INDISPENSABLE DOCUMENTS WHEN BUYING AND SELLING APARTMENTS

Buying and selling real estate is a legal transaction involving properties of great value and contains many risks, so it must be carried out in accordance with the regulations and order of the law. So what documents do parties participating in the transaction need to prepare to ensure their own rights?

Preparing and completing the necessary documents below before proceeding with home buying and selling procedures also helps the transaction process take place quickly and conveniently as well as save time and costs for the parties.

1. Documents serving the process of notarizing the purchase contract:

According to Clause 1, Article 40 and Clause 1, Article 41 of the 2014 Notary Law, the parties need to prepare the following documents:

 ¡Seller

- Certificate of land use rights and ownership of houses and other land-attached assets;

- Identification documents: ID card or citizen identification card or passport (of both husband and wife) with expiry date;

- Documents proving marital relationship (if married) or certificate of marital status (in case of single or divorced)

- Authorization documents (if authorized to make the transfer on behalf of another person)

¡Buyer

- Identification documents: ID card or citizen identification card or passport with expiry date;

- Documents proving marital relationship (if married) or certificate of marital status (in case of single or divorced)

The notary organization will draft the contract according to the agreement of the buyer and seller.

Photo: Notarization support at VPCC Hanoi

2. Documents when declaring personal income tax and registration fees

• Documents when declaring personal income tax

Clause 4, Article 21 of Circular 92/2015/TT-BTC stipulates that tax declaration documents for income from real estate transfer include:

- Personal income tax declaration according to Form No. 03/BĐS-TNCN

- A photocopy of the Certificate of land use rights, documents proving ownership of a house or ownership of structures on land and the individual signing a commitment to take responsibility for the photocopy.

- House and land transfer contract

- Documents used as a basis for determining tax exemption status

• Documents when declaring Registration fee

According to Point a, Clause 3, Article 10 of Decree 140/2016/ND-CP amended and supplemented by Point b, Clause 4, Article 1 of Decree 20/2019/ND-CP, registration fee declaration documents include:

- Original registration fee declaration according to Form No. 01

- Valid copy of documents proving that the house and land have a legal origin according to the law (Certificate of land use rights and ownership of houses and other land-attached assets)

- Copy of transfer contract 

- Valid copies of documents proving that the property or property owner is exempt from registration fees (if any)

Note: In case of exemption from personal income tax and registration fee, you still have to declare taxes and fees.

3. Documents when registering changes

Clause 2, Article 9, Circular 24/2014/TT-BTNMT amended and supplemented by Clause 2, Article 7, Circular 33/2017/TT-BTNMT clearly stipulates the documents that must be submitted when registering land changes as follows :

- Change registration application according to Form No. 09/DK

- Notarized or authenticated land use rights transfer contract

- Original Certificate

Note: If you declare personal income tax and registration fee at the same time as registering changes, you can submit the documents together. In addition, when paying taxes and fees, keep the receipt in case it is necessary.

Above are the required documents when both parties conduct real estate purchase and sale procedures. Hope the information TSH shares is useful to you.