The buyer often requires the seller to confirm his/her single status to ensure that the house to be sold is owned by the seller. So, is a single status certificate required when buying and selling a house in Vietnam?
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Vietnam: Is a single status certificate required when buying and selling a house? (Illustration)
According to the provisions in Article 118 of the Land Law 2013, the transaction related to housing in Vietnam must meet the following conditions:
- It must have a Certificate of Land Use Rights as prescribed by law, except as stipulated in Clause 2, Article 118 of the Land Law 2013;
- It must not be under dispute, complaint, or litigation regarding ownership; for houses with a certain ownership period, the ownership period has not yet expired;
- It must not be seized for enforcement of judgment or for the execution of an effective administrative decision by the competent state authority;
- It must not be within the premises of a land recovery decision, a notice of clearance, or demolition by the competent authority.
A Certificate of Land Use Rights must be presented to prove that the seller is the owner of the house as prescribed in Point a, Clause 1, Article 119 of the Land Law 2013. Additionally, the house is the separate property of the seller and not jointly owned by both spouses. According to Article 35 of the Law on Marriage and Family 2014, the disposition of common property must be agreed upon by both spouses, especially if it involves real estate, requiring a written agreement between the spouses. This implies that both spouses must consent.
Under the above regulations, when selling a house, the seller must provide the following documents:
- Land Use Rights Certificate;
- ID card/citizen ID card or passport of the land user;
- Marriage certificate if it is for a couple, or a single status certificate if not married.
Thus, to ensure the buyer's rights in a transaction, the seller must present a single status certificate to prove they have full authority in the house sale without involving a third party. This also ensures the rights of the spouse if no prior agreement was made about the sale of jointly owned property.
Thuy Tram
