Article 9 of the 2023 Housing Law clearly states that when purchasing an apartment and having legal housing, individuals will be granted a pink book by a competent authority. In particular, the housing granted a pink book must be available housing.
Regarding the responsibility of the investor of a commercial housing construction project, including a commercial apartment project, Clause 8, Article 39 of the Housing Law stipulates as follows: Within 50 days from the date of handover of the house to the buyer or from the date the lessee has fully paid the agreed amount, the investor must submit a request to the competent State agency to issue a certificate to the buyer or lessee of the house, except in cases where the buyer or lessee voluntarily completes the procedures to request the issuance of a certificate.
At the same time, Clause 3, Article 17 of the 2023 Law on Real Estate Business also clearly states: Within 50 days from the date of handover of the house to the buyer or from the time the lessee has fully paid the agreed amount, the buyer or lessee must submit an application to the competent State agency to issue a certificate of land use rights and ownership of assets attached to the land in accordance with the provisions of the law on land to the buyer or lessee, except in cases where the buyer or lessee voluntarily completes the procedures for granting the certificate.
According to this regulation, it can be seen that the deadline for investors building commercial apartment projects to apply for a pink book for buyers is 50 days from the date of handover of the apartment, except in cases where the buyer requests to apply for a pink book himself.
Therefore, according to this regulation, the investor must complete the procedures to apply for a pink book for the apartment for the buyer within 50 days from the date of apartment handover.
Regarding the deadline for issuing pink books, Article 22 of Decree No. 101/2024/ND-CP stipulates:
- First issuance of pink book: 23 working days. For mountainous communes, this period is extended by 10 days to 33 working days.
- Issuing pink book due to sale or transfer: 10 working days. If in mountainous commune, this time is 20 working days.
Thus, the maximum time for apartment buyers from investors to be granted a pink book is 83 days, in mountainous areas it is 93 days.
Note: When applying for a pink book, Clause 4, Article 9 of the 2023 Housing Law clearly states that when the investor applies for a pink book, the pink book is issued to the apartment buyer, not to the investor.