According to the Decree, documents proving requirements of houses in transactions when certificates of land use rights are unavailable include:
(1) Regarding the trading and lease purchase of houses in a project on investment in the construction of houses, there must be documents proving that such houses are eligible for business according to the following regulations:
- Where persons subject to resettlement purchase or lease-purchase off-plan houses for the resettlement, such houses must have documents proving that they are eligible for business according to real estate business laws, excluding cases where it is required to have written notices on houses are eligible for sale and lease purchase of provincial real estate business authorities. In cases of trading or lease-purchasing existing houses for resettlement, such houses must have testing records for use according to construction laws;
- In cases of trading or lease-purchasing social houses or houses for people’s armed forces, there must be documents proving eligibility for transactions according to social housing development and management laws.
(2) Regarding the trading and lease purchase of off-plan houses not subject to any project on housing construction investment, there must be documents proving the land use rights according to land laws and construction permits regarding cases that require construction permits according to construction laws;
Regarding cases not subject to construction permit issuance, there must be documents proving investment in the construction of houses.
(3) Regarding the trading and lease of houses that are public assets as prescribed in Point d Clause 1 Article 13 of the Law on Housing 2023, there must be documents determining that such houses are eligible for lease and sale according to Articles 63 and 69 of Decree No. 95/2024/ND-CP .
See other cases in Decree No. 95/2024/ND-CP of Vietnam, effective as of August 1, 2024.
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Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to info@thuvienphapluat.vn.
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