The contract of sale/lease-purchase of individual houses in Vietnam is issued together with the Government’s Decree 02/2022/ND-CP issued on January 6, 2022 detailing the implementation of a number of articles of the Law. Real estate business. The following article of Lawyer X will guide customers to form a contract for sale/lease-purchase of individual houses.
Legal grounds
Decree 02/2022/ND-CP
What is a contract for the sale of a detached house?
Pursuant to Clause 2, Article 105, Article 430 of the Civil Code 2015 (CPC 2015), a separate house sale and purchase contract is an agreement between parties whereby the seller transfers ownership of the separate house to the other party. purchase and the buyer pays the seller.
In addition, the individual house purchase and sale contract must also be performed in accordance with the provisions of the Law on Housing and other relevant laws.
Necessary contents of a separate house sale and purchase contract
In Article 398 of the 2015 Civil Code, the law has outlined the basic contents that must be included in a separate house sale and purchase contract to protect the interests of the parties when entering into the contract. Specifically, a separate house sale and purchase contract should contain the following contents:
Object of the contract;
Quantity Quality;
Price, payment method;
Term, place and method of contract performance;
Rights and obligations of the parties;
Liability for breach of contract;
Argument setllement.
Procedures when buying a separate house
Conditions for buying a separate house
Firstly, have a certificate (GCN) in accordance with the law, except for the case of buying and selling houses formed in the future, buying and selling state-owned…
Second, the house is not subject to a dispute, complaint or lawsuit about ownership; are in the period of house ownership in the case of house ownership with a definite term.
Third, the house must not be distrained for judgment enforcement or to execute an administrative decision that has taken legal effect.
Fourth, the house is not subject to a decision on land recovery, notice of house clearance or demolition issued by a competent authority.
Buyer need to check the information
Contact the ward People’s Committee, land registration office to be provided with information about the certificate, planning;
Contact a notary practice organization to find out information on preventing and restricting transactions…
Some other important information is the area of house, land on the certificate and in fact are suitable for each other, if there is a difference, how the area is being used.
Is it in the case of illegal encroachment or not? Is it in the case of illegal construction or not…
Make a contract of sale
After finding out the information, conducting the transaction, the buyer needs to carefully review the terms of the purchase and sale contract (or the contract for the transfer of land use rights (LURC) and house ownership…).
The contract should have basic contents such as the full name of the individual or organization, the buyer and seller; describe the characteristics of the real estate; Transaction prices; payment term and method; rights and obligations of the parties… the parties have the right to agree on other contents, as long as they do not violate the prohibition of the law or contrary to social ethics.
The house purchase and sale contract must be notarized at a notarization practice organization or authenticated at the commune-level People’s Committee where the house is located according to regulations.
Fulfill your tax obligations
When the contract is authenticated, the two parties continue to carry out the procedures to declare personal income tax and registration fee.
The registration fee will depend on the regulations of each province/city, and the personal income tax to be paid is 2% of the transfer price stated in the contract (provided that this price is not lower than the price bracket issued by the State). ).
Sellers also need to pay attention to the provisions in Clause 2, Article 4 of Decree 65/2013 on tax exemption cases.
Procedure for transferring name
After the above steps, the buyer can carry out procedures for registration of changes or procedures for new issuance of LURCs, ownership of houses and other properties attached to the land in their name.
If participating in a transaction with a large value, the buyer should ask someone with legal knowledge of the house and land to advise and assist in the transfer process to limit risks instead of trading on the basis of normal trust.
Instructions for filling out the form of a contract for sale/lease-purchase of individual houses
1 – Write the grounds related to the purchase, sale, or lease-purchase of houses. In case the State amends or replaces legal documents stated in the basis of this contract, the seller must record the number and name of the new document that has been changed.
2 – Enter the name of the business or individual that sells, leases out and buys a house; If it is an individual, it is not necessary to have the contents of the Certificate of Business Registration/Certificate of Investment Registration, the legal representative of the enterprise.
3 – If it is an organization, write information about the organization; if it is an individual, write personal information, if there are many individual buyers under the same name in the contract, in this section, full information about the people who buy the house must be written in this section; There is no need to have the contents of the Certificate of Business Registration/Certificate of Investment Registration, the legal representative of the enterprise.
4 – If it is an organization, write the number of the Certificate of Business Registration or the Certificate of Investment Registration.
Is it necessary to notarize the contract of sale of individual houses?
Point a, Clause 3, Article 167 of the 2013 Land Law provides:
a) Contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated, except for the case of real estate business specified in Clause 1 of this Article. at point b of this clause.
When transferring houses as land-attached assets, the contract must be notarized or authenticated according to regulations, unless one or the transferor is a real estate business organization.
The place of notarization of the transfer contract
Article 42 of the Law on Notarization 2014 stipulates the scope of notarization as follows:
A notary of a notarial practice organization may notarize real estate contracts and transactions within the province or centrally run city where the notarial practice organization is headquartered, except for notarization cases. wills, written refusal to accept the estate as immovable property and documents of power of attorney relating to the exercise of rights to immovable property.
According to the above regulations, when transferring a house, the notary parties at the state notary office or a private notary office located within the province or centrally run city where the house is located.
Where to certify the transfer contract
Authenticate the transfer contract at the People’s Committee of the commune, ward or township where the house is located.
Related article:
- Regulations on insurance brokerage enterprises in Vietnam
- Procedures for setting up an insurance company in Vietnam
- Article 85 What are the highlights of Vietnam’s Law on Insurance Business?
Frequently asked questions
Clause 1, Article 328 of the 2015 Civil Code provides for deposits as follows:
Deposit means when one party (hereinafter referred to as the depositor) hands over to the other party (hereinafter referred to as the deposit recipient) a sum of money or precious metals, gems or other valuables (hereinafter referred to as the depository). collectively referred to as deposit assets) for a period of time to secure the conclusion or performance of the contract.
Pursuant to the provisions of law, a separate house sale and purchase contract must be made in writing according to a form and must be notarized or authenticated, unless one party or parties to the transaction is an operating organization. real estate business, individual house sale and purchase contracts are not required to be notarized or authenticated.
The two parties must be present at the state notary agency or the competent people’s committee and have all the necessary papers to carry out the procedures for buying and selling separate houses. After the contract has been notarized or authenticated, within the time prescribed by law, the seller and the buyer must carry out procedures for registration of name transfer at a competent state agency.
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Conclusion: So the above is Contract for sale lease-purchase of individual houses in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
