Vietnam Law has general provisions on homeownership. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask who are entities eligible for the homeownership in Vietnam? What are procedures for homeownership recognition? What are Obligations of homeowners and occupiers? What are regulations on time of transfer of the homeownership? Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing.
Entities eligible for the homeownership in Vietnam
– Vietnamese organizations, households or individuals (hereinafter referred to as Vietnamese entities).
– Overseas Vietnamese.
– Foreign organizations and individuals (hereinafter referred to as foreign entities) prescribed in Clause 1 Article 159 of 2014 Vietnam Law on Housing.
Entities eligible for the homeownership recognition
– Vietnamese entities; overseas Vietnamese permitted to enter Vietnam; foreign entities prescribed in Article 160 in 2014 Vietnam Law on Housing.
– Entities having legitimate housing through following transactions:
+ Vietnamese entities who invest in housing construction, purchase, enter into lease purchase agreements, receive gifts, receive inheritance, receive capital contribution, exchange houses, or make other transactions prescribed in regulations of law .
+ Overseas Vietnamese who enter into agreements on commercial housing purchase, lease purchase with enterprises or cooperatives conducting real estate trading (hereinafter referred to as real estate enterpris+; agreements on housing purchase, gifting, exchange, inheritance with households or individuals; agreements on residential land transfer in the project on commercial housing construction which is permitted to divide the piece of land into smaller lots/plots for sales as prescribed.
+ Foreign entities who enter into agreements as prescribed in Clause 2 Article 159 of 2014 Vietnam Law on Housing.
Procedures for homeownership recognition
– If any organization, household, or individual is eligible for homeownership and has legitimate housing prescribed in Article 8 in 2014 Vietnam Law on Housing, the house shall be granted the Certificate of land use right, homeownership and property on land (hereinafter referred to as the Certificat+. The house which is granted the Certificate must be an existing house.
– Procedures for issuance of the Certificate to the homeowner shall comply with regulations of law on land.
With respect to the fixed-term agreements on housing ownership prescribed in Clause 1 Article 123 in 2014 Vietnam Law on Housing, the buyer shall be granted the Certificate within the term of the agreement; when the contractual term of the agreement expires, the homeownership shall be retransferred to the initial homeowner; the issuance or expiration of the Certificate shall comply with regulations of the Government.
– The competent agency in charge of issuance of the Certificate must specify housing type and housing class in the Certificate as prescribed in 2014 Vietnam Law on Housing and law on construction; specify floor area and usable area regarding the apartment building; specify the name of the residential construction project approved by the competent agency regarding the housing in such project.
– The Certificate of any house in the residential construction projects for lease purchase or sale purposes shall not be granted to the investor but it shall be granted to the lessees or the buyers, unless the investor wishes to be granted the Certificate pertaining to the house which is not under any agreement on lease purchase or sale; if the investor builds houses for lease, such houses shall be granted the Certificate.
– In case the household or the individual has a multi-storey house whose each story has at least 2 apartments satisfying requirements prescribed in Clause 2 Article 46 in 2014 Vietnam Law on Housing, the competent agency shall grant the Certificate to every apartment in such house.
Rights of homeowners and occupiers
– If the homeowner is a Vietnamese entity or an oversea Vietnamese, h+she shall have rights to:
+ Enjoy inalienable rights to his/her lawful housing;
+ Use the house for residential purposes and other purposes not prohibited by regulations of law.
+ Obtain the Certificate of the house(s) under their lawful homeownership as prescribed in 2014 Vietnam Law on Housing and law on land;
+ Sell housing or transfer the agreement on housing purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorize housing management ; if the agreement on housing gifting or inheritance is concluded with an entity ineligible for the homeownership in Vietnam, such entity is only entitled to the value of the house;
+ Share the public utilities in that residential area as prescribed in 2014 Vietnam Law on Housing and relevant regulations of law.
The owner of an apartment building has the right to ownership and enjoyment of the common areas and infrastructural works of such apartment building, exclusive of buildings for business or transfer to the State as prescribed, and the agreement on housing sale or lease purchase;
+ Maintain, renovate, demolish, or rebuild his/her house as prescribed in 2014 Vietnam Law on Housing and law on construction.
