Is it required to have a certificate of housing attached to land when there is a house of gratitude gifting in Vietnam?

Is it required to have a certificate of housing attached to land when there is a house of gratitude gifting in Vietnam?

Currently working at a social organization. Regarding the donation of gratitude houses to some policy households. Please ask, according to regulations, when giving a house of gratitude, is it required to have a certificate of housing attached to the land?

Reply:

In Article 118 of the 2014 Housing Law, there are regulations on requirements applied to houses entered into transactions, accordingly:

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.

But besides that, Clause 2, Article 118 of the 2014 Housing Law, also stipulates:

2. The following transactions in housing are not required the Certificate:

a) Transactions in off-the-plan housing sale or mortgage;

b) Transactions in house of gratitude gifting;

c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;

d) Transactions in housing lease, lending, permission for stay, management authorization;

dd) Transactions in housing inheritance;

e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.

Any documentary evidence on requirements pertaining to the house to be entered into the transaction as prescribed in this Clause shall comply with regulations of the Government.

Therefore, according to the above regulations in Vietnam, when a social organization, or an individual or other unit donates charity houses or gratitude houses, the law is not required to have a Certificate of housing attached to land.

Is it required to have a certificate of housing attached to land when there is a house of gratitude gifting in Vietnam? (Image from the Internet)

After receiving the house, when will the certificate be issued in Vietnam?

It is expected that in February 2019, my family will be assigned an apartment by the investor. So, from the date of handing over the house, how long does the law stipulate for us to receive a certificate?

Reply:

Clause 7, Article 26 of the 2014 Housing Law stipulates obligations of investors in projects for commercial housing construction:

7. Apply for the Certificates of housing which are granted to the buyers or the lessees by the competent agency within 50 days, from the date on which the housing is transferred to the buyers or the lessees pay off the contractual total amount, unless the buyers or the lessees wish to apply for the Certificates themselves. In case the housing is built for lease, the investors must file and store documents on housing as prescribed in Article 76 and Article 77 of this Law.

Thus, the project investor is responsible for carrying out procedures to request the competent authority to issue a certificate to the buyer within the above time limit. After that, the competent authority will consider issuing a Certificate to the home buyer in Vietnam.

Is it required to have a certificate of ownership to buy off-the-plan commercial housing in Vietnam?

Hello, I am Nguyen T***, I have the following question and hope to receive a response soon, specifically: I am planning to buy a house to be built in the future from a friend. So please ask, specifically: Is it required to have a certificate of ownership to buy off-the-plan commercial housing in Vietnam?

Reply:

According to the provisions of Clause 2, Article 118 of the 2014 Housing Law, there are regulations regarding the issue you asked as follows:

2. The following transactions in housing are not required the Certificate:

a) Transactions in off-the-plan housing sale or mortgage;

b) Transactions in house of gratitude gifting;

c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;

d) Transactions in housing lease, lending, permission for stay, management authorization;

dd) Transactions in housing inheritance;

e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.

Any documentary evidence on requirements pertaining to the house to be entered into the transaction as prescribed in this Clause shall comply with regulations of the Government.

Thus, according to the above regulations in Vietnam, if you buy a house to be formed in the future, you are not required to have a Certificate of Ownership. And if the seller is within the time limit for granting the certificate of ownership, the buyer will wait for the seller to receive it, and after it is issued, they will carry out the apartment purchase and sale transaction. If the seller has not yet been granted a certificate of ownership, the two parties can carry out a transaction to transfer commercial housing (must have the consent of the investor). The issuance of a certificate of ownership will be recorded directly to the buyer in the above case.

Best regards!