ASK
Previously, due to the plan to live with my parents, my wife and I signed a contract with the investor to buy 02 apartments next to each other. Currently, the apartment building has not been completed, but my parents do not want to live together, so I have a need to transfer 01 apartment to another person. So what do I need to do?
ANSWER
DHP LAW will answer your questions as follows:
Since you have signed 01 contract to buy 02 apartments, you must first contact the Investor to repeat the purchase and sale contract or the annex to the house purchase and sale contract as prescribed in Clause 3, Article 32 of Circular 19. /2016/TT-BXD, specifically as follows
“The transfer of a house purchase and sale contract requires the transfer of the contract for each individual house or each apartment. In case the purchase and sale contract with the investor has many houses (apartments, separate houses), the entire number of houses in that contract must be transferred; If the transferor wishes to transfer one or several houses out of the total number of houses purchased by the investor, the transferor must renew the house purchase and sale contract or the annex to the house purchase and sale contract with the owner. invest in transferable houses before carrying out contract transfer procedures.”
The order and procedures for the transfer of the next commercial house purchase and sale contract are specified in Article 33 of Circular 29/2016/TT-BXD, specifically as follows:
First, the transferor and the transferee will agree and make a written transfer of the house purchase and sale contract
Second, the notarization and certification of the transfer document of the house purchase and sale contract:
A dossier of application for notarization or authentication includes:
+ 07 originals of transfer documents of house purchase and sale contract;
+ The original of the house purchase and sale contract signed with the investor of the commercial housing construction project;
+ A certified copy or a copy and must present the original for comparison of the following papers: identity card or citizen identification card or valid passport if you are an individual;
Thirdly, after fulfilling the obligations to pay taxes, fees and charges for the transfer of the house purchase and sale contract as prescribed, the transferee submits 01 set of documents requesting the investor to certify in writing. Contract transfer:
Dossier to request the investor’s certification includes the following documents:
+ 05 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;
+ Tax receipts for the transfer of house purchase and sale contracts;
+ Certified copies of papers: identity card or citizen identification card or valid passport if you are an individual.
The investor is responsible for confirming in the contract transfer document within a maximum of 05 working days from the date of receiving the dossier and returning to the transferee the following papers:
+ 02 transfer documents of the house purchase and sale contract certified by the investor (1 copy for the transferor and 1 copy for the transferee);
+ The original contract signed with the investor;
+ Tax receipt for the transfer of the sale and purchase contract.
For support and advice on Business, Investment, Intellectual Property, License, … in the best way, please contact us with the following information:
DHP LAW SHOP
Address : L4-09.OT06 Landmark 4 Building Vinhomes Central Park, 720A Dien Bien Phu, Ward 22, Binh Thanh District, Ho Chi Minh City
