When buying a condominium apartment, how long is the unit warranted — and from when does the warranty period run? Under Vietnam’s Housing Law 2023 (27/2023/QH15), the warranty period for condominium housing is a minimum of 60 months (5 years). The point many people get wrong: the clock starts not on the sale contract signing date, and not on the handover date — but on the date construction is completed and the work is accepted for use.
1. Minimum 60 months — and longer periods may be agreed
Point a, Clause 2, Article 129 of the Housing Law 2023 sets the housing warranty period at a minimum of 60 months. This is a mandatory floor:
- The parties may agree on a longer period in the sale contract — the longer, the better for the buyer;
- Conversely, any clause shortening the period below 60 months is invalid to the extent it breaches the statutory minimum;
- Buyers should check their contract: if it states a warranty shorter than 60 months, that clause has no effect.
2. The starting point: acceptance for use — not signing or handover
This is the most commonly misunderstood point. The law provides that the warranty period runs from the date construction is completed and the work is accepted for use (point a, Clause 2, Article 129). Practical consequences:
- Not from the contract signing date: the gap between signing and acceptance can span years — that time does not “eat into” the 60-month warranty;
- Not from the unit handover date: the milestone attaches to the building (overall acceptance), not to when each individual unit is handed over;
- Buyers should therefore ask for the exact acceptance-for-use date to determine precisely when their unit’s warranty starts and ends.
3. Who bears the warranty obligation?
The developer (seller) is responsible for warranting the housing to the buyer. During the warranty period, if the unit has defects or faults caused by construction, the developer must repair and remedy them. Buyers should:
- Upon discovering defects, notify the developer/management board in writing, describing them in detail with photos and videos as evidence;
- Keep all meeting minutes and repair request slips;
- If the developer fails to honour the warranty, buyers may seek intervention by the competent authority or file a lawsuit.
4. Distinction: warranty (Article 129) vs. maintenance (Article 130)
These two regimes are often confused but are entirely different:
- Warranty (Article 129): the developer’s responsibility for construction quality for at least 60 months from acceptance; costs borne by the developer;
- Maintenance (Article 130): upkeep and repair of the condominium during long-term use, carried out by the owners/occupants through the maintenance fund (the 2% fund buyers contributed);
- Simply put: defects from construction faults within 60 months → developer’s warranty; wear from long-term use → maintenance fund.
5. What buyers should check in the sale contract
- The warranty period stated in the contract (must be at least 60 months);
- Warranty scope: which items are covered (structure, technical systems, fixtures);
- Warranty claim procedure: whom to notify, response time for attendance;
- The (expected) acceptance-for-use date — the warranty’s starting milestone.
6. Frequently asked questions
How long is a condominium warranted?
A minimum of 60 months (5 years) under point a, Clause 2, Article 129 of the Housing Law 2023; the parties may agree on a longer period.
From when do the 60 months run?
From the date construction is completed and accepted for use — not from the contract signing date, nor from the unit handover date.
Is a 24-month warranty clause in the contract acceptable?
No. Any agreement below 60 months breaches the statutory minimum and has no effect.
Who must fix leaks or cracks during the warranty period?
The developer (seller) bears the warranty obligation to remedy construction defects during the warranty period.
What is the difference between warranty and maintenance?
Warranty (Article 129): the developer’s responsibility for quality for at least 60 months from acceptance. Maintenance (Article 130): owners’ upkeep during long-term use funded by the maintenance fund.
Sources
- Housing Law 2023 (27/2023/QH15) — in force as of 14/10/2026: point a, Clause 2, Article 129 (minimum 60-month housing warranty; runs from completion of construction and acceptance for use; developer’s warranty responsibility); Article 130 (housing maintenance — distinct from warranty).
For reference only; not legal advice. This article was drafted by AI and quality-checked by the AI Legal Council of FLAT Law Firm; it has not been reviewed or approved by a human lawyer. Regulations may change; please check the current legal texts before applying.
Related articles
- Warranty Clauses in Construction Contracts in Vietnam
- Case Study: Five-Year Condominium Management Fee Dispute
Need a review of the warranty clauses in your apartment sale contract before signing? Contact FLAT Law Firm for advice.