Vietnam: Conditions for transferring contract for sale or lease purchase of off-the-plan houses

On September 10, 2015, the Government of Vietnam issued Decree No. 76/2015/ND-CP on guidelines for the Law on real estate trading.

The transfer of contract for sale or lease purchase of off-the-plan houses must fully satisfy all the conditions listed in Decree No. 76/2015/ND-CP of Vietnam’s Government, specifically as follows:

dieu kien chuyen nhuong HD mua ban nha tuong lai, Nghi dinh 76/2015/NĐ-CP

- The purchaser of a contract for sale of an off-the-plan house or the lessee of a contract for lease purchase of an off-the-plan house may transfer such contract to another organization or individual (regardless of actual transfer) provided that the application for issuance of certificate has not been submitted to the competent agency.

- The transferee of the lease purchase contract may transfer such contract to another organization or individual if the application for issuance of the certificate still has not been submitted to the competent agency.

Moreover, regarding sales contracts or lease purchase contracts of single detached house or apartment (off-the-plan house), each detached house or apartment shall be transferred separately; regarding sales contracts or lease purchase contracts of multiple detached houses or apartments, all houses apartments shall be transferred.

View full text at Decree No. 76/2015/ND-CP of Vietnam’s Government, effective from November 01, 2015.

Thu Ba

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