Can a house by installments be transferred to another person in Vietnam? What is transfer price of a commercial real estate purchase contract in Vietnam?

Can a house by installments be transferred to another person in Vietnam?

I bought a house with 7-year installments and have paid it off for 4 years. Recently I needed money to carry out an investment project. Can I transfer this house to someone else? Thanks!

Reply:

- Pursuant to Clause 2, Article 125 of the Housing Law 2014 stipulates as follows:

2. The buyer buying house by installments may not conduct transactions in housing sale, giving, exchange, mortgage, or capital contribution with other person until he/she pays off the total amount, unless otherwise agreed.

During the installment period, if the buyer dies, his/her lawful heir(s) may exercise rights and fulfill obligations of the buyer, when the heir(s) pay off the total amount to the seller, they shall be granted the Certificate.

Thus, based on the above regulations in Vietnam, in principle, the house you are paying in installments cannot be transferred to another person. However, if the three parties have an agreement on the transfer, you can still transfer the house you are paying in installments to another person.

Can a house by installments be transferred to another person in Vietnam? What is transfer price of a commercial real estate purchase contract in Vietnam? (Image from the Internet)

What is transfer price of a commercial real estate purchase contract in Vietnam?

Hello, my name is Duc Bao, currently working in Ho Chi Minh City. I am studying the law and regulations related to real estate. But I have the following question and hope to receive a response. Specifically: What are regulations on transfer price of a commercial real estate purchase contract in Vietnam?

Reply:

Housing selling prices, transaction prices of transfer of agreements on commercial housing sale are specified in Article 124 of the Housing Law 2014, as follows:

The selling price of the house, the transaction price of housing selling agreement shall be agreed by contracting parties and stated in the housing sale agreement or document on transfer of housing sale agreement; if the State regulates prices of housing sale, contracting parties must comply with that regulations.

Thus, according to the above regulations in Vietnam, the housing purchase price and transfer price of agreements on commercial housing sale are agreed upon and decided by the transferor and transferee. This issue is recorded in the contract. purchase. In case the state has regulations on purchase and sale prices, the transferor and transferee shall comply with those regulations.

Can investor receive the transfer of the home purchase contract that has been sold to the customer in Vietnam?

My company is an investor and has signed an apartment purchase and sale contract with a customer. Then his company had a need to buy back these apartments without having to liquidate the sales contract. Please ask, can my company sign a transfer contract of sale with customers to buy back sold apartments?

Reply:

Pursuant to Clause 2, Article 123 of the Housing Law 2014, which stipulates:

In case the buyer of a commercial house from an investor has not submitted an application to a competent state agency for a Certificate for that house and has a need, he or she may transfer the house purchase and sale contract. live; The transferee of the contract is responsible for fully fulfilling the obligations under the housing purchase contract signed with the investor.

At the same time, Clauses 1 and 2, Article 32 of Circular 19/2016/TT-BXD stipulate the conditions for transfer of commercial housing purchase and sale contracts, as follows:

2. In case the buyer buys a commercial house from the investor but he/she has not applied to the competent agency for the Certificate of housing, he may transfer the housing sale agreement; the transferee must fulfill agreed obligations in the housing sale agreement.

Procedures for transfer, content and form of documents on transfer of housing sale agreement shall comply with regulations of the Minister of Construction; the transferor shall pay taxes and/or fees as prescribed on in accordance with regulations of law on taxes and fees.

According to the information you provided in Vietnam, your company and the customer are only at the stage of signing an apartment purchase and sale contract. Customers who have not submitted an application for a Certificate of Housing Ownership have right to transfer this purchase contract to another organization or individual. However, these other organizations and individuals do not include the seller, your company.

Thus, the application for a certificate has not been submitted to the competent state agency, the sale transaction between the investor and the buyer has not been completed, the investor himself is still a party to the transaction. In such a transaction, the investor cannot accept the transfer of the contract as the buyer to transact with himself. After completing all procedures and the house belongs to the buyer, they have right to resell it to the investor in Vietnam.

Best regards!