Resolution on civil transactions on homes in established before 1 July 1991 Vietnam people settled abroad participated in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the COMMISSION of the NATIONAL ASSEMBLY of the SOCIALIST REPUBLIC of VIETNAM, pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 has been modified additional, according to the resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
Pursuant to resolution No. 45/2005/QH11 on Jun. 14, 2005 of National Assembly XI, session 7 of the enforcement of the civil code;
Pursuant to resolution No. 50/2005/QH11 on November 19, 2005 of National Assembly XI, 8 session on the program of building laws and ordinances in 2006, PARLIAMENT: chapter I GENERAL PROVISIONS article 1. Scope 1. This resolution be applied to settle the transaction on the private-owned housing was established before 1 July 1991 Vietnam people settled abroad participated, including: a housing Rental);
b) Housing Loan, in thanks to the housing;
c house purchase);
d) housing Change;
DD) Awarded for housing;
e) inherited the House in;
g) authorized housing management between individuals with personal.
2. The following categories are deemed to be the object of the transaction in scope of this resolution: a) is used on purpose not to stay but at the moment, defines a civil transaction before 1 July 1991 as housing;
b) is used on purpose to stay but at the time of establishing the civil transaction before 1 July 1991 is not housing;
c) is used on purpose to stay but at the time of establishing the civil transactions before October 7, 1991, did not identify the purpose of use.
Article 2. Principle solve 1. Protect the rights, legitimate interests of the owner of the House; the rights, legitimate interests of the parties to the transaction; the interests of the State, the public interest.
2. Encourage, respect the agreement of the parties to the transaction; promote solidarity, tradition, solidarity, assistance, help each other in the internal people; avoid wasting wealth, material things arise due to reclaim the House.
3. Ensure social stability, the ability to execute.
Article 3. The purpose, the content of the civil transactions in violation of prohibition by law or unethical transactions civil society back home in clause 1 article 1 of this resolution has the aim, the content violating the prohibition law or immoral society shall be void in whole or in part and the legal consequences are addressed under the provisions of the civil code in 2005.
Chapter II the RENT in article 4. The rental contract in The following circumstances are considered in the lease: 1. the written contract are the same party;
2. The person in the House that proves to be the stay at home there is under the housing rental relations;
3. The owner of the House, who inherited the House in or who are home owners in proving their authorization for rent there.
Article 5. Party rentals in Vietnam who settled abroad, on permanent housing rental in Vietnam 1. The case of the rental period in the contract expired before the date this resolution takes effect, the lessor and the tenant may agree in the continuation of the lease; If the agreement is then the right of signing a lease in the prescribed by the civil code in 2005; If no agreement shall be resolved as follows: a) lessees case had other accommodation through the form of buying houses, housing construction, housing rental or inherited the House, was donated to the State, housing land to build houses or lessor has voluntarily facilitate the lessees have other accommodation, the lessor is take back the House but must be notified in writing to the parties at least six months advance rental;
b) case no rental party place in the party for rent still be retrieved back housing but must notify in writing the party known for at least twelve months.
2. Cases to date this resolution takes effect that housing rental period under the contract remain, if the party has no other agreement, the lessor is taken back home in from the date of expiry of the rental but must notify in writing to the parties at least six months advance rental.
3. where the term of lease is not identified in the contract and the parties have no other agreement, the lessor is taken back to the House but must notify in writing the party known for at least twenty-four months.
Article 6. Party rentals in resident in Vietnam, on the rent in Vietnam who settled in foreign cases of permanent housing rental party in Vietnam, on the rent in Vietnam who settled abroad but that are used by others, the lease between lessor and tenant at the termination; the party and people are using the rental housing can continue leasing the agreement; If the agreement is then the right of signing a lease in the prescribed by the civil code in 2005; If no agreement is then the lessor is taken back home in but must inform in writing the person who is using that House knew for at least twelve months.
Article 7. Housing rental and party rental in side are settled abroad the case side and lateral housing rental tenants in both settled abroad but that are caused by the other person resident in Vietnam use the contract between lessor and tenant side in the end. Contractual relationship between the owner's Party rentals in and people are using that House is made according to the provisions of article 6 of this resolution.
