Is it possible to sale my land with only a construction permit in Vietnam?

Is it possible to sale my land with only a construction permit in Vietnam? What are regulations on application for issuance of a construction permit for detached house in Vietnam? 

I'm planning to buy a plot of land, but I just got a construction permit there, no land ownership certification yet. So is it possible to sale my land with a construction permit or not? What are regulations on application for issuance of a construction permit for detached house in Vietnam? Please advise. Thank you.

1. Is it possible to sale my land with only a construction permit in Vietnam? 

In Clause 1, Article 118 of the Law on Housing 2014 stipulating any house regarding transactions in housing sale, lease purchase, gifting, mortgage, or capital contribution shall meet the requirements below:

1. Any house regarding transactions in housing sale, lease purchase, gifting, mortgage, or capital contribution shall meet the requirements below:

a) There is the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;

b) There is no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;

c) The house is not distrained;

d) There is no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.

The requirements prescribed in Point b and c of this Clause shall not apply to transactions in off-the-plan housing sale or lease purchase.

Thus, a house with a construction permit means that a house that has been built is not eligible to be transferred (purchased, sold, donated), except in the case of inheritance in Vietnam.

2. What are regulations on application for issuance of a construction permit for detached house in Vietnam? 

According to Article 46 of Decree 15/2021/ND-CP, application for issuance of a construction permit for detached house is as follows:

1. An application form for issuance of construction permit No. 01 of Appendix II hereto.

2. One in written proofs of land use rights as prescribed in legislation on land.

3. 02 sets of construction design drawings, enclosed with the fire safety design appraisal certificates, together with the appraised drawings if required by the law on fire safety; report on the result of construction design assessment if required by law on construction, including:

a) Work plan on the land plot, enclosed with the work location diagram;

b) Floor plan, elevations and sections of the work;

c) Footing plan and sections enclosed with connection diagram of infrastructure outside the work including water supply and drainage, power supply;

d) For construction works with adjacent works, there must be a written commitment to ensure safety for the adjacent works.

4. Based on the actual circumstances in the locality and Clause 3 of this Article, the People's Committee of province shall publish the design drawing templates for households and individuals to refer to when making their own construction design according to the provisions at Point b Clause 7 Article 79 of the Law on Construction 2014.

Best Regards!

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