Authority related to handling complaints and disputes over housing from July 1, 2025
On June 12, 2025, the Government issued Decree 140/2025/ND-CP regulating the division of authority of local authorities at both levels in the field of state management of the Ministry of Construction.
In particular, Article 15 of Decree 140/2025/ND-CP has specific regulations on duties and authority related to handling complaints and disputes over housing as follows:
- Responsibility for handling complaints in the process of implementing regulations related to real estate in the process of implementing real estate management policies and socialist reform policies before July 1, 1991 as prescribed in Clause 1 and Clause 4, Article 16 of Resolution 755/2005/UBTVQH11 dated April 2, 2005 of the National Assembly Standing Committee regulating the settlement of a number of specific cases of real estate in the process of implementing real estate management policies and socialist reform policies before July 1, 1991 implemented by the Chairman of the People's Committee at the commune level.
- Responsibility to confirm the number of people living together in the household as prescribed in Point b, Clause 3, Article 9 of Decree 127/2005/ND-CP dated October 10, 2005 of the Government guiding the implementation of Resolution 23/2003/QH11 dated November 26, 2003 of the National Assembly and Resolution 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the National Assembly Standing Committee regulating the settlement of a number of specific cases of real estate in the process of implementing real estate management policies and socialist reform policies before July 1, 1991 implemented by the commune-level police agency.
- Responsibility for resolving disputes over management and operation costs of apartment buildings and management and use of maintenance costs as prescribed in Clause 4, Article 194 of the 2023 Housing Law shall be implemented by the People's Committees at the commune level.
Regulations on resolving disputes and handling violations of housing laws according to the Housing Law 2023
Pursuant to Articles 194 and 195 of the 2023 Housing Law, regulations on dispute resolution and handling of violations of housing laws are as follows:
Resolving housing disputes
- The State encourages the parties to resolve housing disputes through mediation.
- Dispute over the ownership and use of housing by organizations and individuals, disputes related to housing transactions, management and operation of apartment buildings shall be resolved by the Court and commercial arbitration in accordance with the provisions of law.
- Disputes over management and use of public property housing are resolved as follows:
+ Provincial People's Committees shall handle houses assigned to localities for management;
+ The Ministry of Construction shall handle housing assigned to central management agencies, except for housing managed by the Ministry of National Defense and the Ministry of Public Security;
+ The Ministry of National Defense and the Ministry of Public Security shall handle housing managed by the Ministry of National Defense and the Ministry of Public Security;
+ The court shall resolve the case in accordance with the provisions of the law on administrative proceedings.
- Disputes over the management and operation of apartment buildings, management and use of maintenance funds shall be resolved by the People's Committee of the district where the house is located or the Court or commercial arbitration in accordance with the provisions of law.
- The Government shall detail Clause 3, Article 194 of the 2023 Housing Law.
Handling violations of housing laws
Organizations and individuals who violate housing laws will be subject to disciplinary action, administrative sanctions or criminal prosecution, depending on the nature and severity of the violation, if they cause damage, they must be compensated according to the provisions of law.