Chapter III the housing LOAN, in THANKS to the HOME in article 8. Housing loan contract, in thanks to The following case housing was considered a housing loan, in thanks to housing: 1. the written contract are the same party;
2. People are in houses that don't prove they stayed at home there is in relation to a sale, lease, Exchange, donation, inheritance, housing management authorization between individuals with individuals;
3. The owner of the House, who inherited the House in or who are home owners in proving their authorization to borrow, in thanks for that House.
Article 9. Lend party party for in housing was the Vietnam thanks settled abroad; the party borrowed, in thanks to permanent housing in Vietnam 1. The case of the term loan, in thanks to the housing under a contract has expired before the date this resolution takes effect, then the loan parties, parties for in thanks to the House is to take back the House, unless other agreement but must notify in writing the parties to borrow, party in thanks to the home in the first of at least six months.
2. Case on this resolution to the effect that the time limit for borrowing, in thanks to the housing according to the contract, the parties still loaned, for parties in the House is thanks to housing repossession since expiry of loan, in thanks, unless other agreement but must notify in writing the parties to borrow party in House thanks, know at least six months.

3. where the time limit for borrowing, in thanks to the housing not identified in the contract, the loan parties, parties for in thanks to the House is to take back the House, unless other agreement but must notify in writing the parties to borrow, party in thanks to the home in the first of at least six months; in the case of parties to borrow, party in thanks to home in no other accommodation or no condition created the other accommodation, the parties agreed upon the continuation of the loan, in thanks to the housing; If the agreement is then the right housing loan contracts signed under the provisions of the civil code in 2005; If no agreement was then loaned to party, party for in thanks to the House is back in the House but must notify in writing the parties to borrow, party in thanks to the home in the first of at least twenty-four months.
Article 10. Party party for the loan, in permanent housing thanks to Vietnam, on loan, who is housing thanks to the parties in Vietnam to settle in a foreign loan, by the side of the case for permanent housing thanks in Vietnam, on the borrowing side, in thanks to housing is Vietnam people settled abroad but that are caused by the other person resident in Vietnam use contract borrow, in thanks to the House in the middle of the party, the party for the loan in thanks to the housing and borrowing party, party in thanks to the home in the end; lend party party for in thanks to houses and people are using the houses can continue the agreement for housing loan, in thanks to the housing; If the agreement is then the right housing loan contracts signed under the provisions of the civil code in 2005; If no agreement was then loaned to party, party for in thanks to the House is back in the House but must inform in writing the person who is using the housing first for at least twelve months.
Article 11. Party party for the loan, in thanks to the housing and borrowing party, party in thanks to home in Vietnam were overseas residents to lend party case, parties for in house and borrowing party thanks, party in thanks to the housing are settled abroad but that are caused by the other person resident in Vietnam use the contract between parties for borrowing for the party, in thanks to the housing and borrowing party, party in thanks to the home in the end. Contractual relationship between the owner of the loan, for the party in the House and thanks to the people who are using the House that is made according to the provisions of article 10 of this resolution.
Chapter IV of HOUSE PURCHASE in article 12. Home purchase contract in The following circumstances are considered as house purchase contract: 1. the written contract are the same party;
2. People are in that House proof that they have bought the House that a legal way;
3. The owner of the House, who inherited the House in or who are home owners in the authorization admitting sold that House.
Article 13. Home buyer in Vietnam who settled abroad, sell house party resident in Vietnam 1. Case no disputes on house purchase contracts and procedures for transfer of ownership not completed then the right of transfer of ownership.
2. in case there are disputes on house purchase contracts and procedures for transfer of ownership not completed then settled as follows: a) If the buyer has paid enough money that the seller has not delivered the right housing taken obligations under the contract and to transfer of ownership;
b) If the buyer has not paid enough money that the seller has delivered the buyer must pay the seller account balance calculated according to the value of the House that under market value at the time of payment and the right of transfer of ownership;
c) If the buyer has not paid enough money that the seller has not delivered the seller must be delivered to the buyer and home buyer must pay the seller account balance calculated according to the value of the House that under market value at the time of payment and the right of transfer of ownership.
3. in case of transfer of ownership is complete but the seller has not delivered or the buyer has not paid enough money, then the parties must perform the obligations under the contract, unless otherwise agreed; If the buyer has not paid enough money to pay for the seller account balance calculated according to the value of the House that under market value at the time of payment.
