Requirements of houses in transactions as of January 1, 2025 in Vietnam

What do housing transactions include?

Houses refer to structures serving residential purposes and daily activities of families and individuals. Houses serving both residential and non-residential purposes without being prohibited by the law are mixed-use houses.

Pursuant to Article 159 of the Law on Housing 2023 (taking effect on January 1, 2025), housing transactions consist of sale, purchase, lease purchase, rent, gifting, swap, inheritance, mortgage, capital contribution, lending, lodging, authorization for housing management.

Requirements of houses in transactions as of January 1, 2025 in Vietnam (Internet image) 

Requirements of houses in transactions as of January 1, 2025 in Vietnam

Pursuant to Article 160 of the Law on Housing 2023, requirements of houses in transactions include:

(1) Sale, lease purchase, gifting, swap, inheritance, mortgage, capital contribution in form of houses shall meet requirements below:

- Certificate has been issued for the houses as per the law, except for cases under Clause (2);

- The houses are not subject to disputes, complaints, lawsuits regarding ownership as per the law;

- Term of house ownership is not expired;

- The houses are not distained for judgment implementation or compliance with legally effective administrative decisions of competent authority or not subject to temporary emergency measures or preventive measures according to decisions of the court or competent authority;

- The houses are not subject to decisions on land expropriation, notice on clearance, demolition of competent authority;

- Requirements under Point b and Point c of this Clause do not apply to purchase, lease purchase of off-plan housing.

(2) Certificate is not required in housing transactions below:

- Purchase, lease purchase, mortgage of off-plan housing; housing sale in case of dissolution, bankruptcy;

- Gifting of charity houses;

- Purchase, lease purchase of the following existing houses of developers of housing investment and construction projects: public housing, social housing, housing for people’s armed forces, relocation housing that are not under public ownership;

- Lease, lending, lodging, and authorization for housing management;

- House inheritance.

Documents proving requirements of houses in transactions under this Clause shall conform to regulation of the Government.

(3) In respect of houses for lease, in addition to requirements below, houses shall also meet quality and safety requirements for tenants, be fitted with power, water supply, water drainage system, and ensure environmental hygiene unless otherwise agreed upon by the parties.

- Term of house ownership is not expired;

- The houses are not distained for judgment implementation or compliance with legally effective administrative decisions of competent authority or not subject to temporary emergency measures or preventive measures according to decisions of the court or competent authority;

- The houses are not subject to decisions on land expropriation, notice on clearance, demolition of competent authority;

Mai Thanh Loi

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