violating the provisions of this Law and the law on construction in housing development.
3. Forging, falsifying papers, distorting dossiers in the grant of house ownership right certificates.
4. Using houses for activities banned by law.
5. Illegally appropriating and using housing spaces, encroaching upon the space and facilities under common ownership or of other owners in any form.
6. Abusing positions, powers, acting ultra vires or irresponsibly in the implementation of the provisions of housing law.
7. Other acts banned in the housing domain under the provisions of law.
Chapter II
HOUSE
OWNERSHIP
Article 9.- House owners and subjects entitled to
own houses
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Subjects entitled to own houses in Vietnam include:
a/ Domestic organizations and individuals regardless of
their places of business registration or places of permanent residence;
b/ Overseas Vietnamese defined in Article 126 of this Law;
c/ Foreign organizations and individuals defined in Clause
1, Article 125 of this Law.
Article 10.- Conditions for being granted house
ownership right certificates
Organizations and individuals that satisfy the
following conditions shall be granted a house ownership right
certificate:
1. They are subjects defined in Clause 2, Article 9 of this
Law;
2. They have houses lawfully established through
construction investment, sale and purchase, donation, inheritance, house
exchange and other forms prescribed by law.
Article 11.- House ownership right certificates
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ In cases where house owners are concurrently
residential-land users or condominium apartment owners, a single house
ownership right and residential-land use right certificate shall be granted;
b/ In cases where house owners are not concurrently
residential-land users, a house ownership right certificate shall be granted.
The house ownership right and residential-land use right
certificate and the house ownership right certificate, which are defined in
this Clause, shall be referred to collectively as house ownership right
certificates.
2. The Government shall provide the contents and form of
house ownership right certificate.
Article 12.- Writing of owners’ names in house
ownership right certificates
1. For houses under the ownership of organizations, the
names of such organizations shall be written.
2. For houses under the ownership of individuals, such
individuals’ names shall be written.
3. For a house under common ownership by integration, the
name of the person agreed upon by all the owners to be named in the certificate
shall be written; if without any agreement, the names of all owners of
such house shall be written; in cases where a house is under the
common ownership of the husband and the wife, the names of both the
husband and the wife shall be written; where either the husband or the wife
is not entitled to own houses in Vietnam under the provisions of law, only the
name of the person entitled to own houses in Vietnam shall be written.
4. For a house under common ownership by shares,
the name of each owner of his/her own share shall be written and the
certificate of such house shall be granted to every owner.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. House ownership right certificates provided in this Law
shall serve as a legal basis for house owners to exercise their rights
and perform their obligations towards such houses under the provisions
of law.
2. House ownership right certificates shall no longer be
legally valid in the following cases:
a/ The houses are destroyed or demolished;
b/ The houses are confiscated or compulsorily purchased
under decisions of competent state bodies;
c/ The houses are built on leased land and the
land lease term has expired and not been extended or the land users are
not allowed to change to the form of land assignment for long- term stable
use;
d/ The houses were already granted the house ownership
right certificates which are, however, withdrawn under decisions of competent
state bodies because they were granted ultra vires, the certificate grantees
are not eligible subjects, the houses described in the certificates are not
true to their conditions when the certificates were granted or the houses were
constructed in areas banned from house construction;
e/ The houses were already granted the house ownership
right certificates which, however, have been re-granted or changed for other
house ownership right certificates under the provisions of this Law.
Article 14.- Competence to grant house ownership
right certificates
1. People’s Committees of provinces or centrally-run cities
(hereinafter referred to collectively as provincial-level People’s
Committees) shall grant house ownership right certificates to
organizations. Where the joint owners are organizations and individuals,
provincial-level People’s Committees shall grant house ownership right
certificates.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 15.- Dossiers of application for house
ownership right certificates
1. A dossier of application for house ownership right
certificates shall comprise:
a/ Application for house ownership right certificate;
b/ Copy of one of the following papers:
construction permit; decision approving the housing development project;
investment certificate; land use right certificate or one of the valid papers
on land use rights as provided for by the land law; house ownership
right papers issued by competent agencies in different periods; written
agreement of the land user, for cases the house owners are not
residential-land users and the houses were built in areas where
construction permits are not required; papers on house purchase and sale,
donation, exchange, liquidation, valuation; contract on social-house
rent-purchase; decision on presentation of gratitude house, charity house;
papers on house inheritance; court judgment or ruling, or legally effective
decision of a competent agency on house ownership; written
certification of People’s Committees of communes, wards, townships
(hereinafter referred to collectively as commune-level People’s
Committees) for other cases, excluding houses in areas banned from
construction under the provisions of law on construction;
c/ Plan of the house, residential land.
2. The Government shall specify types of papers on
establishment of houses, defined in this Article to suit each case, each
period, each type of house in urban and rural areas.
Article 16.- House ownership right
certificate-granting order
1. In urban centers, the submission of dossiers of
application for house ownership right certificates is provided for as
follows:
a/ Organizations submit dossiers at provincial-level house
management offices;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. In rural areas, the submission of dossiers of
application for house ownership right certificates is provided for as follows:
a/ Organizations submit dossiers at provincial-level house
management offices;
b/ Individuals submit dossiers at commune-level People’s
Committees or directly at district-level house management offices.
Where individuals submit dossiers at commune-level
People’s Committees, within five working days after the full receipt of
valid dossiers, commune-level People’s Committees shall have to transfer
the dossiers to district-level house management offices.
3. Within thirty days after the full receipt of
valid dossiers, competent state bodies must grant house ownership right
certificates to house owners.
House owners shall receive house ownership right
certificates at dossier-receiving offices; in case other persons receive
the certificates for them, there must be letter of authorization of
house owners, certified by commune-level People’s Committees.
4. Upon receiving house ownership right certificates, house
owners must submit the originals of the papers in the dossiers of application,
specified in Article 15 of this Law, excluding the decision approving the
housing development projects; investment certificate; land use right
certificate for cases of being granted house ownership right certificates
specified at Point b, Clause 1, Article 11 of this Law.
In rural areas, commune-level People’s Committees
shall have to recover the original papers defined in this Clause if
house owners receive house ownership right certificates at commune- level
People’s Committees. Within ten working days, commune-level People’s Committees
must submit the original papers to district-level house management offices for
inclusion in the archived dossiers.
Article 17.- Re-grant of house ownership right
certificates
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Application for re-grant of certificate, clearly
stating the reason for loss of certificate and commitment to bear
responsibility for the declared content;
b/ Paper certifying the loss of certificate, issued by the
commune-level police office of the locality where the certificate was lost,
which is enclosed with papers evidencing that the information on the loss was
carried on the mass media once, for urban areas, or the notice thereon was
posted up at the commune-level People’s Committee for ten working days,
for rural areas, except for cases where there are clear grounds that the
certificates were destroyed due to natural calamities or fires.
2. If within thirty days after the full receipt
of valid dossiers, house owners cannot find their certificates,
competent state bodies must re-grant house ownership certificates to house
owners.
Article 18.- Change of house ownership right
certificates
1. For house ownership right certificates which were
damaged, torn or fully written with changes in their change-certifying pages,
the house owners shall be granted new certificates.
2. House owners shall file their applications for
change of certificates, enclosed with the old house ownership right
certificates, and submit them to house management offices competent to grant
the certificates.
3. Within fifteen days after the full receipt of valid
dossiers, competent state bodies must grant new house ownership right
certificates to house owners.
Article 19.- Certification of changes after grant
of house ownership right certificates
1. Certification of changes after grant of house ownership
right certificates shall be effected upon the changes in areas, height, main
structures of houses; separation or merger of land plots, for cases of grant
of house ownership right certificates defind at Point a, Clause 1, Article 11
of this Law as compared to the contents already written in the certificates.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Within thirty days after the full receipt of valid
dossiers, competent state bodies must certify the change contents in house
ownership right certificates and return them to house owners.
Article 20.- Responsibilities of relevant agencies
in the grant of house ownership right certificates
1. Agencies receiving the dossiers of application for
grant, change or re-grant of certificates or for certification on the
certificates of the changes specified in Articles 16, 17, 18 and 19 of this Law
must not request the applicants to additionally submit any other papers than
the prescribed ones; in cases where the dossiers lack some papers, the
dossier-receiving agencies shall have to provide detailed guidance
for the applicants to supplement the dossiers. The time for
supplementation of dossiers shall not be counted into the time for grant of
certificates.
The dossier-receiving agencies must issue receipts
of the full submission of dossiers by organizations or individuals,
clearly indicating the date of grant of the house ownership right
certificates.
2. State bodies competent to grant, change, re-grant of
certificates, make certification of changes on certificates within the time
specified in Articles 16, 17, 18 and 19 of this Law must grant the certificates,
certify changes on certificates for house owners; in cases where they do not
grant certificates or not certify changes on the certificates, they
must issue written replies clearly notifying the reasons therefor and
return the dossiers to the applicants.
3. House management offices competent to grant
certificates must open and manage house- monitoring books. The
contents of house-monitoring books must satisfy the requirements of
monitoring the grant, change and re-grant of certificates and
certification of changes after the grant of certificates.
Article 21.- House owners’ rights
1. To possess their houses.
2. To use their houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. To maintain, renovate, demolish or reconstruct
their houses and use the housing spaces compatible with construction
planning, architecture and relevant provisions of law.
5. To complain about, denounce acts of infringing upon
their lawful house ownership rights.
6. To request competent state bodies to
grant, change, re-grant house ownership right certificates, to
certify changes after the grant of certificates according to the
provisions of this Law.
