The world is in a period of integration and Vietnam is chosen by many countries for cooperation, investment and development. It is not difficult to see images of foreigners on the streets of Vietnam and living and working areas dedicated to them. From travel to the intention to live and work in Vietnam, choosing a house for long-term attachment is worth considering. So, is it possible to transfer the sale and purchase contract to a foreigner? Find out with Lawyer X through the article below!
Legal grounds
- Decree 99/2015/ND-CP guiding the 2014 housing law.
What is a foreigner?
Pursuant to Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 stipulates: “Foreigner means a person who carries a document identifying foreign nationality and a stateless person enters, exit, transit or reside in Vietnam”.
In addition, according to Clause 1, Article 159 of the Law on Housing 2014, the subjects eligible to own houses in Vietnam include:
Foreign organizations and individuals investing in housing construction under projects in Vietnam in accordance with this Law and relevant laws;
Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam (hereinafter collectively referred to as foreign organizations) );
Foreign individuals are allowed to enter Vietnam.
In addition, the form of house ownership must satisfy the following:
Investment in housing construction under projects in Vietnam in accordance with this Law and relevant laws;
Buy, rent-purchase, receive as a gift or inherit commercial housing including apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security as prescribed. government.
Transfer of sales contract
According to Clause 6, Article 3 of Decree 02/2022/ND-CP stipulates: “A transfer of a contract of sale, purchase or lease purchase of a house or construction work means the transfer of all rights, responsibilities, and obligations by the purchaser or hire-purchaser services under contracts for purchase and sale or lease-purchase of houses or construction works for other organizations or individuals through a contract assignment document made in accordance with this Decree.
Transfer of purchase and sale contracts to foreigners
The Law on Housing 2014 deals with foreign individuals or organizations having the right to own houses in Vietnam for commercial houses. Circular 19/2016/TT-BXD guiding Law 65/2014/QH13 on housing, specifically stipulated in Article 32, on conditions for the transfer of commercial housing purchase and sale contracts are:
Organizations and individuals that buy houses from investors in commercial housing construction projects that have not yet received the house handover or have received the house handover have the right to transfer the house purchase and sale contract to another organization or individual. when the application file for the Certificate has not been submitted to the competent state agency.
Organizations and individuals that receive the transfer of a commercial house purchase and sale contract have the right to transfer this contract to another organization or individual when the application for a Certificate has not yet been submitted to a competent state agency. .
For the transfer of a house purchase and sale contract, the contract must be transferred according to each individual house or each apartment. In case the purchase and sale contract with the investor has many houses (apartments, separate houses), the total number of houses in that contract must be transferred; If the transferor wishes to transfer one or several houses out of the total number of houses purchased by the investor, the transferor must renew the house purchase and sale contract or the annex to the house purchase and sale contract with the owner. invest in transferable houses before carrying out contract transfer procedures.
The order and procedures related to the transfer of commercial housing purchase and sale contracts include:
The transferor and the transferee of the house purchase and sale contract agree to make a written transfer of the house purchase and sale contract according to the form of the transfer of a house purchase and sale contract. The contract transfer document signed by both parties is made into 06 copies: 03 copies are handed over to the investor for storage, 01 copy is submitted to the tax authority, 01 copy is kept by the transferor and 01 copy is kept by the transferee. transfer contract.
In case the contract transfer document must be notarized or authenticated, there must be 1 more copy to be kept at the notary and authenticated agency. The notarization and authentication of house purchase and sale contract transfer documents must comply with the following provisions: Contract transfer documents must be notarized or authenticated if the transferor of the house purchase and sale contract is not an enterprise. Cooperatives have the function of real estate business in accordance with the law on real estate business. In case the parties can agree on their own if the transferor of the house purchase and sale contract is an enterprise or cooperative with the function of the real estate business.
After fulfilling the obligations to pay taxes, fees, and charges for the transfer of the house purchase and sale contract according to regulations, the transferee shall submit 01 sets of documents requesting the investor to certify the transfer contract. copper.
In the case of contract assignment from the second time onwards, the same procedures must be followed as in the case of the first contract transfer.
The transferee of the last house purchase and sale contract is granted a Certificate by a competent state agency in accordance with the law on land.
Confirm the contract transfer document in case the investor cannot be identified (due to dissolution, bankruptcy, termination of operation, or other reasons as prescribed by law): If the transfer of the sale and purchase contract is If the house has been implemented before the effective date of Circular 19/2016/TT-BXD guiding Law 65/2014/QH13 on housing, but the transferred house has not yet been granted a Certificate, the transfer contract House purchase and sale must be certified by the People’s Committee of the commune where the house is located on the transfer of the contract. In case the commune-level People’s Committees do not have sufficient grounds for certification, the commune-level People’s Committees shall publicly post up a copy of the document on the transfer of the house purchase and sale contract at the headquarters of the commune-level People’s Committee or the residential group where the house is located; If there is no dispute or lawsuit within 60 days from the date of public posting of the copy of the contract transfer contract, the commune-level People’s Committee shall certify in the transfer document of the house purchase and sale contract that there is no disputes or lawsuits for the competent authority to issue the Certificate to the transferee.
The form of a written transfer of a house purchase and sale contract must fully satisfy the following requirements in accordance with Article 34 of Circular 19/2016/TT-BXD guiding Law 65/2014/QH13 on housing:
Information about the transferor and transferee, if it is an individual, write personal information; if it is an organization, write the name of the organization and its legal representative;
Number, date, year of the house purchase and sale contract with the investor;
Contract transfer price, term and payment method;
Rights and obligations of the parties;
Dispute resolution;
Other agreements.
Do you need to notarize or certify a house sale and purchase contract?
- In case of purchase, sale, donation, exchange, capital contribution, mortgage of houses, transfer of commercial housing purchase and sale contracts, the contract must be notarized or authenticated, except for the case specified in Clause 2 of this Article. this.
For the transactions specified in this Clause, the effective time of the contract is the time of contract notarization and authentication. - For the case of organizing donation to houses of gratitude or charity houses; purchase, sale, lease purchase of state-owned houses; purchase, sale, lease-purchase of social housing, housing in service of resettlement; capital contribution by housing with one side being an organization; For lease, lending, accommodation, or authorization for housing management, the contract is not required to be notarized or authenticated, unless the parties so request.
For transactions specified in this Clause, the effective time of the contract shall be agreed upon by the parties; If the parties do not agree, the effective time of the contract is the time of signing the contract. - The document of house inheritance is notarized or authenticated according to the provisions of civil law.
- The notarization of housing contracts is carried out at a notarization practice organization; The authentication of housing contracts shall be carried out at the People’s Committee of the commune where the house is located.
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Related articles:
- Procedures for renting houses for foreigners in Vietnam
- Regulations on the issuance of red books for apartment houses in Vietnam
- Procedures for selling apartments to foreigners in Vietnam
Frequently asked questions
Foreign individuals may own houses for a maximum of 50 years from the date of issuance of the Certificate; Upon the expiration of the house ownership term stated in the Certificate, if the owner wishes to extend it further, the State shall consider and extend it further.
Complaints and denunciations and settlement of complaints and denunciations related to housing development and management shall comply with the provisions of the Law on Complaints and the Law on Denunciations. When there is a decision on settlement of complaints and denunciations from a competent state agency on housing or a legally effective court judgment or decision, the relevant parties must execute the decision or that judgment.
Conclusion: So the above is Transfer of purchase and sale contracts to foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
