Does giving houses of gratitude require housing agreement in Vietnam?

Does giving houses of gratitude require housing agreement in Vietnam?

Article 120 of the Law on Housing 2014 stipulates procedures for entering into housing transactions as follows:

1. Any parties entering into housing transactions shall conclude agreements on housing sale, lease, lease purchase, giving, exchange, mortgage, capital contribution, lending, permission for stay, or authorization of housing management or documents on transfer of agreement on commercial housing sale (hereinafter referred to as housing agreement) according to regulations prescribed in Article 121 of this Law; regarding the organization giving house of gratitude, only document on giving is required.

2. The contracting parties shall agree to choose a party to request the competent agency to grant the Certificate of housing; regarding housing which is bought or leased and purchased from the investor, the investor must complete the procedures for the Certificate issued to the buyer or the lessee by the competent agency, unless the buyer or the lessee wishes to completes the procedures themselves.

3. If the competent agency grants the Certificate to the person who buys, rents and purchases housing, receives housing as giving, exchange, or capital contribution together with lawful residential land where that housing is located, it shall concurrently recognize the homeownership and rights to use residential land.

Thus, in case you donate housing as giving, you do not need to make a housing agreement, just make a document on giving according to the provisions of law in Vietnam.

Does agreements in giving houses of gratitude need to be notarized in Vietnam?

Article 122 of the Law on Housing 2014 stipulates notarization and authentication of agreements and effective date of housing agreements as follows:

1. Regarding agreements on housing sale, giving, exchange, capital contribution, mortgage, or transfer of agreement on commercial housing sale, it is required to notarize or authenticate the agreement, except for cases prescribed in Clause 2 of this Article.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be the date on which the agreement is notarized or authenticated.

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.

3. The documents on housing inheritance must be notarized or authenticated as prescribed in law on civil.

4. The notarization of housing agreement must be carried out at a notary; the authentication of housing agreement must be carried out at the People’s Committee of the commune where the house is located.

According to this Article, in case you make a housing agreement when giving houses of gratitude, it is not required by law to notarize it. If you have a need, you can still notarize the housing agreement when giving houses of gratitude in Vietnam.

What does content of housing agreement in Vietnam comprise?

Article 121 of the Law on Housing 2014 provides for housing agreement 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.

The above is the regulation on the content of the housing agreement in accordance with the law in Vietnam.

Best Regards!