4. for house purchase contract condition that conditions which have occurred or have been made shall be settled according to the provisions in clause 1, 2 and 3 of this article.
5. the party does not perform the obligation prescribed in this Article that has the bug, then the damage is compensated according to the provisions of the civil code in 2005.
Article 14. Home sales parties in Vietnam who settled abroad, the buyer of houses in Vietnam or the buyer and the seller of the House in Vietnam people settled abroad 1. Case no disputes on house purchase contracts and procedures for transfer of ownership not completed then the right of transfer of ownership.
2. in case there are disputes on house purchase contracts and procedures for transfer of ownership has not yet completed, the rights and obligations of the parties are resolved according to the provisions in clause 2 and clause 5 article 13 of this resolution.
3. in case of transfer of ownership of houses was completed but the seller has not delivered or the buyer has not paid enough money, the rights and obligations of the parties are resolved according to the provisions in clause 3 and clause 5 article 13 of this resolution.
Chapter V EXCHANGE in article 15. House exchange contract in The following circumstances are considered as contracts change of housing: 1. the written contract are the same party;
2. People are here in the House that prove they stayed at home there is by the relationship Exchange in a legal way;
3. The owner of the House, who inherited the House in or who are home owners in authoritative admit they changed that.
Article 16. A housing change party was the Vietnam settled abroad 1. Where there is dispute about the contract changes the home in which the parties have entrusted housing to another and transfer ownership not completed then the right of transfer of ownership.
2. in case of dispute about the contract changes the House and transfer ownership not completed then settled as follows: a) If two parties have entrusted housing to each other then settle as specified in paragraph 1 of this article after you have resolved the disputes;
b) If a party has delivered the House in which the other party has not delivered, the parties have not yet delivered the House to perform obligations under the contract;
c) If the party has delivered a housing part for each other, each side must communicate the rest for the other party;
d) If the parties have entrusted housing to each other that there is disparity in the value and payment obligations of parties have not yet paid enough money to pay the missing amount to the other party according to the market price at the time of payment;
DD) If the parties have not yet delivered housing for another contract cancelled, unless agreed otherwise.
3. in case of transfer of ownership of houses was completed that the parties haven't delivered housing for each other or a party not yet assigned housing for the other party, the party must carry obligations under the contract.
4. where the parties just change the housing for another to use that do not transfer ownership of the House that, if a dispute occurs, the following resolution: a) If a party has delivered the House in which the other party has not delivered, the parties have not yet delivered to perform obligations under the contract;
b) If the contract has a deadline, when the term ended, the party must return to its original state within the time limit of one month from the date of expiration of the contract, unless otherwise agreed; If the contract does not specify the term of one of the parties has the right to request back to its original state but must be notified in writing to the other party at least six months before.
5. the party does not perform the obligation prescribed in this Article that has the bug, then the damage is compensated according to the provisions of the civil code in 2005.

Article 17. The parties exchange in Vietnam people settled abroad 1. The case does not have the modified contract disputes and the procedure of transfer of ownership not completed then the parties are establishing ownership.
2. in case of dispute about the contract changes the House and transfer ownership not completed then the rights and obligations of the parties are resolved according to the provisions in clause 2 and clause 5 article 16 of this resolution.
3. in case of transfer of ownership is completed that the party has not yet delivered the House to another or one party has not delivered for the other party, the rights and obligations of the parties are resolved according to the provisions in clause 3 and clause 5 article 16 of this resolution.
Chapter VI DONATED to HOME in Article 18. Contract awarded for housing The following cases are considered for housing contracts: 1. the written contract are the same party;
2. People are here in the House that prove they stayed at home there is in relation to the House in a legal way;
3. The owner of the House, who inherited the House in or who are home owners in the authorization admitting they've donated to that House.
Article 19. Donate to the party House in Vietnam who settled abroad, party was donated to permanent housing in Vietnam 1. Where there is dispute about the contract awarded for accommodation and transfer ownership not completed then the sides are donated to the House is the procedure established ownership.
2. in case of dispute about the contract awarded for accommodation and transfer ownership not completed then settled as follows: a) to be donated to Party got home in the established housing ownership to be donated to the party;
b) Parties are yet to receive the housing contracts awarded for destroyed housing, unless agreed otherwise.
