According to Article 184 Law on Housing 2023 – Conditions for Mortgage of Housing Construction Investment Projects and Mortgage of Future Housing
1. Conditions for mortgaging part or the whole of a housing construction investment project, or mortgaging housing to be formed in the future, are as follows:
a) In case the investor of a housing construction investment project mortgages part or the whole of the project, the project dossier, the approved technical design of the project, and the Certificate of land use rights or a decision on land allocation or land lease issued by a competent state authority must be available;
b) In case the investor of a housing construction investment project mortgages housing to be formed in the future within the project, in addition to the conditions specified at Point a of this Clause, the mortgaged housing must have completed foundation construction in accordance with the law on construction, and must not belong to the portion of the project or the entire project already mortgaged by the investor under Point a of this Clause, unless it has been released from mortgage;
c) In case an organization or individual mortgages housing to be formed in the future on their lawful residential land, documents proving land use rights as prescribed by the law on land, and a construction permit if required by law, must be available.
In case an organization or individual mortgages housing to be formed in the future purchased from the investor of a housing construction investment project, there must be a housing purchase and sale contract signed with the project investor; in case of assignment of the housing purchase and sale contract, a written assignment must be available; proof of payment for the housing to the project investor in accordance with the agreed schedule in the contract must also be available; and the purchase and sale contract or the assignment thereof must not be subject to disputes, complaints, or lawsuits under the law on settlement of disputes, complaints, and denunciations.
2. The conditions for mortgaging part or the whole of a housing construction investment project and mortgaging housing to be formed in the future must comply with this Law; where the mortgage of part or the whole of a housing construction investment project or housing to be formed in the future is inconsistent with this Law, it shall be invalid.
