ANTD: Law on Housing stipulates that the organizations, individuals are entitled to enter into transaction of sale purchase, donation, exchange, inheritance, pledge, authorization…when having the Certificate of House ownership. However, issuing “Red Book” for the apartment is regulated by the conflicted regulations.
Lawyer Nguyen Tien Hoa, S&B Law Limited Liability Company supposed that Article 63, Decree 71/2010/ND-CP allows notary for authorization agreement
when completing building the house.
This authorization is applicable for house, apartment, not for flooring land of the project. Thus, the notary office gets into trouble when doing the procedure for real estate sale purchase.
Accordingly, there is no uniform for the application of Circular 16 and Law on Housing. Point a, Section 1, Article 91, Law on Housing stipulates that the organizations, individuals are entitled to enter into transaction of sale purchase, donation, exchange, inheritance, pledge, authorization…when having the Certificate of House ownership, that means transferring ownership of the house is under the “Red Book”. However, in accordance with Section 1, Article 20, Circular 16, future house sale contract without “Red Book” is still available to transfer ownership.
Click here for more details:
http://www.anninhthudo.vn/Ban-doc/Kho-vi-quy-dinh-chong-cheo-mau-thuan/413868.antd?
keyword=lu%E1%BA%ADt%20s%C6%B0%20nguy%E1%BB%85n%20ti%E1%BA%BFn%20h%C3%B2a
