Sample project partial transfer contract in 2024

Project partial transfer contract is an important legal document in real estate transactions. This document details the transfer of rights and obligations related to a part of the project from the transferor to the transferee. The article will analyze in detail the sample transfer contract for a part of the project in 2024 according to the latest regulations.

Characteristics of a partial project transfer contract

A project partial transfer contract is a specific type of contract in the real estate sector. This document regulates the transfer of ownership and use of part of the project from the transferor to the transferee. Outstanding features of this type of contract are its complexity and large transaction value.

Article 39 of the Law on Real Estate Business 2023 clearly defines the principles for transferring all or part of a real estate project:

• The investor of a real estate project may transfer a part of the project to another investor to continue investing in construction and business while the project is within its implementation period and approved by a competent state agency.
• When transferring part of a real estate project, it must be ensured that the planning and objectives of the project do not change; ensure the legitimate rights and interests of relevant parties.
• After completing the transfer of part of the real estate project, the transferee inherits the rights and obligations of the transferring investor and is the investor of the project and the transferred project part. . The investor who receives a portion of a real estate project does not have to redo the project documents, construction planning and construction permit of the project if there are no changes in the project’s content; In case there are changes, the investor receiving the transfer shall make adjustments according to the provisions of law.
• The transfer of part of a real estate project must meet the conditions specified in Article 40 of the Law on Real Estate Business 2023 and comply with regulations on form, purpose, land use term, and land registration. according to the provisions of land law.

Main content of project partial transfer contract

The sample project partial transfer contract is the sample in Appendix X issued with Decree 96/2024/ND-CP.

See more: Sample project transfer contract

Accordingly, this contract is an important legal basis for transactions between the transferor (current investor) and the transferee (new investor). The object of the contract is part of a real estate project that has been licensed for investment.

Main contents of the contract include:

• Detailed information about the transferred project part;
• Transfer value;
• Payment method;
• Rights and obligations of the parties.

The contract also clearly stipulates the project implementation schedule, commitment to information security and agreements

Important notes when drafting a project partial transfer contract

Ensuring the legality of project assets

When drafting a project partial transfer contract, the first and most important thing is to ensure the legality of the project assets. The transferor must prove legal ownership of the transferred project portion. This includes providing full legal documents such as:

• Certificate of land use rights;
• Construction permit;
• Project approval decisions from competent authorities.

In addition, it is necessary to clearly verify the legal status of the project portion, including checking whether there are any disputes, claims or third-party rights to the property. The contract needs to have a commitment from the transferor about the legality and lack of disputes of the transferred project part.

At the same time, it is necessary to ensure that the transfer of part of the project complies with current legal regulations on investment, real estate business and construction. This includes obtaining permission from the competent authority (if necessary) and properly implementing relevant administrative procedures.

Clearly define the scope of transfer

Accurately determining the scope of transfer is an important factor to avoid future disputes. The contract needs to describe in detail the portion of the project being transferred, including:

• Location, area, boundaries of the transferred project part.
• Construction items (if any) and current status.
• Land use rights and accompanying benefits.
• Related technical infrastructure and public utilities.

In addition, it is necessary to clarify the rights and obligations transferred along with the project part, including ongoing contracts, debts or financial obligations related to the transferred project part.

The contract also needs to clearly stipulate the handover of records and documents related to the transferred project, including design drawings, licenses, approval decisions and other technical documents.

Detailed regulations on cooperation and investment agreements

In case of partial project transfer, there will often be cooperation and investment agreements between the transferor and the transferee to ensure the synchronous development of the entire project. The contract needs to detail:

• Collaborative approach to project development and management.
• Divide responsibilities and benefits between parties during project implementation.
• Coordination mechanism in the construction, management and exploitation of common infrastructure works.
• Regulations on brand use and project positioning.

In addition, there should be provisions on the transferee’s investment commitment, including investment plan, implementation schedule and project development targets. This helps ensure that transferring part of the project does not affect the overall progress and quality of the project.

Consulting on drafting standard project partial transfer contract

Drafting a project partial transfer contract is a job that requires in-depth knowledge of real estate law and practical experience. To ensure the contract is drafted properly and protects the rights of the parties, seeking advice from legal experts is essential.

At Long Phan, a team of experts will support customers in transferring part of the project in:

• Review the legality of the project and the transfer project.
• Draft contract terms in accordance with legal regulations and transaction characteristics.
• Consulting on potential legal risks and preventive measures.
• Support during negotiations and negotiations between parties.
• Handle financial and tax obligations related to transfer transactions.
• Ensure compliance with planning and land use regulations.
• Determine a solution in case of a dispute or breach of contract.

With the support of legal experts, the parties involved in the transaction can rest assured that the partial project transfer contract is drafted professionally, completely and best protects their rights.

A project partial transfer contract is a complex legal document, requiring great care and expertise in the drafting process. Compliance with legal regulations, clearly defining the scope of transfer and detailed regulations on investment cooperation agreements are key factors to ensure a successful transaction. Customers who need in-depth advice on drafting a project transfer contract, please contact us via hotline 0906735386 for the best support.