3. in case of transfer of ownership of homes in completed housing that has not been assigned to the party awarded for party gifts to be donated to the side housing within six months from the date of the party is to have the request in writing, unless agreed otherwise.
Article 20. Party gifts for permanent housing in Vietnam, to be donated to the House Party in Vietnam who settled abroad 1. Where there is dispute about the contract awarded for accommodation and transfer ownership didn't complete that side was donated to the housing side received was donated to establish housing ownership.
2. in case of dispute about the contract awarded for accommodation and transfer ownership not completed then the contract awarded for destroyed housing, unless agreed otherwise.
3. in case of transfer of ownership of homes in completed housing that has not been assigned to the party awarded for party gifts to be donated to the side housing within six months from the date of the party is to have the request in writing, unless agreed otherwise.
Article 21. Donate to the party and the party was donated to the home in Vietnam people settled abroad 1. The case was given to the party in the House got home in which the procedure for incomplete transfer of ownership shall be donated to the party House in defined ownership.
2. where the parties have not received housing was donated to the housing contracts awarded for destroyed housing, unless agreed otherwise.
Chapter VII INHERITED The HOUSE In; Housing MANAGEMENT AUTHORIZATION BETWEEN INDIVIDUALS with INDIVIDUAL Article 22. Inherited housing 1. Inheritance case in open before October 7, 1991, the following resolution: a) If the heir has the nationality or Vietnam has foreign citizenship but have not yet come on citizenship or nationality was Vietnam Vietnam but not foreign citizenship shall be established in the home ownership for part of his inheritance;
b) If heirs have foreign citizenship and nationality have Vietnam or the Vietnam descent but never Vietnam nationality shall be entitled to the inheritance part of that value.
2. in case of inheritance in the open before October 7, 1991 without heirs, then, defines ownership for people who manage, use House that constantly from thirty years from the date of starting to manage, use to date this resolution takes effect; without these people, the House that belongs to the State and people are managed, using the preferred housing rent, buy that House.
Article 23. Housing management authorization between individuals with individual 1. The case before the exit, owners of houses have authorization for the other person resident in Vietnam the management, if the time limit expired authorization before the resolution takes effect, the parties authorized to be taken back to the House but must inform in writing the person who is managing, using the House that know at least six months.
2. The case before the exit, owners of houses have authorization for the other person resident in Vietnam, if the management on this resolution to the effect that the time limit for the authorization remains the owner is taken back to the House, from the date of expiry of the authorization but must be notified in writing to the person who is managing , using the House that know at least six months.
3. The case before the exit, owners of houses have authorization for the other person resident in Vietnam the management, if the authorization period is not defined then the authoritative party is taken back to the House but must inform in writing the person who is managing, using that House knew for at least twelve months.
4. Case management, home use in specified in the paragraph 1, 2 and 3 of this article are not recognized as the owner of the House in which it shall have the right to require the owner of the House that must be compensated for reasonable expenses by keeping and preserving housing. Chapter VIII REPAIR , RENOVATING, upgrading housing, WORK AREA, BUILD NEW houses in article 24. Repair, renovate, upgrade housing 1. Case housing for rent, lend, for in between individual with personal thanks has been loaned to the party, party rental, party in thanks to repair, renovate, upgrade, the repossession of houses is resolved as follows: a) If the housing has been repaired then the lessor, on loan, for parties in the payment is attributable to lessees , on loan, in thanks to the investment value of the remaining repair according to the market price at the time of payment, unless agreed otherwise;
b) If accommodation was renovated, upgraded before the House is renovated, upgraded has no opposition parties for rent, on loan, for parties in thanks to then get back home in the lessor, on loan, to the party in thanks to be paid for lessees, on borrowed at the party, thanks to the investment value of renovating, upgrading the rest according to the market price at the time of payment, unless agreed otherwise; the case has had opposition parties for rent, on loan, to the party in thanks before renovate, upgrade, lessor, on loan, to the party in thanks to be paid for lessees, on loan, in part thanks to the investment value of renovating, upgrading the rest according to the market price at the time of payment , unless agreed otherwise.
2. in case of authorized housing management between individuals with individual managers, use repair, renovate, upgrade, the party is getting home to pay for the repair, restoration, upgrade worth the investment to repair, renovate, upgrade the rest according to the market price at the time of payment , unless agreed otherwise.
