- 1Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 2Resolution No. 45/2005/QH11, on implementation of the Civil Code, passed by the National Assembly
- 31992 Constitution of the Socialist Republic of Vietnam
| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 1037/2006/NQ-UBTVQH11 | Hanoi, July 27, 2006 |
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
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;
Pursuant to Resolution No. 45/2005/QH11 of June 14, 2005, of the XIth National Assembly, the 7th session, on implementation of the Civil Code;
Pursuant to Resolution No. 49/2005/QH11 of November 19, 2005, of the XIth National Assembly, the 8th session, on the 2006 law- and ordinance-making program;
RESOLVES:
Article 1.- Scope of application
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a/ House lease;
b/ House lending or temporary stay at another's house;
c/ House purchase and sale;
d/ House exchange;
e/ House donation;
f/ House inheritance;
g/ Authorization of house management between individuals.
2. Houses of the following categories shall be regarded as objects of transactions falling with the scope of application of this Resolution:
a/ Houses currently used for non-dwelling purposes which were dwelling houses at the time of establishment of civil transactions prior to July 1, 1991;
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c/ Houses currently used for dwelling purposes which had unidentified use purpose at the time of establishment of civil transactions prior to July 1, 1991.
Article 2.- Settlement principles
1. To protect legitimate rights and interests of house owners; legitimate rights and interests of transaction parties; interests of the State and public interests.
2. To encourage and respect agreement between parties to civil transactions; to promote the traditions of solidarity, mutual affection, mutual love and mutual assistance among the people; to avoid property and material waste caused by claims for houses.
3. To ensure social stability and enforceability.
House-related civil transactions specified in Clause 1, Article 1 of this Resolution which have purposes and/or contents in violation of law or against social morality shall be wholly or partially invalidated and legal ramifications arising therefrom shall be handled under the provisions of the 2005 Civil Code.
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The following cases shall be regarded as house lease contract:
1. There is a written contract jointly signed by the parties;
2. The person living in the house in question can prove that he/she lives in such house under house lease relations;
3. The owner or inheritor of the house in question or the person authorized by the house owner can prove that he/she leases such house.
Article 5.- House lessors are overseas Vietnamese and house lessees permanently reside in Vietnam
1. In case the contractual house lease term expires before the effective date of this Resolution, the house lessor and lessee may reach agreement on the continued lease of the house; if they can reach agreement thereon, they shall have to sign a house lease contract under the provisions of the 2005 Civil Code; if they fail to reach agreement thereon, the case shall be settled as follows:
a/ If the lessee has another accommodation through purchase, construction, lease, inheritance or donation, receipt of land assigned by the State for building a house, or if the lessor voluntarily creates conditions for the lessee to have another accommodation, the lessor shall be entitled to take back the house, provided that he/she shall have to inform in writing the lessee thereof at least six months in advance;
b/ If the lessee has no other accommodation, the lessor shall still be entitled to take back the house, provided that he/she shall have to inform in writing the lessee thereof at least twelve months in advance.
2. In case the contractual house lease term is still valid by the effective date of this Resolution, unless otherwise agreed by the parties, the lessor shall be entitled to take back the house from the date of expiration of the lease term, provided that he/she shall have to inform in writing the lessee thereof at least six months in advance.
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Article 6.- House lessors permanently reside in Vietnam and house lessees are overseas Vietnamese
In case the house lessor permanently resides in Vietnam, the lessee is an overseas Vietnamese and the house in question is being used by another person, the house lease contract between the lessor and lessee shall terminate; the lessor and current user of the house may reach agreement on continued lease; if they can reach such agreement, they shall have to sign a house lease contract under the 2005 Civil Code; if they fail to reach such agreement, the lessor shall be entitled to take back the house, provided that the lessor shall have to inform in writing the current user thereof at least twelve months in advance.
Article 7.- Both house lessors and lessees settle abroad
In case both the house lessor and lessee settle abroad while another person permanently residing in Vietnam is using the house in question, the contract between the house lessor and lessee shall terminate. Contractual relations between the owner-lessor and the current user of the house in question shall comply with the provisions of Article 6 of this Resolution.
HOUSE LENDING, TEMPORARY HOUSE STAY
Article 8.- Contracts on house lending or temporary house stay
The following cases shall be regarded as contract on house lending or temporary house stay:
1. There is a written contract jointly signed by the parties;
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3. The owner or inheritor of the house or the person authorized by the house owner can prove that he/she lends such house or allows another to temporarily stay in such house.
