Resolution No. 58/1998/NQ-UBTVQH10 on Civil Transactions Regarding Housing Established Before July 1, 1991

RESOLUTION

Regarding civil transactions concerning housing established before July 1, 1991

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

To implement the Resolution of the National Assembly, tenth session, eighth meeting on October 28, 1995 regarding the implementation of the Civil Code;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the National Assembly, tenth session, eleventh meeting on May 10, 1997,

SECTION I.
GENERAL PROVISIONS

Clause 4 of Article 6The principles for resolving civil transactions concerning private ownership housing established before July 1, 1991 (the date when the Housing Ordinance of 1991 came into effect) shall be governed by this Resolution; the resolution must be implemented gradually in accordance with the economic and social conditions of the country and must ensure the following principles:

1. Encouraging and respecting the agreement of the parties involved in civil transactions, promoting the tradition of solidarity, mutual assistance, and support among the people; avoiding waste of property and material caused by reclaiming houses;

2. Protecting the legitimate rights and interests of the parties, the interests of the State, and public interest; during the resolution process, due attention must be given to parties participating in civil transactions who are veterans, those entitled to social policies, and poor individuals currently renting or borrowing housing;

3. Maintaining social stability, ensuring enforceability, and gaining popular approval.

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentScope of Application.

This Resolution applies to civil transactions concerning privately owned housing established before July 1, 1991 between individuals and individuals, between individuals and organizations, including:

a) Renting housing;

b) Lending or allowing others to reside in housing;

c) Selling housing;

d) Exchanging housing;

đ) Giving housing as a gift;

e) Inheriting housing;

g) Managing ownerless housing between individuals.

2. This Resolution does not apply to civil transactions concerning privately owned housing established before July 1, 1991 involving Vietnamese citizens residing abroad, foreign individuals, or foreign organizations.

PART II.
CIVIL TRANSACTIONS CONCERNING HOUSING BETWEEN INDIVIDUALS

Article 3. Renting housing between individuals

1. In cases where the rental period according to the contract has expired before this Resolution takes effect, the lessor and lessee may agree to continue the rental; if they reach an agreement, both parties must sign a housing rental contract in accordance with the Civil Code.

2. In cases where the rental period according to the contract has expired before this Resolution takes effect but the parties cannot agree on continuing the rental, the lessor may reclaim the housing according to the following provisions:

a) If the lessee already has another place to live, the lessor may reclaim the housing, but must notify the lessee in writing at least three months in advance;

b) If the lessee can create another place to live or the lessor voluntarily creates conditions for the lessee to have another place to live, the lessor may reclaim the housing, but must notify the lessee in writing at least six months in advance;

c) If the lessor does not have a place to live and cannot create another place to live, depending on the circumstances, the lessor may reclaim part or all of the housing, but must notify the lessee in writing at least three months in advance;

d) If the lessor has housing but faces living difficulties or has a living area below the average of 6 square meters per person and the lessee does not have another place to live or cannot create another place to live, depending on the circumstances, the lessor may reclaim part of the rented housing, but must notify the lessee in writing at least six months in advance;

đ) If the lessor has not reclaimed the housing according to the provisions of points a, b, c, and d of Clause 2 of this Article, the lessor may reclaim the housing from July 1, 2005, but must notify the lessee in writing at least three months in advance.

3. In cases where the rental period according to the contract still remains valid on the effective date of this Resolution but ends before July 1, 2005, and there is no other agreement, the lessor may reclaim the housing from July 1, 2005, but must notify the lessee in writing at least three months in advance; if the lessee continues to reside in the rented house after the expiration of the contract until before July 1, 2005 and falls under the circumstances specified in points a, b, c, and d of Clause 2 of this Article, then it shall be handled according to the provisions of those points.

4. In cases where the rental period according to the contract remains valid after July 1, 2005, and there is no other agreement, the lessor may reclaim the housing from the end of the rental period.