Article 25. Do more in the area, building a new house in the case of rental, party party party, borrowed in thanks to did more area or building new housing in the campus houses rent, borrow, in thanks to resolves as follows:

1. If the lessor, on loan, to the party in thanks to agree or to before 1 July 1996 no complaints to the competent State agencies about doing more area, new housing construction and an area of work or new housing can use to stay separately with House for rent , loan, in thanks to the area to do more or new houses which are owned, loaned party rental party, party in thanks and they must pay for the lessor, on loan, to the party in thanks to the value of land use rights for land to do more new housing or housing according to transfer land use rights on the market at the time of payment , unless agreed otherwise; the event area to do more or new housing cannot be used separately with housing for rent, lend, in thanks to the work area, new housing that remains in the ownership of the lessor, on loan, to the party in thanks and they must pay for the rental party , on loan, in thanks to the investment value of the rest of the construction area doing more new housing, according to the market price at the time of payment, unless agreed otherwise;
2. If the lessor, on loan, to the party in thanks to did not agree about doing more in the area, building a new house in the area to do more, the new houses that are owned by the lessor, on loan, to the party in thanks and they have to pay for the party, the party borrowed at the party, thanks to a part of the investment value of the rest of the construction area doing more new housing, according to the market price at the time of payment, unless agreed otherwise;
3. If the housing for rent, lend, in thanks to dismantled and party, party rental, party borrowed in new housing was built thanks to replace resolves as follows: a) If the demolition had the consent of the lessor, on loan, for parties in homes or thanks to before 1 July 1996 which the lessor , loan, in thanks for not grievances to the competent State agencies, the new houses that are owned by the lessor, on loan, to the party in thanks and they must pay for the rental of party, party, party borrowed in value thanks to the construction of new houses left by the market price at the time of payment , unless agreed otherwise; side cases for rent, lend, in thanks to no request to take back the House in the then new housing owned by the party, the party borrowed, in thanks and they must pay for the lessor, on loan, to the party in thanks to the value of land use under the land use right transfer rates on the market at the time of payment , unless agreed otherwise;
b) If the demolition did not have the consent of the lessor, on loan, to the party in the new building housing the thanks in the ownership of the lessor, on loan, to the party in thanks and they have to pay for the rent, borrow, party party in thanks to a portion of the value of investing in the construction of new housing that remains under the market price at the time of the bar math, unless agreed otherwise; the case the parties have agreed upon the new houses which are owned, loaned party hire party, party in thanks, they must pay for the lessor, on loan, to the party in thanks to the value of land use under the land use right transfer rates on the market at the time of payment , unless agreed otherwise;
4. in case of authorized housing management between individuals with individual who is authorized to administer, use did more area or building new houses in the settlement are as follows: a) If area do more or new housing can use separately the area do more or new houses owned by people doing more area or building new housing and they have to pay for the authoritative party administration in the value of land use rights for land to do more or new housing according to the market price at the time of payment, unless agreed otherwise; the event area to do more or new housing may not use to in a separate way, then an area of work, new housing in the authoritative party ownership housing management but must pay for the additional work area or build new housing construction investment value rest of the area do more or new housing according to the market price at the time the point of payment, unless agreed otherwise;
b) If the person is authorized to manage, use and dismantling already constructed new houses replaced the new houses that are owned by the authoritative party but be paid for authorized parties to value the rest of new housing under market value at the time of payment , unless agreed otherwise;
c) If for reasons of force majeure that housing was no longer Manager and authorization management, use of new housing construction has been replaced then the recognition of new home ownership for that person but they have to pay for authorized parties the value of land use under market value at the time of payment , unless agreed otherwise.
Chapter IX CIVIL housing TRANSACTIONS BETWEEN INDIVIDUALS are VIETNAMESE RESIDING abroad with DOMESTIC ORGANIZATIONS, Article 26. Party rentals in Vietnam who settled abroad, on housing rental agencies, held in water 1. Housing case are being held, the agency used as Office, factory, business, public works, the following resolution: a) the case of the rental period in the contract expired before the date this resolution takes effect or lease term is not defined in the contract, the parties agreed to resolve If no agreement is then the lessor is taken back home in but must notify in writing the party known for at least twelve months;
b) cases to date this resolution takes effect that housing rental period under the contract remain, if the party has no other agreement, the lessor is taken back home in from the date of expiry of the rental but must notify in writing to the parties at least six months advance rental.
