According to Clause 2, Article 160 of the 2023 Housing Law, the conditions for housing to participate in transactions are as follows:
* Transactions on buying, selling, renting, donating, exchanging, mortgaging, and contributing capital in housing must meet the following conditions:
- Have a Certificate as prescribed by law, except for the case specified in Clause 2, Article 160 of the 2023 Housing Law.
- Not subject to disputes, complaints, or lawsuits about ownership rights as prescribed by law on dispute resolution, complaints, and denunciations.
- Currently in the housing ownership period in the case of limited-term housing ownership.
- Not subject to seizure to enforce a judgment or to enforce an administrative decision that has come into legal effect by a competent state agency or not subject to temporary emergency measures or preventive measures according to a decision of a Court or a competent state agency.
- Not in cases where there is a decision to reclaim land, a notice of clearance or demolition of housing by a competent authority.
- The conditions specified in Point b and Point c, Clause 1, Article 160 of the 2023 Housing Law do not apply to the purchase and sale or hire-purchase of future housing.
* The following housing transactions do not require a Certificate:
- Buying, selling, renting, mortgaging future housing; selling housing in case of dissolution or bankruptcy.
- Organize donations to houses of gratitude, houses of love, and houses of great solidarity.
- Buying and selling, renting available housing from investors in housing construction investment projects in the following cases: housing belonging to public property; social housing, housing for the People's Armed Forces, housing serving resettlement not belonging to public property.
- Renting, lending, letting, authorizing housing management.
- Receive inheritance of a house.
Documents proving the housing conditions for participating in transactions as prescribed in Clause 2, Article 160 of the 2023 Housing Law shall comply with Government regulations.
In the case of rental housing, in addition to the conditions specified in Points c, d and d, Clause 1, Article 160 of the Housing Law 2023, the housing must also ensure quality and safety for the tenant, have a complete electricity system, water supply, drainage, and ensure environmental sanitation, unless the parties have another agreement.
Thus, not all cases of housing transactions are required to have a certificate, in cases falling under Clause 2, Article 160 of the 2023 Housing Law, it is not required to have a certificate according to the law.
