Procedures For The Transfer Of Houses Formed In The Future

* Conditions for transfer of future housing purchase contracts:

Irrespective of whether the buyer has been handed over the house, the assignment of the contract must be made before the application for the certificate of land use right, house ownership and other property. Attached to land shall be submitted to the competent State body.

See more:  7 Questions To Help You Understand The Rules When Buying A House

Assignment of a purchase contract must be made by individual house or apartment. In the case of a sale or purchase contract for multiple individual houses or apartments, the entire number of houses or flats in that contract must be transferred. In case of transferring one or several apartments, they must sign the contract or sign additional appendices for the apartments to be transferred.

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* The order and procedures for the transfer of house purchase contracts to be formed in the future include the following steps:

Step 1: The assignor and the assignee must agree to make a written assignment of the house purchase contract in accordance with the standard form and Circular 19/2016 / TT-BXD.

Step 2 (if any): Where the transferor of a house sale/purchase contract is not an enterprise or cooperative with the function of conducting real estate business in accordance with the law on real estate business, Contract transfer must be notarized or authenticated. Conversely, if the assignor has the function of real estate business, 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 transfer of house purchase contract;

The original house purchase 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 documents: Identity card or citizen identification card or valid passport for individual, if organization, people must be attached According to the establishment decision or the registration paper for the establishment of such organization;

Other documents in accordance with the law on notarization and authentication.

Step 3 (if any): Pay taxes, fees and charges at the tax office for the assignment of the contract. In case of tax exemption, there must be supporting documents.

Step 4: Request the investor to confirm in the contract transfer document. The transferee shall submit one set of the dossier proposing the investor to certify the transfer document, including the following papers:

5 original copy of the transfer contract of the house sale, including 01 copy of the transferor.

Original house purchase contract signed with the owner. In case of assignment from the second time onwards, the original contract transfer document must be enclosed with the previous transfer. In case of receipt of the house, there must be a certified copy of the house hand over minutes.

Tax receipts for the transfer of dwelling house purchase contracts or papers evidencing tax-exemption in accordance with 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 papers of the individual. If it is an organization, it must be accompanied by the decision on its establishment or the registration of the establishment of such organization.

Investors shall be responsible for confirming the assignment of the contract within five working days from the date of receipt of the complete dossier and handing over the required documents to the party submitting the dossier.

The final transferee will be issued a certificate of ownership of the house as regulated.

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