blue-check It is not allowable to transfer housing lease agreement

Official letter No. 4500/BXD-QLN dated October 5th, 2022 of the Ministry of Construction regarding long-term real estate lease agreement
Posted: 1/11/2022 10:43:34 AM | Latest updated: 3/11/2022 7:50:39 AM (GMT+7) | LuatVietnam: 5571

Relating to housing transaction, the Ministry of Construction notes that Article 117 of 2014 Law on Housing only regulates forms of housing lease and transfer of agreements on commercial housing sale without the form of transfer of housing lease agreement and transfer of housing lease right.

In addition, according to clause 1 Article 17 of 2014 Law on Real estate trading regarding types of real estate trading agreement, there is the type of housing lease agreement but Article 36 of this Law only regulates transfer of lease purchase agreement, without regulation on transfer of housing lease agreement and transfer of housing lease right.

The Ministry of Construction also notes that housing lease transaction, housing lease agreement and housing sale transaction, housing sale agreement are 2 different forms of housing transaction, 2 different types of real estate trading agreement.

Ms Phuong Thao (
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