In order to be granted a certificate of house ownership, the owner must be eligible to own a house and have papers proving the lawful establishment of the house.
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Currently, according to the Decree No. 43/2014/NĐ-CP of Vietnam’s Government, domestic household and individual eligible to own houses and possessing papers proving the lawful formation of houses may have their house ownership certified according to the following provisions:
1. House construction permit, in case construction permit is required under the construction law;
2. Contract on purchase and sale of a state-owned house under the Government’s Decree No. 61/CP of July 05, 1994, on purchase, sale and trading of houses, or paper on liquidation or sale of a state-owned house before July 05, 1994;
3. Paper on handover or donation of a gratitude or great-unity house;
4. Paper on house ownership, granted by competent authorities in different periods while such house is not subject to entire-people ownership establishment by the State under the Resolution No. 23/2003/QH11 and Resolution No. 755/2005/NQ-UBTVQH11;
5. Paper on purchase and sale, donation, exchange or inheritance of the house already notarized or certified by a competent People’s Committee under law;
6. Legally effective judgment or decision of the people’s court or paper of the state agency competent to permit house ownership;
Regarding this issue, according to Clause 14 Article 1 of the Decree No. 148/2020/NĐ-CP dated December 18, 2020 of Vietnam’s Government amending Point a Clause 1 Article 31 of the Decree No. 43/2014/NĐ-CP as follows:
a) Residential house construction permit or definite-term residential house construction permit which is required in cases where application form construction permits is mandatory under the construction laws.
In case any house is built in contravention of the issued construction permit, a written confirmatory opinion from the authority issuing the construction permit that the construction area in breach of the permit has not threatened safety for works and is now consistent with the construction planning scheme approved by the competent authority.
Pursuant to this revised regulation, from February 08, 2021, the owner applying for a house ownership certificate can present a definite-term residential house construction permit which is still recognized as a current residential house construction permit. Thus, the Decree No. 148/2020/NĐ-CP has supplemented the grounds to be granted a certificate of house ownership from 2021.
Thuy Tram
