The housing law of 2014 stipulates that dwelling houses for transactions must not be subject to dispute, not subject to distraint for enforcement or not subject to notice of clearance or demolition of houses by competent authorities. .
Conditions to own a house in Vietnam
Article 8 of the Housing Act 2014 stipulates the conditions for owning houses in Vietnam as follows:
“first. Organizations, households and individuals in the country; For Vietnamese residing overseas, they must be permitted to enter Vietnam; For foreign organizations and individuals, they must satisfy the conditions prescribed in Article 160 of this Law.
- To have a lawful house through the following forms:
a / For domestic organizations, households and individuals, the form of investment in construction, purchase, hire purchase, donation, inheritance, capital contribution, house exchange and forms other according to the provisions of law;
b / For overseas Vietnamese, through the form of purchase or hire purchase of commercial houses by enterprises or cooperatives engaged in real estate business (hereinafter referred collectively to as real estate business enterprises ); buy, donate, receive, inherit houses of households or individuals; To transfer the land use right in investment projects on the construction of commercial houses, which are allowed to be sold for self-construction in accordance with the provisions of law;
c / For foreign organizations and individuals, the forms prescribed in Clause 2, Article 159 of this Law shall apply. “
Do not qualify for a transaction?
Clause 1, Article 118 of the Housing Law of 2014 stipulates the conditions for housing to be traded:
” Transactions on purchase, sale, lease-purchase, donation, exchange, mortgage or capital contribution with dwelling houses, the house must meet all the following conditions:
a / Having a certificate as prescribed by law, except for cases prescribed in Clause 2 of this Article;
b / Not being in the dispute, complaining or claiming the ownership right; are in the period of owning the house in the case of owning a house for a definite term;
c / Not being distrained for execution of judgments or being distrained for execution of legally effective administrative decisions of competent state agencies;
d / Not being subject to a decision on land recovery, notice of land clearance or dismantlement by the competent agency.
The conditions specified at Points b and c of this Clause shall not apply to cases of purchase and sale of rented houses in the future. “
Article 119 of the Law on Housing in 2014 on the conditions of parties involved in house transactions is stipulated as follows:
” Selling, leasing, leasing houses, transferring contracts on purchase and sale of commercial houses, donating, exchanging, bequeathing, mortgaging, contributing capital, lending or letting house stay, authorizing house management The following conditions must be met:
a / Being house owners or persons authorized by the owners, authorized to conduct house transactions according to the provisions of this Law and civil law; In case of transfer of commercial house sale / purchase contract, it must be the person who has bought the house of the investor or the person who has transferred the house purchase contract.
b / If they are individuals, they must have full civil act capacity to conduct house transactions according to the provisions of civil law; If it is an organization, it must have the legal person status, except for cases where organizations donate houses of gratitude or houses of affection. “
According to Clause 1, Article 62 of Decree No. 99/2015 / ND-CP, the former state-owned houses must not be sold in the following cases:
a / The dwelling house is located in the planning area for construction of official-duty houses, plannings for construction of key national projects or key works of provincial level;
b / The house has been issued with a decision on land recovery and house recovery from the competent State body;
c / Houses without origin are houses but are being arranged as dwelling houses and are subject to treatment and rearrangement of houses and land under state ownership;
d / Dwelling houses associated with historical or cultural relics already classified according to decisions of competent state agencies; The house used for official-duty houses, offices, working offices, schools, hospitals, parks and public-utility works has been approved by a competent authority. Browser;
e / The apartment buildings are damaged or in danger of collapsing or failing to ensure safety for users who have conclusions on quality inspection by the provincial / municipal Construction Services of the localities where exist the condominiums; Uninhabited condominiums have not yet been renovated by the State, except for cases where the tenants have reformed themselves before the effective date of this Decree and the independent and voluntary use thereof. Committing a written request for purchase;
f / The villas are on the list of non-sold goods reported by the provincial-level People’s Committees and approved by the Prime Minister before the effective date of this Decree. “
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