Can a house that only has a construction permit be transferred?
Can I transfer with just a construction permit?
Clause 1, Article 118 of the Law on Housing 2014 stipulates that for transactions on buying and selling, lease-purchasing, donating, exchanging, mortgaging, and contributing capital with housing, the housing must meet the following conditions:
a) There is the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;
b) There is no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;
c) The house is not distrained;
d) There is no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.
The following transactions in housing are not required the Certificate:
a) Transactions in off-the-plan housing sale or mortgage;
b) Transactions in house of gratitude gifting;
c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;
d) Transactions in housing lease, lending, permission for stay, management authorization;
dd) Transactions in housing inheritance;
e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.
So, housing with a construction permit means that the housing has been built and is not eligible for transfer (buying, selling, or donating), except in cases of inheritance.