Vietnam: Guidelines for the procedures of transferring contracts for sale of off-the-plan houses

Specifically, the procedures of transferring contracts for sale of off-the-plan houses shall be prescribed in law on housing.

Procedures of transferring contracts for lease purchase of off-the-plan houses shall be prescribed in Article 9 of Decree No. 76/2015/ND-CP of Vietnam’s Government. Transfer agreement of contract for lease purchase of off-the-plan houses shall use the form No. 07 prescribed in Appendix issued herewith.

Similar to the procedures for transferring contracts for lease purchase of existing buildings, when following the procedures for issuance of certificate, the applicant shall submit, excluding documents prescribed in law on land, the following documents:

- The initial contract for lease purchase (original copy);

- The last transfer agreement certified by the lessor (original copy).

Note: Any real estate project which is received the investment decision, land allocation, land lease, or permit for project transfer and any contract for transfer, sale, lease, or lease purchase of real estate concluded before July 01, 2015 shall not be required to re-follow the procedures prescribed in the Law on real estate trading No. 66/2014/QH13.

Every contract for sale, transfer, lease, lease purchase of real estate, transfer of project, and every transfer agreement concluded before the effective of this Decree shall remain their validity and it is not required to comply with templates of contract and procedures prescribed in Decree No. 76/2015/ND-CP.

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

Thu Ba

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