Pursuant to Point a, Clause 1, Article 160 of the 2023 Housing Law, it clearly states:
"Article 160. Conditions of housing participating in transactions
1. Transactions on purchase, sale, hire-purchase, donation, exchange, mortgage, and capital contribution using housing must satisfy the following conditions:
a) Have a Certificate as prescribed by law, except for the case specified in Clause 2 of this Article".
Accordingly, when buying and selling apartments, it is mandatory to have a Certificate of land use rights and house ownership rights (also known as the apartment pink book) except for the case specified in Clause 2, Article 160 of the 2023 Housing Law, guided by Decree 95/2024/ND-CP including:
- Buying, selling, leasing, 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, selling, or leasing available housing from investors of housing construction investment projects in the following cases:
+ Housing is public property.
+ Social housing, housing for the people's armed forces, and housing for resettlement are not public assets.
- Rent, lend, let, authorize housing management.
- Inheritance of housing.
Thus, it can be seen that although the apartment does not have a pink book, in the above cases, the parties can completely buy and sell.
