Hello Lawyer. My wife and I plan to buy a house in Hanoi. But the situation of house prices going up and down is extremely complicated and unpredictable. So about the matter “How to buy a safe house under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds:
- Housing Law 2014
- Land Law 2013
How to buy a safe house under Vietnam law?
Find out about the legality of the house you want to buy
To limit the risk when buying a home, you first need to check the legal status of the house, specifically whether the house is eligible for sale or not. Houses participating in transactions must satisfy the conditions specified in Article 118 of the Law on Housing 2014, for transactions on purchase, sale, lease-purchase, donation, exchange, mortgage, or capital contribution in the form of housing, the house must have meet the following conditions:
• Having a Certificate in accordance with the law;
• Not subject to a dispute, complaint or claim about ownership; are in the period of house ownership in the case of house ownership with a definite term. Not applicable to the case of purchase, sale, lease-purchase of houses to be formed in the future.
• Not being distrained for judgment enforcement or distrained to comply with legally effective administrative decisions of competent state agencies. This condition does not apply to the case of buying, selling, or renting-purchase houses to be formed in the future.
• Not subject to a decision on land acquisition, a notice of house clearance or demolition issued by a competent authority.
When buying a house, you should ask the seller to provide a full copy (with the latest notarization) of the Certificate of land use rights, ownership of houses and other assets attached to the land of the house mentioned above. household registration, the seller’s identity card (of both husband and wife if the seller is married), and at the same time, go to the People’s Committee of the commune where the land is located to request the above-mentioned information on housing for inspection. Check the condition of the house for sale before buying a house.
To limit the risk when buying a home, the first thing you need to do is check the legal status of the house. Currently, the Departments of Justice of the provinces and centrally-run cities have established the program “Management of notarized contracts and UCHI interception data” (referred to as UCHI). This program allows notary offices to enter information and data of contracts and transactions for properties subject to registration of land use rights and use rights after they are signed. Therefore, the buyer can find out information about the notarized transaction of the certificate of house ownership, land use right, decision on recovery, canceled, lost… through this transaction.
Check the status and origin of the house
According to the provisions of law, the house subject to the house purchase and sale contract must be in existence or under construction. In case there are transactions on buying and selling of houses to be formed in the future, i.e. houses in the construction or completion stage such as apartments, houses under the project, the legality of the house must be ensured. this type of transaction. In fact, buying and selling houses formed in the future is often risky. So be careful about this type of transaction.
The buyer must have accurate information about the house project under construction as well as the project investor must have a notice of the sale of the apartments on the design drawing with details of the area, construction materials, equipment related to the house let the buyer know.
To have a more realistic view, to avoid risks, the buyer must directly visit the location of the house to see its condition, must determine the origin of the house owned by whom, the process of ownership transfer like, does the house have a certificate of house ownership? Clearly identifying the origin of the house and the legal status of the house is a condition for entering into a contract in accordance with the law and avoiding disputes later on.
In addition, it should also be noted whether the house is the house being sold that is mortgaged or distrained to secure the performance of one or other civil or criminal obligations. In the case of a house of inheritance, it is necessary to find out if the house is owned by the deceased person, who has contributed to maintaining and increasing the value of the house, the legal heirs to the house, the will of the co-heirs to the assignment. In case the original house is donated or inherited from the will, it is necessary to check whether the giftee or the inheritor is bound by any conditions, especially to check whether that is donated, wills for ownership or only for management, use for worship. If you don’t give it to you, don’t buy it.
In many cases, due to limited economic conditions, customers have to buy a house that the owner has sold to many people, each person only buying a part of the house. In this case, it is necessary to consider whether the purchased area partially overlaps the area of other households, is there any restriction on conditions, is it dependent on the contract of the previous buyer…
Check valid or invalid housing documents when participating in transactions
• For privately owned houses, is there a certificate from the old regime government?
