For houses built in the future and houses have been handed over to the buyers but have not yet applied for house ownership certificates, the transfer shall be effected in the form of transfer concession house purchase contract.
The conditions for transferring the house purchase contract in the future
First, regardless of whether the purchaser has been handed over, the assignment of the purchase contract must be made before the project owner submits the application for a land use right certificate. , ownership of houses and other assets attached to land (pink book) to competent state agencies.
Secondly, the transfer of the purchase contract must be made in individual houses or apartments. In the case of a purchase or lease contract for several individual houses or apartments in a project, the entire number of houses or flats in that contract must be transferred. In cases where the seller wishes to transfer one or several apartments, he / she shall have to sign the contract or sign an additional appendix for the intended transfer.
The steps and procedures for transferring the house purchase contract will be formed in the future
Step 1: The transferor and the transferee must agree and proceed to make a written assignment of the house purchase and sale contract in accordance with the form in Circular 19/2016 / TT-BXD.
Step 2 (if any): In cases where the transferor of house sale and purchase contracts is not an enterprise or cooperative having the function of dealing in real estate under the law on immovable business The contract assignment document must be notarized or authenticated. On the other hand, if the transferor has a real estate business function, the notarization and authentication of the contract will depend on the agreement of the parties.
A dossier of request for notarization or authentication comprises the following papers:
- 7 original documents of house purchase contract transfer;
- The original house purchase and sale contract signed with the investor; In case of assignment from the second time onwards, the original assignment document of the preceding transfer must be attached;
- Authenticated copy or copy and must produce originals for comparison of the following papers: Identity card or citizen identification card or valid passport, if it is an individual, if it is an organization, must be attached according to the establishment decision or the registration paper for establishment of such organization;
- Other papers prescribed by the law on notarization and authentication.
Step 3 (if any): The two sides will perform the obligation to pay taxes, fees and charges at the tax office for the transfer of the house purchase contract in the future. In case of tax exemption, documentary evidence is required.
Step 4: Request the investor to confirm in the contract transfer document. The transferee shall submit one set of the dossier requesting the investor to certify the transfer document, including the following papers:
- The original copy of the house purchase contract, including 1 copy of the transferor.
- The original house purchase and sale contract signed with the investor. In case of assignment from the second time onwards, the original assignment document of the preceding transfer shall be attached. If the house has been handed over, there must also be a copy certified by the house delivery minutes.
- Tax receipts for the transfer of dwelling house purchase or sale contracts or papers evidencing the tax exemption according to the tax law.
- Authenticated copy or copy and must produce the originals to compare the documents of the assignee: Identity card or citizen identification card or passport or equivalent if the individual. If it is an organization, it must be accompanied by the establishment decision or the registration paper for establishment of such organization.
The project investor shall be responsible for certifying the transfer of the contract within a maximum of 5 working days, as from the date of receiving the complete dossiers and hand over the papers to the dossier submitters as prescribed.
The final transferor will be issued a certificate of ownership of the house as regulated.
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