7. To exercise other rights as provided for by law.
Article 22.- House owners’ obligations
1. To fully comply with the order and procedures when requesting the grant, change or re-grant of house ownership right certificates or the certification of changes after the grant of certificates according to the provisions of this Law.
2. To manage, use, maintain, renovate, demolish or reconstruct their houses according to the provisions of law but not to affect or harm the interests of the State, public interests, legitimate interests of other people.
3. To fully carry out procedures prescribed by law when selling, leasing, donating, exchanging, bequeathing, lending, letting others to temporarily stay in, authorizing others to manage, or mortgaging their houses.
4. To fulfill the financial obligations as provided for by law when the State grants, changes or re- grants house ownership right certificates for them, or certifies changes after the grant of certificates and in the course of using their houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. To perform other obligations as provided for by law.
Chapter III
HOUSING
DEVELOPMENT
Section 1. GENERAL
PROVISIONS ON HOUSING DEVELOPMENT
Article 23.- Housing development objectives
1. Housing development means investment in the
construction, reconstruction or renovation of houses to increase the housing
space.
2. Housing development must ensure that citizens
have housing places suitable to their respective income capabilities,
the national and local socio-economic conditions; step by step improve
housing conditions of people of all strata, accelerating the formulation and
development of the housing estate market; contribute to urban and
rural development toward civilization, modernity and suitability to national
cultural identity.
3. Housing development must reflect the policies of
abolishing subsidies, implementing the socialization of housing based on the
mechanism of facilitation by the State with long-term credits at appropriate
interest rates; identify the responsibilities of persons who wish to
establish their houses, of the People’s Committees of different levels, and of
population communities in caring for and improving housing conditions.
Article 24.- Requirements on housing development
in urban centers
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Newly constructed houses in housing
development projects must meet the following requirements:
a/ In urban centers of special grade, to have at least 60%
of the floor area for condominium;
b/ In urban centers of grade 1 and grade 2, to
have at least 40% of the floor area for condominiums;
c/ In urban centers of grade 3, to have at least 20% of the
floor area for condominiums.
3. Houses in urban centers must be developed
mainly under projects. Housing development projects must include the
construction of synchronous technical infrastructures and social
infrastructures to meet the population’s demands for improvement of living
conditions under the urban standards.
4. For housing development projects, apart from
test, hand-over and putting to use under the provisions of law on
construction, the systems of power supply, water supply and drainage, fire
prevention and fighting and environmental sanitation must also be tested before
they are put to use.
Article 25.- Requirements on housing development
in rural areas
1. Compliance with plannings on construction of
residential areas, architecture, construction specifications and standards
as well as land use in accordance with provisions of law, ensuring the
sustainable rural formation and development.
2. Rural housing development must be associated
with technical infrastructure and social infrastructure development,
ensuring environmental sanitation and improvement of people’s living
conditions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Housing development must be conducted in concentrated
residential areas suitable to customs and practices of each ethnic group,
geographical characteristics, natural conditions of each zone, each region,
limiting nomadism.
2. In housing development importance must be attached to
investment in technical infrastructure and social infrastructure
development, ensuring environmental safety and sanitation, improving the
socio-cultural living conditions of people in mountainous regions.
Article 27.- Policies on housing development in
rural and mountainous areas
1. The State adopts policies on residential land
through planning rural and mountainous residential areas to ensure that
households, individuals have land for construction of houses.
2. The State implements policies on long-term credits at
preferential interest rates so that poor rural and mountainous households
and individuals have conditions to improve their housing conditions.
3. The State encourages the development of multi-storey
houses in rural areas in order to save residential land.
4. The State encourages cooperation and mutual assistance
in construction of houses.
5. The State invests in research into, application
and transfer of, scientific and technological advance in service of
housing development suitable to customs and practices of each ethnic
group, natural conditions of each zone, region.
Article 28.- Forms of housing development
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Development of separate houses of households,
individuals.
Article 29.- Housing development under projects
1. Housing development project means a combination of
proposals evidencing the efficiency of investment in housing development at a
given location or area.
2. Housing development under projects shall cover the
following cases:
a/ Development of houses for sale, lease,
lease-purchase by organizations, individuals of all economic sectors;
b/ Renovation to increase the housing space,
reconstruction of condominiums or investment in reconstruction of old housing
quarters;
c/ Development of state-owned house funds;
d/ Development of houses in service of resettlement.
Article 30.- Requirements of housing development
projects
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Housing development projects must be in
line with construction plannings, housing development program in each
period of localities;
2. Housing development projects must satisfy the
requirement of investment in construction synchronism between houses
and technical as well as social infrastructure systems. Social
infrastructures must be calculated and determined in accordance with
standards, norms and in compatibility with the population sizes of projects,
taking into account affecting elements in the course of use;
3. In housing development projects, house architectures
must reflect specific types of house;
4. Housing development projects must be appraised in
accordance with the provisions of law on construction in order to be approved
and must be qualitatively examined before they are put to use. The approving
decisions and examination results must be archived at provincial-level house management
offices for monitoring and inspection;
5. Investors must accomplish all contents of the
approved projects. In case of any changes in contents, progress of
projects, investors must report them to and obtain the approval of
competent agencies.
The Government shall specify the contents and
management of operation of housing development projects.
Article 31.- Housing development plannings
1. Plannings on construction of urban centers, rural
residential areas and projects on construction of economic zones,
industrial parks, export processing zones, hi-tech parks,
universities, colleges, intermediate professional schools, intermediate
vocational schools, high schools in mountainous regions must identify the
demands for houses and land for construction of houses and infrastructure
systems in service of such demands.
2. When approving the plannings defined in Clause 1 of
this Article, competent agencies must simultaneously approve housing development
plannings.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 32.- Housing architecture
1. Housing architecture must harmonously
combine modern architecture with traditional architecture, suit the
natural conditions, socio-cultural customs and practices of various
ethnic groups in different regions, zones.
2. Housing architecture must diversify types of
house, types of apartment suitable to socio- economic conditions, incomes
of people of different social strata in localities; efficiently use the land
funds reserved for housing development.
3. Houses built along road sides, main thoroughfares must
comply with the construction markers, ensure harmony in height, space,
architecture, aesthetics, compliance with general plannings and urban design
along each road, street.
4. The State invests in development and
promulgation of model designs, typical designs of houses in order to
satisfy the housing development demands of people, which are suitable
to each zone, region.
Article 33.- Modes of housing development
1. Houses developed with investment by organizations or
individuals for sale or lease according to market demands (hereinafter referred
to as commercial houses).
2. Houses built by households, individuals (hereinafter
referred to as separate houses)
3. Houses constructed with investment by the State,
organizations or individuals for lease or hire- purchase by subjects defined in
Articles 53 and 54 of this Law (hereinafter referred to as social houses).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Section 2. DEVELOPMENT OF COMMERCIAL HOUSES
Article 34.- Participants and conditions for
participation in the development of commercial houses
1. Domestic and foreign organizations and
individuals of all economic sectors are entitled to participate in the
development of commercial houses.
2. Domestic organizations and individuals investing
in the development of commercial houses must have housing business
registration; and for foreign organizations and individuals,
investment certificates are required as provided for by the law on investment.
Article 35.- Subjects entitled to buy, rent
commercial houses
1. Domestic organizations and individuals, regardless of
their places of business registration or places of permanent residence
registration.
2. Overseas Vietnamese entitled to own houses, to rent
houses in Vietnam, as defined in Articles 126 and 131 of this Law.
3. Foreign organizations and individuals entitled to own
houses, to rent houses in Vietnam, as defined in Clause 1 of Article 125 and
Article 131 of this Law.
Article 36.- Responsibilities of commercial
house-developing organizations and individuals
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. To ensure the completion according to progress and
quality of approved projects.
3. To publicize at the project management units’ offices,
project locations and on mass media the projects’ detailed plannings, the
number of houses for sale or lease; the number of houses already sold
or leased; the remaining number of houses; the sale prices, lease prices; mode
of payment; procedures for purchase or lease registration, the conditions for
eligibility to purchase or rent houses.
4. To carry out procedures for competent state bodies to
grant house ownership right certificates to house purchasers and hand over to
house purchasers the documents related to such houses.
In case of leasing houses, commercial house-developing
organizations or individuals shall have the responsibility to compile and
archive housing dossiers according to the provisions of Article 66 of this Law.
5. To report on results of project implementation
periodically and upon project completion to agencies competent to approve
the projects and the provincial-level People’s Committees of the localities
where exist the projects.
Article 37.- Land for commercial house development
1. Organizations and individuals may use land assigned or
leased by the State or transferred with land use rights from other
organizations or individuals in accordance with the provisions of land law for
investment in development of commercial houses.
2. A commercial house development project involving
two or more organizations or individuals registered as investors must be
subject to bidding for selection of investor. The transfer of land use rights
in housing development projects or new urban center projects where
investment in infrastructure construction has been made must be publicized and
effected through auction.
3. Bidding for selection of investors and auction of land
use rights shall comply with the provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Investors’ capital.
2. Capital of joint ventures, associations with other
organizations and/or individuals.
3. Capital borrowed from credit institutions.
4. Advance capital of parties wishing to purchase or rent
houses.
5. Capital mobilized from other sources according to the
provisions of law.
Article 39.- Sale and purchase, lease of
commercial houses
1. The modes of selling, purchasing or leasing commercial
houses shall comply with the form of lump-sum payment, deferred payment or
installment payment.
Where investors mobilize capital from advance money
of house purchasers or lessees, such mode shall only apply when the
house designs have been approved and the construction of house
foundations has been completed. The total money amount mobilized before
hand-over of houses to purchasers must not exceed 70% of the house value stated
in contracts.