5. In cases where the rental period is not determined in the contract and there is no other agreement, the lessor may reclaim the housing from July 1, 2005, but must notify the lessee in writing at least three months in advance; if the circumstances specified in points a, b, c, and d of Clause 2 of this Article arise before July 1, 2005, then it shall be handled according to the provisions of those points.

6. In cases where the lessor reclaims the housing to rent or sell the rented housing, the lessee has priority to sign a new rental contract or has the right of first refusal to purchase the rented housing according to the provisions of the Civil Code.

7. During the time the lessee continues to reside in the rented housing, both parties must fully perform their respective rights and obligations in accordance with the provisions of the Civil Code. The rental price in this case is agreed upon by the parties; if no agreement is reached, it shall be based on the price list issued by the People's Committee of the province or centrally administered city within the framework set by the Government corresponding to each period.

8. A rental contract that wholly or partially violates prohibitions or contravenes social morals as stipulated in the Civil Code shall be wholly or partially void, and the legal consequences shall be resolved according to the provisions of Article 146 of the Civil Code.

Article 4. Lending or allowing others to reside in housing between individuals

1. In case the term for lending or allowing residence of housing under the contract has expired before this Resolution takes effect, the lender or the person allowing residence may reclaim the housing if there is no other agreement between the parties, but must notify the borrower or the person residing in writing at least three months in advance.

2. In case the term for lending or allowing residence of housing under the contract is still valid on the date this Resolution takes effect, the lender or the person allowing residence may reclaim the housing upon expiration of the contract term, unless otherwise agreed by the parties, but must notify the borrower or the person residing in writing at least three months in advance.

3. In case the term for lending or allowing residence of housing is not specified in the contract, the lender or the person allowing residence may reclaim the housing if there is no other agreement between the parties, but must notify the borrower or the person residing in writing at least six months in advance. In case the borrower or the person residing does not have another place to live or cannot establish another place to live, they may continue to use part or all of the borrowed or resided housing until July 1, 2005, and the parties must sign a housing rental contract in accordance with the Civil Code; the rental price shall be implemented according to Clause 7, Article 3 of this Resolution; if the borrower or the person residing refuses to sign the contract, they must return the housing; if the lender or the person allowing residence refuses to sign the contract, the borrower or the person residing may continue to reside in the borrowed or resided housing until July 1, 2005.

Article 5. Sale and Purchase of Housing Between Individuals

1. In case there is no dispute over the sale and purchase contract of housing and the procedures for transferring ownership rights have not been completed, the buyer must complete the procedures for transferring ownership rights.

2. In case there is a dispute over the sale and purchase contract of housing and the procedures for transferring ownership rights have not been completed, it shall be resolved as follows:

a) If the form of the contract complies with the provisions of the law at the time of conclusion of the contract, the contract shall be recognized, the parties must perform their obligations under the contract and complete the procedures for transferring ownership rights;

b) If the form of the contract does not comply with the provisions of the law at the time of conclusion of the contract, it shall be resolved as follows:

If the parties have not performed their obligations under the contract, the contract shall be canceled;

If the buyer has paid the full or partial purchase price of the house and the seller has not delivered the house, or the seller has delivered the entire or partial house and the buyer has not paid the full purchase price, then the parties must perform their obligations under the contract and complete the procedures for transferring ownership rights. If the buyer has not paid the full amount, they must pay the seller the outstanding amount based on the market value of the housing at the time of payment. The party that fails to perform its obligations under the contract due to fault and causes damage must compensate for the damage in accordance with the Civil Code.

3. In case the procedures for transferring ownership rights to implement the sale and purchase contract of housing have been completed, but the seller has not delivered the house or the buyer has not paid the full amount, the parties must perform their obligations under the contract, except where the parties have agreed otherwise; if the buyer has not paid the full amount, they must pay the seller the outstanding amount based on the market value of the housing at the time of payment. The party that fails to perform its obligations under the contract due to fault and causes damage must compensate for the damage in accordance with the Civil Code.