2. where the houses are used to in the resolution are as follows: a housing case) are being used for the individuals in that housing rental period under the contract expired before the date this resolution takes effect or indeterminate and rental period the rental party is , the Organization has not yet ended the party activity is rental housing repossession but must notify in writing the party known for at least twelve months, unless other agreement; individual cases to return home there with no accommodation and no condition created the other accommodation agency, the organization responsible for reviewing, solve their accommodation under the housing policy of the State.
The case is the Agency hire party, the Organization has terminated the activities individuals are in the House that agreement with the lessor to resolve, if not agreement, the lessor is taken back to the House but must notify in writing to the individual are at home there before for at least twelve months; individual cases to return home there with no accommodation and no condition created the other accommodation agency, held rights to inheritance, the obligation of the Agency, the Organization has to terminate the operation are responsible for reviewing, solve their accommodation under the housing policy of the State If no agency, this organization, the provincial people's Committee, the central city where a House that has a responsibility to consider, resolve;

b) where houses are used for individuals in and until this resolution is in effect that the time limit in the contract rent and the rent party still is the body, the Organization has not terminated active, lessor is taken back home in from the date of expiry of the contract but must be notified in writing to the parties at least six months advance rental , unless other agreement; individual cases to return home there with no accommodation and no condition created the other accommodation agency, the organization responsible for reviewing, solve their accommodation under the housing policy of the State.
The case is the Agency hire party, the Organization has terminated the activities individuals are in the House that agreement with the lessor to resolve, if not agreement, the lessor is taken back home in from the date of expiry of the contract but must be notified in writing to the individual are at home there before for at least twelve months; individual cases to return home there with no accommodation and no condition created the other accommodation agency, held rights to inheritance, the obligation of the Agency, the Organization has to terminate the operation are responsible for reviewing, solve their accommodation under the housing policy of the State If no agency, this organization, the provincial people's Committee, the central city where a House that has a responsibility to consider, resolve.
Article 27. Agency, domestic housing loan organization of individuals was the Vietnam settled abroad 1. The case Agency, housing loan organization are used for individuals in the back housing is made according to the provisions of article 9 of this resolution.
2. where the Agency, housing loan organization is being used as Office, factory, business, public works, housing repossession be made according to the provisions of Article 26 paragraph 1 of the resolution.
Article 28. House purchase, change houses, donated for housing, housing inheritance between individuals is the Vietnam settled abroad with the Agency, held in water 1. Home sales parties case in Vietnam who settled abroad, the buyer's Agency, domestic organization resolves in accordance with article 14 of this resolution.
2. where the parties exchange in Vietnam who settled abroad shall resolve according to the provisions of article 16 of this resolution.
3. where the parties donated to home in Vietnam who settled abroad shall resolve according to the provisions of article 19 of this resolution.
4. where the owner of the House in Vietnam who settled in the foreign dead to leave the inheritance to the Agency, held in water according to the Testament, the organs, organizations that are entitled to inherit the House. Article 29. Repair, renovate, upgrade, do more area, build new housing 1. Housing cases are used to in the tackle is made according to the provisions of article 24 and article 25 of this resolution.
2. in case the House is used as the working headquarters, manufacturing facilities, business, public works, then the resolution by the parties to the agreement, if no agreement was then addressed by the provisions of article 24 of this resolution; an area of new housing, more recognized property rights for the lessor, on the loan but they have to pay for the party, the party borrowed the value construction of the remaining part of the area made more new housing, which according to the market price at the time of payment.
Article 30. The method returned home at 1. The case Agency, the Organization must return the housing to lessor, on loan, then customize each case, the parties may agree the return of housing according to the following method: a) Charged that housing agencies, organizations are managed, use;
b) Charged by other housing;
c) Charged by money;
d) State land in for parties, party rental housing loan that they don't have to pay to use the land.
2. in case of rental housing, borrow being used for individual in or while being used as Office, factory, business, public works, but not in the case prescribed in paragraph 3 of this article, the bodies, the Organization must return home there for lessor , on the loan under the provisions of this resolution.