2. The commercial house-selling and purchasing or -leasing
order and procedures shall comply with the provisions of Chapter V of this Law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 40.- Commercial house-designing standards
Commercial houses must be designed under general
standards prescribed by the law on construction and the following
standards:
1. Condominiums must be designed with enclosed apartments
having a floor area of not less than 45 m2 each;
2. Separate houses constructed adjacently to each other under
projects must have a construction area of not less than 50 m2 each and the
frontage of not smaller than 5 m wide;
3. Villa houses must not be built with more than three
storeys and the construction area must not exceed 50% of the land premise.
Section 3. DEVELOPMENT OF SEPARATE HOUSES OF
HOUSEHOLDS, INDIVIDUALS
Article 41.- Forms of developing separate houses
of households, individuals
1. Development of separate houses means that households or
individuals invest by themselves in construction of houses in the land premises
under their use rights.
2. Construction of separate houses of households or
individuals shall be in one of the following forms:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Hiring other organizations or individuals to build
houses;
c/ Cooperating with and assisting one another in house
construction in rural areas.
Article 42.- Requirements on development of
separate houses of households, individuals
1. Households, individuals must have lawful land
use rights, have houses not banned from modification or reconstruction
according to the provisions of law on construction.
2. Development of separate houses of households,
individuals in urban centers, rural residential areas must be in line with the
plannings approved by competent authorities; have construction permits,
except for cases where construction permits are not required under the
provisions of law on construction.
3. Construction of separate houses in urban centers must
ensure connection with common urban technical infrastructure systems.
Article 43.- Responsibilities of households,
individuals in development of separate houses
1. To comply with the construction planning,
architecture, order and procedures in construction investment.
2. To bear responsibility for the house quality.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 44.- Rural households, individuals
cooperate with and assist one another in house construction
1. Households and individuals in rural areas may
voluntarily cooperate with one another in construction of houses with the
financial capability, labor, materials of the group members.
2. Group members must reach agreement on ways of
contributing capital, labor, materials, on implementation duration, rights
and obligations of members and commit to realize the group’s
agreement.
3. The State adopts preferential policies on loan terms and
interest rates and supply model house designs for member households,
individuals to build houses.
Section 4. DEVELOPMENT OF SOCIAL HOUSES
Article 45.- Social-house funds
1. The State works out mechanisms and policies for
development of social-house funds for rent or rent-purchase by the subjects
defined in Articles 53 and 54 of this Law.
2. The State encourages domestic and foreign
organizations and individuals of all economic sectors to invest in the
development of social-house funds.
3. Social house fund-developing organizations and
individuals shall be exempt from land use levies, land rents for the
land used for construction of social houses; be entitled to exemption
from and/or reduction of relevant taxes according to the provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. To ensure the construction quality under the provisions
of law on construction.
2. To suit low-income earners’ capabilities of rent payment
or rent-purchase payment.
3. To strictly manage the process of investment,
construction, consideration and approval of subjects entitled to rent,
rent-purchase and use the social-house funds.
Article 47.- Social house-designing standards
1. Social houses in urban areas must be
condominiums designed to meet general standards prescribed by the law on
construction and to have the following number of storeys:
a/ In urban centers of special grade, they must be
five-storey or six-storey houses;
b/ In urban centers of grade 1, grade 2, grade 3, grade 4
or grade 5, they must be houses with no more than six storeys.
2. The floor area of each apartment shall not exceed 60 m2
and be completed according to house grades, and must not be smaller
than 30 m2.
3. Social houses must satisfy the technical and social
infrastructure standards prescribed for each type of urban center.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 48.- Social-house development planning
1. Plannings on construction of urban centers, rural
residential areas, economic zones, industrial parks, export processing zones,
hi-tech parks must clearly identify the planning on social-house construction.
2. Formulation, approval and publicization of social
house construction plannings shall comply with the provisions of Article 31
of this Law.
Article 49.- Land for development of social houses
1. Based on the approved construction plannings, land use
plannings and plans and social-house development projects, competent People’s
Committees shall assign or lease land for investment in the construction of
social houses.
2. The State shall exempt land use levies or land rents
upon land assignment or land lease for social-house development projects.
Article 50.- Social-house development project
investors
1. Provincial-level People’s Committees shall select
investors for development of social houses under state ownership for lease,
rent-purchase in their respective localities.
2. Organizations and individuals developing social houses
for the subjects defined in Articles 53 and 54 of this Law to rent or
rent-purchase shall be investors of housing development projects they have
invested in.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ To ensure the house construction progress and quality
strictly according to the requirements of the approved projects;
b/ To make public and transparent in their
head-offices and on the mass media the projects’ detailed plannings,
the number of houses, the number of houses already leased or rent-
purchased, the remaining number of houses, the leasing prices, the contents
of registration for house rent, rent-purchase and procedures for signing
contracts on house rent, rent-purchase;
c/ To report to provincial-level People’s Committees on the
results of attaining the targets set in the projects upon project completion;
d/ To keep documents related to projects on construction
of social houses and transfer them to units managing the operation of this
house fund.
Article 51.- Construction and management of
operation of social houses
1. Selection of consultancy units, social
house-building enterprises must be conducted through bidding under the
provisions of law.
2. Provincial-level People’s Committees shall decide
on the selection of units managing the operation of social house funds
according to the following principles:
a/ In cases where two or more units register for bidding,
the selection shall be conducted through bidding as provided for by law;
b/ In cases where only one unit registers for bidding, such
unit shall be assigned to perform the management if it is fully capable and
qualified for the management of house operation;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Units managing the operation of social-house
funds shall enjoy the regimes applicable to public-utility enterprises
and preferences in public-service activities according to the provisions of
law.
Article 52.- Investment capital sources
1. Investment capital for construction of social houses
shall be raised from the following sources:
a/ Proceeds from the sale, lease, rent-purchase of
state-owned houses;
b/ 30% to 50% of land use levies in housing development
projects in localities;
c/ State budget investment;
d/ Support money, voluntary contributions of domestic and
foreign organizations and individuals;
e/ Money mobilized from other lawful capital sources under
the provisions of law.
2. The Government shall specify sources of investment
capital for construction of social houses, units managing social-house funds
and contents of use management of these funds, ensuring the principle of
capital preservation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Subjects entitled to rent social houses are public
servants, officers and professional army men of the people’s armed forces,
workers in economic zones, industrial parks, export processing zones,
hi-tech parks and other subjects defined by the Government.
2. Persons specified in Clause 1 of this Article
who have low incomes and fall in one of the following cases shall be
entitled to rent social houses:
a/ They have no houses under their ownership and have not
yet rented or purchased state-owned houses;
b/ They have houses under their ownership but the average
area in the household is under 5 m2 of floor area/person;
c/ They have houses under their ownership, which
are, however, makeshifts, damaged or dilapidated.
Article 54.- Subjects entitled to, and conditions
for, rent-purchase of social houses
The subjects entitled to, and the conditions for,
rent-purchase of social houses shall comply with the provisions of Article 53
of this Law. Social-house rent-purchasers must make the first payment equal to
20% of the value of the rent-purchased houses.
Article 55.- Procedures for consideration
and approval of lessees, rent-purchasers of social houses
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Based on the provisions of Articles 53 and 54 of this
Law, agencies, organizations or units shall give certification of the subjects
entitled to, and the conditions for, rent or rent-purchase of social houses to
the applicants. After getting the certification of their agencies,
organizations or units, the persons wishing to rent or rent-purchase
social houses shall send their applications to provincial-level People’s
Committees for consideration and decision.
3. Provincial-level People’s Committees shall base on
the social-house funds and compare the provisions of this Section to decide on
the lessees, the rent-purchasers, to stipulate the order and procedures for
social-house rent, rent-purchase. Where the social-house funds fail to meet
the demand, the rent, rent-purchase must be conducted in the priority order.
Article 56.- Determination of leasing prices,
rent-purchase prices of social houses
1. Social house-leasing or rent-purchasing prices must
ensure the principles:
a/ Preserving capital for further investment in the
development of social house funds;
b/ Fully covering the costs of management,
maintenance, repair during the leasing or rent- purchase term.
2. The Government shall provide the price bracket for use
as a basis for provincial-level People’s Committees to promulgate house-leasing
or rent-purchase prices in their localities.
Article 57.- Principles for lease, rent-purchase
of social houses
1. Lease, rent-purchase of social houses must be
carried out for the right subjects; lessees or rent-purchasers must not
assign houses in any form during the lease or rent-purchase term,
excluding the case of house inheritance defined in Clause 2, Article 106 of
this Law; if they violate this provision, the units managing the
social-house funds shall be entitled to recover such houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. If subjects entitled to rent-purchase social houses,
after being granted the house ownership right certificates, sell such
houses, the social house fund-managing units shall have the pre-
emptive right for the purchase; where the social house-managing units
do not purchase, the house owners may sell such houses to other persons.
Social house-reselling prices must, in all
circumstances, not exceed the prices of newly constructed houses of the
same type set by provincial-level People’s Committees at the time of payment.
Section 5. DEVELOPMENT OF OFFICIAL-DUTY HOUSES
Article 58.- Official-duty house fund
1. The State invests budget capital for construction of
official-duty houses.
2. Official-duty houses are those under state ownership,
which are constructed for the subjects defined in Article 60 of this Law to
rent while performing their work.
Article 59.- Responsibilities to develop
official-duty houses
1. Agencies having officials and employees entitled to stay
in official-duty houses must identify their demands for official-duty houses
and send them to provincial-level People’s Committees for sum-up.
