Homeowners' rights

Lao Dong Newspaper Legal Consulting Office replied:

Article 10 of the 2023 Housing Law stipulates the rights of home owners and home users as follows:

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

a) Have the right to inviolability of the house under his/her legal ownership;

b) Using housing for residential purposes and other purposes not prohibited by law;

c) Be granted a Certificate for the house under his/her legal ownership according to the provisions of this Law and the law on land;

d) Selling, leasing, donating, exchanging, bequeathing, mortgaging, contributing capital with housing in accordance with the provisions of this Law, the law on land and other relevant legal provisions; transferring contracts for buying and selling housing, leasing, lending, allowing temporary residence, authorizing housing management and other rights in accordance with the provisions of law; in case of donating or bequeathing housing to a subject who is not eligible to own housing in Vietnam, this subject shall only enjoy the value of that housing.

In case the Land Law has other provisions on the rights of home owners associated with land use rights who are Vietnamese residing abroad, such provisions shall apply;

d) Share public utility works in that housing area according to the provisions of this Law and other relevant legal provisions.

In case of being an apartment building owner, he/she has the right to jointly own and jointly use the common property of the apartment building and the common infrastructure works of that apartment building, except for works built for business purposes or must be handed over to the State according to the provisions of law or according to the agreement in the house purchase and sale or lease-purchase contract;

e) Maintain, renovate, demolish and rebuild houses according to the provisions of this Law and the law on construction;

g) Be protected in terms of home ownership as prescribed in Article 7 of this Law;

h) Complain, denounce, and file lawsuits against acts of violating one's legitimate ownership rights and other acts violating the law on housing;

i) Other rights as prescribed by law.

2. Homeowners who are foreign organizations or individuals have the rights specified in Article 20 of this Law.

3. Housing users who are not home owners are entitled to exercise their rights in managing and using the house according to the agreement with the home owner.

Thus, home owners have the rights as prescribed above.