Conditions for Housing to Participate in Transactions – Article 160 of the Housing Law 2023:
1. For transactions of purchase, hire-purchase, donation, exchange, mortgage, or capital contribution with housing, the house must satisfy the following conditions:
a) Possess a Certificate of ownership in accordance with the law, except for cases specified in Clause 2 of this Article;
b) Not be subject to disputes, complaints, or lawsuits concerning ownership rights in accordance with laws on dispute resolution, complaints, and denunciations;
c) Be within the period of ownership in cases where housing ownership is limited by term;
d) Not be subject to distraint for enforcement of a judgment or for implementation of an administrative decision that has legal effect, or not be subject to the application of temporary emergency measures or preventive measures under decisions of the Court or a competent state authority;
dd) Not be subject to a land recovery decision, clearance notice, or demolition order issued by a competent authority;
e) The conditions specified at Points b and c of this Clause do not apply to transactions involving housing to be formed in the future.
2. For the following housing transactions, the housing is not required to possess a Certificate:
a) Purchase, hire-purchase, or mortgage of housing to be formed in the future; sale of housing in cases of dissolution or bankruptcy;
b) Organizations donating houses of gratitude, charity houses, or houses of great unity;
c) Purchase or hire-purchase of available housing from project developers in the following cases: housing classified as public property; social housing, housing for the armed forces, resettlement housing not classified as public property;
d) Lease, lending, lending for accommodation, or authorization for housing management;
dd) Inheritance of housing.
Documents proving the conditions for housing to participate in transactions under this Clause shall comply with regulations of the Government.
This Clause is guided by Clauses 4 to 8, Article 8 of Decree No. 95/2024/ND-CP, effective from August 1, 2024.
[Article 8. Documents proving conditions for housing to participate in transactions when there is no Certificate of ownership
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4. For donation transactions of houses of gratitude, charity houses, or houses of great unity, the donating organization must have documents proving the construction of the house for donation purposes.
5. For mortgage transactions of housing to be formed in the future by the project developer, documents must be provided proving the eligibility for mortgage as stipulated in Point a, Clause 1, Article 184 of the Housing Law; documents proving completion of the house foundation in accordance with construction law; and documents proving that the mortgaged house is not part of or the entirety of a project already mortgaged by the developer, or documents proving release from such mortgage if applicable.
In cases where organizations or individuals mortgage future housing they purchased, documents specified in Point c, Clause 1, Article 184 of the Housing Law must be provided.
6. For transactions of lease, lending, lending for accommodation, or authorization of housing management (except for lease of housing classified as public property under Point d, Clause 1, Article 13 of the Housing Law), the lessor, lender, or authorizing party must have a housing purchase or hire-purchase contract signed with the project developer if the housing was purchased or hire-purchased from the developer. In cases of transferred purchase contracts, an additional housing purchase contract transfer document must be provided, prepared in accordance with real estate business laws.
For self-invested and constructed housing, a construction permit (if required) or documents proving ownership of the house in accordance with civil law and land law must be provided.
7. For inheritance of housing, the following documents must be provided:
a) If the inherited housing falls under donation, documents proving ownership of the housing of the donor;
b) If the inherited housing falls under purchase or hire-purchase, a lawful housing purchase or hire-purchase contract together with documents proving housing ownership or proof of investment in construction of the housing by the seller or lessor;
c) If the inherited housing falls under newly constructed housing, a construction permit (where required) and documents proving land use rights under land law of the decedent;
d) If the inherited housing is determined by the People’s Court, a legally effective judgment or decision of the Court;
dd) Other documents proving inheritance rights under inheritance law.
8. For transactions involving the sale of housing owned by a dissolved or bankrupt organization, a resolution or decision on dissolution of the organization or an official notice of dissolution issued by a competent authority must be provided. In cases of bankruptcy, a legally effective Court decision declaring bankruptcy of the organization owning the housing must be provided.]
9. In cases where housing is leased, in addition to the conditions specified at Points c, d, and dd, Clause 1 of this Article, the housing must also ensure quality and safety for the tenant, be equipped with adequate electricity, water supply, drainage systems, and meet environmental sanitation standards, unless otherwise agreed upon by the parties.