1. In case the contract on house lending or temporary house stay expires before the effective date of this Resolution, the house lender or party allowing for temporary house stay shall be entitled to take back the house, provided that he/she shall have to inform the house borrower or the temporarily staying party thereof at least six months in advance.
2. In case the contract on house lending or temporary house stay remains valid by the effective date of this Resolution, unless otherwise agreed by the parties, the house lender or party allowing for temporary house stay shall be entitled to take back the house from the date of expiration of the borrowing or temporary stay term, provided that he/she shall have to inform the house borrower or the temporarily staying party thereof at least six months in advance.
3. In case the term of house lending or temporary house stay is not specified in the contract, unless otherwise agreed by the parties, the house lender or party allowing for temporary house stay shall be entitled to take back the house, provided that he/she shall have to inform the house borrower or temporarily staying party thereof at least six months in advance; in case the borrower or temporarily staying party has neither other accommodation nor conditions for creating other accommodation, the parties shall have to sign a house lending contract under the provisions of the 2005 Civil Code; if they fail to reach such agreement, the lender or the party allowing for temporary house stay shall be entitled to take back the house, provided that he/she shall have to inform in writing the current house occupant thereof at least twenty four months in advance.
In case the house lender or the party allowing for temporary house stay reside in Vietnam, the house borrower or the temporarily staying party are overseas Vietnamese but the house in question is being occupied by another permanently residing in Vietnam, the contract on house lending or temporary house stay between the house lender or the party allowing for temporary house stay and the house borrower or the temporarily staying party shall terminate; the house lender or the party allowing for temporary house stay and the current occupant of the house may reach agreement on continued lending or stay; if they can reach agreement thereon, the parties shall have to sign a house lending contract under the provisions of the 2005 Civil Code; if they fail to reach such agreement, the lender or the party allowing for temporary house stay shall be entitled to take back the house, provided that he/she shall have to inform in writing the current house occupant thereof at least twelve months in advance.
In case the house lender or party allowing for temporary house stay and the house borrower or the temporarily staying party are all overseas Vietnamese and the house in question is occupied by another permanently residing in Vietnam, the contract between the house lender or the party allowing for temporary house stay and the house borrower or temporarily staying party shall terminate. Contractual relations between the house lender or the party allowing for temporary house stay and the current occupant of the house in question shall comply with the provisions of Article 10 of this Resolution.
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Article 12.- House purchase and sale contracts
The following cases shall be regarded as house purchase and sale contract:
1. There is a written contract jointly signed by the parties;
2. The person currently living in the house in question can prove that he/she has lawfully purchased such house;
3. The house owner or inheritor or the person authorized by the house owner acknowledges that he/she has sold such house.
1. In case there is no dispute over the house purchase and sale contract and ownership transfer procedures have not yet been completed, the parties shall have to complete ownership transfer procedures.
2. In case there is a dispute over the house purchase and sale contract and ownership transfer procedures have not yet been completed, the case shall be settled as follows:
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b/ If the purchaser has not yet fully paid the money and the seller has handed over the house, the purchaser shall have to pay the deficit amount of money for the house's value calculated at the market price at the time of payment and complete ownership transfer procedures;
c/ If the purchaser has not yet fully paid the money and the seller has not yet handed over the house, the seller shall have to hand over the house to the purchaser and the purchaser shall have to pay the deficit amount of money for the house's value calculated at the market price at the time of payment and complete ownership transfer procedures.
3. In case they have completed ownership transfer procedures but the seller has not yet handed over the house or the purchaser has not yet fully paid the money, the parties shall have to perform their contractual obligations, unless otherwise agreed by the parties; if the purchaser has not yet fully paid the money, he/she shall have to pay the deficit amount of money to the seller for the house's value calculated at the market price at the time of payment.
4. In case the house purchase and sale contract is subject to a condition and such condition has happened or has been met, the case shall be settled under the provisions of Clauses 1, 2 and 3 of this Article.
5. If a party fails to fulfill his/her obligations due to his/her fault, thereby causing damage, he/she shall have to pay compensations therefor under the provisions of the 2005 Civil Code.
1. In case there is no dispute over the house purchase and sale contract and ownership transfer procedures have not yet been completed, the parties shall have to complete such procedures.
