The usufruct right is the right of the subject to exploit the utility and enjoy the yields and profits on the property owned by another subject for a certain period of time. So, can the holder of usufruct right lease the usufruct right to real estate? LSX Lawfirm will give you an article about: “Leasing usufruct right to real estate in Vietnam”, as follows:
Legal grounds
Civil Code 2015.
What is usufruct?
Pursuant to Article 257 of the 2015 Civil Code: “Understanding right is the right of an entity to exploit the utility and enjoy yields and profits from property owned by another subject for a certain period of time. ”
We can understand, usufruct right is the right of one person to use the property of another. The usufruct right here is the right to use; exploitation, enjoyment of profits, excluding the right to dispose of property.
Rights and obligations of owners of adjacent real estate in Vietnam
Obligations of the owner in the drainage of rainwater
The use of adjoining property to affect others is prohibited. Accordingly, owners of adjoining real estate must install drainage works without being affected by rainwater falling on adjacent properties.
Obligations of the owner in the discharge of wastewater
Owners of houses and other construction works must build underground sewers; or drainage ditches to bring wastewater to a prescribed place; so that wastewater does not overflow onto the owner’s property adjacent to the real estate or to the street. public or public places.
Right to water supply and drainage
In case because of the natural location of the immovable property; the water supply and drainage forced to pass through another immovable property; the owner of the immovable property through which water flows must reserve an appropriate water supply and drainage outlet; which must not obstruct the flow of water impede or block the flow of water.
Users of water supply and drainage channels must minimize damage to property owners through which water flows when installing water pipes; If damage caused, compensation made. In case natural water flows from a high position to a low position; causing damage to the owner of the immovable property through which the water flows, the user of the water supply and drainage route not required to compensate for the damage.
Right to watering and draining water in farming
Persons who have the right to use arable land when there is a need for watering and drainage; have the right to request the surrounding land users to provide themselves with an appropriate and convenient water route for irrigation and drainage; the person requested obliged to respond to the request; if users of the water conduit cause damage to surrounding land users, they must compensate.
Right of passage
Owners of immovable property surrounded by the properties of other owners without or with insufficient access to public roads; shall have the right to request that the owner of the enclosed property reserve for himself a reasonable path on their land.
Walkway is opened on any adjoining property that is deemed most convenient and reasonable; taking into account the specifics of the site, the interests of the encumbered property; and the minimal damage caused. for real estate with open access.
The owner of the immovable property entitled to the right of passage must compensate the owner of the immovable property entitled to the right of passage; unless otherwise agreed.
Right to wire load
The owner of real estate has the right to reasonably connect electricity and communication lines through the real estate of other owners; but must ensure the safety and convenience of such owners; If damage is caused, compensation must be made.
Is it possible to lease the usufruct right to real estate?
Pursuant to Article 260 of the 2015 Civil Code, the rights of the beneficiary are as follows:
- By themselves or by allowing others to exploit, use and collect yields and profits from the subject matter of the usufruct right.
- To request the property owner to perform the obligation to repair the property as prescribed in Clause 4, Article 263 of this Code. In case of performing the obligation on behalf of the property owner, he/she may request the owner to property owners to reimburse costs.
- Lease usufruct right to the property.
Thus, with a person who has the right to usurp; The law will allow this person to exercise that right through the following activities.
This person can exploit, use, collect profits and profits on the property to be enjoyed without being obstructed by anyone. In addition, they can also let others mine and then collect profits from letting others exploit and use that property.
For properties that are damaged or degraded during use; The beneficial owner has the right to request the property owner to remedy if it falls into the case specified in Clause 4, Article 263 of this Code.
Leasing usufruct right to the property; The law does not separate the right to lease movable and immovable property, so in this case it can be understood that a person will have the right to lease the usufruct right to real estate.
Lease term of enjoyment.
Pursuant to Article 260 of the 2015 Civil Code. Regulations on leasing the usufruct right to the property depends on the time for the usufruct right. We have regulations on the duration of usufruct right as follows: The term of usufruct right is agreed upon by the parties or prescribed by law, but up to the end of the first usufruct’s life if the usufruct is an individual. and until the juridical person ceases to exist but up to 30 years if the first beneficiary is a juridical person.
Related questions
Pursuant to Article 259 of the 2015 Civil Code; usufruct right is established from the time of receipt of property transfer; unless otherwise agreed or otherwise provided by relevant law.
Pursuant to Article 261 of the 2015 Civil Code, which regulates the rights of beneficiaries. The beneficiary has no right to sell the usufruct property; This is an illegal practice without the owner’s consent.
Pursuant to Article 263 of the 2015 Civil Code, the owner has the following rights:
Dispose of property but must not change the established usufruct right.
Request the Court to disqualify the usufruct right in case the beneficiary seriously violates his/her obligations.
Pursuant to Article 263 of the 2015 Civil Code, the owner has the following obligations:
Not to obstruct or perform other acts that cause difficulties or infringe upon the legitimate rights and interests of the beneficiary.
Perform the obligation to repair the property to ensure that it is not significantly degraded, leading to the property being unusable or losing the entire utility and value of the property.
Dispose of property but must not change the established usufruct right.
You can also refer to the article related to Authority and scope of work of bailiffs in Vietnam; or Bailiff real estate in Vietnam; Bailiff under Vietnamese law; Conditions to practice as a bailiff in Vietnam or Buy land and make a certificate of notarization in Vietnam.
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