Chapter III
OWNERSHIP AND USE MANAGEMENT OF HOUSES
Section 1. GENERAL PROVISIONS
Article 44. Lawful establishment of houses A house may be lawfully established through:
1. Building under the Housing Law, this Decree and the construction law;
2. Purchase, donation, exchange or inheritance under the Housing Law, this Decree, the law on real estate business and the civil law;
3. Other forms provided for by law.
Article 45. Recognition of house ownership
1. Organizations and individuals eligible to own houses in Vietnam under the Housing Law and possessing papers evidencing the lawful establishment of houses under Article 44 of this Decree may have ownership of such houses recognized by the State without having to satisfy the conditions on household registration books evidencing permanent residence or on business registration in localities where exist the houses, except the case specified at Point c. Clause 2, Article 38 of this Decree.
In case households and individuals own houses before the effective date of this Decree through contracts to purchase and sell houses to be formed in the future under housing development projects, their ownership of these houses shall be recognized under the Construction Ministry's guidance.
2. Competent state agencies shall recognize ownership of houses through granting land use right certificates or house and land-attached asset ownership certificates to house owners under law.
3. Competent state agencies shall, pursuant to regulations on grant of land use right certificates or house and land-attached asset ownership certificates and this Decree, grant ownership certificates for houses to their owners. These certificates will not be granted for houses which fail to fully satisfy the conditions for having their ownership recognized under the Housing Law and this Decree.
Article 46. House warranty
1. Within the house warranty duration specified in Article 74 of the Housing Law, sellers shall provide warranty for houses, unless these houses are damaged by natural disasters, enemy sabotage or users.
2. Warranty for a house (including houses with multiple use purposes) covers repair and remedying of damages in the house's main structure (beam, column, floor, ceiling, roof, wall, and tiled and. plastered parts), or equipment installed in the house, such as door systems, fuel supply systems, daily-life and lighting electricity supply lines, daily-life water supply and wastewater drainage systems: and remedies in case of slant, subsidence or settlement of the house. Sellers shall provide warranty for other equipment installed to houses within the time limit prescribed by manufacturers of such equipment.
3. In case organizations or individuals that build or sell houses refuse to perform the warranty obligation under Article 74 of the Housing Law and this Article, house owners may initiate lawsuits at people's courts. If causing damage to others, violators shall pay compensation or be examined for penal liability under law.
Article 47. House maintenance
1. Owners of houses shall maintain their houses under the Housing Law and relevant laws, unless otherwise agreed by owners and users. In case the owner of a house is unidentifiable, the current user of such house shall maintain it.
2. For a house with many owners, these owners shall maintain parts under private ownership and agree to contribute funds for maintaining areas under common ownership. If no agreement can be reached, expenses for maintaining areas under common ownership shall he divided in proportion to the area under each owner's private ownership.
The contribution of funds for the maintenance of condominiums complies with Article 51 of this Decree.
3. Contents and process of maintenance and management of house maintenance dossiers comply with the law on maintenance of construction works.
Article 48. House renovation
1. Owners of houses may renovate their houses and shall ensure safety for humans and assets, keep clean the surrounding environment and comply with the construction law.
2. In case construction licenses are required for the renovation of houses, owners may renovate their houses only after obtaining such licenses.
3. The renovation of houses under common ownership must be approved in writing by owners. Owners shall contribute funds for renovating areas under common ownership.
The renovation of old condominiums complies with Article 52 of this Decree.
Section 2. USE MANAGEMENT OF CONDOMINIUMS
Article 49. Areas under private ownership and areas under common ownership within condominiums with many owners
1. Areas under private ownership and equipment for private use within a condominium with many owners include:
a/ The area inside an apartment (including balcony and loggia attached to such apartment) of the apartment owner: other areas within a condominium sold by the investor to each apartment owner or to other organizations or individuals;
b/ The area under the investor's private ownership (the investor retains and neither sells such area nor allocates the value of such area into the price of apartments sold to apartment owners),
c/ Equipment for private use within an apartment or within other areas under private ownership of the apartment owner or other owners.