2. In case there is a dispute over the house purchase and sale contract and ownership transfer procedures have not yet been completed, the parties' rights and obligations shall be dealt with under the provisions of Clause 2 and Clause 5, Article 13 of this Resolution.
3. In case they have completed ownership transfer procedures but the seller has not yet handed over the house or the purchaser has not yet fully paid the money, their rights and obligations shall be dealt with under the provisions of Clause 3 and Clause 5, Article 13 of this Resolution.
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Article 15.- House exchange contracts
The following cases shall be regarded as house exchange contract:
1. There is a written contract jointly signed by the parties;
2. The person currently living in the house in question can prove that he/she lives in such house under lawful house exchange relations;
3. The house owner or inheritor or the person authorized by the house owner acknowledges that he/she has exchanged such house.
Article 16.- Either of the house exchange parties is overseas Vietnamese
1. In case there is no dispute over the house exchange contract and the parties have handed over the houses to each other but ownership transfer procedures have not yet been completed, the parties shall have to complete such procedures.
2. In case there is a dispute over the house exchange contract and ownership transfer procedures have not yet been completed, the case shall be settled as follows:
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b/ If one party has handed over his/her house but the other party has not, the latter shall have to fulfill his/her obligation as contracted;
c/ If the parties have handed over part of their houses to each other, each party shall have to hand over the remaining part to the other;
d/ If the parties have handed over their houses to each other and there is a value difference for which the obliged party has not fully paid the money, he/she shall have to pay to the other the deficit amount of money at the market price at the time of payment;
e/ If the parties have not yet handed over their houses to each other, their contract shall be canceled, unless otherwise agreed.
3. In case house ownership transfer procedures have been completed but the parties have not yet handed over their houses to each other or one party has not yet handed over his/her house to the other, the parties shall have to perform their obligations as contracted.
4. In case the parties exchange their houses to each other for use only without transfer of house ownership, upon arising of any dispute, their case shall be settled as follows:
a/ If one party has handed over his/her house but the other party has not, the latter shall have to perform his/her obligation as contracted;
b/ If the contract has a term, upon the expiration of such term the parties shall have to restore the original status within one month after the expiration of the contract, unless otherwise agreed by the parties. If the contract does not specify any term, either party may request the restoration of the original status, provided that he/she shall have to inform in writing the other party thereof at least six months in advance.
5. If a party fails to fulfill his/her obligations due to his/her fault, thereby causing damage, he/she shall have to pay compensations therefor under the provisions of the 2005 Civil Code.
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1. In case there is no dispute over the house exchange contract and ownership transfer procedures have not yet been completed, the parties shall be allowed to establish their ownership.
2. In case there is a dispute over the house exchange contract and ownership transfer procedures have not yet been completed, the parties' rights and obligations shall be dealt with under the provisions of Clause 2 and Clause 5, Article 16 of this Resolution.
3. In case they have completed ownership transfer procedures but the parties have not yet handed over their houses to each other or one party has not yet handed over his/her house to the other, their rights and obligations shall be dealt with under the provisions of Clause 3 and Clause 5, Article 16 of this Resolution.
Article 18.- House donation contracts
The following cases shall be regarded as house donation contract:
1. There is a written contract jointly signed by the parties;
2. The person currently living in the house in question can prove that he/she lives in such house under lawful house donation relations;
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Article 19.- House donors are overseas Vietnamese and house donees permanently reside in Vietnam
1. In case there is no dispute over the house donation contract and ownership transfer procedures have not yet been completed, the house donee shall be allowed to complete procedures for establishing his/her ownership.
2. In case there is a dispute over the house donation contract and ownership transfer procedures have not yet been completed, the case shall be settled as follows:
a/ If the donee has received the house, his/her ownership of the house shall be established;
b/ If donee has not yet received the house, the house donation contract shall be canceled, unless otherwise agreed by the parties.
3. In case ownership transfer procedures have been completed but the house has not yet been handed over to the donee, the donor shall have to hand over the house to the donee within six months after the date the donee makes a written request therefor, unless otherwise agreed by the parties.
Article 20.- House donors permanently reside in Vietnam and house donees are overseas Vietnamese
1. In case there is no dispute over the house donation contract, ownership transfer procedures have not yet been completed and the house donee has received the house, the donee shall be allowed to establish his/her ownership.
2. In case there is a dispute over the house donation contract and ownership transfer procedures have not yet been completed, the house donation contract shall be canceled, unless otherwise agreed by the parties.