4. In case the sale and purchase contract of housing contains conditions and those conditions have occurred or been fulfilled, the sale and purchase contract shall be resolved in accordance with the provisions of Clauses 1, 2, and 3 of this Article.

5. A sale and purchase contract of housing whose entirety or part of the content violates prohibitions or contravenes social morals as stipulated in the Civil Code shall be wholly or partially void, and the legal consequences shall be resolved in accordance with the provisions of Article 146 of the Civil Code.

Article 6. Exchange of Housing Between Individuals

1. In case there is no dispute over the exchange contract of housing and the procedures for transferring ownership rights have not been completed, the parties must complete the procedures for transferring ownership rights.

2. In case there is a dispute over the exchange contract of housing and the procedures for transferring ownership rights have not been completed, it shall be resolved as follows:

a) If the parties have exchanged houses with each other, the parties must complete the procedures for transferring ownership rights;

b) If one party has delivered the house while the other party has not, the party that has not delivered the house must perform its obligations under the contract;

c) If the parties have only exchanged part of the houses with each other, each party must deliver the remaining part to the other party;

d) If the parties have exchanged houses with each other and there is a difference in value and the party obligated to pay has not paid the full amount, they must pay the other party the outstanding amount based on the market value at the time of payment. The party that fails to perform its obligations under the contract due to fault and causes damage must compensate for the damage in accordance with the Civil Code;

đ) If the parties have not yet exchanged houses with each other, the contract shall be canceled.

3. In case the procedures for transferring ownership rights to implement the exchange contract of housing have been completed, but the parties have not yet exchanged houses with each other or one party has not delivered the house to the other party, the parties must perform their obligations under the contract.

4. In case the parties only exchange the right to use housing without transferring ownership of the housing, in case of disputes, it shall be resolved as follows:

a) If one party has delivered the house while the other party has not, the party that has not delivered must perform its obligations under the contract. The party that fails to perform its obligations under the contract due to fault and causes damage must compensate for the damage in accordance with the Civil Code;

b) If the contract has a term, when that term expires, the parties must revert to the original state within one month from the date of expiration, unless the parties have agreed otherwise; if the contract does not specify a term, one of the parties has the right to request a return to the original state, but must notify the other party in writing at least three months in advance.

5. A house exchange contract that entirely or partially violates prohibitions or contravenes social morals as stipulated in the Civil Code shall be wholly or partially void, and the legal consequences shall be resolved according to the provisions of Article 146 of the Civil Code.

Article 7. Gift of houses between individuals

1. In cases where there is no dispute over the gift contract for houses and the procedures for transferring ownership rights have not been completed, the recipient must complete the procedures for transferring ownership rights.

2. In cases where there is a dispute over the gift contract for houses and the procedures for transferring ownership rights have not been completed, it shall be resolved as follows:

a) If the recipient has already received the house, then the house belongs to the ownership of the recipient, and the recipient must complete the procedures for transferring ownership rights;

b) If the recipient has not yet received the house, then the gift contract for the house shall be rescinded, except in cases where the parties have agreed otherwise.

3. In cases where the procedures for transferring ownership rights to implement the gift contract for houses have been completed but the house has not yet been delivered to the recipient, the donor must deliver the house to the recipient within three months from the date the recipient requests in writing, except in cases where the parties have agreed otherwise.

4. In cases where the gift contract for houses contains conditions and such conditions have occurred or been fulfilled, the gift contract for houses shall be resolved according to the provisions of Clauses 1, 2, and 3 of this Article.

5. A gift contract for houses that entirely or partially violates prohibitions or contravenes social morals as stipulated in the Civil Code shall be wholly or partially void, and the legal consequences shall be resolved according to the provisions of Article 146 of the Civil Code.

