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The Supreme People's Court of Vietnam: Benchbook Online

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4.1.4. Application of laws respective to the time of transaction


  • Before 1 July  1991
    - Resolution No. 58/1998/NQ-UBTVQH dated 20 August 1998 of the Standing Committee of the National Assembly on housing civil transactions enterred before 1 July 1999 (which took effect as from 1 January 1999)
    - Inter-Circular No.01/1999/TTLT-TANDTC-VKSNDTC dated 25 January 1999 of the SPCPeople’s Supreme Court and People’s Supreme Procuracy guiding the application of a number of articles of Resolution No. 58/1998/NQ-UBTVQH10.
    - Official Letter no. 56/1999/KHXX dated 17 June 1999 of the SPC.
  • From 1 July 1991 to 1 July 1996
    - Ordinance on Housing.
    - Ordinance on Civil Contracts.
    - Decision No. 297/CT dated 2 October 1991 of the President of the Ministerial Council (now known as the Government) on resolution of a number of housing-related issues.
  • As from 1 July 1996
    - Civil Code
    - Resolution No. 01/2003/NQ-HDTP dated 16 April 2003 of the SPCJC
  • Application of specific legal provisions (specialized) in resolving disputes on housing purchase contracts 
    - Together with legal provisions on housing purchase contracts, the Judge must apply other relevant provisions. Such provisions often relate to defining the subject status of the contract, provisions on common ownership, especially legal provisions on inheritance, marriage and family.
    - When relevant legal provisions are applied, according to a general principle, laws at the time of the transaction would be applied (when the contract was signed). However, there are cases where legal provisions at the time of the building of a house or at the time of the transfer of ownership would be applied to determine lawful owner of the house. For example: a document made by a couple to divide a house in 1995 would be invalid (in contradiction with the Law on Marriage and Family 1986) but a document made by a couple to divide such a house in 2001 would be valid (in accordance with the Law on Marriage and Family 2000). Each party shall be entitled to sell their own division then.