On the Ministry of Construction's Information Portal, reader B.Q. H wondered: "My company, 100% state-owned, is assigned to manage individual houses serving the office for lease business. During the office lease, do tenants carry out repairs and renovations to ensure usage needs (repair costs are carried out by the customer themselves). Please ask, when carrying out maintenance and renovation work for these rental houses, will it be carried out according to the provisions of Article 132 or Article 133 of the 2023 Housing Law?
Answering this question, after research, the Department of Housing and Real Estate Market Management has the following opinions:
Clause 1, Article 1 of the 2023 Housing Law stipulates: "This Law stipulates the ownership, development, management, operation, use of housing, housing transactions and state management of housing in Vietnam, except for the cases specified in Clause 2 of this Article".
Article 125 of the 2023 Housing Law stipulates: "Housings belonging to public assets must be used for the right purposes, effectively, avoiding loss and waste; the lease, lease-purchase and sale of houses must be for the right subjects and meet the conditions in accordance with the provisions of this Law".
Article 126 of the 2023 Housing Law has specifically stipulated the subjects and conditions for leasing and leasing-purchasing houses belonging to public assets.
In case it is a house belonging to public property, maintenance and renovation are carried out according to Article 133 of the 2023 Housing Law, if it is a house belonging to public property being leased, renovation is also carried out according to the provisions of Article 132 of the 2023 Housing Law.
Based on the provisions of the above-mentioned housing law, houses belonging to public property must be used for the right purpose for living, for the right subjects, conditions and maintained and renovated in accordance with regulations. Housing law does not have regulations on the use of houses belonging to public property to serve the office for lease business. Therefore, it is proposed that citizens study the provisions of the above-mentioned law to implement.