Owners of apartments or other areas within condominiums specified at Points a and b of this Clause are collectively referred to as condominium owners.
2. Parts under common ownership of a condominium with many owners, including areas and equipment for the condominiums common use. are stipulated as follows:
a/ The area under common ownership of the condominium owners includes space, corridors, staircases, lifts, terrace, frames, columns, force-bearing walls, surrounding walls, apartment-dividing walls, floor, roof, emergency exit, septic tanks, walking paths, playing grounds and other parts not under private ownership of the condominium owners;
b/ Other areas not under private ownership of the condominium owners as specified in Clause 1 of this Article;
c/ Places for vehicles (bicycles, vehicles for the disabled and motorbikes) shall be built according to construction regulations and may be arranged in the basement, ground floor or another area inside or outside the condominium. Car parks shall be built according to construction regulations but decided by the investor to be under common or private ownership of the condominium owners under Clause 1 of this Article;
d/ Equipment for the condominiums common use as specified in Clause 3. Article 70 of the Housing Law.
Areas under common ownership specified in this Clause are for common use by condominium owners under the Housing Law. this Decree and regulations on use management of condominiums.
3. Condominium parts under private ownership and parts under common ownership specified in this Article must be indicated in contracts on purchase and sale of condominium apartments.
Article 50. Operation management of condominiums
1. A condominium with many owners must have a management board elected by condominium owners and users under Article 71 of the Housing Law and regulations on use management of condominiums. The investor shall make preparations for forming a condominium management board under the Housing Law.
2. The condominium management board has the rights and responsibilities defined in Article 72 of the Housing Law and regulations on use management of condominiums. For condominiums that are social houses, the powers and responsibilities of the condominium management board comply with the Construction Ministry's guidance.
3. The operation of condominiums shall be managed by enterprises capable of managing the operation of condominiums.
4. Condominium operation management services are eligible for mechanisms like public-utility services under the Finance Ministry's guidance.
5. Condominium use service charges, including charges for car-keeping, must not exceed service charge levels prescribed by provincial-level People's Committees, unless otherwise agreed by the involved parties.
6. For a condominium with the sole owner, this owner shall him/her/itself organize the operation management of such condominium.
The Ministry of Construction shall issue regulations on use management of condominiums for uniform application nationwide.
Article 51. Funds for maintenance of parts under common ownership of condominiums with many owners
1. Funds for the maintenance of parts under common ownership of a condominium with many owners are specified as follows:
a/ In case the investor signs an apartment sale contract on or after the effective date of the Housing Law, he/she/it shall pay:
- 2% of the house sales, for the house area on sale, which shall be included in the money amount from the sale of the apartment or other areas to be paid by the purchaser and must be indicated in the house purchase and sale contract;
- 2% of the value of the house area which the investor does not sell (excluding the area for common use), which shall be calculated based on the highest sale price of the apartment of such condominium.
b/ The amounts specified at Point a of this Clause shall be deducted before tax (the State does not collect tax on these amounts) and deposited at commercial banks and managed by condominium management boards and used for the maintenance of parts under common ownership under regulations on use management of condominiums;
c/ In case the investor signed an apartment sale contract before the effective date of the Housing Law but did not yet collect 2% of the sales, the condominium owners shall contribute funds for maintaining parts under common ownership. These funds may be collected only when maintenance requirements arise and shall be determined for each specific maintenance job.
2. If the maintenance funds specified at Points a and b. Clause 1 of this Article are insufficient for the maintenance of parts under common ownership, condominium owners shall additionally contribute funds in proportion to the area under private ownership of each of them. When a condominium is to be dismantled while the maintenance funds specified in Clause 1 of this Article have not been used up, the unused funds may be used to support resettlement for rebuilding the condominium or put into the condominium maintenance fund after the condominium is rebuilt.
Article 52. Renovation and dismantlement of condominiums
1. When an old condominium is seriously damaged or degraded and in danger of collapse as concluded by a competent agency in charge of quality inspection of construction works, the provincial-level People's Committee shall relocate households currently living in such condominium to another place in order to dismantle this condominium.