• For houses built by one party or by the parties themselves, it is necessary to find out if construction permits are obtained when conducting construction. Is there a title to this land or house? Besides, other documents are also very valuable to prove who built the house: Invoice for purchase of raw materials, receipt of payment for construction wages, construction contract, .. .
• For houses owned by the State or by agencies or organizations, it is necessary to find out who is legally entitled to use the house (house distribution decision, house assignment decision, application for housing, etc.), have a certificate of home ownership; Does the transfer of house ownership have any proof?
Check information related to investors, landlords
Buyers need to find out very carefully the information related to the investor, the homeowner.
– For project investors:
• Check the necessary information about the project such as permits, investment/business certificates, detailed planning/maps/drawings, etc. Ask the investor to present documents on land use rights. , project dossiers, construction drawing designs approved by competent authorities, construction permits, papers on acceptance of the completion of corresponding technical infrastructure construction according to the project schedule.
• In the case of an apartment building or a mixed-use building intended to be built in the future, there must be a record of acceptance and completion of the foundation of that building. Consider signing the implementation of the investor’s financial obligations to the State such as the payment of land use fees and taxes related to the project…
• In particular, buyers need to learn the investor’s skills (brand, history, financial potential, …) through the implementation of successful projects, the investor’s capacity (through the implementation of successful projects). projects under construction).
– For the homeowner: Find out the identity of the landlord to see if he is in debt or has a lawsuit or dispute? Request the homeowner to present documents on land use rights, documents proving that they are the house owner or their representative according to the provisions of civil law.
Carefully review the sales contract
The sale and purchase contract is considered the most important legal basis to bind the rights and obligations of the parties when conducting the purchase and sale of houses and apartments. Before entering into a contract, the buyer must carefully consider the terms, especially those on the rights and obligations of the buyer and seller, the terms of payment, the time limit for handing over the apartment, the point of ownership transfer and the time limit for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets; penalties for violations mentioned in the contract…
In contracts, it is often very closely tied to the customer’s payment obligation according to the project progress, but the investor’s obligation to hand over the apartment is very general. Therefore, buyers need to agree specifically on the expected time to deliver the house, the specific time to deliver the house, and the sanctions for violations. If the investor does not complete, people need to request the liquidation of the contract.
• The purchase and sale contract must be in the correct name with the investor/seller.
• If it is a capital contribution contract, people need to check the construction progress of the project, if paying in stages, the construction volume must correspond to
• Strictly complying with regulations on land transfer, minimizing the transfer and sale agreements that the parties hand-sign together if it is not necessary or legally unsafe.
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Contact LSX
Finally, hope this article is useful for you to answer the question about “How to buy a safe house under Vietnam law?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Regulations on deposit to buy a house under Vietnam law
- Build a house on land with green tree planning in Vietnam
- Can a house be built beyond the residential area in Vietnam?
Frequently asked questions
Article 117 of the 2014 Housing Law stipulates: “Housing transactions include forms of housing purchase, sale, lease, lease purchase, transfer of commercial housing purchase and sale contracts, donation, exchange or inheritance. , mortgage, contribute capital, lend, stay and authorize housing management.”
The following housing transactions are not required to have a Certificate:
Buying, selling and mortgage of houses to be formed in the future;
Organize the donation to houses of gratitude and charity houses;
Purchase, sale, lease-purchase of state-owned housing; purchase, sale, lease purchase of social housing, housing for resettlement not under state ownership; selling houses specified in Clause 4, Article 62 of this Law;
Leasing, lending, letting over, authorizing housing management;
Receive inheritance of housing;
Transfer of contract of purchase and sale of commercial housing built in a housing construction investment project, including the case where the house has been handed over from the investor but has not yet submitted an application to the state agency for approval. authority to issue the Certificate for that house.
Land users may exercise the rights to convert, transfer, lease, inherit, donate, mortgage, etc., when the following conditions are met:
Having a certificate of land use right;
Undisputed land;
The land use right is not distrained to secure judgment enforcement;
During the land use period.
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