In Vietnamese society, allowing relatives or friends to borrow or stay in one’s house is a cultural tradition rooted in mutual support and solidarity. However, the line between goodwill and legal complications often becomes blurred when the occupant refuses to return the property despite the owner’s need to use it. With the simultaneous implementation of the 2024 Land Law and the 2023 Housing Law, the legal framework governing such disputes has undergone significant changes.
In the article below, LawPlus provides a detailed overview of the legal proc
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1. Legal Grounds for Recovering the House and Notice Obligations
The primary legal basis for recovering a house lent for accommodation is governed by the provisions on property loan agreements under the 2015 Civil Code and the 2023 Housing Law.
– Right to recover property (Article 499 of the 2015 Civil Code): The lender has the right to recover the house immediately after the borrower has achieved the intended purpose (if no loan term has been agreed upon). Where the owner has an urgent and unforeseen need to use the house, he or she may still recover the property even if the accommodation purpose has not yet been fulfilled or the loan term has not expired, provided that reasonable prior notice is given.
– Clause 1, Article 180 of the 2023 Housing Law: Clearly affirms the lender’s right to recover the house when the agreed lending or accommodation period expires or in accordance with the parties’ agreement.
To lawfully recover the house, the owner must provide written notice. A “reasonable period” is generally determined based on actual circumstances; however, to ensure maximum legal certainty, the owner should specify a notice period ranging from 30 to 90 days. Retaining evidence of service of the notice (registered mail, delivery minutes, etc.) is essential for establishing unlawful possession if the occupant fails to vacate upon expiry of the notice period.
2. Establishing Evidence When the Arrangement Was Made Orally
In practice, the greatest obstacle in disputes over houses lent for accommodation is that the parties often rely solely on oral agreements. However, under Article 119 of the 2015 Civil Code, verbal civil transactions remain legally valid. In such cases, the owner bears the burden of proving the existence of the accommodation arrangement in order to refute claims of lawful possession or alleged gifts made by the defendant. The owner should focus on the following lawful sources of evidence:
– Call recordings and messages exchanged (SMS, Zalo, etc.);
– Witness statements (neighbors, residential group leaders, etc.);
– Tax payment documents bearing the owner’s name. Under the 2024 Land Law, the Certificate of Land Use Rights and Ownership of Assets Attached to Land (Land Use Right Certificate/House Ownership Certificate) constitutes conclusive evidence of ownership.
Note: If the occupant subleases the house to another person or uses it for an improper purpose (e.g., conducting business activities that damage the property), the owner has the right to recover the house immediately without providing a reasonable prior notice period.
3. Community Mediation: Encouraged but Not Mandatory
A common misconception is that all land-related disputes must undergo mediation at the commune-level People’s Committee before a lawsuit can be filed. However, pursuant to Clause 2, Article 3 of Resolution No. 04/2017/NQ-HĐTP and Article 235 of the 2024 Land Law, disputes concerning the recovery of a house lent for accommodation are classified as disputes over property recovery/civil transactions rather than disputes regarding land use rights. Accordingly, the owner may file a lawsuit directly with the Court without first undergoing mediation at the commune-level People’s Committee.
Nevertheless, voluntary mediation is still encouraged in order to: – Demonstrate the owner’s good faith in resolving the dispute.
– Clarify the parties’ intentions and record any repair, renovation, or improvement expenses (if any) as a basis for determining compensation issues during court proceedings.
4. Civil Litigation Procedures for Recovery of Possession and Ownership Rights
If all mediation efforts fail, the owner should initiate civil proceedings through the following steps to ensure legal compliance:
Step 1: Determine Jurisdiction and Prepare the Lawsuit Dossier
– Jurisdiction: The statement of claim must be submitted to the People’s Court with jurisdiction over the location of the real property.
– Required documents include:
+ Statement of claim;
+ Copies of the claimant’s identification documents (Identity Card/Citizen Identity Card/Passport);
+ Documents proving ownership of the property;
+ Evidence proving the accommodation arrangement and the notice requesting return of the house.
Step 2: Submit the Lawsuit Dossier
For this type of dispute, the statute of limitations provides maximum protection. Pursuant to Clauses 2 and 3, Article 155 of the 2015 Civil Code, claims for protection of ownership rights and land use right disputes are not subject to any statute of limitations. Therefore, the owner may initiate legal action to recover the property at any time.
Step 3: Pay the Court Fee Advance and Obtain Case Acceptance
Step 4: Pre-Trial Preparation Stage
The normal preparation period is four months (which may be extended by an additional two months for complex cases). The Court will conduct verification and evidence-gathering activities, including witness interviews, confrontations, property valuation, and on-site inspections of the property.
Step 5: Trial and Issuance of Judgment
5. Prohibited Conduct and Criminal Risks
Many owners, frustrated by the occupant’s refusal to vacate, resort to self-help measures. However, emotional frustration does not exempt a person from legal liability.
Under the 2015 Penal Code (as amended and supplemented in 2017), such actions may result in serious legal consequences:
– Infringement upon another person’s residence (Article 158): Actions such as arbitrarily cutting off electricity or water, locking the house from the outside, or forcing residents out of the property without a decision from a competent authority may result in non-custodial reform for up to two years or imprisonment for up to two years.
– Destruction of or intentional damage to property (Article 178): Removing the occupant’s belongings and causing loss or damage to property valued at VND 2,000,000 or more may lead to criminal liability, with penalties of up to twenty years’ imprisonment depending on the extent of the damage.
Any compulsory enforcement for recovery of residential property must be carried out by the Civil Judgment Enforcement Authority after a legally effective judgment or decision has been issued by the Court.
6. Conclusion
Resolving disputes over the recovery of a house lent for accommodation in 2026 requires a thorough understanding of the transitional provisions of the 2024 Land Law and the 2023 Housing Law. The key to maximizing legal protection lies in maintaining a clear body of evidence and patiently following the prescribed litigation procedures.
To minimize risks from the outset, owners should execute a written house lending/accommodation agreement clearly specifying the term, purpose of use, and termination conditions. Where complex disputes arise or the occupant refuses to cooperate, owners should promptly seek assistance from qualified law firms or legal practitioners for support in preparing legal documents and representation in court proceedings.
