Regulations on the Transfer of Housing Sales Contracts According to Law

The Regulations on the Transfer of Housing Sales Contracts According to Law is a common activity in transactions involving future-formed real estate in Vietnam. This process allows the buyer to transfer rights and obligations to a third party before the state agency issues the Certificate (Pink Book). Long Phan Consulting Company details the current legal regulations below.

Conditions and rules for transferring a house purchase contract as stipulated by law.

Based on Clause 1, Article 50 of the Law on Real Estate Business 2023, the transfer must ensure:

1. Status: The dossier requesting the Certificate (LURC/Pink Book) has not yet been submitted to the competent state agency.
2. No Dispute: The contract is not under dispute notified/accepted/settled by competent authorities (or disputes have been settled by effective judgments).
3. No Distraint/Mortgage: The property is not under distraint or mortgage (unless the mortgagee agrees).
4. Valid Contract: There is a sales/hire-purchase contract established under real estate business laws.

Based on Clause 2, Article 50 of the Law on Real Estate Business 2023, the rules are:

• The transfer applies to the entire contract.
• If transferring specific units within a multi-unit contract, parties must amend the original contract or sign an annex before transferring.

Documents for transferring a house purchase and sale contract as required by law.

According to Article 13 of Decree 96/2024/ND-CP, the dossier includes:

1. Transfer Contract: 08 copies made according to the form in Appendix XI.
2. Notarization Dossier:
   • Originals of the transfer contract.
   • Original of the initial contract signed with the investor (or annex for partial transfers).
   • Proof of payment to the investor (receipts, payment orders).
   • Original/certified copy of the handover minutes (if any).
3. Tax Documents: Proof of tax payment or exemption.
4. Prior Transfers: Full dossiers of previous transfers (for 2nd transfer onwards).
5. Other Documents: Per notarization laws.

Procedures for transferring a house purchase contract according to the law.

According to Article 13 of Decree 96/2024/ND-CP:

Step 1: Drafting the Contract Parties draft the Transfer Contract (Appendix XI) in 08 copies.

Step 2: Investor’s Confirmation (Optional but recommended) Submit to the investor to confirm eligibility for transfer.

Step 3: Notarization Parties notarize the contract at a Notary Office in the province where the property is located.

• Note: Notarization is not mandatory if the transferor is a real estate business enterprise.

Step 4: Tax Payment Parties pay taxes, fees, and charges related to the transfer.

Step 5: Confirmation by Investor Submit the dossier to the investor. Within 05 working days, the investor checks and confirms on the contract.

• Note: The investor cannot charge any fees.
• The investor keeps 02 copies and returns 06 copies.

Step 6: Implementation The transferee inherits rights and obligations.

Step 7: Issuance of Certificate The final transferee will be granted the Certificate by the state agency.

Rights and obligations of the parties involved in the transfer of a house purchase contract.

Based on Article 51 of the Law on Real Estate Business 2023:

• Buyer/Hire-Purchaser: Has the right to transfer the contract when the Certificate application has not been submitted.
• Transferee: Inherits rights and obligations to continue performing the contract with the investor.
• Investor: Must facilitate the transfer and cannot collect fees.
• Certificate: The final transferee is granted the Certificate (Pink Book).

Things to note when transferring a house purchase contract.

Check Clauses: Review transfer clauses in the original contract to avoid restrictions.

Notarization: Ensure proper notarization for legal validity.

Financial Obligations: Pay PIT and fees fully.

Keep Records: Retain all documents for legal basis.

Verify Progress: Check project progress and investor capacity.

>>> See more at: What Conditions Must Be Met to Transfer Housing Sales Contracts?

Long Phan Consulting provides real estate contract transfer consulting services.

Long Phan Consulting Company provides professional support:

• Consulting: Advising on conditions, procedures, and dossiers.
• Drafting: Drafting/reviewing transfer contracts to protect Client rights.
• Representation: Working with investors and notary offices.
• Tax Advisory: Advising on financial obligations.

Frequently Asked Questions about the legally mandated procedure for transferring a house purchase contract.

Below are some frequently asked questions regarding the legally mandated procedure for transferring a house purchase contract. Please refer to them:

Which contracts can be transferred?

Contracts for:

1. Purchase/Sale of future-formed housing.
2. Hire-purchase of future-formed housing.
3. Hire-purchase of existing construction works. (Legal Basis: Clause 1, Article 49, Law on Real Estate Business 2023).

How is the transaction price determined?

Agreed upon by parties and stated in the contract. Parties must record the actual transaction price and are liable for discrepancies. (Legal Basis: Article 47, Law on Real Estate Business 2023).

Can content be added to the transfer contract?

Yes, provided it does not violate laws/social ethics and does not change the core contents of the model contract (if applicable). (Legal Basis: Clause 3, Article 12, Decree 96/2024/ND-CP).

Conclusion

The procedure for Transfer of Housing Sales Contracts According to Law requires solid legal knowledge. To ensure rights and avoid risks, please contact Long Phan Consulting Company via Hotline 1900636389 for the best support.