Conditions for transfer of a commercial house sale contract in Vietnam

Conditions for transfer of a commercial house sale contract in Vietnam

Pursuant to Article 32 of Circular 19/2016/TT-BXD, conditions for transfer of a commercial house sale contract are as follows:

- The buyer of a house of the investor in a commercial housing project may transfer the sale contract to another entity as long as the application for the Certificate has not been submitted to a competent authority, whether the house has been received or not.

- The transferee of the commercial house sale contract may transfer it to another entity as long as the application for the Certificate has not been submitted to a competent authority.

- The transfer of such contract shall only apply to separate house or apartment. If the contract covers more than one apartment or house, all the apartments or houses in the contract shall be transferred. If the transferor wishes to transfer one or some of the houses, the transferor shall make out a new sale contract or appendix to the contract before following contract transfer procedures.

Conditions for transfer of a commercial house sale contract in Vietnam (Internet image) 

Regulations on notarization and authentication of transfer agreement of commercial house sale contract in Vietnam

Pursuant to Clause 2, Article 33 of Circular 19/2016/TT-BXD, notarization and authentication of transfer agreement:

(1) If the transferor is not an enterprise or cooperative licensed to trade in real estate as prescribed by regulations of law on real estate trading, the transfer agreement must be notarized or authenticated. Application for notarization or authentication:

- 07 original copies of the transfer agreement;

- The original sale contract with the investor in the commercial housing project. From the second transfer agreement, it is required to have original copies of previous transfer agreement(s). If only one or some of the houses in the original contract is transferred, the certified true copy of the original contract and original copy of its appendix shall be submitted;

- Certified true copies or copies enclosed with originals of the unexpired ID card or passport of an individual; decision on establishment or certificate of registration of an organization;

- Other documents prescribed by regulations of law on notarization and authentication. The notary or authenticating body shall notarize or authenticate the transfer agreement in accordance with regulations of law on notarization and authentication.

(2) If the transferor is an enterprise or cooperative licensed to trade in real estate, notarization and authentication of the transfer agreement is optional. If the transfer agreement has to be notarized or authenticated, provisions of Point (1)shall apply.

Mai Thanh Loi

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