Article 8. Procedures for Transferring Ownership Rights of Houses

The procedures for transferring ownership rights of houses for the cases prescribed in Articles 5, 6, and 7 of this Resolution shall be implemented according to the regulations of the Government.

Article 9. Inheritance of Houses Between Individuals

For cases of inheritance of houses opened before July 1, 1991, if the estate has not yet been divided and there is a request for division, it shall be resolved according to the provisions of the law on inheritance.

Article 10. Management of Unoccupied Houses Between Individuals

1. In cases where, prior to leaving, the owner of the house had legally authorized management and until July 1, 1996 (the effective date of the Civil Code), the authorization period had not expired or although there was legal authorization but the duration was not specified, the implementation of the authorization contents shall be carried out according to the Civil Code; if the owner has died, the authorization shall terminate and the inheritance of the house shall be resolved according to the Civil Code..

2. In cases where, prior to leaving, the owner of the house had legally authorized management and the authorization period had expired before July 1, 1996, it shall be resolved as follows:

a) If the owner requested to reclaim the house before July 1, 1996, the house shall be returned to the owner; if the owner has died, the ownership right shall be recognized for the heirs;

b) If the owner did not request to reclaim the house before July 1, 1996 or has died without requesting to reclaim the house before death, the ownership right shall be recognized for the father, mother, wife, husband, or children managing and using the house;

c) If there are no persons as specified in points a and b of this clause, the ownership right of the house shall be recognized for the person managing and using the house continuously for thirty years or more from the start of management and use to the effective date of this Resolution. In cases where there is no such person managing and using the house by the effective date of this Resolution, the house shall belong to the State and the person managing and using the house may lease or have priority to purchase the house.

3. In cases where, prior to leaving, the owner of the house did not have legal authorization for management, the ownership right shall be recognized for the father, mother, wife, husband, or children managing and using the house; if there are no such persons, the ownership right of the house shall be recognized for the person managing and using the house continuously for thirty years or more from the start of management and use to the effective date of this Resolution. In cases where there is no such person managing and using the house by the effective date of this Resolution, the house shall belong to the State and the person managing and using the house may lease or have priority to purchase the house.

4. In cases where the house is unoccupied because the owner went to participate in revolutionary activities or resistance, the house shall be returned to the owner. If the owner has died, the house shall belong to the heirs. In cases where there are no heirs, the ownership right of the house shall be recognized for the person managing and using the house continuously for thirty years or more from the start of management and use to the effective date of this Resolution. In cases where there is no such person managing and using the house by the effective date of this Resolution, the house shall belong to the State and the person managing and using the house may lease or have priority to purchase the house.

5. In cases where the person directly managing and using the unoccupied house as prescribed in Clauses 1, 2, 3, and 4 of this Article is not recognized as the owner of the house, they have the right to request the person recognized as the owner to compensate a reasonable amount for the care and maintenance of the house.

Article 11. Repairing, Renovating, Upgrading, Adding Area, Building New Houses

1. For rented, borrowed, or temporarily occupied houses between individuals, if the tenant, borrower, or temporary occupant has repaired, renovated, upgraded, added area, or built new houses within the premises of the rented, borrowed, or temporarily occupied house, the recovery of the house shall be carried out according to the following provisions:

a) In cases where the house has been repaired, when recovering the house, the landlord, lender, or temporary provider must pay the tenant, borrower, or temporary occupant the remaining value of the repair investment at market price at the time of payment, except in cases where the parties have agreed otherwise;

b) In cases where the dwelling has been renovated or upgraded without objection from the lessor, borrower, or occupier, when reclaiming the dwelling, the lessor, borrower, or occupier must pay to the lessee, borrower, or occupier the remaining value of the investment in renovation or upgrade according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