3. in case of rental housing, borrow being used on defense purposes, security, national interests, public interests or housing rent, borrow in the area were not do planning of housing, housing returns follow the method defined in point b c and d, paragraph 1 of this article.
Customize each case and specific local conditions, the return of housing can be made using one of three methods specified at points b, c and d of paragraph 1 of this article or a combination of the methods but the total value of housing, land in computer with money to pay for the rental party , on the loan are not greater than the value of housing, land in computer with money for rent, loan. The case of the difference between the value of housing, land lease, lend to housing, land in return, the party must pay for another part of that disparity by money.
Article 31. Pay housing rent, borrow one for lessor, on housing loan agency case, the organization charged the housing is rented, loaned to the lessor, on loan, rental housing that loan has been repaired, renovation, upgrading, do more area, new housing construction resolves as follows : 1. When you return home, if the lessor, by borrowing funds to pay for repairs, renovation, upgrading, do more area, build new housing: a) If funds of individuals, the lessor, on housing loan to pay for that individual;
b) If the funds of the Agency, organization, the lessor, on loan to pay for the housing agency, that organization;
2. When returning home in, if the housing rent, borrow being used for individual and that individual is, defines ownership for the work area, the new building houses, they must pay for the lessor, on loan value of land use in corresponding to an area of land in which they have the right to use under the provisions of point b account 2 Article 33 of this resolution.
Article 32. The Agency, the organization charged by other housing for rent parties, parties for housing loan agency case, the organization charged by other housing to lessor, on loan, the value of housing, land in return does not exceed the value of housing, land is rented, are borrowed.
In case of disparity between the value of housing, land lease, lend to housing, land in return, then the right of payment for each portion of the difference in the money according to the provisions of article 33 of this resolution.
Article 33. The Agency, the organization charged with money for the lessor, on loan to housing 1. In the case of organs, the organization charged with money for the party, party rental, housing loan, the amount that the Agency, the organisation is charged do not exceed the value of housing, land is rented, are borrowed.
2. The determination of the value of housing, the right to use land in because the parties to the agreement, if the agreement was not made as follows: a) the value of houses due to valuation organization competent to determine based on the remaining value of the House;
b) value in land use is determined on the basis of the table of the types of soil by the provincial people's Committee, the city of centrally issued under the framework of the Government.
Article 34. The State of affairs in the land for the lessor, on housing loan that they don't have to pay land use 1. The case of the State of affairs in the land for the lessor, on housing loan to create new housing funds have to file to receive land in the Organization, agency, housing loan to pay rent directly to the competent State agencies under the provisions of the law of the land.

2. where the State of affairs in which there is disparity between the value of housing, land lease, loan with land in return, the party must pay for another part of that disparity by money as specified in point b item 2 Article 33 of this resolution.
Article 35. Funding to implement the return of housing 1. The central budget to pay for the case to return home in due to State agencies, political organizations, social-political organizations of central management, use or housing are used on defense purposes, security, national interests, public interests by the Agency , the Organization of the Central Administration, use.
The central budget support payments for the case to return home in due to socio-political organizations, social organizations, social-professional organization of the Central Administration, use under the provisions of the law on the State budget.
2. local budget paid for the case to return home in due to State agencies, political organizations, social-political organizations of local management, use or housing are used on defense purposes, security, national interests, public interests by the Agency the local organization, management and use.
Local budget support payments for the case to return home in due to socio-political organizations, social organizations, civil society organizations-local career Manager, used according to provisions of the law on the State budget.
3. the Financial Resources to pay for the return home of the organization not specified in clause 1 and clause 2 of this due to that organization.
