Obligations of home owners

Nam Dương |

Reader with email hoaithuongxxx@gmail.com asked: What are the obligations of a homeowner?

Lao Dong Newspaper Legal Consulting Office replied:

Article 11 of the 2023 Housing Law stipulates the obligations of home owners and home users as follows:

1. Homeowners who are domestic organizations, individuals, or Vietnamese people residing abroad have the following obligations:

a) Use housing for the right purpose; establish and maintain records of housing under one's ownership;

b) Implement fire prevention and fighting, ensure hygiene, environment, order and social safety according to the provisions of law;

c) Fully comply with the provisions of law when selling, leasing, renting, donating, exchanging, bequeathing, mortgaging, contributing capital, lending, allowing temporary residence, authorizing management of housing, transferring housing purchase and sale contracts; for housing transactions that are the common property of spouses, it must also comply with the provisions of the Law on Marriage and Family. In case of buying and selling housing with a time limit as prescribed in Clause 1, Article 165 of this Law, the housing must be returned when the time limit expires as prescribed in Clause 2, Article 9 of this Law.

In case the Land Law has other provisions on the obligations of the owner of a house attached to the right to use residential land who is a Vietnamese residing abroad, such provisions shall apply;

d) Comply with the provisions of law and must not cause damage to the interests of the State, public interests, and the legitimate rights and interests of other organizations and individuals when maintaining, renovating, demolishing, or rebuilding houses; in the case of buying and selling houses with a term as prescribed in Clause 1, Article 165 of this Law, it must also be implemented according to the agreement between the parties;

d) Purchase fire and explosion insurance for houses that are required to participate in fire and explosion insurance according to the provisions of the law on fire prevention and fighting and the law on insurance business;

e) Comply with the decisions of competent state agencies that have come into legal effect on handling violations, resolving disputes, complaints, denunciations about housing, compensation, support, resettlement, relocation, and demolition of houses;

g) Be responsible for having relevant parties and authorized persons inspect, monitor, and maintain equipment systems, technical infrastructure systems, and areas under common ownership and common use;

h) Fulfill financial obligations to the State when home ownership is recognized, when conducting housing transactions and during the process of using housing according to the provisions of law;

i) Other obligations as prescribed by law.

2. Homeowners who are foreign organizations or individuals have the obligations specified in Clause 1 of this Article and Article 21 of this Law; representatives of homeowners of public property have the obligations specified in Clause 1 of this Article and the responsibilities specified in Article 15 of this Law.

3. Housing users who are not home owners must fulfill their obligations in managing and using housing according to the agreement with the home owner, the provisions of this Law and other relevant legal provisions.

Thus, home owners have obligations as prescribed above.

Legal advice

Please call the legal advice hotline: 0979310518, 0961360559 to receive a quick, timely answer or email us: tuvanphapluat@laodong.com.vn for a response.

Nam Dương
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