Procedure for Notifying Future Housing as Eligible for Business

Procedure for Notifying Future Housing as Eligible for Business is a mandatory legal step that project investors must complete before signing sales or lease-purchase contracts. Complying with this process establishes the legal business right for real estate products. The following article by Long Phan Consulting Company will analyze in detail the legal basis, dossier, and sequence for implementing this procedure.

Request for procedure for notifying future housing as eligible for business

Based on Clause 1, Article 8 of Decree 96/2024/ND-CP, the notification document must be sent before the time of signing the contract to control risks for customers and ensure market transparency. The business of future housing is strictly regulated by sales conditions. Specifically:

• The investor must ensure the project has completed technical infrastructure construction corresponding to the progress recorded in the approved investment project.
• For apartment buildings or mixed-use buildings with residential functions, a mandatory condition is to have an acceptance minute for the completion of the foundation construction.
• These requirements aim to prevent illegal capital mobilization when the project lacks minimum physical conditions.

Besides construction conditions, the mortgage status of the project is also a crucial factor. According to Clause 3, Article 8 of Decree 96/2024/ND-CP, if the investor has mortgaged the housing or project, determining that the housing has been released from mortgage must follow Clause 2, Article 183 of the Law on Housing 2023. This means the investor must prove full ownership or have the mortgagee’s consent regarding the sale or lease-purchase of the housing.

>>> See more: Conditions for mortgage of housing construction investment projects and future-formed housing

The competent authority receives and processes the application

According to Clause 1, Article 26 of Decree 144/2025/ND-CP, the responsibility for state management of real estate business at the provincial level is assigned to the Department of Construction. The Department of Construction in the province or centrally-governed city where the project is located will perform the function of checking the legality of the dossier as prescribed in Article 8 of Decree 96/2024/ND-CP.

Specifically, the authority to handle this procedure involves the coordinated participation of the Ministry of National Defense and the Ministry of Public Security in cases involving foreign elements. According to Article 2 of Decree 54/2026/ND-CP (amending and supplementing Article 8 of Decree 96/2024/ND-CP), if the investor wishes to sell or lease-purchase housing to foreign organizations or individuals in a project that has not yet received opinions on national security and defense, the Department of Construction must carry out the procedure to obtain opinions from these two Ministries.

Documents required for procedure for notifying future housing as eligible for business

According to Clause 2, Article 8 of Decree 96/2024/ND-CP, the investor needs to prepare 01 dossier set including copies (presenting originals for comparison), legally valid electronic copies, or valid certified copies.

Specific dossier components for procedure for notifying future housing as eligible for business include:

• Notification document from the investor sent to the Department of Construction (according to the form in Appendix XV of Decree 96/2024/ND-CP).
• Documents on land use rights, project dossier, approved construction drawing design, and construction permit as prescribed in Clause 2 and Points a, b, Clause 3, Article 24 of the Law on Real Estate Business 2023.
• Acceptance minute for the completion of the project’s technical infrastructure construction corresponding to the schedule.
• Acceptance minute for the completion of foundation construction (for apartment buildings and mixed-use buildings).

The group of technical and current status documents serves to confirm the actual condition of the work. The acceptance minutes must be prepared in accordance with the provisions of construction law.

>>> See more: Documents informing that future housing is eligible for purchase and sale

The procedure for notifying future housing as eligible for business

The procedure for notifying future housing as eligible for business is strictly established in terms of time and responsibilities of involved parties according to Clause 4, Article 8 of Decree 96/2024/ND-CP:

Step 1: Submit the notification dossier The investor sends the notification document along with the valid dossier to the Department of Construction in the province/municipality where the project is located.

Step 2: Receive and check the dossier Within 15 days from the date of receiving the complete dossier, the Department of Construction is responsible for checking the conditions of the housing put into business.

Step 3: Seek opinions from relevant agencies (Only applicable for projects selling to foreigners without prior security-defense opinions)

• The Department of Construction sends a document to seek opinions from the Ministry of National Defense and the Ministry of Public Security under Article 2 of Decree 54/2026/ND-CP.
• These two Ministries must reply within 07 days of receiving the document.
• The results of the Ministries’ opinions will be integrated into the Department of Construction’s notification of eligibility to sell.

