Ep1 ⚖️📚

EP1: Enghlish Legal Consultation: Is a Certificate of Ownership Required for Housing Transactions? Hello everyone! Thank you for following me. I'm May. Besides my main job, I always set aside time to study law and learn foreign languages. This is an important time for me to expand my knowledge and improve my language skills. I hope my sharing will provide you with useful information. Now, let's get started! Question : Is a Certificate of Ownership a mandatory requirement for Housing transactions? Legal basic: Housing Law 2023, Land law 2024 Legal Advice/consultation: The Housing Law 2023 introduces several conditions related to housing when it is used for transactions, including requirements regarding the Certificate. Specifically, according to Clause 1, Article 160 of the Housing Law 2023 states: “"Transactions involving the purchase, lease-purchase, donation, exchange, mortgage, or capital contribution with housing must meet the following conditions: Having a Certificate as prescribed by law, except for cases specified in Clause 2 of this Article." Accordingly, the role of the Certificate has been affirmed by the Housing Law at point a, clause 1, Article 160 mentioned above. Additionally, the Land Law 2024 further emphasizes that: “The Certificate of Land Use Rights and Ownership of Assets Attached to Land is a legal document through which the State confirms the lawful land use rights and ownership of assets attached to the land for the rightful land user and asset owner”. In practice (reality), the transactions that the Housing Law requires to have a Certificate only transfer the right of ownership and aim to do so, such as mortgages. This regulation does not apply to transactions only transfer the right to use such as hiring (renting/leasing), borrowing, temporary accommodation (letting someone stay), or service transactions related to housing. Furthermore, not all transactions that transfer the right of ownership and aim to do so require a Certificate of Ownership. Specifically, Clause 2, Article 160 of the Housing Law 2023 specifies several cases where a certificate is not mandatory requirement, including: a) Purchase, hire-purchase, mortgage of future-formed housing (future properties); sale of houses due to (in cases of) dissolution or bankruptcy. b) Organizations donate gratitude houses, charity houses, and great solidarity houses. c) Purchase, lease-purchase of available housing from the project investor in the following cases: public property housing; social housing, housing for the armed forces, resettlement housing that is not public property. d) Leasing, borrowing, temporary accommodation, or Authorization for housing management. đ) Inheritance of housing. Conclusion: Based on these regulations, we can summarize the following key points: 1. For transactions that transfer the right of ownership or aim to do so (such as mortgage), a Certificate of Ownership is mandatory requirement, except in the cases listed under Points a, b, c, and đ of Clause 2, Article 160 of the Housing Law 2023. 2. For transactions that only transfer the right to use the property, such as Leasing, borrowing, temporary accommodation, or Authorization for housing management, a Certificate of Ownership is not required. These are my personal insights (thoughts/perspective) on this matter (issue/topic). I hope this information is helpful! If you have any questions, feel free to reach out me (don't hesitate to discuss them with me)!. Best regards, and see you next time! 😊