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Article 21.- Both house donors and donees are overseas Vietnamese
1. In case the house donee has received the house but ownership transfer procedures have not yet been completed, the donee shall be allowed to establish his/her ownership.
2. In case the house donee has not yet received the house, the house donation contract shall be canceled, unless otherwise agreed by the parties.
HOUSE INHERITANCE, HOUSE MANAGEMENT AUTHORIZATION BETWEEN INDIVIDUALS
Article 22.- House inheritance
1. In case house inheritance is opened prior to July 1, 1991, the case shall be settled as follows:
a/ If the inheritor has Vietnamese nationality or has adopted foreign nationality but still retained his/her Vietnamese nationality or has relinquished his/her Vietnamese nationality but not yet adopted foreign nationality, he/she shall be allowed to establish his/her house ownership with respect to his/her inheritance portion.
b/ If the inheritor has adopted foreign nationality and relinquished his/her Vietnamese nationality or is of Vietnamese origin but has never had Vietnamese nationality, he/she shall be entitled to enjoy his/her inheritance value.
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Article 23.- House management authorization between individuals
1. In case the house owner, before leaving the country, authorizes another person permanently residing in Vietnam to manage his/her house, if the authorization term expires prior to the effective date of this Resolution, the authorizer shall be entitled to take back the house, provided that he/she must inform the current house manager or occupant thereof at least six months in advance.
2. In case the house owner, before leaving the country, authorizes another person permanently residing in Vietnam to manage his/her house, if the authorization term remains valid by the effective date of this Resolution, the authorizer shall be entitled to take back the house from the date of expiration of the authorization term, provided that he/she must inform the current house manager or occupant thereof at least six months in advance.
3. In case the house owner, before leaving the country, authorizes another person permanently residing in Vietnam to manage his/her house, if the authorization term is not specified, the authorizer shall be entitled to take back the house, provided that he/she must inform the current house manager or occupant thereof at least twelve months in advance.
4. In case the current house manager or occupant specified in Clauses 1, 2 and 3 of this Article is not recognized as owner of the house in question, he/she shall be entitled to request the owner of such house to indemnify reasonable expenses for the care and preservation of the house.
HOUSE REPAIR, RENOVATION AND UPGRADING, HOUSE EXTENSION, BUILDING OF NEW HOUSES
Article 24.- House repair, renovation and upgrading
1. In case the house leased, lent or allowed for temporarily stay between individuals has been repaired, renovated or upgraded by the lessee, borrower or temporarily staying party, the taking back of the house shall be settled as follows:
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b/ If the house has been renovated or upgraded without prior protest of the lessor, lender or the party allowing for temporary house stay, when taking back the house, the lessor, lender or the party allowing for temporary house stay party shall have to pay to the lessee, borrower or the temporarily staying party the residual value of the renovation or upgrading cost at the market price at the time of payment, unless otherwise agreed by the parties; in case of protest of the lessor, lender or the party allowing for temporary house stay before the renovation or upgrading is carried out, the lessor, lender or the party allowing for temporary house stay shall have to pay to the lessee, the borrower or the temporarily staying party part of the residual value of the renovation or upgrading at the market price at the time of payment, unless otherwise agreed by the parties.
2. In case of authorization of house management between individuals, if the manager or user has repaired, renovated or upgraded the house, the house recipient shall have to pay to the party which has repaired, renovated or upgraded the house the residual value of the repair, renovation or upgrading at the market price at the time of payment, unless otherwise agreed by the parties.