Households shall move out of the condominium under a decision of the provincial-level People's Committee and are entitled to the rights and benefits like in case of ground clearance.
2. For a condominium with many owners which is to be dismantled for rebuilding at the request of these owners, such dismantlement must be approved by two-thirds of total owners of the condominium. The disapproving owners will be coerced by the provincial-level People's Committee to move and shall pay coercion expenses.
The State shall grant incentives for owners that voluntarily move to other places of residence (do not resettle in rebuilt condominiums) after condominiums are rebuilt.
3. For an old condominium which is not yet subject to dismantlement under Clause I of this Article but whose owners wish to upgrade or expand it, such upgrading or expansion must be approved by two-thirds of total owners of the condominium and comply with the construction law and construction planning.
Condominium renovation must adhere to the principles of socialization, ensuring that new condominiums are better than the old ones in housing quality and living environment. The State encourages renovation of degraded old condominiums in line with the general infrastructure project of the whole area.
4. Pursuant to the Housing Law and this Decree, the Ministry of Construction shall submit to the Government for promulgation specific policies on renovation and reconstruction of old condominiums.
Section 3. USE MANAGEMENT OF URBAN VILLUS
Article 53. Principles of use management of villas
1. The use management of villas must comply with approved plans, this Decree and relevant laws.
2. The maintenance, renovation and reconstruction of villas must comply with approved plans, regulations on maintenance of construction works, this Decree and the law on management of cultural heritages.
3. State-owned villas shall be managed under regulations on management of state owned properly. Villas which are used as public-duty houses must comply with regulations on management and use of public-duty houses under the Housing Law and this Decree.
4. The Ministry of Construction shall promulgate regulations on use management of villas for uniform application nationwide.
Article 54. Classification of villas
Villas shall be classified into the following three groups:
1. Group-1 villas include villas ranked as historical cultural relics under the law on cultural heritages, and villas of typical value in architecture and til11- IC1 ll houses which are jointly determined and listed by competent provincial-level agencies in charge of construction, architecture and culture and submitted to provincial-level People's Committees for approval. Group-1 villas must have their external architecture, internal structure, construction density, number of stories and height preserved;
2. Group-2 villas include villas other than those defined in group 1 which have architectural value as jointly determined and listed by competent provincial-level agencies in charge of construction and architecture and submitted to provincial-level People's Committees for approval. Group-2 villas must have their external architecture preserved;
3. Group-3 villas include villas other than those defined in Clauses 1 and 2 of this Article.
Article 55, .Maintenance of villas
1. The maintenance of villas that are historical-cultural relics must comply with regulations on repair, embellishment, preservation and restoration of historical-cultural relics.
2. The maintenance of group-1 villas involving changes in color or construction materials must be approved by provincial-level People's Committees of localities where exist such villas before maintenance.
Article 56. Renovation and reconstruction of villas
1. The renovation or reconstruction of villas for which construction licenses are required may be conducted only after this license is obtained.
2. The renovation and reconstruction of group-1 and group-2 villas must also comply with the following regulations:
a/ For group-1 villas:
- Their original state must not be changed;
- Old villas may not be dismantled. Those which are seriously damaged or in danger of collapse as concluded by functional units in charge of quality inspection of construction works must be dismantled and rebuilt according to their original architecture with proper materials and planning (regarding construction density, number of stories and height!;
- For villas that are historical-cultural relics, their renovation and reconstruction must comply with regulations on preservation, embellishment and restoration of historical-cultural relics;
- Structural addition with other materials for the purpose of expanding the area or outside space of villas is disallowed.
b/ For group 2 villas:
Their external architecture must be preserved;
- Those which are seriously damaged or in danger of collapse as concluded by functional units in charge of quality inspection of construction works must be dismantled and rebuilt according to their original external architecture and planning (regarding construction density, number of stories and height).
Tìm kiếm
Nghị định 71/2010/NĐ-CP hướng dẫn Luật nhà ở (Bản Word)