2. Based on the results of summing up the demands
for official-duty houses, provincial-level People’s Committees shall direct
the elaboration of plannings, plans, projects for investment in construction
of official-duty houses and approve them or submit them to the Prime Minister
for approval.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 60.- Subjects entitled to rent
official-duty houses
1. Officials and employees of Party and State
agencies, socio-political organizations who are transferred or rotated
according to working requirements and have no own houses in localities where
they come to work.
2. Professional officers of the people’s armed forces who
are transferred in service of defense or security requirements.
3. Party and State leaders who are entitled to
stay in official-duty houses while holding their positions.
Article 61.- Principles for management of official-duty houses
1. Official-duty houses must be used for the right purposes and the right subjects.
2. When the official-duty house lessees are no longer entitled to rent official-duty houses or transferred to work in other places or retire from their work, they shall have to return the official- duty houses.
3. In cases where the lessees return the official-duty houses and meet with housing difficulties, the agencies or organizations where such persons work shall work with the provincial-level People’s Committees of the localities where they live in basing on the specific situation to permit them to rent or rent-purchase the official-duty houses.
4. The Government shall specify the subjects, construction investment, management and lease of official-duty houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 62.-
Social policy beneficiaries entitled to be provided with support and
conditions for housing improvement
1.
Persons with meritorious services to the revolution.
2.
Poor households in mountainous regions or areas frequently affected by natural
disasters.
3.
Particularly disadvantaged households.
Provincial-level
People’s Committees shall specify poor households, particularly
disadvantaged households defined in Clauses 2 and 3 of this Article as suitable
to the local situation.
Article 63.-
Conditions for being provided with supports, conditions for housing improvement
Social
policy beneficiaries entitled to be provided with supports,
conditions for housing improvement defined in Clauses 2 and 3 of Article 62
of this Law must fall in one of the cases meeting with housing difficulties
defined in Clause 2, Article 53 of this Law.
Article 64.- Forms
of housing improvement supports, conditions
The
State, economic organizations, social organizations, population
communities shall provide supports and conditions for social policy
beneficiaries to improve their housing conditions in one of the following
forms:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Exemption from or reduction of land use levies when they purchase state-owned houses
or are assigned land by the State for house construction;
3.
Provision of supports in funding, materials, labor for repair,
renovation or construction of houses;
4.
Donation of gratitude houses, charity houses.
Chapter IV
MANAGEMENT OF USE OF HOUSES
Section 1.
GENERAL PROVISIONS ON MANAGEMENT OF USE OF HOUSES
Article 65.-
Contents of management of use of houses
1.
Compiling and archiving housing dossiers.
2.
Providing warranty, maintenance of, renovating or demolishing houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
Dossiers are required for all types of houses and must be archived.
2.
House owners, organizations assigned to manage state-owned house funds or
current users of houses of which the owners are not yet identified
shall have to compile and archive house dossiers and submit one copy
thereof to agencies which grant house ownership right certificates for archival
in service of house management.
3.
House dossiers submitted to house ownership right certificate-granting
agencies shall be provided as follows:
a/
For urban houses established from the effective date of this Law, a house
dossier shall cover the following contents: the name and address of the house
owner; one of the papers specified in Article 15 of this Law; the name and
address of consultancy unit, construction unit (if any); the design drawing
or the drawing on the plan of the house, residential land (if
any); the work completion dossier as required by the law on construction;
b/
For rural houses established from the effective date of this Law, a house
dossier shall cover the following contents: the name and address of the house
owner; one of the papers specified in Article 15 of this Law; the design
drawing or the drawing of the plan of the house, residential land (if any);
c/
For houses established before the effective date of this Law, a house dossier
shall cover the following contents: the name and address of the house
owner; one of the papers specified in Article 15 of this Law.
Article 67.- House
insurance
1.
The State encourages house owners to buy house insurance.
2.
The house insurance contents and procedures shall comply with the
provisions of law on insurance business.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
To compile and archive house dossers according to the provisions of Clause 2,
Article 66 of this Law.
2.
To implement regulations on house use; to keep and preserve houses,
to ensure fire prevention and fighting, environmental sanitation,
security and order; to perform financial obligations in the course of
using houses as provided for by law.
3.
When causing damage to house sections under common ownership or
houses of other owners, to restore the original state thereof or pay
compensations according to the provisions of law.
4.
To conduct maintenance of sections under their private ownership according to
regulations; to contribute fully and on time funding amounts payable
under regulations on management, operation, maintenance of the system
of equipment, system of technical infrastructure, house sections under
common ownership.
5.
To create conditions for related parties and responsible persons to
conduct inspection, supervision and maintenance of equipment system,
technical infrastructure system, house sections under common ownership.
Article 69.-
Responsibilities of house users who are not house owners
Persons
who rent, borrow or temporarily stay in, or are authorized to
manage other people’s houses shall have to use such houses under contracts
signed with the house owners and strictly comply with this Law’s provisions on
house use.
Section 2. MANAGEMENT
OF USE OF CONDOMINIUMS
Article 70.-
Sections under private ownership and sections under common ownership
in condominiums
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Sections under private ownership in condominiums include:
a/
Areas inside apartments, including balcony areas, loggias attached to such
apartments;
b/
Other areas in condominiums, recognized to be under private ownership under the
provisions of law;
c/
Systems of exclusive-use technical equipment attached to apartments, the areas
under private ownership.
3.
Sections under common ownership in condominiums include:
a/
Areas of condominiums other than the areas under private ownership defined in
Clause 2 of this Article;
b/
Space and systems of force-bearing structures, technical equipment
under common use in condominiums, including house frames, pillars,
force-bearing walls, walls surrounding the houses, apartment partition walls,
floors, roofs, tops, corridors, steps, lifts, exits, garbage discharge pipes,
technical boxes, car parks, systems of power, water or gas supply,
communications, radio and television, water drainage, decompost tanks,
lightning arresters, fire fighting and other sections not under private
ownership of any apartment;
c/
Systems of outside technical infrastructures connected to condominiums.
Article 71.-
Organization of use of condominiums
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Within
twelve months after condominiums are put to use, investors shall
have to organize meetings of condominium owners and users (hereinafter
called the condominium meetings) to elect management boards. Investors
shall have to prepare relevant contents for consideration and decision
at the condominium meetings.
Pending
the establishment of a management board, investors shall have to perform the
tasks of the management board.
2.
A condominium management board shall comprise representatives of owners
and users of such condominium.
3.
The membership of a management board shall be decided by the condominium
meeting. The term of a management board shall be three years at most. The
management boards shall operate on the principle of collectiveness and decision
by majority.
Article 72.-
Rights and responsibilities of management boards
The
condominium management board shall have the following rights and
responsibilities:
1.
To elaborate internal rules on the use of the condominium, suitable to the
specific conditions of the condominium and in accordance with the
provisions of law and submit them to the condominium meetings for
consideration and adoption;
2.
To select and sign contracts with condominium operation-managing
enterprises; to cancel contracts in cases where such enterprises fail to
comply with their commitments; to supervise the operations of
condominium-managing enterprises according to the contents of signed contracts;
3.
To gather and sum up users’ opinions and proposals relating to the condominium
management and use and the condominium service provision, and work
with functional bodies, relevant organizations and individuals in
consideration and settlement thereof;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5.
To coordinate with local administration, population groups in building
up civilized lifestyle, maintaining social order and safety in the
condominium assigned to them for management;
6.
To collect payable amounts from house owners and users as well as charges for
the use of sections under common ownership of the condominium (if any);
7.
To make payments to condominium operation-managing enterprises under
signed contracts and pay responsibility allowances to members of the
management boards and other expenses according to regulations of the
condominium meetings;
8.
To perform other tasks assigned by condominium meetings.
The
central agency performing the state management of houses shall issue
regulations on condominium management, guide and inspect the management
and use of condominiums throughout the country.
Article 73.-
Condominium operation-managing enterprises
1.
Management of condominium operation must be performed by enterprises having
professional capabilities in management of condominium operation.
Condominium
operation-managing enterprises shall manage and operate technical
systems, equipment and facilities, provide services for condominiums, maintain
condominiums and perform other tasks under contracts signed with the
condominium management boards.
2.
Condominium operation-managing enterprises are organized to manage
condominiums in different geographical areas.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3.
Condominium operation management services shall enjoy regimes
applicable to public services.
Section 3. HOUSE
WARRANTY, MAINTENANCE, RENOVATION
Article 74.- House
warranty
1.
Houses shall be provided with warranty after they are completely constructed
and put to use.
2.
Organizations or individuals building houses shall have to provide
warranty for houses; organizations and individuals supplying house equipment
shall have to provide warranty for the equipment they have supplied.
Where
houses are constructed with investment for sale, the house sellers shall have
to provide warranty for a duration specified in Clause 4 of this
Article. The house sellers may request organizations or individuals that
have constructed the houses or supplied equipment to perform the warranty
responsibility for such houses.
3.
The warranty contents shall cover the repair, replacement of house
structures, damaged equipment, defects or abnormal operation, for which the
users are not at fault.
4. The
house warranty period shall be counted from the date the investors sign the
minutes on acceptance of houses for putting to use and be specified as follows:
a/
At least sixty months for condominiums of nine or more storeys and houses of
other types which are constructed with the state budget investment;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/
At least twenty four months for houses other than those specified at
Points a and b of this Clause.
Article 75.- House
maintenance
1.
House maintenance means periodical maintenance of houses and repair
upon damage in order to maintain the house quality.
2.
House owners shall have to maintain their houses under the provisions of this
Law and the provisions of law on construction.
Article 76.- House
renovation
1.
House renovation means upgrading or expansion of the existing houses.
2.
House owners may renovate their houses; persons who are not house owners may
renovate houses in cases where the house owners so agree in writing. Renovation
of houses must comply with the provisions of this Law and the provisions of law
on construction.