Article 25.- House extension, building of new houses
In case the lessee, the borrower or the temporarily staying party has extended the house or built a new house within the premises of the leased, lent or temporarily stayed houses, the case shall be settled as follows:
1. If the lessor, the lender or the party allowing for temporary house stay already agreed with or lodge no complaint with a competent state agency about the house extension or the building of a new house and the new extended house area or newly built house can be used for dwelling separately from the leased, lent or temporarily stayed house, the new extended house area or newly built house shall come under the ownership of the lessee, the borrower or the temporarily staying party who shall have to pay to the lessor, the lender or the party allowing for temporary house stay the value of the right to use the land area on which the house is extended or the new house is built at the market price of land use rights transfer at the time of payment, unless otherwise agreed by the parties; if the new extended house area or newly built house cannot be used separately from the leased, lent or temporarily stayed house, the new extended house area or newly built house shall still belong to the lessor, lender or the party allowing for temporary house stay who shall have to pay to the lessee, borrower or temporarily staying party the residual value of the cost of building the extended house area or the newly built house at the market price at the time of payment, unless otherwise agreed by the parties;
2. If the lessor, the lender or the party allowing for temporary house stay disagreed with the house extension or the building of a new house, the new extended house area or newly built house shall come under the ownership of the lessor, the lender or the party allowing for temporary house stay who shall have to pay to the lessee, the borrower or the temporarily staying party the residual value of the cost of building the extended house area or the new house at the market price at the time of payment, unless otherwise agreed by the parties;
3. If the leased, lent or temporarily stayed house was demolished and the lessee, the borrower or the temporarily staying party already rebuilt the house, the case shall be settled as follows:
a/ If the lessor, the lender or the party allowing for temporary house stay agreed with the demolition or lodged no complaint with a competent state agency prior to July 1, 1996, the rebuilt house shall come under the ownership of the lessor, the lender or the party allowing for temporary house stay who shall have to pay to the lessee, the borrower or the temporarily staying party the residual value of the rebuilding cost at the market price at the time of payment, unless otherwise agreed by the parties; in case the lessor, the lender or the party allowing for temporary house stay does not reclaim the house, the rebuilt house shall come under the ownership of the lessee, the borrower or the temporarily staying party who shall have to pay to the lessor, the lender or the party allowing for temporary house stay the value of land use rights at the market price of transfer of land use rights at the time of payment, unless otherwise agreed by the parties;
b/ If the lessor, the lender or the party allowing for temporary house stay disagreed with the demolition, the rebuilt house shall come under the ownership of the lessor, the lender or the party allowing for temporary house stay who shall have to pay to the lessee, the borrower or the temporarily staying party the residual value of the rebuilding cost at the market price at the time of payment, unless otherwise agreed by the parties; in case it is agreed by the parties that the rebuilt house belongs to the lessee, the borrower or the temporarily staying party, such party shall have to pay to the lessor, the lender or the party allowing for temporary house stay the value of land use rights at the market price of land use rights transfer at the time of payment, unless otherwise agreed by the parties;
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a/ If the extended house area or newly built house can be used separately, it shall come under the ownership of the party who has extended the house or built the new house who shall have to pay to the house management authorizer the value of the right to use the land area on which the house is extended or the new house is built at the market price of land use rights transfer at the time of payment, unless otherwise agreed by the parties; if the extended house area or newly built house cannot be used separately, it shall come under the ownership of the house management authorizer who shall have to pay to the person who has extended the house or built the new house the residual value of the cost of building the extended house area or the new house at the market price at the time of payment, unless otherwise agreed by the parties;
b/ If the person who is authorized to manage or use the house already demolished the house and rebuilt another house, the rebuilt house shall come under the ownership of the authorizing party who shall have to pay to the authorized party the residual value of the rebuilding cost at the market price at the time of payment, unless otherwise agreed by the parties;
c/ If, due to a force majeure event, the house under authorized management no longer exists and the current manager or occupant already built a new house, the rebuilt house shall be recognized to come under the ownership of the current manager or occupant who shall have to pay to the authorizing party the value of land use rights at the market price of land use rights transfer at the time of payment, unless otherwise agreed by the parties.
1. In case the house is being used by an agency or organization as working office, production or business establishment or public work, the case shall be settled as follows:
a/ If the contractual house lease term expires prior to the effective date of this Resolution or is not specified in the contract, the parties shall agree on the settlement; if they cannot reach agreement thereon, the lessor shall be entitled to take back the house, provided that he/she shall have to inform in writing the lessee thereof at least twelve months in advance;
b/ If the contractual house lease term remains valid by the effective date of this Resolution, unless otherwise agreed by the parties, the lessor shall be entitled to take back the house from the date of expiration of the lease term, provided that he/she shall have to inform in writing the lessee thereof at least six months in advance.
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a/ If house is dwelt by an individual, the contractual house lease term expires prior to the effective date of this Resolution or is not specified in the contract and the lessee is an agency or organization which has not yet terminated its operation, the lessor shall be entitled to take back the house, provided that he/she shall have to inform in writing the lessee thereof at least twelve months in advance, unless otherwise agreed by the parties; if the individual liable to return the house has neither other accommodation nor conditions for creating new accommodation, a responsible agency or organization shall have to consider and offer such individual accommodation according to state policies on housing.
