Find out the legality for individual housing projects in Vietnam

The first, Before wanting to buy land or a house, the buyer needs to see the original documents proving ownership of the house and land, specifically as follows:

- Certificate of land use rights (often called red book if issued before 2005) or Certificate of land use rights, ownership of houses and assets attached to land (also called pink book).

- In case of a house, other documents must be attached: notice and registration tax payment receipt, current status drawing.

- Besides, the buyer needs to see the seller's ID card to see if they are the owner or not to avoid transactions with unauthorized entities. In this case the transaction will be void.

Monday As a buyer, you should check the legal status of the real estate at a competent State agency such as: District Department of Natural Resources and Environment or land use rights registration office to know the status: whether there is a dispute. , mortgage or not? Are any projects subject to revocation or planning?...

Tuesday, regarding the form of real estate transactions/contracts: Law regulations on housing transaction contracts: Article 450 Civil Code  Regulations on the form of house purchase and sale contracts are as follows: “House purchase and sale contracts must be made in writing, notarized or authenticated, unless otherwise prescribed by law.”. Furthermore, according to the provisions of Article 93, Housing Law 2005: "Housing contracts are agreed upon by the parties and must be made in writing”.

Accordingly, buying and selling real estate using only handwritten documents is not appropriate in form and often carries many risks (especially for the buyer).

If the seller does not have documents certifying real estate ownership but the buyer still agrees and proceeds with the transaction, it is not considered an "undercover sale". However, according to the law, since 2004, when conducting transactions, it is required to have a certificate of land use rights, ownership of houses and assets attached to land. Therefore, if a dispute arises without these documents, the transaction will not be recognized by law and carries many risks.