Regulations on the time to establish home ownership

Nam Dương |

A reader with email bichanhxxx@gmail.com asked: How is the time of establishing home ownership regulated?

The Lao Dong Newspaper Legal Consulting Office replied:

Article 12 of the 2023 Housing Law stipulates the time to establish home ownership as follows:

1. In case of direct investment in housing construction, the time of establishing house ownership is the time when the house construction has been completed according to the provisions of the law on construction.

2. In case of buying and selling or renting a house not falling under the cases specified in Clause 4 of this Article, the time of establishing the house ownership right is the time when the buyer or lessee has fully paid the purchase price, the purchase rental price and has received the house handover, unless the parties have agreed otherwise.

3. In case of capital contribution, donation, or exchange of housing, the time of establishing the house ownership right is the time when the contributor, the contributor, or the receiver has received the house handover from the contributor, the donor, or the exchanger, unless the parties have another agreement.

4. In case of buying and selling, renting houses between investors of housing construction investment projects and buyers and tenants, the time of establishing home ownership is implemented according to the provisions of the law on real estate business.

5. In case of inheritance of a house, the time of establishing the house ownership is implemented in accordance with the provisions of the law on civil matters.

6. Other cases shall be implemented in accordance with the provisions of relevant laws.

7. Housing transactions specified in Clauses 2, 3 and 4 of this Article must comply with the conditions for housing transactions and the contract must be effective according to the provisions of this Law.

Thus, the time of establishing home ownership is regulated as above.

Legal advice

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Nam Dương
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