Step 4: Issue the notification document The Department of Construction issues a written reply to the investor stating that the housing is eligible to be sold or lease-purchased. This document must follow the form prescribed in Appendix XVI of Decree 96/2024/ND-CP and be publicly posted on the housing and real estate market information portal.

>>> See more: What Regulations Must Be Met to Trade Future-Formed Housing?

Long Phan Consulting Company provides consulting services on procedure for notifying future housing as eligible for business

Long Phan Consulting Company provides comprehensive solutions to support investors in executing the procedure for notifying future housing as eligible for business accurately and efficiently. With a team of experts deeply knowledgeable about real estate laws, we commit to accompanying clients from the dossier review stage until receiving the approval document. We structure our support into the following key areas:

• Conduct a detailed legal assessment of the project, and provide advice on rectifying deficiencies in the infrastructure and foundation acceptance documents;
• Assisting in preparing explanatory documents for projects with foreign elements that require input from the Ministry of National Defence and the Ministry of Public Security;
• Drafting documents, submitting applications on behalf of clients, and monitoring the processing progress at the Department of Construction;
• Provide advice on handling any issues arising related to the release of collateral before issuing the notice.

>>> See more: Bank guarantee regulations for future housing

Frequently Asked Questions about the procedure for notifying future housing as eligible for business

Below are questions related to the procedure for notifying future housing as eligible for business operations:

Can the developer modify the terms of sales to foreigners after prior notification?

Permitted. In cases where a housing construction investment project has not yet obtained the opinions of the Ministry of National Defense and the Ministry of Public Security as required by housing law when approving the investment policy, and the investor wishes to sell or lease-purchase housing to foreign organizations or individuals in accordance with housing law, this must be clearly stated in the application for sale or lease-purchase of future housing as a basis for the Department of Construction to obtain the opinions of the Ministry of National Defense and the Ministry of Public Security.

The Ministry of National Defence and the Ministry of Public Security are responsible for responding within 7 days of receiving the document from the Department of Construction. The document from the Department of Construction notifying that future housing projects are eligible for sale or lease-purchase must clearly state the results according to the opinions of the Ministry of National Defence and the Ministry of Public Security.

In cases where, after receiving written notification that the future housing project is eligible for sale or lease-purchase, the investor wishes to sell the housing to foreign organizations or individuals, they must send a written request to the Department of Construction to amend or supplement this content in the notification document.

(Legal basis: Article 2 of Decree 54/2026/ND-CP).

Can a project that is currently mortgaged to a bank be notified that it is eligible for sale?

Projects that are mortgaged still undergo the notification procedure, but the developer is required to release the mortgage or obtain written consent from the mortgagee (bank) allowing the sale or lease-purchase of the housing units before signing capital mobilization contracts with customers.

(Legal basis: Clause 3, Article 8 of Decree 96/2024/ND-CP; Clause 2, Article 183 of the Housing Law 2023).

What are the required formats for photocopies of documents in a file?

The law provides flexibility regarding the form of certified copies to facilitate businesses. The required documents may include: a copy presented alongside the original for direct verification by the receiving officer, a legally valid electronic copy, or a duly certified copy.

(Legal basis: Clause 2, Article 8 of Decree 96/2024/ND-CP).

Is information about eligible homes for sale made public?

Yes. This is a mandatory responsibility of the state management agency. The Department of Construction must publicly post the response regarding whether housing is eligible for sale or lease on the Housing and Real Estate Market Information Portal so that citizens and businesses can access it.

(Legal basis: Clause 4, Article 8 of Decree 96/2024/ND-CP).

>>> See more: Mandatory Disclosure of Guarantee Agreements for Future Housing

What format should the developer’s notification document follow?

The investor’s notification document must not be drafted arbitrarily but must ensure that it contains all the contents as prescribed in Appendix XV issued with Decree 96/2024/ND-CP. Using the correct form ensures the validity of the application and expedites the appraisal process.

(Legal basis: Clause 1, Article 8 of Decree 96/2024/ND-CP).

Conclusion

Correctly implementing the procedure for notifying future housing as eligible for business is a key requirement to ensure the legality of real estate transactions. Thorough dossier preparation and compliance with statutory sequences will help enterprises avoid dispute risks.

For in-depth support and to accelerate the implementation progress, please contact Long Phan Consulting Company via Hotline 1900636389.