If the lessee is an agency or organization that has terminated its operation, the individual currently living in the house in question shall reach agreement with the lessor on the settlement; if they fail to reach agreement thereon, the lessor shall be entitled to take bank the house, provided that he/she shall have to inform in writing the individual currently living in the house thereof at least twelve months in advance; if the individual who has returned the house has neither other accommodation nor conditions to create new accommodation, the agency or organization that has taken over the rights and obligations of the agency or organization that has terminated operation shall have to consider and offer accommodation to such individual according to state policies on housing; if there is no such agency or organization, the People's Committee of the province or centrally run city where the house exists shall have to consider and settle the case;
b/ If the house is dwelt by an individual and the contractual house lease term remains valid by the effective date of this Resolution while the lessee is an agency or organization which is still operating, the lessor shall be entitled to take back the house from the date of expiration of the contractual term, provided that he/she shall have to inform in writing the lessee thereof at least six months in advance, unless otherwise agreed by the parties; if the individual who has returned the house has neither accommodation nor conditions for creating new accommodation, the agency or organization shall have to consider and offer accommodation to such individual according to state policies on housing.
If the lessee is an agency or organization that has ceased operation, the individual currently living in the house in question shall reach agreement with the lessor on the settlement; if they fail to reach agreement thereon, the lessor shall be entitled to take back the house from the date of expiration of the contract, provided that he/she shall have to inform in writing the individual currently living in the house thereof at least twelve months in advance; if the individual who has returned the house has neither accommodation nor conditions for creating new accommodation, the agency or organization that has taken over the rights and obligations of the agency or organization that has ceased operation shall have to consider and offer accommodation to such individual according to state policies on housing; if there is no such agency or organization, the People's Committee of the province or centrally run city where the house exists shall have to consider and settle the case.
1. In case the house which is borrowed by an agency or organization is being dwelt by an individual, the taking back of the house shall comply with the provisions of Article 9 of this Resolution.
2. In case the house which is borrowed by an agency or organization is used as working office, production and business establishment or public work, the taking back of the house shall comply with the provisions of Clause 1, Article 26 of this Resolution.
1. In case the house seller is an overseas Vietnamese and the purchases is a domestic agency or organization, the case shall be settled under the provisions of Article 14 of this Resolution.
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3. In case the house donor is an overseas Vietnamese, the case shall be settled under the provisions of Article 19 of this Resolution.
4. In case the house owner who is an overseas Vietnamese dies and bequeaths the house to a domestic agency or organization by testament, such agency or organization shall be entitled to inherit the house.
Article 29.- House repair, renovation or upgrading, house extension, building of new houses
1. In case the house is used for dwelling, the case shall be settled under the provisions of Article 24 and Article 25 of this Resolution.
2. In case the house is used as working office, production and business establishment or public work, the settlement shall be agreed by the parties, if no agreement can be reached, the case shall be settled under the provisions of Article 24 of this Resolution; the extended house area or newly built house shall be recognized to come under the ownership of the lessor or the lender, provided that he/she shall have to pay to the lessee or the borrower the residual value of the cost of building the extended house area or new house at the market price at the time of payment.
Article 30.- Modes of return of houses
1. In case an agency or organization shall have to return the house in question to the lessor or the lender, on a case-by-case basis, the parties may reach agreement on the return of the house by the following modes:
a/ Returning the house which is managed and used by the agency or organization;
b/ Returning another house;
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d/ The State assigns residential land to the house lessor or lender without collecting land use levies.
2. In case the leased or lent house is dwelt by individuals or does not fall into the case specified in Clause 3 of this Article though it is being used as working office, production and business establishment or public work, the agency or organization shall have to return it to the lessor or the lender under the provisions of this Resolution.
3. In case the leased or lent house is being used for defense or security purposes, in the national or public interest or it is located in an area not planned for house building, the return thereof shall be made by the modes specified at Point b, c and d, Clause 1 of this Article.
On a case-by-case basis and depending on the local practical conditions, the return of houses may be effected by one of the three modes specified at Points b, c and d, Clause 1 of this Article or by combined modes, provided that the total pecuniary value of the house and residential land paid to the lessor or lender shall not exceed the pecuniary value of the leased or lent house and residential land. If there is a difference between the value of the leased or borrowed house and residential land and the returned house and residential land, the parties shall have to pay to each other such difference in cash.
