Are you facing a situation where the developer is delaying the issuance of the Certificate of House Ownership, unsure about your rights or whether you should initiate legal action? From corporate legal consulting to comprehensive business legal services, this article helps you understand current regulations, identify risks, and determine how you—as a homebuyer—can protect your lawful rights.
According to Clause 3, Article 17 of the 2023 Law on Real Estate Business, real estate developers are responsible for:
"Within 50 days from the date the house is handed over to the buyer, or from the date the rent-to-own buyer has fully paid according to the agreement, the developer must submit the application for issuance of the Certificate of land use rights, house ownership, and other assets attached to land to the buyer or rent-to-own buyer, unless the buyer voluntarily carries out the procedures."
If the developer fails to perform this obligation, the buyer may face several risks: no issuance of the “pink book,” inability to transfer, mortgage, or register permanent residence, and more.
There are several causes for delays in issuing the Certificate of House Ownership:
The developer has not completed legal procedures with state authorities (e.g., fire safety acceptance, financial obligations, incomplete documents).
The developer deliberately delays or prolongs the process to pressure the buyer (e.g., demanding additional payment or creating contractual disputes).
The sale contract lacks clarity regarding deadlines for handover, issuance of the certificate, or penalties for delays.
Risks buyers may face include:
Loss of the right to officially use or own the house/apartment without a certificate.
Additional costs incurred (temporary accommodation, bank loan interest, relocation expenses).
Obstacles in mortgaging, selling, or transferring the property.
Prolonged legal disputes and increasing legal expenses.
To protect your rights, buyers should take the following steps:
Review the sale contract – identify the deadline for house handover, the deadline for certificate issuance, and the developer’s responsibilities for breaches.
Determine the delay period – if the developer has handed over the house but has not initiated the certificate application, determine when the delay begins (e.g., after 50 days under the law or as stipulated in the contract).
Collect evidence: Sale contract, handover minutes, payment receipts, emails or written communications with the developer regarding the certificate, and invoices of expenses incurred due to the delay.
Send a notice of breach to the developer – clearly request issuance of the certificate within a specific timeframe or indicate that legal measures will be taken.
Request the developer to fulfill their obligation: Under the 2015 Civil Code, the obligated party must perform correctly and on time. You may demand that the developer issue the Certificate of House Ownership as agreed.
Claim compensation for damages caused by the delay: Under Clause (d), Article 20 of the 2023 Law on Real Estate Business and the 2015 Civil Code, buyers may claim compensation if the developer hands over the house or documents late or contrary to the agreement.
Administrative penalties imposed on developers: Recent proposals indicate that developers failing to submit certificate applications may face fines ranging from tens of millions to hundreds of millions of VND, or even up to 1 billion VND for large projects.
File a lawsuit with the competent court: If negotiations fail, buyers may file a lawsuit according to civil procedure rules. For example: identifying the correct court, preparing the lawsuit petition with specific requests (issuance of the certificate, compensation, etc.).
When working with a law firm on housing disputes or business legal consulting, you should:
Review all terms of the sale contract: house handover deadline, certificate issuance timeline, penalty clauses, and compensation terms.
Verify the project’s legal documents: construction permit, fire safety acceptance, completion of financial obligations to the State.
Understand that delays may stem from objective reasons, but the developer must prove them—and buyers should not wait passively without action.
Act promptly when a dispute arises: send a notice of breach, negotiate, or file a lawsuit—do not miss the optimal time to gather evidence.
Leverage comprehensive legal services: from preventive review (before purchasing) to dispute resolution (notices, negotiation, litigation) and enforcement of judgments.
Developer delays in issuing the Certificate of House Ownership in Vietnam have caused numerous disputes, directly affecting buyers’ rights—from the inability to transfer or mortgage the property to financial losses. Buyers must understand their rights under the 2023 Law on Real Estate Business, the 2015 Civil Code, and relevant decrees, and take systematic steps: review the contract, collect evidence, issue notices, and pursue litigation when necessary.
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