In cases where there has been objection from the lessor, borrower, or occupier, when reclaiming the dwelling, the lessor, borrower, or occupier must pay a portion of the remaining value of the investment in renovation or upgrade according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

c) In cases where the lessee, borrower, or occupier has added floor area or constructed new dwellings within the leased, borrowed, or occupied premises, if the parties have not agreed otherwise, the matter shall be resolved as follows:

In cases where the lessor, borrower, or occupier has agreed in writing or before July 1, 1996 did not file a complaint with the competent state authority regarding the addition of floor area or construction of new dwellings, and if the additional floor area or new dwelling can be used for separate habitation from the leased, borrowed, or occupied dwelling, then such additional floor area or new dwelling belongs to the lessee, borrower, or occupier, who must pay the lessor, borrower, or occupier the value of land use rights according to the price list issued by the People's Committee of the province or centrally administered city within the framework of prices set by the Government, except in cases where the parties have agreed otherwise;

In cases where the lessor, borrower, or occupier has agreed in writing or before July 1, 1996 did not file a complaint with the competent state authority regarding the addition of floor area or construction of new dwellings, but if the additional floor area or new dwelling cannot be used for separate habitation from the leased, borrowed, or occupied dwelling, then such additional floor area or new dwelling belongs to the lessor, borrower, or occupier, who must pay the lessee, borrower, or occupier the remaining value of the investment in construction of the additional floor area or new dwelling according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

In cases where the lessor, borrower, or occupier did not agree in writing or before July 1, 1996 had filed a complaint with the competent state authority regarding the addition of floor area or construction of new dwellings, then such additional floor area or new dwelling belongs to the lessor, borrower, or occupier, who must pay the lessee, borrower, or occupier a portion of the remaining value of the investment in construction of the additional floor area or new dwelling according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

In cases where the leased, borrowed, or occupied dwelling has been demolished and the lessee, borrower, or occupier has rebuilt a new dwelling, if the demolition was with the written consent of the lessor, borrower, or occupier or before July 1, 1996 the lessor, borrower, or occupier did not file a complaint with the competent state authority, then the new dwelling belongs to the lessor, borrower, or occupier, who must pay the lessee, borrower, or occupier the remaining value of the investment in construction of the new dwelling according to the market price at the time of payment, except in cases where the parties have agreed otherwise. If there was no consent from the lessor, borrower, or occupier or a complaint was filed before July 1, 1996, then the lessor, borrower, or occupier only needs to pay the lessee, borrower, or occupier a portion of the remaining value of the investment in construction of the new dwelling according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

In cases where the parties have agreed that the new dwelling belongs to the lessee, borrower, or occupier, then the lessee, borrower, or occupier must pay the lessor, borrower, or occupier the value of land use rights according to the price list issued by the People's Committee of the province or centrally administered city within the framework of prices set by the Government, except in cases where the parties have agreed otherwise;

2. In cases of management of ownerless dwellings between individuals where the manager or user has repaired, renovated, upgraded, added floor area, or constructed new dwellings, the matter shall be resolved as follows:

a) In cases where the dwelling has been repaired, renovated, or upgraded, when reclaiming the dwelling, the person recognized as the owner of the dwelling must pay to the party who repaired, renovated, or upgraded the dwelling the remaining value of the investment in repair, renovation, or upgrade according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

b) In cases where additional floor area or new dwellings have been constructed within the premises of the ownerless dwelling, the matter shall be resolved as follows:

In cases where the additional floor area or new dwelling can be used separately from the ownerless dwelling, then such additional floor area or new dwelling belongs to the party who added the floor area or constructed the new dwelling, who must pay the person recognized as the owner of the ownerless dwelling the value of land use rights according to the price list issued by the People's Committee of the province or centrally administered city within the framework of prices set by the Government, except in cases where the parties have agreed otherwise;

In cases where the additional floor area or new dwelling cannot be used for separate habitation from the ownerless dwelling, then such additional floor area or new dwelling belongs to the person recognized as the owner of the ownerless dwelling, but the owner of the ownerless dwelling must pay the party who added the floor area or constructed the new dwelling the remaining value of the investment in construction of the additional floor area or new dwelling according to the market price at the time of payment, except in cases where the parties have agreed otherwise;

