This is an important detail in Circular 26/2015/TT-NHNN guiding the order and procedures for the mortgage and release of collateral which are housing development projects and future-formed residences issued by the State Bank of Vietnam on December 09, 2015.
According to the regulations stipulated in Circular 26/2015/TT-NHNN, organizations and individuals are entitled to mortgage future-formed houses upon meeting the following conditions:
- For organizations and individuals mortgaging future-formed houses constructed on their legally owned parcels of land:
- Possessing legal evidence of homestead land use rights in accordance with land laws;- Holding a Construction Permit if the construction falls within the category requiring such a permit by relevant laws;- Meeting the conditions stipulated in points d, dd, e of Clause 2, Article 7 of Circular 26.
- For organizations and individuals mortgaging future-formed houses purchased from an investor in a housing construction investment project:
- Holding a signed house sale contract with the investor;- Having a contract transfer document if they are a transferee of the house sale contract as per regulations;- Holding documents proving the payment to the investor according to the agreed schedule in the house sale contract;- Not being involved in any complaints, lawsuits, or disputes regarding the house sale contract or its transfer;- Meeting the conditions stipulated in points dd, e of Clause 2, Article 7 of Circular 26.
Detailed information can be found in Circular 26/2015/TT-NHNN effective from December 10, 2015.
- Khanh Chi -
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