Article 77.- House
maintenance, renovation requirements
1.
To ensure safety for humans and property, environmental sanitation under
the provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 78.-
Rights and obligations of house owners in maintenance and renovation of houses
1.
House owners shall have the following rights in house maintenance and
renovation:
a/
To conduct maintenance, renovation of houses by themselves or hire
organizations or individuals having full capability for practicing
construction to perform the job. In case of house overhaul or renovation
which, under regulations, requires construction permits, the house owners may
only perform the job by themselves if they are fully capable of practicing
construction;
b/
To request functional agencies to grant permits and create conditions
for house renovation when the conditions prescribed by the law on
construction are fully met;
c/
To authorize other persons to carry out the procedures and perform the
maintenance, renovation of their houses.
2.
House owners shall have the following obligations in house maintenance and
renovation:
a/
To fully comply with the provisions of law on house maintenance and
renovation; to create conditions for other house owners to perform the
maintenance and renovation of their houses;
b/
To compensate for damage caused by the maintenance, renovation of their houses;
c/
After repair or renovation, if the current status of the houses changes as
compared with the contents in the granted house ownership right certificates,
the house owners must go to agencies competent to grant house ownership
right certificates for certification of such changes in the
certificates.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
The house lessors shall perform the maintenance or renovation of houses on
lease. The house lessees must create conditions for the house lessors
to perform the house maintenance or renovation.
2.
The house lessors may renovate the houses upon the lessees’ consent,
except for force majeure reasons. The house lessors may adjust the
rents reasonably after the completion of renovation if the remaining lease
term represents one-third or less of the contractual term. In case the lessees
disagree with the rent adjustment, they may unilaterally terminate the
house-leasing contracts and get compensations for damage as provided for by
law.
3.
Where the lessees have to move to other places for house maintenance or
renovation, the parties shall reach agreement on temporary dwelling places and
house rents in the maintenance or renovation period. Where the lessees arrange
the lodgings by themselves and have already paid the rents for the whole
maintenance or renovation period, the house lessors pay the lessees the paid
rent amounts for the maintenance or renovation duration. The maintenance or
renovation duration shall not be counted into the term of the house
lease contracts. The lessees may continue renting the houses upon
completion of house maintenance or renovation.
4.
The house lessees may request the lessors to maintain the houses, except for
cases where the houses suffer damage caused by the lessees. Where the lessors do
not repair the houses, the lessees may repair them but must notify such to the
lessors at least thirty days in advance. The written notice must clearly state
the repair extent and cost. The lessors must repay the repair cost to the
lessees or gradually deduct it from the house rents.
Article 80.-
Maintenance, renovation of houses under common ownership.
1.
Owners of houses under common ownership shall have the right and obligation
to maintain and renovate houses under common ownership corresponding to
their respective ownership rights; in cases where the ownership rights
of each owner of the houses under common ownership cannot be
identified, the maintenance or renovation responsibility shall be
equally divided to all owners of the houses under common ownership. The
renovation of houses under common ownership must be agreed upon in writing by
the owners.
2.
Share of costs of maintenance, renovation of sections under common
ownership shall be agreed upon by owners of houses under common ownership and
made in writing with signatures of the parties.
Article 81.-
Condominium maintenance, renovation
1.
Condominium owners shall have the responsibility to maintain the
sections under their respective private ownership, and fulfill the
obligation in maintenance of the sections under common ownership.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Renovation of multi-storey condominiums must be carried out with designs and
cost estimates approved by competent authorities; in case of area expansion, it
must be agreed upon by at least two-thirds of the total number of condominium
owners.
Article 82.-
Maintenance and renovation of houses under state ownership
1.
Maintenance of state-owned houses shall be performed by agencies or
enterprises assigned by the State to manage such houses.
Renovation
of state-owned houses must be carried out according to designs and cost estimates
already approved by competent state bodies.
2.
State-owned houses leased or used as official-duty houses shall be
renovated under the provisions of Article 79 of this Law; in cases where
house managing agencies permit in writing the official-duty house lessees
to carry out the renovation with their own money, the renovated
sections of the houses still belong to state ownership and the organizations
assigned to manage such houses shall have to refund the money amounts to the
house lessees or gradually deduct them from rents payable by the lessees.
Section 4. HOUSE
DEMOLITION
Article 83.-
Houses subject to demolition
1.
Houses which are damaged, degraded and in danger of collapse as concluded by
competent construction quality inspection bodies.
2.
Houses subject to clearance for land recovery under decisions of competent
state bodies.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4.
Houses subject to demolition under the provisions of law on construction.
Article 84.-
Responsibilities to demolish houses
1.
House owners shall have the responsibility to demolish houses. In cases where
houses must be cleared for construction of other works, the work
investors shall have the responsibility to demolish the houses.
2.
House owners shall themselves demolish the houses if they are fully capable
thereof under the provisions of law on construction or hire capable
construction organizations or individuals to demolish the houses.
3.
Demolition of condominiums of two or more storeys and other houses of four or
more storeys must be performed by capable construction enterprises
under specific demolition schemes approved by competent state bodies, except
for emergency cases.
4.
Commune-level People’s Committees shall have to monitor and urge the demolition
of houses in their respective localities.
Article 85.- House
demolition requirements
1.
To remove people and properties from areas under demolition.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3.
To ensure safety for people, properties, adjacent works, technical
infrastructures not subject to demolition and ensure environmental sanitation
according to the provisions of law.
4.
Not to demolish houses located in residential areas between 12.00
hrs and 13.00 hrs and between 22.00 hrs and 05.00 hrs, except for emergency
cases.
Article 86.-
Coercive demolition of houses
1.
Where houses must be demolished under the provisions of Article 83 of this Law
but the house owners, project investors or current manager-users do not
voluntarily demolish the houses, competent state bodies shall issue
decisions to coerce the demolition.
2.
Competence to issue decisions on coercive demolition of houses is provided as
follows:
a/
Provincial-level People’s Committees shall issue decisions on coercive
demolition of multi- storey condominiums and state-owned houses;
b/
District-level People’s Committees shall issue decisions on coercive demolition
of houses other than those specified at Point a of this Clause.
3.
Funding for coercive demolition of houses is provided for as follows:
a/
House owners or project investors shall have to bear the costs of
coercion and expenses related to the demolition;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 87.-
Lodgings for households, individuals upon demolition of their houses
1.
House owners must find lodgings for themselves when their houses are subject to
demolition.
2.
Where the houses subject to ground clearance are demolished, the lodgings of
households or individuals shall be settled in accordance with the
policies on compensation, support and resettlement upon land recovery
by the State but the principle that the new lodgings of households
and individuals must be equal to or better than their former lodgings is guaranteed.
Article 88.-
Demolition of houses currently on lease
1.
The house lessors must notify in writing the house lessees of the time
for demolition, their rights and obligations during the demolition process at
least three months before carrying out the demolition, except for urgent cases.
2.
In cases where demolition is carried out for reconstruction of houses during
the leasing term, the lessors shall have the responsibility to arrange
new lodgings for the lessees during the reconstruction of houses, except
where the lessees agree to find lodgings by themselves. When the house
reconstruction is completed, the house lessees shall be entitled to continue
renting the houses until the expiration of contracts. Where the lessees find
the lodgings by themselves, they must not pay rents for the period of
house demolition and reconstruction; the demolition and reconstruction
period shall not be counted into the house-leasing term.
Article 89.-
Demolition of houses at house owners’ demands
1.
Demolition of houses at house owners’ demands must comply with the provisions
of Articles 84 and 85 of this Law.
2.
Demolition of condominiums of many owners at demand must be agreed upon by
two-thirds of the total number of condominium owners and must comply with the
provisions of Articles 84 and 85 of this Law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter V
HOUSE-RELATED TRANSACTIONS
Section 1.
GENERAL PROVISIONS ON HOUSE-RELATED TRANSACTIONS
Article 90.- Forms
of house-related transactions
House-related
transactions cover forms of sale and purchase, lease, rent-purchase,
donation, exchange, inheritance, mortgage, lending, permitted temporary
stay by others and authorized management of houses.
Article 91.-
Conditions for houses to be transacted
1.
In the transactions of sale and purchase, donation, exchange, inheritance,
mortgage, lending, permitted temporary stay by others, authorized management of
houses, the houses must satisfy the following conditions:
a/
Having house ownership right certificates as provided for by law;
b/
Being free from disputes over ownership rights;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
For leased houses, apart from the conditions stated in Clause 1 of
this Article, they must ensure the quality, safety for house lessees,
the power and water supply, environmental sanitation and satisfy other
essential conditions.
3.
For rent-purchased houses, the standards provided for in Section 4,
Chapter III of this Law must be ensured.
Article 92.-
Conditions on participants in house-related transactions
1.
House sellers, lessors, lease-sellers, donors, exchangers, mortgagors, lenders,
temporary stay permitters and management authorizers must satisfy the following
conditions:
a/
Being house owners or representatives under the provisions of civil law;
b/
Having civil act capacity, for individuals; having housing business
function, for organizations selling or leasing houses, except for cases
where organizations sell houses not for business purposes.
2.
House purchasers, lessees, rent-purchasers, exchangees, donees,
borrowers, temporary stayers, management authorized are organizations or
individuals; if being domestic individuals, they must have civil act capacity
regardless of their places of permanent residence registration; if being
overseas Vietnamese, they must be subjects entitled to own or lease houses in
Vietnam under the provisions of this Law; if being organizations, they shall
not depend on their places of business registration.
Article 93.- Order
and procedures for house-related transactions
1.
