THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, July 27, 2006
ON HOUSE-RELATED CIVIL TRANSACTIONS ESTABLISHED PRIOR TO JULY 1, 1991, AND INVOLVING OVERSEAS VIETNAMESE
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to Resolution No. 45/2005/QH11 of June 14, 2005, of the XIth National Assembly, the 7th session, on implementation of the Civil Code;
Pursuant to Resolution No. 49/2005/QH11 of November 19, 2005, of the XIth National Assembly, the 8th session, on the 2006 law- and ordinance-making program;
Article 1.- Scope of application
1. This Resolution shall apply to settling civil transactions in houses under private ownership which were established prior to July 1, 1991, and involving overseas Vietnamese, including:
a/ House lease;
b/ House lending or temporary stay at another's house;
c/ House purchase and sale;
d/ House exchange;
e/ House donation;
f/ House inheritance;
g/ Authorization of house management between individuals.
2. Houses of the following categories shall be regarded as objects of transactions falling with the scope of application of this Resolution:
a/ Houses currently used for non-dwelling purposes which were dwelling houses at the time of establishment of civil transactions prior to July 1, 1991;
b/ Houses currently used for dwelling purposes which were not dwelling houses at the time of establishment of civil transactions prior to July 1, 1991;
c/ Houses currently used for dwelling purposes which had unidentified use purpose at the time of establishment of civil transactions prior to July 1, 1991.
Article 2.- Settlement principles
1. To protect legitimate rights and interests of house owners; legitimate rights and interests of transaction parties; interests of the State and public interests.
2. To encourage and respect agreement between parties to civil transactions; to promote the traditions of solidarity, mutual affection, mutual love and mutual assistance among the people; to avoid property and material waste caused by claims for houses.
3. To ensure social stability and enforceability.
Article 3.- Purposes and contents of house-related civil transactions in violation of law or against social morality
House-related civil transactions specified in Clause 1, Article 1 of this Resolution which have purposes and/or contents in violation of law or against social morality shall be wholly or partially invalidated and legal ramifications arising therefrom shall be handled under the provisions of the 2005 Civil Code.
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