Chapter X of the PROCEDURES ESTABLISHED in Article 36 HOME OWNERSHIP. The profile defines home ownership in respect of the foreign settlement in Vietnam The Vietnam overseas settlements established the housing ownership when the following documents: 1. the certification application for ownership of housing;
2. a copy of the valid papers on land use in specified in paragraphs 1, 2 and 5 to article 50 of the law of the land in 2003;
3. housing scheme, in the land;
4. Excerpts or copies of judgments, the Court's decision has the legal effect of the resolution of the dispute over the House, if any;
5. A copy of proof of Vietnam who settled abroad;
6. Vietnam's valid passport or a valid foreign passport or alternative papers valid foreign passport. In case of using a foreign passport, they must enclose a certificate of nationality or Vietnam lost Vietnam citizenship certificate or certificate of registration of citizens;
7. One of the following documents: a) housing rental contract for housing rental;
b) loan deal, for in House thanks for the case for the loaned, in thanks to the housing;
c) house purchase contracts for house purchase in the case;
d) contract awarded for housing for the event donated to the House;
DD) text agreed upon divided the inheritance or probate as prescribed by law;
e) authorization contract for housing management case management authorization of housing between individuals with individuals;
g) text to return home in case the Agency held to return home in case there is no written contract, the parties are to take back the House in must prove to be between the two sides have made in civil transactions specified in this paragraph.
Article 37. The profile defines the housing ownership for individuals, agencies and organizations in the country, personal agency, domestic institutions are established in the home ownership when the following documents: 1. the certification application for ownership of housing;
2. a copy of the valid papers on land use in specified in paragraphs 1, 2 and 5 to article 50 of the law of the land in 2003;
3. housing scheme, in the land;
4. Excerpts or copies of judgments, the Court's decision has the legal effect of the resolution of the dispute over the House, if any;
5. a copy of the documents specified in clause 7 of this resolution 36 Thing;
6. the authoritative text for the Agency's representative, Organization for establishing ownership of the House to the Agency, held in the country.
Article 38. The procedure defines the procedure of housing ownership, defines ownership of houses for the case to be taken back to the House for rent, lend, sell, buy, thanks to changes in inheritance, to authorize the housing administration between the individual with the individual is made under the provisions of the law on housing. Chapter XI ENFORCEMENT PROVISIONS Article 39. Apply the provisions of this resolution to settle the disputes arising from civil transactions on homes in established before 1 July 1991 Vietnam people settled abroad to join 1. The application of the provisions of this resolution in the process to resolve the disputes arising from civil transactions on homes in established before 1 July 1991 Vietnam people settled abroad join is performed as follows: a) for the case was the Court accepting but not yet on trial at first instance or has temporarily suspended the the decision before the date this resolution takes effect; the case that the verdict, the decision of the Court of first instance is not yet in force law been valid protest appeal but not yet appellate before the resolution takes effect; the case that the verdict, the decision of the Court has in effect been the protest but not yet on trial of Cassation, retrial before the date this resolution takes effect shall apply the provisions of this resolution to resolve under the provisions of the civil procedure law;
b) for the court case was resolved in accordance with the law and the judgment, the Court's decision has no legal effect on the provisions of this resolution to protest under procedure of Cassation;
c) for the case of demanding rent, lend, in thanks, about housing management between authorized individuals with individuals that the courts have your doctor request back home due to not yet eligible to take back the House, now privy to have petition the Court accepting the settlement as a civil case.
2. The period from July 1996 to July 7th, this resolution does not take effect on time limits in the procedure for resolving civil cases for civil housing transactions was established before 1 July 1991 Vietnam people settled abroad participate.
Article 40. Solve cases sold houses in the inheritance was the Vietnam settled abroad for those cases to date this resolution takes effect, houses were sold and have the same inheritance as Vietnam people settled abroad enjoy the valuable part of this House in which the money is being deposited at the State Treasury or the Bank of Vietnam, the rights of the successor abroad to be addressed as follows: 1. Receive money in the Treasury, the Bank under the provisions of the law. In this case, the heir of the following papers prove to be entitled to the inheritance: a) the text agreed upon divided inheritance or excerpts judgments or decisions of the courts have legal effect;
b) Vietnam's valid passport or a valid foreign passport or alternative papers valid foreign passport. In case of using a foreign passport, they must enclose a certificate of nationality or Vietnam lost Vietnam citizenship certificate or certificate of registration of citizens.

2. Authorize others to receive instead. In this case, the authorization must have written authorization certified by the diplomatic missions, Consulate of Vietnam in the authorized settlements.
3. Donate for individual, organization. In this case, the gifts must be donated to the contract certified by the diplomatic missions, Consulate of Vietnam in the country he/she resides.
Article 41. The terms of the implementation of this resolution in effect since August 9, 2006.
The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of the task, their powers are responsible for guiding the implementation of this resolution.