Documents proving requirements of houses in transactions in cases of not having land use right certificate in Vietnam

Documents proving requirements of houses in transactions in cases of not having land use right certificate in Vietnam (Image from the Internet)

Documents proving requirements of houses in transactions in cases of not having land use right certificate in Vietnam

To prove housing conditions for transactions in cases of not having land use right certificate, the required documents are stipulated in Article 8 Decree 95/2024/ND-CP. Specifically:

(1) For transactions involving the sale, lease-purchase of housing in a housing development project, there must be documents proving that the housing meets business conditions as follows:

- In the case of resettlement allocation for those buying, lease-purchasing housing for future resettlement purposes, the housing must have documents proving it meets business conditions as per property business regulations, excluding the requirement for a notice on housing sale, lease-purchase conditions issued by the provincial real estate management authorities.

In the case of buying, lease-purchasing available housing for resettlement purposes, there should be documents on acceptance for use as per construction law in Vietnam;

- For transactions involving the sale, lease-purchase of social housing, or housing for the armed forces, there must be documents proving eligibility for transactions as per social housing development and management law.

(2) For transactions involving the sale, lease-purchase of future housing not part of a housing development project, there must be land use right certificates as per land law and a construction permit if required by construction law; if a construction permit is not required, there must be documents proving the housing construction investment.

(3) For transactions involving the sale, lease of housing that is public property as defined in point d, clause 1, Article 13 of the Housing Law 2023, there must be documents specifying that the housing is eligible for rental or sale as stipulated in Articles 63 and 69 of Decree 95/2024/ND-CP.

(4) For transactions involving the gifting of gratitude housing, compassion housing, or unity housing, the gifting organization must have documents proving the construction of the housing for gifting purposes.

(5) For transactions involving the mortgaging of future housing by housing project investors, there must be documents proving eligibility for mortgage per point a, clause 1, Article 184 of the Housing Law 2023, documents proving the completion of the housing foundation as per construction law, and documents proving that the mortgaged housing does not fall within the project's collateral or the entire project already mortgaged, or documents proving the mortgage release if applicable.

In the case of individuals or organizations mortgaging future housing transactions, there must be documents as stipulated in point c, clause 1, Article 184 of the Housing Law 2023.

(6) In cases of rental, borrowing, staying, or authorizing housing management (except for renting public property housing as per point d, clause 1, Article 13 of the Housing Law 2023), the rental, borrowing, stay, or authorization party must have a sale, lease-purchase contract with the housing project investor if renting or lease-purchasing from the investor; if transferring a purchase contract, an additional document transferring the housing purchase contract must be prepared as per property business law.

In cases of self-investment in housing construction, a construction permit or documents proving housing ownership as per civil law and land law must be provided.

(7) In cases of housing inheritance, the following documents are required:

- If inheriting gifted housing, there must be documents proving the housing ownership of the gifting party;

- If inheriting purchased or lease-purchased housing, a lawful housing sale, lease-purchase contract with documents proving housing ownership or housing construction investment by the selling, leasing party;

- If inheriting newly constructed investment housing, there must be a construction permit if required and documents proving land use rights per land law of the bequeather;

- If inheriting housing as per a court decision, there must be a legally effective judgment or decision of the People's Court;

- Other documents as per inheritance law.

(8) For transactions involving the sale of housing by an organization dissolved or bankrupt, there must be a resolution, decision on dissolution of the organization or a notification from the competent authority on the dissolution of the housing-owning organization; in cases of bankruptcy, there must be a declaration of bankruptcy by the People's Court related to the housing-owning organization.

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