The parties shall directly or through their representatives reach
agreement on the sale and purchase, rent-purchase, donation, exchange,
mortgage, lending, permitted temporary stay, authorized management of
houses (hereinafter referred collectively to house contracts). In cases where
legal persons donate houses, there must be house-donation documents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/
Names and addresses of the parties;
b/
Description of characteristics of the houses;
c/
Price and payment mode, if the contract contains the agreement on price;
d/
Time for hand-over and receipt of the house; the warranty duration
(if any); the duration of house leasing, lending, permitted temporary stay,
authorized management;
e/
Rights and obligations of the parties;
f/
Commitments of the parties;
g/
Other commitments;
h/
Day, month, year of signing the contract or document;
i/
Signatures of the parties (the seals and the positions of the signees, for
organizations).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/
Individuals lease their houses for less than six months;
b/
The house sellers, lessors are organizations having the function to deal in
houses;
c/
Rent-purchase of social houses;
d/
The house donors are organizations.
4.
Either of the parties shall, according to their mutual agreement, pay taxes and
fees according to provisions of law.
5.
House purchasers, donees, exchangees, heirs shall have to submit dossiers for
being granted house ownership right certificates according to the process
provided for in Article 16 of this Law, except the cases where the house
sellers are organizations having the function to deal in houses or where the
parties otherwise agree. The house ownership rights shall be
transferred to the purchasers, donees, rent-purchasers, exchangees as from
the time the contracts are notarized, for house-related transactions between
individuals or the houses have been handed over and received as agreed
in contracts, for house-related transactions to which a party is a
house- dealing organization or from the time of opening the inheritance, for
cases of inheriting houses.
6.
For cases of leasing, lending, permitting temporary stay in, authorizing
the management of, houses for six months or more, the lessors,
lenders, temporary stay permitters, management authorizers must submit to
the commune-level People’s Committees of the localities where the houses exist
the copies of contracts regarding the provisions in this Clause.
7.
The order of mortgaging houses shall comply with the provisions of civil law.
Mortgagees may keep the house ownership right certificates in the mortgage
duration, except otherwise agreed upon by the parties.
Section 2. HOUSE
TRADING
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
House
trading prices shall be agreed upon by the parties. In case the house
price bracket is provided for by law, the trading prices must not exceed such
bracket.
Article 95.- House
trading with deferred payment, installment payment
1.
House trading with deferred payment or installment payment shall be
agreed upon by the parties and stated in house-trading contracts. In
the period of deferred payment or installment payment, the house
purchasers are entitled to use the houses and have the
responsibility to maintain such houses, except the cases where the houses
remain in the warranty period under the provisions of law on construction or
otherwise agree upon by the parties.
2.
After the house purchasers have fully paid the house sellers and carried out
the procedures for grant of house ownership right certificates, they
shall be granted house ownership right certificates by competent state
bodies.
3.
The house purchasers may sell, donate or exchange houses to other persons only
after they have made full payment to the house sellers, except the cases where
the parties otherwise agree upon.
4.
Where the house purchasers wish to return the purchased houses within the
period of deferred payment or installment payment and obtain the consents of
the sellers, the two parties shall reach agreement on modes of returning the
houses and refunding the money paid for the houses.
Article 96.-
Trading houses under common ownership
1.
Sale of houses under common ownership by integration must be consented in
writing by all the owners
In
cases where an owner of a house under common ownership does not agree to sell
it, the other owners of such house may file their application requesting the
court to settle the case according to the provisions of law. Owners of
the houses under common ownership shall have the preemptive right to buy
the houses; if the owners of houses under common ownership do not buy the
houses, such houses can be sold to other persons.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
In cases where an owner of a house under common ownership sells his/her
ownership right, the other house owners shall have the preemptive right to buy
it; within three months as from the date of receiving the notice on sale of
ownership right and the selling conditions, if not any owner buys, such
ownership right part shall be sold to other persons. In cases where the
pre-emptive rights are violated, the violators shall be handled according to
the provisions of civil law.
Article 97.-
Trading of houses currently on lease
Where
owners sell houses which are currently on lease, they must notify the lessees
of the sale and the house-selling conditions; the lessees shall have the
preemptive rights to buy if they have no other lodgings and have fulfilled
their obligations, except the cases where the houses belong to personal
ownership and houses belong to common ownership. Within one month
after the receipt of notices, if the lessees do not buy, the house
owners may sell such houses to other persons, except where the parties otherwise
agree on the time limit.
Article 98.-
Prior-purchase of houses
When
the parties have already signed contracts on house trading but the State has
the demand to buy such houses for use for national interests or public
interests, the presidents of provincial- level People’s Committees shall issue
decisions on prior-purchase of such houses. The prices, conditions and
payment modes shall comply with the agreement in house-trading
contracts concluded by the parties. The State shall pay damages to the parties
(if any). The house-trading contracts concluded by the parties shall be no
longer legally valid.
Section 3. HOUSE
LEASE
Article 99.-
House-leasing prices
1.
House-leasing prices shall be agreed upon by the parties. Where the
house-leasing price bracket is provided for by law, the leasing prices must
not exceed that bracket.
2.
Where the contracts have not yet expired but the house lessors renovate the
houses and get the consent of the lessees, the lessors may adjust the
house-leasing prices. The new house- leasing prices shall be agreed
upon by the parties; where they cannot reach agreement, the lessors
may unilaterally terminate the house-leasing contracts and must pay
compensations to the lessees according to the provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
Lease of houses under common ownership must be consented in writing by all the
owners of such houses, except the cases where owners of the houses under common
ownership lease the house sections under their respective ownership.
2.
Owners of houses under common ownership may agree to nominate their
representatives to sign house-leasing contracts.
Article 101.-
Lease of houses under state ownership
1.
Lease of state-owned houses must be for the right subjects. The house lessees
must use the houses for the right purposes, must not assign, exchange or
sublease them.
2.
Units assigned to manage state-owned house funds shall have to manage the use
of houses, maintain and renovate them according to regulations on management of
state-owned houses.
Article 102.-
Cases where house-leasing contracts terminate
1.
House-leasing contracts have expired; where contracts fail to identify the
term, the contracts shall terminate after six months as from the date the
lessors notify the lessees of the termination of the contracts.
2.
The leased houses no longer exist.
3.
The lessees have died without anyone living together.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 103.-
Unilateral termination of performance of house-leasing contracts
1.
The house lessors may unilaterally terminate the contracts when the lessees
commit one of the following acts:
a/
Failing to pay rents as agreed upon in contracts for three or more consecutive
months without plausible reasons;
b/
Using the houses not for the agreed purposes;
c/
Deliberately damaging the leased houses;
d/
Repairing, renovating, exchanging the houses they are renting, or
subleasing such houses without the consent of the house lessors;
e/
Causing disorder, environmental unhygiene, which seriously affects the
daily life of people around and has not been redressed even though such acts
had been recorded for the third time by the lessors, population group leaders,
village or hamlet chiefs.
2.
The lessees may unilaterally terminate the house-leasing contracts when the
lessors commit one of the following acts:
a/
Failing to repair their houses when they are heavily damaged;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/
When the house use rights are restricted due to interests of the third person.
3.
The party unilaterally terminating the house-leasing contracts must
notify the other party at least one month in advance, unless otherwise
agreed upon by the parties.
4.
The party unilaterally terminating the house-leasing contracts violates the
provisions of Clause 3 of this Article; if causing damage, it must
compensate therefor according to the provisions of law.
Article 104.- The
right to continue renting houses
1.
Where house owners die while the house-leasing term has not expired,
the lessees may continue renting the houses until the expiration of
the contracts. The heirs shall have the responsibility to continue
performing the previously signed house-leasing contracts, unless
otherwise agreed upon by the parties.
In
cases where there is no heir under the provisions of law, such houses shall
belong to state ownership and the current lessees may continue renting
the houses until the expiration of the contracts.
2.
In cases where house owners transfer the ownership rights to the
houses currently leased while the house-leasing term has not expired, the
lessees may continue renting the houses until the expiration of the
contracts; new house owners shall have the responsibility to continue
performing the previously concluded house-leasing contracts, unless otherwise
agreed upon by the parties.
3.
When the house lessees die while the house-leasing term has not expired, the
persons who lived together with the lessees may continue renting the
houses till the expiration of such contracts, unless otherwise agreed upon
by the parties.
Section 4.
RENT-PURCHASE OF SOCIAL HOUSES
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
Rent-purchase of social houses means that the house lessees are recognized by
competent state bodies to have the ownership rights over the houses
they are renting after fulfilling the lessees’ obligations within a set
period of time.
2.
Rent-purchase of social houses must be carried out under contracts concluded
between units assigned to manage the social-house funds and the
rent-purchasers.
3.
Upon the expiration of the contractual rent-purchase term, the rent-purchasers
of social houses must carry out the procedures according to the
provisions of Article 16 of this Law for being granted house ownership
right certificates.
Article 106.-
Rights and obligations of social-house rent-purchasers
1.
Social-house rent-purchasers must not transfer the rent-purchase rights in any
form. In cases where they no longer have the rent-purchase demands, they must
return such houses to social- house managing units. Social house-managing units
must refund a sum of money equal to 20% of the contractual value initially paid
by social-house rent-purchasers.
If
the social-house rent-purchasers transfer the rent-purchase rights to
other persons, social house- managing units shall be entitled to recover the
houses without having to refund the money amounts initially paid by
social-house rent-purchasers.
2.