In the case where the person managing and using the property has demolished the ownerless house and built a new dwelling to replace it, the person recognized as the owner of the ownerless house shall have the right to own the new dwelling and must pay to the person who built the new dwelling the remaining investment value of the new dwelling at market price at the time of payment, except in cases where the parties have agreed otherwise;

In the case where the ownerless house no longer exists due to force majeure and the person managing and using it has built a new dwelling to replace it, the right to ownership of the new dwelling shall be recognized for the person managing and using it who built the new dwelling, and they must pay to the person recognized as the owner of the ownerless house the value of land use rights according to the price list issued by the People's Committee of the province or centrally-administered city within the framework of prices set by the Government, except in cases where the parties have agreed otherwise;

PART III.
CIVIL TRANSACTIONS CONCERNING DWELLINGS BETWEEN INDIVIDUALS AND ORGANIZATIONS
WITH AUTHORITIES

Article 12. Authorities leasing dwellings from individuals

1. For lease contracts concerning dwellings that are currently being used for residential purposes, the matter shall be resolved as follows:

a) In the case where the leased dwelling is currently being used for residential purposes and the lease term according to the contract has expired before this Resolution takes effect or the lease term is not specified in the contract, the lessee organization managing the dwelling must return the dwelling to the lessor, starting from July 1, 2005, except in cases where the parties have agreed otherwise;

In the case where the lessee organization has ceased operations and there is no other organization managing the dwelling, the individual directly using the dwelling must negotiate with the lessor to resolve the issue; if no agreement can be reached, the lessor may reclaim the dwelling starting from July 1, 2005, but must notify the lessee in writing at least three months in advance;

b) In the case where the leased dwelling is currently being used for residential purposes and until this Resolution takes effect, the lease term according to the contract still remains valid, if the lease term ends before July 1, 2005, the lessee organization managing the dwelling must return the dwelling to the lessor starting from July 1, 2005; if the lease term ends after July 1, 2005, the lessor may reclaim the dwelling according to the provisions of the Civil Code, except in cases where the parties have agreed otherwise;

In the case where the lessee organization has ceased operations and there is no other organization managing the dwelling, and the lease term according to the contract ends before July 1, 2005, the individual directly using the dwelling must negotiate with the lessor to resolve the issue; if no agreement can be reached, the lessor may reclaim the dwelling starting from July 1, 2005, but must notify the lessee in writing at least three months in advance; if the lease term ends after July 1, 2005, the lessor may reclaim the dwelling according to the provisions of the Civil Code;

c) In the case where the individual continues to reside in the leased dwelling according to the provisions of points a and b of this clause and circumstances arise as stipulated in points a, b, c, and d of Clause 2, Article 3 of this Resolution, the provisions of those points shall apply;

2. For lease contracts concerning dwellings that are currently being used as offices, production bases, business premises, public facilities, the matter shall be resolved as follows:

a) In the case where the lease term according to the contract has expired before this Resolution takes effect or the lease term is not specified in the contract, the parties shall negotiate to resolve the issue; if no agreement can be reached, the organization managing and using the dwelling must return the dwelling to the lessor starting from July 1, 2002;

b) In the case where until this Resolution takes effect, the lease term according to the contract still remains valid but ends before July 1, 2002, the parties shall negotiate to resolve the issue; if no agreement can be reached, the organization managing and using the dwelling must return the dwelling to the lessor starting from July 1, 2002; if the lease term ends after July 1, 2002, the matter shall be resolved according to the provisions of the Civil Code;

3. The provisions of Clauses 6, 7, and 8 of Article 3 of this Resolution also apply to resolving lease contracts between individuals and organizations;

