Settlement of Housing Disputes

Article 194 of the Housing Law 2023 – Settlement of Housing Disputes

1. The State encourages parties to resolve housing disputes through conciliation.

2. Disputes concerning ownership rights, usage rights of housing by organizations or individuals, disputes related to housing transactions, and disputes concerning the management and operation of apartment buildings shall be settled by the Court or commercial arbitration in accordance with the law.

3. Disputes concerning the management and use of housing classified as public property shall be settled as follows:
   a) The Provincial People’s Committee shall resolve disputes relating to housing assigned to local authorities for management;
   b) The Ministry of Construction shall resolve disputes relating to housing assigned to central authorities for management, except for housing managed by the Ministry of National Defense and the Ministry of Public Security;
   c) The Ministry of National Defense and the Ministry of Public Security shall resolve disputes concerning housing under their management;
   d) The Court shall settle disputes in accordance with the Law on Administrative Procedures.

4. Disputes concerning condominium management and operation fees, as well as the management and use of the maintenance fund, shall be settled by the District-level People’s Committee where the housing is located or by the Court or commercial arbitration in accordance with the law.

Responsibility for settling disputes relating to condominium management and operation fees, as well as the management and use of the maintenance fund under this Clause, shall be performed by the Commune-level People’s Committee pursuant to Clause 3, Article 15 of Decree No. 140/2025/ND-CP, effective from July 1, 2025 (expired: March 1, 2027).

[Article 15. Tasks and authority related to handling complaints and housing disputes
…
3. The responsibility for settling disputes concerning condominium management and operation fees, as well as the management and use of the maintenance fund as prescribed in Clause 4, Article 194 of the Housing Law 2023, shall be performed by the Commune-level People’s Committee.]

5. The Government shall provide detailed regulations for Clause 3 of this Article.

The order and procedures for resolving disputes relating to the management and use of public housing assets are guided under Article 81 of Decree No. 95/2024/ND-CP, effective from August 1, 2024.

[Article 81. Order and procedures for resolving disputes relating to the management and use of public housing assets

1. The order and procedures for resolving disputes within the authority of the Provincial People’s Committee are as follows:
   a) The tenant shall submit an application together with a certified copy or a copy accompanied by the original of documents proving housing use directly or via postal service to the Provincial People’s Committee where the housing is located, requesting resolution. The Provincial People’s Committee shall assign the provincial housing management agency to receive and process the application;
   b) Within a maximum of 30 days from the date of receipt of the application, the housing management agency shall review the contents of the application and prepare a dispute settlement dossier, including: the application for dispute resolution; minutes of meetings with the disputing parties; records of housing management and use inspection (if any); records of the housing management and use process;
   c) Within a maximum of 30 days from the date the dispute settlement dossier is prepared, the housing management agency shall verify the facts (if necessary), compile a report, and draft a dispute settlement decision to be submitted to the Provincial People’s Committee for review and decision;
   d) Within a maximum of 30 days from the date of receipt of the report from the housing management agency, the Provincial People’s Committee shall review and issue a dispute settlement decision within its competence; this decision shall be sent to the applicant and all relevant individuals and organizations.

2. The order and procedures for resolving disputes within the authority of the Ministry of Construction or the Ministry of National Defense or the Ministry of Public Security are as follows:
   a) The tenant shall submit an application together with a certified copy or a copy accompanied by the original of documents proving housing use directly or via postal service to the Ministry of Construction (for housing managed by central authorities other than the Ministry of National Defense or Ministry of Public Security) or to the Ministry of National Defense or Ministry of Public Security (for housing under their management) for review and resolution;
   b) The agency specified in Point a of this Clause shall assign its housing management agency to receive the application;
   c) Within a maximum of 30 days from the date of receipt of the application, the housing management agency shall review the contents of the application and prepare a dispute settlement dossier as prescribed in Point b, Clause 1 of this Article;
   d) Within a maximum of 30 days from the date the dispute settlement dossier is prepared, the housing management agency shall verify the facts (if necessary), compile and draft a dispute settlement decision, and report to the Ministry of Construction or the Ministry of National Defense or the Ministry of Public Security for review and decision;
   dd) Within a maximum of 30 days from the date of receipt of the report from the housing management agency, the Ministry of Construction or the Ministry of National Defense or the Ministry of Public Security shall review and issue a dispute settlement decision within its competence; this decision shall be sent to the applicant and all relevant individuals and organizations.]