The apartment does not have the red book need to carry out procedures for transfer to safe and legal?
You can read more information at Vietnam Real Estate Law
If you own an apartment, the apartment has no pink book. However, for some reason, your family plans to move and want to resell the apartment. So, apartments can be transferred without the pink book?
It is possible to transfer the apartment on the basis of the law
Under the provisions of Article 118 of the Housing Act 2014, the conditions of a house participating in a transaction are stipulated as follows:
Transactions on purchase, sale, lease-purchase, donation, exchange, mortgage or capital contribution with dwelling houses, the houses must satisfy 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 presence of complaints, disputes, complaints about the ownership or being in the ownership duration of houses, for cases of house ownership for a definite term;
c / Not being distrained for judgment execution or not 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 band c of this Clause shall not apply to cases of future purchase and sale or lease-purchase of houses.
Get transfer of apartment without roses
The following housing transactions are not required to have certificates:
a / To mortgage or buy and sell houses in the future;
b / Organizing the implementation of donations to gratitude houses and houses of gratitude;
c / Trading in, leasing out state-owned houses; or purchase, sell, rent social houses, houses for resettlement not belong to the state ownership; sale of dwelling houses specified in Clause 4, Article 62 of this Law;
- d) Lending, renting, authorizing the management of dwelling houses;
e / Get the house inherited;
- e) Assignment of a commercial house purchase contract which is built into an investment project for the construction of a dwelling house (including the case where the house has been handed over from the investor but the dossier has not been submitted to the house the competent authority shall grant a certificate for such house).
The papers evidencing the conditions on houses participating in the transactions prescribed in this Clause shall comply with the Government’s regulations.
In case the house for rent is in addition to the conditions specified in Points b, c and d, Clause 1 of this Article, the dwelling house must also ensure quality and safety for the house lessee; At the same time, there are enough electricity, water supply, and drainage systems, ensuring environmental sanitation.
So, the procedure of transferring the apartment without a pink book is different?
If your purchase is not required to have a house ownership certificate, you can not make a home purchase contract because the house purchase contract must be notarized. There is no pink book. However, the two parties can still make a deposit contract to ensure that you will sell the apartment to the buyer or make the act by buying and selling houses of two sides – by the government.
When making a deposit contract, the two parties only need to make a document, signed by the buyer – the seller is legally valid. Deposit contracts are not required to be notarized/certified, but if required, you can notarize/certify the deposit contract.
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