+ Receive the compensation as prescribed in regulations of law or payment according to fair market price when their house is demolished, imposed compulsory purchase order, or commandeered by the State for national defense and security purposes; for socio-economic development purposes, or in the state of war, state of emergency, or disaster situations;
+ File complaints, denunciation, or lawsuits over violations against their lawful ownership and other violations against law on housing.
– If for a person has a fixed-term homeownership as prescribed in Clause 1 Article 123 in 2014 Vietnam Law on Housing, h+she may exercise the rights prescribed in Clause 1 of this Article over the homeownership period, unless otherwise agreed among the parties; when the contractual term expires, the house which is under management of the homeowner must be returned to the initial homeowner.
– If the homeowner is a foreign organization or individual, h+she shall have the rights prescribed in Article 161 of 2014 Vietnam Law on Housing.
– Any occupier other than the homeowner may exercise rights to manage or use the house as agreed with the homeowner.
Obligations of homeowners and occupiers
– If the homeowner is a Vietnamese entity or an oversea Vietnamese, h+she shall have rights to:
+ Use the house for proper purposes as prescribed; compile and store documents on their house;
+ Comply with regulations on fire safety, hygiene, environment, social safety and order as prescribed;
+ Comply with regulations on housing sale or transfer of agreements on housing sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorization of housing management; and comply with the Law on marriage and family when the house which is matrimonial property is transacted.
+ Comply with regulations of law and do not cause damages to benefits of the State, public, or lawful rights and interests of other households or individuals when their house is maintained, renovated, demolished, or rebuilt; if the homeowner is eligible for fix-term homeownership prescribed in Clause 1 Article 123 in 2014 Vietnam Law on Housing, the house shall be renovated or demolished under the agreement between contracting parties;
+ Purchase insurance against fire pertaining to the house subject to insurance against fire as prescribed in law on fire safety and law on insurance business;
+ Implement effective decisions on actions against violations, disputes, complaints, or denunciation of housing, housing compensation, relocation, or demolishment made by the competent agency when the State withdraws their land, conducts land clearance, imposes compulsory purchase orders;
+ Enable related entities and competent persons to carry out the inspection, observation, or maintenance of equipment systems, technical infrastructure, or common areas;
+ Fulfill financial obligations to the State when their homeownership is recognized, their transactions are conducted and over the period in which the house is used as prescribed.
– If the homeowner is a foreign entity, except for obligations prescribed in Clause 1 of this Article, h+she must fulfill obligations prescribed in Clause 2 Article 162 in 2014 Vietnam Law on Housing.
– The occupier other than the homeowner is required to fulfill the obligations to manage or use the house under the agreement with the homeowner and as prescribed in 2014 Vietnam Law on Housing.
Time of transfer of the homeownership
– With respect to any agreement on housing sale not prescribed in Clause 3 of this Article and any agreement on housing lease purchase, the homeownership shall be transferred from the date on which the buyer or the lessee pays off the total amount and receives the house, unless otherwise agreed.
– With respect to any agreement on housing capital contribution, gifting, or exchange, the homeownership shall be transferred from the date on which the beneficiary of that agreement receives the house.
– With respect to any agreement on housing sale concluded between the investor and the buyer, the homeownership shall be transferred from the date on which the buyer receives the house or from the date on which the buyer payoffs the total amount to the investor. With respect to any agreement on commercial housing concluded with the real estate enterprises, the homeownership shall be transferred in accordance with law on real estate trading.
– With respect to housing inheritance, the homeownership shall be transferred in accordance with law on inheritance.
– The housing-related transactions prescribed in Clause 1, 2 and 3 of this Article shall comply with requirements pertaining to housing-related transactions and the agreement must take effect as prescribed in 2014 Vietnam Law on Housing.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
If the homeowner is a Vietnamese entity or an oversea Vietnamese, he shall have the right to use the house for proper purposes as prescribed; compile and store documents on their house;
If the homeowner is a Vietnamese entity or an oversea Vietnamese, he shall have the right to comply with regulations on fire safety, hygiene, environment, social safety and order as prescribed;
If the homeowner is a Vietnamese entity or an oversea Vietnamese, he shall have the right to comply with regulations on housing sale or transfer of agreements on housing sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorization of housing management; and comply with the Law on marriage and family when the house which is matrimonial property is transacted.
Conclusion: So the above is General provisions on homeownership in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