Where a social-house rent-purchaser dies, the case shall be settled as follows:
a/
If his/her lawful heir(s) has (have) coinhabited in that house, such lawful
heir(s) shall be entitled to continue to rent-purchase that house;
b/
If his/her lawful heir(s) has (have) not coinhabited in that house
and the social-house rent- purchaser has gone through two-thirds of the
rent-purchase duration, the lawful heir(s) may fully pay the money amount
corresponding to the remaining one-third of the rent-purchase duration and
shall be granted house ownership right certificates by competent state bodies
according to the provisions of this Law;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/
If there is no lawful heir, the social house- managing units shall
have the responsibility to manage such houses.
Section 5. HOUSE
DONATION
Article 107.-
Donation of houses under common ownership
1.
In case of donation of houses under common ownership by integration, the
written consent of all the owners of the houses under common ownership is
required.
2.
In case of donation of houses under common ownership by shares, owners may only
donate the shares under their respective ownership and guarantee not
to affect the interests of other owners of the houses under common
ownership.
3.
Donees of houses under common ownership shall be recognized as owners of
donated houses under common ownership as from the time house donation contracts
are notarized.
Article 108.-
Donation of houses currently on lease
1.
Owners of houses currently on lease must notify the house lessees
of the donation of the houses.
2.
The lessees may continue renting the houses until the expiration of the
contracts concluded with the donors, unless otherwise agreed upon by the
parties.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 109.-
Exchange of houses under common ownership
1.
Exchange of houses under common ownership by integration must be agreed upon in
writing by all the owners of the houses under common ownership.
2.
In case of exchange of houses under common ownership by shares, the owners of
the houses under common ownership can exchange only the shares under their
respective ownership and guarantee not to affect the interests of other joint
owners.
Article 110.-
Exchange of houses currently on lease
1.
Owners of houses currently on lease must notify the lessees of the house exchange.
2.
The lessees may continue renting the houses until the expiration of the
contracts concluded with the former house owners, unless otherwise agreed upon
by the parties.
Article 111.-
Payment of value difference
If
a house exchange entails difference in value, the parties involved in the house
exchange must pay such value difference, unless otherwise agreed upon by the
parties.
Section 7. HOUSE
INHERITANCE
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
If
the heir(s) of a house under common ownership by integration is (are) the
remaining owner(s) of the house under common ownership, these persons
are entitled to inherit such houses according to testament or law. In
cases where a heir is not owner of the house under common ownership by
integration, such heir shall be paid with the house value part he/she is
entitled to.
Article 113.-
Inheritance of houses under common ownership by shares
For
houses under common ownership by shares, the shares of the estate leavers shall
be divided
to
testamentary or at-law heirs; if the houses are sold for division of their
values, the heirs shall be given priority to buy them; if the heirs do not
buy the houses, the other owners of the houses under common ownership shall
have the preemptive rights to buy the inherited parts of such houses
and pay the value of the purchased houses to the heirs.
Section 8. HOUSE
MORTGAGE
Article 114.-
Conditions for house mortgage
House
owners may mortgage their houses to ensure the performance of one or many
obligations
if
the values of such houses are bigger than the total value of the obligations
but each can only mortgage his/her house at one credit institution.
Article 115.-
Mortgage of houses under common ownership
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 116.-
Mortgage of houses currently on lease
House
owners can mortgage their houses currently on lease but must notify the house
lessees of the mortgage in writing. The lessees may continue renting the houses
until the expiration of the contracts.
Where
houses currently on lease are put to auction for performance of the
obligations of the house mortgagors, the house lessees may continue renting
the houses until the expiration of the contracts, unless otherwise agreed upon
by the parties.
Article 117.-
Cases where house mortgage contracts terminate
1.
The obligations guaranteed by the mortgage have been performed.
2.
The house mortgage has been cancelled or replaced by other security measures.
3.
The mortgaged houses have been handled.
4.
Under agreement of the parties.
Article 118.-
Handling of mortgaged houses
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
The purchasers of mortgaged houses shall be recognized as house owners from the
time of concluding the contracts.
Section 9.
LENDING, PERMITTING OTHERS TO TEMPORARILY STAY IN, ONE’S HOUSES
Article 119.-
Lending, permitting others to temporarily stay in, houses under common ownership
1.
Lending of, and the permitted temporary stay in, houses under common
ownership must be agreed upon in writing by all the owners of such
houses, except lending of, or the permitted temporary stay in houses
under private ownership. The house lenders shall have the right to
reclaim their houses according to provisions of the Civil Code.
2.
Owners of houses under common ownership may agree to nominate representatives
to sign contracts on lending of, or permitted temporary stay in, their houses.
Article 120.-
Cases of termination of contracts on lending of, permitted temporary stay in,
one’s houses
1.
The duration of house lending or permitted temporary stay has expired.
2.
The houses lent or permitted for temporary stay by others no longer exist.
3.
The house borrowers or the persons who are permitted to temporarily stay in
others’ houses die without anyone living together with them.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5.
Under agreement of the parties.
Section 10.
HOUSE MANAGEMENT AUTHORIZATION
Article 121.-
Contents of house management authorization
1.
House management authorization means that house owners authorize other
persons to perform the owners’ responsibilities in the management of
houses. The authorization contents and duration shall be agreed upon by the
parties and stated in the authorization contracts; if there is no agreement on
the authorization duration, a contract on authorization shall be valid for one
year as from the date the authorization contract is concluded.
2.
The house management authorizers must pay managerial expenses, unless otherwise
agreed upon by the parties.
Article 122.-
Authorization of management of houses under common ownership
1.
Authorization of management of houses under common ownership by
integration must be agreed upon in writing by the owners of such houses.
Owners
of houses under common ownership who possess parts under private
ownership may authorize other persons to manage such privately owned parts but
must not affect the interests of other owners.
2.
Owners of houses under common ownership shall have the responsibility to notify
other house owners of the authorization of house management, except
where the persons authorized to manage the houses are also joint owners of
such houses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
The authorization contract has expired.
2.
The authorization contents have been realized.
3.
The authorizer or the authorized unilaterally terminates the house
management contract according to the provisions of Article 124 of this Law.
4.
The authorizer or the authorized dies or has been declared dead by the court.
5.
The authorized has been missing or been declared by the court as having lost
civil act capacity.
6.
Under agreement of the two parties.
Article 124.-
Unilateral termination of performance of house management authorization
contracts
1.
The house management authorizers shall unilaterally terminate contracts
in the following cases:
a/
If the authorization covers management expenses, the authorizers shall not have
to notify the authorized in advance of the unilateral termination of
performance of the authorization contracts but must pay the authorized all
management expenses corresponding to the work performed by the authorized and
pay damages to the authorized;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
The authorized shall unilaterally terminate the contract in the following
cases:
a/
If the authorization covers management expenses, the authorized need
not to notify the authorizer in advance of the unilateral termination of
performance of the authorization contract, but must pay damages to the
authorizer (if any);
b/
If the authorization does not cover management expenses, the
authorized must notify the authorizer of the unilateral termination of
performance of the authorization contract at least one month in advance.
3.
The house management authorizers and authorized must notify the relevant third
party of the unilateral termination of performance of the house management
authorization contracts.
Chapter VI
VIETNAM-BASED HOUSES OF OVERSEAS VIETNAMESE, FOREIGN
ORGANIZATIONS OR INDIVIDUALS
Section 1. RIGHTS
TO HOUSE OWNERSHIP
Article 125.-
Rights of foreign organizations and individuals to own houses in Vietnam
1.
Foreign organizations and individuals investing in the construction of
houses for lease in Vietnam shall be granted by competent state
bodies certificates of ownership rights to such houses. The duration
of house ownership shall be the duration stated in the investment
certificates and specified in house ownership right certificates.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3.
Organizations or individuals investing in the construction of houses for sale
shall have to pay land use levies and fulfill other financial obligations as
provided for by law.
Article 126.-
Overseas Vietnamese’s rights to own houses in Vietnam
1.
Overseas Vietnamese returning to Vietnam for long-term investment, being
persons with merits of making contributions to the country, cultural
activists, scientists wishing to conduct regular activities in Vietnam
to serve the cause of national construction, persons permitted to
lead a stable life in Vietnam and other subjects defined by the National
Assembly Standing Committee, may own houses in Vietnam.
2.
Overseas Vietnamese other than those defined in Clause 1 of this Article, who
have returned to Vietnam for stay for six or more months may each own a single
house or an apartment.
Article 127.-
Dossiers of application for house ownership right certificates
Dossiers
of application for house ownership right certificates of overseas
Vietnamese, foreign organizations or individuals shall each comprise:
1.
Application for house ownership right certificate;
2.
Copy of the investment certificate, for foreign organizations or
individuals investing in the construction of houses for lease; the original
of the contract on trading, donation of house, house inheritance papers as
provided for by law, for overseas Vietnamese;
3.
Papers certifying the subject entitled to own houses in Vietnam under the
provisions of Clause 1, Article 125 and Article 126 of this Law;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 128.-
House ownership right certificate-granting order, procedures
1.
Foreign organizations and individuals, overseas Vietnamese investing in the
construction of houses for lease, after the completion of investment
construction, shall have to carry out procedures for being granted house
ownership right certificates as provided for in Article 16 of this Law before
leasing the houses.
In
case of investment in the construction of houses for sale, investors must carry
out procedures for competent bodies to grant house ownership right certificates
to house purchasers.
2.
Overseas Vietnamese trading in, donating, inheriting houses under the
provisions of Chapter V of this Law must compile dossiers for competent
state bodies to grant house ownership right certificates.
Article 129.-
Rights and obligations of house owners being overseas Vietnamese,
foreign organizations or individuals
House
owners being overseas Vietnamese, foreign organizations or individuals
shall have the rights and obligations defined in Articles 21 and 22
of this Law but have to comply with the following provisions:
1.
