What amounts of money need to be paid when carrying out the purchase and sale in Vietnam of condominiums in accordance with the law?
Fees for notarization of apartment purchase and sale in Vietnam contracts?
Pursuant to the provisions of Article 122 of the Law on Housing 2014, regulations on notarization and authentication of contracts and effective time of housing contracts, according to which:
- In case of purchase, sale, donation, exchange, capital contribution, house mortgage, or transfer of commercial house purchase and sale in Vietnam contract, the contract must be notarized or authenticated, except for the case specified in Clause 2 of this Article. this.
For the transactions specified in this Clause, the effective time of the contract is the time of contract notarization and authentication.
- For the case where the organization donates to the house of gratitude or charity; purchase, sale, lease purchase of state-owned houses; purchase, sale, lease-purchase of social housing, housing in service of resettlement; capital contribution by housing with one side being an organization; For lease, lending, accommodation, or authorization for housing management, the contract is not required to be notarized or authenticated, unless the parties so request.
For transactions specified in this Clause, the effective time of the contract shall be agreed upon by the parties; If the parties do not agree, the effective time of the contract is the time of signing the contract.
- The notarization of housing contracts is carried out at notarization practice organizations; The authentication of housing contracts shall be carried out at the People's Committee of the commune where the house is located.
Accordingly, in the case of buying and selling apartment houses, the parties must notarize the purchase and sale in Vietnam contracts or apartment houses. The parties can agree on the responsibility to pay for notarization costs, which can be either the buyer or the seller.
Notarization fee includes notary fee and notarization fee:
- Notarization fee: Pursuant to the provisions of Article 4 of Circular 257/2016/TT-BTC stipulating notarization fee rates accordingly:
The fee for notarization of contracts and transactions is determined according to the value of the property or the value of the contract or transaction:
+ The fee for notarization of the following contracts and transactions is calculated as follows:
+ Notarization of contracts for transfer, donation, donation, division, separation, import, exchange, capital contribution with land use rights: Calculated on the value of land use rights.
+ Notarization of contracts for transfer, donation, donation, division, import, exchange, capital contribution with land use rights with land-attached assets including houses and constructions on land: Calculated on the total value land use rights and the value of assets attached to the land, the value of houses and constructions on the land.
+ Notarization of contracts of sale, donation of other properties, capital contribution with other assets: Calculated on the value of the property.
+ Notarization of the agreement on division of the estate, the document declaring the estate: Calculated on the value of the estate.
+ Notarized loan contract: Calculated on the loan value.
+ Notarization of property mortgage and pledge contracts: Calculated on the value of the property; Where the loan value is stated in the property mortgage or mortgage contract, the loan value shall be calculated.
+ Notarization of economic, commercial, investment and business contracts: Calculated on the asset value or the contract or transaction value.
- Notary remuneration:
Pursuant to the provisions of Article 67 of the Law on Notary 2014 stipulating the collection of notary labor according to which:
Notarization requesters must pay remuneration when requesting a notarial practice organization to draft contracts, transactions, type, copy and translate papers and documents and other tasks related to the drafting of contracts. Notarized.
- Provincial-level People's Committees shall promulgate notarization remuneration ceilings applicable to local notarial practice organizations. The notarial practice organization shall determine the remuneration for each type of work not to exceed the ceiling of the notarial remuneration promulgated by the provincial-level People's Committee and publicly post the remuneration levels at its head office. Notarial practice organizations that collect remuneration higher than the remuneration ceiling and the posted remuneration level shall be handled in accordance with law.
What amounts of money need to be paid when carrying out the purchase and sale in Vietnam of condominiums in accordance with the law? (Image from the internet)
Regulations on personal income tax arising from the purchase and sale in Vietnam of apartment buildings?
Pursuant to the provisions of Article 17 of Circular 92/2015/TT-BTC on personal income tax on income arising from real estate transfer, accordingly:
- The tax base for income from real estate transfer is the transfer price each time and the tax rate.
- The transfer price for the transfer of the right to rent land or rent water surface is the price stated in the contract at the time of transfer of the right to rent land or rent water surface.
In case the sublease unit price on the contract is lower than the price set by the provincial People's Committee at the time of sublease, the sublease price shall be determined according to the price list prescribed by the provincial People's Committee.
- Tax rate for real estate transfer is 2% of the transfer price or sublease price.
The parties may agree with each other on the party to pay personal income tax, or if there is no agreement, the seller of the apartment house is the subject to pay personal income tax.
Other expenses incurred when buying and selling apartments?
After conducting the purchase and sale in Vietnam of the apartment, the buyer will have to make a pink book of the newly purchased apartment and will have to pay the fees arising from the pink book:
- The fee for making the apartment pink book (cover fee) is regulated by the Provincial People's Council, with a collection of 100,000 VND or less.
- The registration fee when making the pink book is calculated by the registration fee * 0.5%. In which, the price for calculating the registration fee is equal to the apartment area * price per square meter.
So, above are all the fees that you have to pay when carrying out the procedure of buying and selling an apartment that you need to pay attention to.
Thư Viện Pháp Luật
