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Is it possible to transfer a house with only a construction permit?

14/06/2022

The fact that the land has a Red Book, a Pink Book, but the house does not have a book, so only the land is eligible when transferring the name. Therefore, many people encounter problems such as whether to transfer the name of a house with only a construction permit?

Clause 1, Article 118 of the Law on Housing 2014 stipulates that for transactions on purchase, sale, lease-purchase, donation, exchange, mortgage or capital contribution, a house must fully meet the following conditions:

(1) Having a Certificate (Pink Book, Red Book), except for the case specified in Clause 2, Article 118 of the Law on Housing 2014.

(2) Not being subject to a dispute, complaint or lawsuit about ownership; are in the term of house ownership in the case of house ownership with a definite term.

(3) Not being distrained for judgment enforcement or not to be distrained to comply with legally effective administrative decisions of competent state agencies.

(4) Not haveing a decision on land recovery, a notice of house clearance or demolition issued by a competent authority.

Note: Conditions (2) and (3) do not apply to the case of buying, selling, or renting-purchase houses formed in the future.

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Clause 2 of this Article stipulates that for the following housing transactions, the house is not required to have a Red Book or Pink Book:

- Buy, sell, mortgage future house

- Organize the donation to gratitude houses and charity houses.

- Purchase, sale, lease-purchase of state-owned housing; purchase, sale, lease-purchase of social housing, housing for resettlement not under state ownership; sell social housing to the social housing management unit in accordance with Clause 4, Article 62 of the Law on Housing 2014

- Lease, lend, stay, authorize housing management.

- Inherit a house.

- Transfer of contract of purchase and sale of commercial housing built in a housing construction investment project, including the case where the house has been handed over from the investor but has not yet submitted an application to the state agency for approval. authority to issue Certificate for that house.

A house with a construction permit means that a house that has been built is not eligible to be transferred (purchased, sold, donated), except in the case of inheritance.