Article 13. Organizations borrowing dwellings from individuals

1. In the case where the borrowed dwelling is currently being used for residential purposes, the resolution shall be applied according to the provisions of Article 4 of this Resolution;

In the case where the borrowed dwelling has been sold or leased by the organization, the sale contract or lease contract shall be void, and the legal consequences shall be resolved according to the provisions of Article 146 of the Civil Code;

2. In the case where the borrowed dwelling is currently being used as an office, production base, business premises, public facility, the resolution shall be applied according to the provisions of Clause 2, Article 12 of this Resolution;

Article 14.METHODS OF RETURNING DWELLINGS

In the case where organizations must return dwellings to the lessors or lenders, depending on the situation, the return may be carried out in the following ways:

1. Returning the dwelling that the organization is managing and using;

2. Returning with another dwelling;

3. Returning with money;

4. The State allocating residential land without paying land use fees;

Article 15. Sale, exchange, gift, and inheritance of dwellings between individuals and organizations

1. The resolution of sale contracts shall be applied according to the provisions of Article 5 of this Resolution;

2. The resolution of exchange contracts shall be applied according to the provisions of Article 6 of this Resolution;

3. The resolution of gift contracts shall be applied according to the provisions of Article 7 of this Resolution;

4. The resolution of inheritance of dwellings shall be applied according to the provisions of Article 9 of this Resolution;

Article 16. Repairing, Renovating, Upgrading, Adding Area, Building New Houses

Matters concerning repair, improvement, upgrading, adding area, and building new dwellings shall be resolved as follows:

1. In the case where the dwelling is currently being used for residential purposes, the resolution shall be applied according to the provisions of Article 11 of this Resolution;

2. In cases where the house is being used for production facilities, business premises, office space, or public works, the matter shall be resolved through mutual agreement between the parties; if no agreement can be reached, the repair, renovation, and upgrading shall be handled according to the provisions of Clause 1 and Clause 2, Article 11 of this Resolution, while the additional area and new housing units shall be recognized as owned by the lessor or borrower, but they must pay the lessee or borrower the remaining value of the construction investment of those additional areas and new housing units at market price at the time of payment.

 

SECTION IV.
IMPLEMENTING PROVISIONS

Article 17. apply the provisions of this Resolution to resolve disputes arising from civil transactions concerning housing established before July 1, 1991.

1. The application of the provisions of this Resolution in the process of resolving disputes arising from civil transactions concerning housing established before July 1, 1991, shall be carried out as follows:

a) For cases that have been accepted by the People's Court but not yet adjudicated at first instance before this Resolution takes effect, cases where the judgments or decisions of the first-instance People's Court have not yet taken legal effect and are subject to legitimate appeals or protests, but have not yet been reviewed at second instance before this Resolution takes effect, and cases where the judgments or decisions of the People's Court have already taken legal effect and are subject to protests, but have not yet been reviewed at cassation or revision before this Resolution takes effect, these cases shall be resolved according to the provisions of this Resolution in accordance with civil procedure law.

b) For cases that have been resolved by the People's Court in accordance with previous legal documents and whose judgments or decisions of the People's Court have already taken legal effect, no grounds from the provisions of this Resolution shall be used to protest according to the cassation procedure.

c) For cases involving claims for rented, borrowed, or occupied housing, and management of owner-absent housing between individuals that have been adjudicated by the People's Court, and whose judgments or decisions of the People's Court have already taken legal effect, but the court has rejected the claim to return the house due to insufficient conditions to reclaim the housing, and now the parties again file a lawsuit, the court shall handle it as a new civil case.

2. The period from July 1, 1996, to the date this Resolution takes effect shall not be counted towards the statute of limitations in the civil litigation procedures for civil transactions concerning housing established before July 1, 1991.

Article 18. Implementation Provisions

This Resolution shall take effect from January 1, 1999.

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall guide the implementation of this Resolution within their respective functions, tasks, and powers./.