Based on Article 8 of Decree 95/2024/NĐ-CP, the documents proving the conditions for participating in real estate transactions when not having a Certificate of ownership of real estate include:
1. For real estate purchase and sale, renting, or buying on credit, the documents proving that the real estate meets the conditions for business operation are required:
- In the case of individuals who are allocated resettlement housing for purchase, renting, or buying on credit to serve resettlement in the future, the real estate must have documents proving that it meets the conditions for business operation as prescribed by law on business of real estate, excluding the requirement for a written notice from the provincial state management agency for business of real estate on the real estate meeting the conditions for sale, renting, or buying.
For cases of purchasing, renting, or buying on credit of resettlement housing that is already available, the real estate must have documents proving that it has been put into use as prescribed by law on construction;
- For cases of purchasing, renting, or buying on credit of social housing, housing for armed forces personnel, the documents proving that the real estate meets the conditions for transaction as prescribed by law on development and management of social housing are required.
2. For cases of purchasing, renting, or buying on credit of real estate that is being constructed in the future and not belonging to a real estate investment project, the documents proving the right to use the land as prescribed by law on land and the Construction Permit for cases requiring a Construction Permit as prescribed by law on construction; in cases not requiring a Construction Permit, the documents proving the investment in constructing the real estate are required.
3. For cases of purchasing, renting of public property real estate as specified in point d, clause 1, Article 13 of the 2023 Law on Real Estate, the documents proving that the real estate belongs to the category of being rented or sold as prescribed in Article 63 and Article 69 of Decree 95/2024/NĐ-CP are required.
4. For cases of gifting of charitable houses, benevolent houses, or collective houses, the organization gifting must have documents proving the construction of the real estate for gifting.
5. For cases of mortgage of real estate being constructed in the future of the project investor, the documents proving that the real estate meets the conditions for mortgage, documents proving that the foundation of the real estate has been completed as prescribed by law on construction, and documents proving that the mortgaged real estate does not belong to the project or the entire project that the project investor has mortgaged or documents proving that the mortgage has been released if there is a mortgage are required.
In cases of organizations or individuals mortgaging real estate being purchased and sold in the future, the documents prescribed in point c, clause 1, Article 184 of the 2023 Law on Real Estate are required.
6. For cases of renting, lending, or letting, entrusting the management of real estate (excluding cases of renting public property real estate as specified in point d, clause 1, Article 13 of the 2023 Law on Real Estate), the party renting, lending, or letting, entrusting the management of real estate must have a purchase and sale contract, renting contract of the real estate signed with the project investor if it is a purchase, renting of real estate from the project investor; in cases of transferring the purchase and sale contract, an additional document transferring the purchase and sale contract of the real estate as prescribed by law on business of real estate is required.
In cases of self-investing in constructing real estate, the Construction Permit or documents proving the ownership of the real estate as prescribed by law on civil law, law on land are required.
7. For cases of inheriting real estate, the documents prescribed as follows are required:
- If the inherited real estate belongs to the category of being gifted, the documents proving the ownership of the real estate of the gifting party are required;
- If the inherited real estate belongs to the category of being purchased, rented, the documents proving the ownership of the real estate or documents proving the investment in constructing the real estate of the selling party, renting party are required;
- If the inherited real estate belongs to the category of being newly constructed, the Construction Permit for cases requiring a Construction Permit and documents proving the right to use the land as prescribed by law on land of the party inheriting are required;
- If the inherited real estate is decided by the People's Court, the judgment or decision with legal effect of the People's Court is required;
- Other documents proving as prescribed by law on inheritance.
8. For cases of selling real estate of an organization that has been dissolved or bankrupt, the resolution, decision of dissolution of the organization or the written notice of the competent agency on the dissolution of the organization owning the real estate are required; in cases of bankruptcy, the decision of the People's Court on the bankruptcy of the organization owning the real estate is required.
