The apartment has no red book, can it be bought and sold?

My apartment has been bought for 2 years but has not been issued with a red book. Now I want to sell it to someone else, can I? (Quang Duong)

Advisory lawyer

According to point e, clause 2, Article 118 of the Law on Housing 2014, one of the conditions for a house transaction is to have a certificate (red book) as prescribed by law, except for the case of transfer of a house sale and purchase contract. Commercial property is built in a housing construction investment project, including the case where the investor has received the house handover but has not yet submitted a dossier to request a competent state agency to issue a Certificate to the investor. with housing there.

Thus, with the above provisions, if you have not submitted an application for a red book, you can transfer the apartment (in legal terms, a house purchase and sale contract) to another person.

According to the provisions of Article 33 of Circular 19/2016/TT-BXD of the Ministry of Construction (amended and supplemented), the transfer procedure is carried out as follows:

The transferor (seller) and transferee (buyer) contact a notary public in the locality where the house is located to request certification of the transfer document of the house purchase and sale contract.

The application for notarization includes the following documents:

– 7 original copies of the transfer contract of the house purchase and sale (03 copies to be handed over to the investor for retention, 1 copy to be submitted to the tax authority, 1 copy kept by the seller, 1 copy by the buyer, 1 copy by the agency). notary records). Normally, this document will be drafted by the notary;

– The original of the house purchase and sale contract signed with the investor of the commercial housing construction project; In case of transfer from the second time onwards, the original copy of the transfer contract must be enclosed with the previous transfer contract;

– A certified copy or a copy (photocopy) and must present the original for comparison of the following papers: Identity card or citizen identification card or valid passport;

– Other papers as prescribed by the law on notarization and authentication. Notarization practice organizations and authentication agencies shall notarize and authenticate the contract assignment documents within the time limit prescribed by the law on notarization and authentication.

After the transfer document is notarized, The parties fulfill the obligations to pay taxes, fees and charges as prescribed, the buyer submits 1 set of documents requesting the investor to confirm in the contract transfer document. Dossier to request the investor’s certification includes the following documents:

– 5 original copies of the transfer contract of the house sale and purchase, including 01 copy of the transferor;

– The original of the house purchase and sale contract signed with the investor of the commercial housing construction project; In case of transfer from the second time onwards, the original copy of the transfer contract must be enclosed with the previous transfer contract; in case the house has been handed over, there must be a certified true copy of the house handover record;

– Tax receipts for the transfer of house purchase and sale contracts or papers proving tax exemption in accordance with tax laws;

– A certified copy or a copy and must present the original for comparison of the buyer’s documents: Identity card or citizen identification card or passport or equivalent document;

Responsible Investor confirm in the contract transfer document within a maximum of 5 working days from the date of receipt of a complete dossier as prescribed and hand over the following documents to the applicant:

– 2 transfer documents of the house purchase and sale contract, certified by the investor, of which 1 copy is from the seller and 1 copy from the buyer;

– The original of the house purchase and sale contract signed with the investor of the commercial housing construction project; the original copy of the transfer contract of the previous transfer (for the second transfer onward); a certified copy of the house purchase and sale contract and the original of the annex to the house purchase and sale contract signed with the investor for the transferred houses (in case of transfer of one or several houses in total). housing purchased by the investor under the original contract); a certified true copy of the house handover record (in case the investor has handed over the house);

– Tax receipts for the transfer of house purchase and sale contracts or papers proving tax exemption in accordance with tax laws.

In case of contract assignment from the second time onwards, the same procedures must be followed as in the case of the first contract transfer.

After receiving the dossier from the investor, the transferee of the house purchase and sale contract should contact and submit the dossier to the competent natural resources and environment agency for consideration and issuance of a Certificate in accordance with regulations. of land law.

Lawyer Vu Tien Vinh
Bao An Law Firm, Hanoi

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