Can contracting parties agree on deadline for and method of payment regarding transactions in housing sale in Vietnam?
Can contracting parties agree on deadline for and method of payment regarding transactions in housing sale in Vietnam? Do all housing agreements have to be notarized in Vietnam?
Hello, let me ask you, I am preparing to sell the front house on 3/2 street, can you please let me know if I and the buyer can agree on deadline for and method of payment when buying a house or not? Please advise.
Can contracting parties agree on deadline for and method of payment regarding transactions in housing sale in Vietnam?
Article 121 of the Law on Housing 2014 provides for housing agreements as follows:
A housing agreement shall be concluded by contracting parties and made in writing, including:
1. Full names of individuals, names of organizations and addresses of contracting parties;
2. Description of characteristics of the house and the piece of land attached to that house. Regarding agreements on apartment sale or lease purchase, contracting parties must state the common areas or common-using areas; private areas; floor area; purposes of the common areas or common-using areas in the apartment building according to approved design;
3. The value of contributed capital, the transaction price of housing if there is a term on pricing in the agreement; regarding transactions in housing sale, lease, or lease purchase which is regulated pricing by the State, contracting parties shall comply with that regulations;
4. Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase or transfer of agreements on housing sale;
5. Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution;
6. Rights and obligations of contracting parties;
7. Commitments of contracting parties;
8. Other agreements;
9. Effective date of the agreement;
10. Date of agreement;
11. Signatures and full names of contracting parties, or stamps (if any) and positions of the signatories regarding organizations.
Thus, based on current regulations in Vietnam, the two parties can agree on the deadline for and method of payment regarding transactions in housing sale.
Do all housing agreements have to be notarized in Vietnam?
Clause 2, Article 122 of the Law on Housing 2014 provides as follows:
2. Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to notarize or authenticate the agreement.
Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.
According to this Article, the housing managements listed above are not required to be notarized, unless the parties have a need in Vietnam.
Best Regards!