Article 31.- Return of leased or lent houses to lessors or lenders
In case the agency or organization returns the leased or borrowed house to the lessor or lender which has been repaired, renovated, upgraded, extended or rebuilt, the case shall be settled as follows:
1. Upon taking back of the house, if the lessor or lender has to pay the cost of repair, renovation, upgrading, extension of the house or building of a new house, then he/she shall have to pay it to:
a/ The individual who has incurred such cost;
b/ The agency or organization that has incurred such cost.
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Article 32.- Agencies or organizations return other houses to house lessors or lenders
In case the agency or organization returns another house to the lessor or lender, the value of the returned house and residential land shall not exceed the leased or lent house and residential land.
In case there is a difference between the leased or lent house and residential land and the returned house and residential land, the parties shall have to pay such difference in cash under the provisions of Article 33 of this Resolution.
Article 33.- Agencies or organizations pay money instead of houses to house lessors or lenders
1. In case the agency or organization pays money instead of the house to the lessor or lender, such sum of money shall not exceed the value of the leased or lent house and residential land.
2. The valuation of houses and land use rights shall be agreed by the parties, if such agreement cannot be reached, the valuation shall be conducted as follows:
a/ The house shall be valued by a competent price appraisal organization on the basis of the residual value of the house;
b/ Land use rights shall be valued on the basis of the table of prices of land of different categories, promulgated by the provincial/municipal People's Committee according to the land price frame set by the Government.
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2. In case the State assigns residential land and there is a difference in value between the leased or lent house and residential land and the assigned residential land, the parties shall have to pay to each other such difference in cash under the provisions of Point b, Clause 2, Article 33 of this Resolution.
Article 35.- Funding sources for realizing the return of houses
1. Payments shall come from the central budget in case of returning houses which are managed or used by central state agencies, political organizations or socio-political organizations or houses which are being used for defense or security purposes, national or public interests and managed by central agencies or organizations.
Payment supports shall come from the central budget in case of returning houses which are managed and used by central politico-socio-professional organizations, social organizations or socio-professional organizations under the provisions of the State Budget Law.
2. Payments shall come from local budgets in case of returning houses which are managed or used by local state agencies, political organizations or socio-political organizations or houses which are being used for defense or security purposes, national or public interests and managed by local agencies or organizations.
Payment supports shall come from local budgets in case of returning houses which are managed and used by local politico-socio-professional organizations, social organizations or socio-professional organizations under the provisions of the State Budget Law.
3. Payments in case of returning houses of organizations not specified in Clauses 1 and 2 of this Article shall be made by such organizations themselves.
PROCEDURES FOR ESTABLISHMENT OF OWNERSHIP OVER HOUSES
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Overseas Vietnamese shall be allowed to establish ownership over houses when having the following papers:
1. An application for house ownership certificate;
2. A copy of one of valid papers on land use rights specified in Clauses 1, 2 and 5, Article 50 of the 2003 Land Law;
3. The plan of the house and residential land;
4. An extract or a copy of a legally effective court judgment or decision on the resolution of disputes over the house, if any;
5. Copies of papers evidencing the applicant is an overseas Vietnamese;
6. The valid Vietnamese passport or valid foreign passport or a valid foreign passport-substituting paper. In case of use of foreign passport, a Vietnamese nationality certificate or written certification of loss of Vietnamese nationality or written certification of citizen registration is required;
7. One of the following papers:
a/ House lease contract, for cases of house lease;
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c/ House purchase and sale contract, in cases of house purchase and sale;
d/ House donation contract, in cases of house donation;
e/ Written agreement on division of the house being an estate or testament made by law;
f/ Contract on house management authorization, in cases of house management authorization between individuals;
g/ Document on house return, in cases of house return by an agency or organization.
In case there is no written contract, the party allowed to take back the house in question shall have to prove that the two parties already conducted a house civil transaction specified in this Clause.
Domestic individuals, agencies or organizations shall be allowed to establish ownership over houses when having the following papers:
1. An application for house ownership certificate;
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3. The plan of the house and residential land;
4. An extract or a copy of a legally effective court judgment or decision on the resolution of disputes over the house, if any;
5. A copy of one of the papers specified in Clause 7, Article 36 of this Resolution
6. Written authorization of a representative of the agency or organization, for cases of establishment of ownership of houses for domestic agencies or organizations.
