Citizens send questions to the Ministry of Agriculture and Environment with the content: I own an apartment purchased in the form of secondary transfer from the previous owner. At the time of transaction, the apartment does not have a completion drawing. I want to ask: 1. Is the completion drawing considered a mandatory legal document related to this apartment? 2. Does the lack of a completion drawing affect the legality or ability to carry out apartment transfer transactions in the future? 3. Is the completion drawing in the apartment transfer dossier a mandatory document to be provided to the buyer later according to legal regulations?
The Ministry of Agriculture and Environment has the following opinions:
Because the content of the question is not clear whether the apartment has been granted a Certificate or not, the Ministry of Agriculture and Environment does not have a basis to answer specifically. The Ministry states some principles as follows:
In case the apartment has been granted a Certificate, when transferring the apartment, the transferee is granted a Certificate of land use rights, ownership of assets attached to land as prescribed in point d, clause 1, Article 148 of the Land Law when there are purchase and sale documents that have been certified by a notary or certified by a competent People's Committee according to the provisions of law and there is no dispute without mandatory completion drawings.
Dossiers, procedures, and authority to issue Certificates of land use rights and ownership of assets attached to land shall be implemented according to the regulations of the Provincial People's Committee where the land is located according to the provisions of Article 14, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government.
In case the apartment has not been granted a Certificate, the conditions for housing transactions, transactions for transferring house purchase and sale contracts (in which the condition is whether there must be a completion drawing or not) are implemented according to the provisions of the law on housing and the law on real estate business. Regarding this content, it is requested that citizens send reflections and recommendations to the Ministry of Construction for guidance according to the functions and tasks assigned by the Government.
The Ministry of Agriculture and Environment informs citizens to know and contact competent authorities for implementation.
