The latest form of transfer agreement of a commercial house sale contract in Vietnam in 2023? What are the conditions for transfer of a commercial house sale contract in Vietnam?
- What is included in the application requesting the investor to confirm the transfer agreement of a commercial house sale contract in Vietnam?
- The latest form of transfer agreement of a commercial house sale contract in Vietnam in 2023?
- What are the conditions for transfer of a commercial house sale contract in Vietnam?
What is included in the application requesting the investor to confirm the transfer agreement of a commercial house sale contract in Vietnam?
Pursuant to Point a, Clause 3, Article 33 of Circular No. 19/2016/TT-BXD stipulating as follows:
Procedures for transfer of commercial house sale contract
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3. After all taxes, fees and charges for transfer of the contract is fully paid, the transferee shall submit an application requesting confirmation by the investor of the transfer agreement.
a) The application for confirmation consists of:
- 05 original copies of the transfer agreement, including 01 copy of the transferor (it must be notarized or authenticated, if required, before being submitted to the investor);
- Original sale contract with the investor in the commercial housing project. From the second transfer agreement, it is required to have original copies of previous transfer agreement(s). If only one or some of the houses in the original contract is transferred, the certified true copy of the original contract and original copy of its appendix shall be submitted. If the house has been received, a certified true copy of the house transfer note is required;
- Tax payment receipt or documents proving tax exemptions as prescribed by tax laws;
- Certified true copies or copies enclosed with originals of documents of the transferee: the unexpired ID card or passport of an individual; decision on establishment or certificate of registration of an organization.
b) The investor shall give confirmation on the transfer agreement within 05 working days from the receipt of adequate documents as specified in Point a of this Clause and send the following documents to the submitter:
- 02 copies of the transfer agreement bearing the investor’s confirmation; one of them is kept by the transferor, the other by the transferee;
- The original sale contract with the investor in the commercial housing project. From the second transfer agreement, it is required to have original copies of previous transfer agreement(s). If only one or some of the houses in the original contract is transferred, the certified true copy of the original contract and original copy of its appendix shall be submitted. If the house has been received, a certified true copy of the house transfer note is required;
- Tax payment receipt or documents proving tax exemptions as prescribed by tax laws.
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Thus, according to the above provisions, the application requesting confirmation by the investor of the transfer agreement consists of:
- 05 original copies of the transfer agreement, including 01 copy of the transferor (it must be notarized or authenticated, if required, before being submitted to the investor);
- Original sale contract with the investor in the commercial housing project. From the second transfer agreement, it is required to have original copies of previous transfer agreement(s).
+ If only one or some of the houses in the original contract is transferred, the certified true copy of the original contract and original copy of its appendix shall be submitted.
+ If the house has been received, a certified true copy of the house transfer note is required;
- Tax payment receipt or documents proving tax exemptions as prescribed by tax laws;
- Certified true copies or copies enclosed with originals of documents of the transferee:
+ The unexpired ID card or passport of an individual;
+ Decision on establishment or certificate of registration of an organization.
The latest form of transfer agreement of a commercial house sale contract in Vietnam in 2023? What are the conditions for transfer of commercial house sale contract in Vietnam? (Image from the Internet)
The latest form of transfer agreement of a commercial house sale contract in Vietnam in 2023?
The form of transfer agreement of a commercial house sale contract in Vietnam is specified in Appendix 24 issued with Circular No. 19/2016/TT-BXD as follows:
Download the form of transfer agreement of a commercial house sale contract in Vietnam: Click here.
What are the conditions for transfer of a commercial house sale contract in Vietnam?
Pursuant to Article 32 of Circular No. 19/2016/TT-BXD stipulating as follows:
Conditions for transfer of commercial house sale contract
1. The buyer of a house of the investor in a commercial housing project may transfer the sale contract to another entity as long as the application for the Certificate has not been submitted to a competent authority, whether the house has been received or not.
2. The transferee of the commercial house sale contract may transfer it to another entity as long as the application for the Certificate has not been submitted to a competent authority.
3. The transfer of such contract shall only apply to separate house or apartment. If the contract covers more than one apartment or house, all the apartments or houses in the contract shall be transferred. If the transferor wishes to transfer one or some of the houses, the transferor shall make out a new sale contract or appendix to the contract before following contract transfer procedures.
Thus, the transferee of the commercial house sale contract may transfer it to another entity when meeting the above conditions.
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