Article 38.- Procedures for establishment of house ownership
Procedures for establishment of house ownership in case of entitlement to take back houses which are leased, lent, allowed to be stayed by another, sold, exchanged or inherited with respect to authorization of house management between individuals shall comply with the provisions of law on housing.
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a/ For cases which were already accepted by the court but not yet brought to first-instance trial or suspended from settlement prior to the effective date of this Resolution; cases where first-instance court judgments or decisions are already issued and do not yet take legal effect but are duly appealed or protested against and which are not yet brought to appellate trial before the effective date of this Resolution; and cases where first-instance court judgments or decisions are already issued and take legal effect but are protested against and which are not yet brought to reopening or cassation trial before the effective date of this Resolution, the provisions of this Resolution shall apply to the settlement of these cases according to the provisions of civil procedure law;
b/ For cases which were settled by the court strictly according to previous legal documents and the court judgments or decisions already took legal effect, the provisions of this Resolution shall not be used as grounds for lodging protests according to cassation trial procedures;
c/ For cases of claim for leased or lent houses, houses allowed for temporary stay by others or of house management authorization between individuals where the court already rejected such claims for lack of required conditions, if the involved parties make new lawsuit petitions, the court shall accept such petitions and handle them as new civil cases.
2. The period from July 1, 1996, to the effective date of this Resolution shall not be counted into the statute of limitations for settlement of civil cases with respect to house civil transactions established prior to July 1, 1991, involving overseas Vietnamese.
Article 40.- Settlement of cases where sold houses have co-inheritors being overseas Vietnamese
For cases where the house was sold before the effective date of this Resolution and has a co-inheritor being overseas Vietnamese who is entitled to enjoy part of the value of this house, which is a sum of money deposited at a Vietnamese state treasury or bank, the right of the overseas inheritor shall be dealt with as follows:
1. Filling in procedures for receiving money at the state treasury or bank according to the provisions of law. In the case, the inheritor shall produce the following papers proving his/her right to inheritance;
a/ Written agreement on the division of the estate or extract of the legally valid court judgment or decisions;
b/ Valid Vietnamese or foreign passport or valid foreign passport-substituting paper. In case of use of foreign passport, a Vietnamese nationality certificate or written certification of loss of Vietnamese nationality or citizen registration is required.
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3. Donating to an individual or organization. In this case, the donor shall make a donation contract certified by the Vietnamese diplomatic mission or consulate in the country where he/she settles.
Article 41.- Implementation provisions
This Resolution shall take effect on September 1, 2006.
The Government, the Supreme People's Court and the Supreme People's Procuracy shall, within the scope of their respective tasks and powers, have to guide the implementation of this Resolution.-
- 1Order No. 14/2006/L-CTN of August 09, 2006 on the promulgation of the resolution of The Standing Committee of The National Assembly
- 2Law No. 33/2005/QH11 of June 14, 2005 to promulgate The Civil Code
- 3Decree No. 25/1999/ND-CP of April 19, 1999, on mode of returning residential houses, the pre-return residential house-leasing prices and procedures for establishment of the ownership over residential houses prescribed in Resolution No.58/1998/NQ-UBTVQH10 of August 20, 1998 of The National Assembly Standing Committee on residential house civil transactions established before July 1, 1991
- 1Law No. 33/2005/QH11 of June 14, 2005 to promulgate The Civil Code
- 2Resolution No. 45/2005/QH11, on implementation of the Civil Code, passed by the National Assembly
- 3Law No. 13/2003/QH11 of November 26, 2003 Land Law
- 4Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 5Decree No. 25/1999/ND-CP of April 19, 1999, on mode of returning residential houses, the pre-return residential house-leasing prices and procedures for establishment of the ownership over residential houses prescribed in Resolution No.58/1998/NQ-UBTVQH10 of August 20, 1998 of The National Assembly Standing Committee on residential house civil transactions established before July 1, 1991
- 61992 Constitution of the Socialist Republic of Vietnam
Resolution No. 1037/2006/NQ-UBTVQH11 of July 27, 2006 on house-related civil transactions established prior to July 1, 1991, and involving overseas Vietnamese
- Số hiệu: 1037/2006/NQ-UBTVQH11
- Loại văn bản: Nghị quyết
- Ngày ban hành: 27/07/2006
- Nơi ban hành: Uỷ ban Thường vụ Quốc hội
- Người ký: Nguyễn Phú Trọng
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 01/09/2006
- Tình trạng hiệu lực: Còn hiệu lực