To mortgage houses at credit institutions licensed to operate in Vietnam;
2.
To sell, donate, bequeath houses to domestic organizations or
individuals, overseas Vietnamese entitled to own houses in Vietnam. In cases
of donating or bequeathing houses to other subjects, such subjects can only
enjoy the value of such houses;
3.
When their investment certificates expire, foreign organizations and
individuals defined in Article 125 of this Law shall have the
responsibility to hand over the houses for lease and the unsold houses not
subject to demolition to the provincial-level People’s Committees of
the localities where such houses exist. The provincial-level People’s
Committee presidents shall issue decisions to establish state ownership
over such houses and assign enterprises with function of managing
state-owned houses to manage the use of such houses according to
provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The
procedures for grant, change, re-grant of house ownership right certificates or
certification of changes after the grant of certificates shall comply with the
provisions of Articles 12, 13, 14, 17, 18 and 19 of this Law applicable to
overseas Vietnamese, foreign organizations and individuals.
Section 2. HOUSE
RENTING
Article 131.-
House lessees and renting conditions
Foreign
organizations and individuals that are allowed to enter and stay in Vietnam for
three or more consecutive months and overseas Vietnamese may rent houses in
Vietnam.
Article 132.-
Conditions on leased houses
Houses
in Vietnam, which are leased to overseas Vietnamese, foreign
organizations or individuals, must fully satisfy the following conditions:
1.
Being granted house ownership right certificates under the provisions of this
Law;
2.
Being separate houses or enclosed apartments;
3.
Ensuring quality and safety for lessees;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5.
Being free from disputes over ownership rights or use rights.
Article 133.-
Other regulations on house leasing
The
provisions of Articles 92, 93, 99, 100, 102, 103 and 104 of this Law shall
be applicable to overseas Vietnamese, foreign organizations and individuals
that rent houses in Vietnam.
Chapter VII
STATE MANAGEMENT OF HOUSES
Article 134.-
Contents of state management of houses
1.
To formulate and direct the implementation of orientations, programs, plannings
and plans on housing development.
2.
To promulgate legal documents on housing and organize the implementation
thereof.
3.
To promulgate house standards and manage house quality under house standards.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5.
To permit or suspend the construction, renovation of houses.
6.
To manage house dossiers.
7.
To conduct surveys and statistics and build data on houses.
8.
To research into, apply science and technology, and promote international
cooperation in the housing domain.
9.
To train human resources to meet housing development and management
requirements.
10.
To manage housing brokerage activities.
11.
To manage house-related public services.
12.
To examine, inspect and settle complaints and denunciations and
handle violations in the housing domain.
Article 135.-
Housing development orientations, programs and plannings
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Based on national housing development orientations, housing
policies, provincial-level People’s Committees shall draw up programs
for housing development in their respective localities and submit them to
provincial-level People’s Councils for adoption.
3.
Povincial-level People’s Committees shall have to elaborate and
approve plannings on residential areas and housing development and draw up
plannings, plans on the use of land for housing development; direct the
implementation of housing development programs, plannings and plans in
their respective localities.
Article 136.- Promulgation
of legal documents on housing
1.
Based on the Housing Law, the national housing development orientations and
the practical national socio-economic development situation, the
Government shall promulgate legal documents on house management and use
as well as housing development.
2.
The central agency performing the state management of houses shall, within the
ambit of its tasks and powers, have to promulgate or propose competent
bodies to promulgate legal documents on house management and use as well as
housing development.
3.
Provincial-level People’s Committees shall, within the ambit of their
tasks and powers, promulgate legal documents on house management and
use as well as housing development and organize the implementation of
provisions of law on house management and use as well as housing development.
Article 137.-
Permission, suspension of the construction, renovation of houses
1.
Permission of house construction or renovation must be based on plannings on
construction of urban centers and rural population quarters.
2.
Presidents of provincial-level or district-level People’s Committees
shall approve housing development projects in their respective localities
according to decentralization.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4.
House construction or renovation which fails to comply with the provisions of
Clauses 1, 2 and 3 of this Article shall be suspended by agencies
competent to approve housing development projects or to grant construction
permits.
Article 138.-
Recognition of house ownership rights
1.
Competent state bodies shall have to grant, change and re-grant
house ownership right certificates to organizations and individuals
that lawfully establish their houses under the provisions of this Law.
2.
The central agency performing the state management of houses shall
have to inspect and supervise the grant of house ownership right
certificates throughout the country.
Article 139.-
Management of house dossiers
1.
Provincial-level house management agencies shall have to manage house dossiers
defined in Article 66 of this Law, for cases where provincial-level
People’s Committees grant house ownership right certificates.
2.
District-level People’s Committees shall have to manage house dossiers defined
in Article 66 of this Law, for cases where district-level People’s
Committees grant house ownership right certificates.
3.
House dossier-managing agencies shall have to supply information on house
dossiers when so requested by organizations or individuals. The information
requesters must pay charges therefor according to the provisions of law.
Article 140.-
Surveys, statistics, building of data on houses
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Once every five years, the central house management agency shall
conduct surveys and synthesize data on houses throughout the country.
3.
The Government shall allocate budget for surveys, statistics and building of
data on houses.
Article 141.-
Scientific and technological research and application, and international
cooperation in the housing domain
1.
The State adopts policies to encourage and create conditions for scientific and
technological research and application and international cooperation in
service of housing development and management requirements.
2.
The State shall provide funding supports for the application of new
technologies, new materials in construction of houses to ensure construction
quality, progress and cost reduction.
Article 142.-
Training of human resources for housing development and management
1.
The State adopts policies on training of cadres and public servants
in service of housing development and management.
2.
The central agency performing the state management of houses shall
define the program contents and coordinate with provincial-level People’s
Committees in organizing the fostering and raising of knowledge on
housing development, business and state management for the
contingent of cadres and public servants.
Article 143.-
Management of housing brokerage activities
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
The Government shall specify the conditions for participation in housing
brokerage activities.
3.
The central agency performing the state management of houses shall promulgate
regulations on organization of housing estate brokerage activities.
Article 144.-
Management of house-related public services
1.
House-related public service-providing organizations shall be set up to meet
the demands of organizations and individuals in house management and use.
2.
The central agency performing the state management of houses shall
issue regulations on house-related public services for nationwide
application.
3.
Provincial-level People’s Committees shall decide on the establishment of
house-related public service-providing organizations and promulgate
regulations on the operations thereof in their localities.
Article 145.-
Inspection of the observance of law on housing
1.
The specialized construction inspectorate shall have to inspect the
observance of law on housing.
2.
Local house management agencies shall have to inspect the observance of law on
housing in their respective localities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.
The Government shall perform the unified state management of houses.
2.
The central agency performing the state management of houses shall be
answerable to the Government for performance of the unified state management of
houses.
3.
Ministries and ministerial-level agencies shall, within the ambit of
their respective tasks and powers, have to coordinate with the central agency
performing the state management of houses in performing the state management of
houses.
4.
People’s Committees of all levels shall have to perform the state management
of houses in their respective localities under the Government’s
decentralization.
The
Government shall define the model of housing development and management
organizations, efficiently ensuring the attainment of housing development
objectives specified in this Law.
Chapter VIII
SETTLEMENT OF DISPUTES, COMPLAINTS, DENUNCIATIONS AND
HANDLING OF VIOLATIONS OF LAW ON HOUSING
Section 1.
SETTLEMENT OF HOUSE-RELATED DISPUTES, COMPLAINTS, DENUNCIATIONS
Article 147.-
Settlement of house-related disputes
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Disputes over houses shall be settled by People’s Courts according to the
provisions of law.
Article 148.-
Complaints, denunciations and settlement of complaints, denunciations
1.
Complaint, denunciation and settlement of complaints and denunciations shall
comply with the provisions of law on complaints and denunciations.
2.
While lodging their complaints, denunciations or initiating lawsuits,
organizations and individuals shall still have to abide by
administrative decisions of competent state bodies, excluding decisions
on coercive demolition of houses. Upon the issuance of decisions on
settlement of house-related complaints or denunciations by competent
state bodies or court judgments or rulings which have taken legal effect,
the concerned parties shall have to execute such decisions or judgments.
Section 2.
HANDLING OF VIOLATIONS OF LAW ON HOUSING
Article 149.-
Handling of violators of law on housing
1.
Persons committing acts of violating the law on housing shall be
administratively handled or examined for penal liability, depending on the
nature and seriousness of their violations.
2.
Organizations and individuals that build houses in
contravention of planning without construction permits, for cases
the permits are required, or at variance with permits, shall be
handled according to the provisions of law.
3.
Those who take advantage of their positions or powers to act against the
provisions of law on housing, show irresponsibility in management thus letting
violations occur or commit other acts of violation, thus causing damage to the
rights and interests of house owners, lawful house users shall be
disciplined, administratively handled or examined for penal liability
according to the provisions of law, depending on the nature and seriousness
of their violations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Persons
who commit acts of violating the law on housing, if causing damage to the
interests of the State, the legitimate rights and interests of organizations
and/or individuals shall, apart from being handled according to Article 149 of
this Law, still have to pay compensations therefor.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 151.-
Implementation effect
This
Law shall take effect as from July 1, 2006.
Article 152.-
Legal validity of house ownership right and land use right certificates issued
before the effective date of the Housing Law
House
ownership right and land use right certificates issued in previous periods,
land use right certificates issued under the provisions of the land law which
have recognized the houses build on such land shall remain legally valid and
must not be changed under the provisions on house ownership right certificates
of Article 11 of this Law, except where house owners wish to change them for
new house ownership right certificates.
Article 153.-
Implementation guidance
The Government shall detail and guide the implementation of this Law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Van An