Buyers Must Independently Obtain Condominium Title Deeds?

Must the Buyer Apply for the Apartment Ownership Certificate (So hong) Themselves? What Does the Application Dossier for the Apartment Ownership Certificate Include?Dear Editorial Board,I have an issue that needs clarification. I recently purchased an apartment in District 2, Ho Chi Minh City. I have fully paid the selling party. Can you please inform me whether the seller or I am responsible for applying for the apartment ownership certificate (so hong)?I sincerely hope to receive a response from the Editorial Board on this matter. Thank you very much.

Must the buyer handle the pink book for the apartment?

Based on Clause 7, Article 26 of the Housing Law 2014, the responsibilities of the commercial housing project investor are defined as follows:

...

  1. Within 50 days from the date of handover of the house to the buyer or from the time the lease-purchase party has fully paid according to the agreement, the investor must carry out the procedures to request the competent state agency to issue a Certificate to the buyer or lease-purchaser, unless the buyer or lease-purchaser voluntarily carries out the certification procedures. In case of constructing houses for rent, the investor is responsible for preparing and storing housing records according to the provisions of Article 76 and Article 77 of this Law.

  2. Warranty the house according to the provisions of this Law and construction legal regulations; fulfill all financial obligations to the State as regulated by law.

  3. Comply with effective legal decisions from the competent authority regarding the handling of legal violations in housing development, capital mobilization, advance payments from customers, housing transactions, and other activities stipulated in this Article.

  4. Compensate in cases of damage to customers or organizations, individuals, or households participating in housing construction investment.

Thus, if you have fully paid for the apartment, the investor is responsible for preparing the application for the issuance of the pink book for your apartment unless you voluntarily undertake this task.

What does the application for the pink book for the apartment include?

According to Clause 3, Article 72 of Decree 43/2014/ND-CP, amended by Clause 22, Article 1 of Decree 148/2020/ND-CP, which regulates the order and procedures for registration, issuance of Certificates of land use rights, ownership of houses and other assets attached to land for those who receive the transfer of land use rights, buy houses, and construction works in housing development projects as follows:

  1. The housing project investor is responsible for submitting 01 set of application documents for registration and issuance of Certificates of land use rights, ownership of houses, and other assets attached to land on behalf of the transferee of land use rights, house buyers, or construction works buyers, or providing the documents to the buyer to undertake the registration themselves. The documents include:

a) Application form for land registration, assets attached to land, issuance of Certificate of land use rights, ownership of houses and other assets attached to land;

b) Contract for the transfer of land use rights, purchase of houses, construction works as per legal regulations;

c) Minutes of handover of houses, land, construction works.

Respectfully!

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