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Transfer contract: what it is, why it matters, how to obtain it
What is a transfer contract for a Vietnam property purchase?
Transfer contract at a glance
Document- Vietnamese name
- Hợp đồng chuyển nhượng quyền sử dụng đất và tài sản gắn liền với đất
- Literally “land-use right and attached-property transfer contract” — the standard secondary-market conveyance, distinct from the developer's Sales & Purchase Agreement used for off-plan or new-build units
- Issued by
- Not a government document — drafted by the seller, a lawyer or a notary, then certified by a licensed public notary office
- Most notary offices in Hanoi work from a standard template you or your lawyer can request directly
- When you sign it
- When buying an already-titled property (existing Pink Book or Red Book) from an individual owner, after your deposit stage and before ownership registration
- For an off-plan or new-build purchase from a developer, the equivalent step is our Sales & Purchase Agreement guide
- Typical cost
- No statutory signing fee for the contract itself — notarisation, registration and independent legal review are the related costs
- See the full cost breakdown below
- Notarisation
- Required — a land-use right transfer contract has no legal effect until it is notarised or certified, and cannot be filed for registration otherwise
- Land Law 2024
- Language
- Drafted and notarised in Vietnamese only
- A bilingual courtesy translation from your lawyer or agent is strongly advised
- Governing law
- Land Law 2024 · Housing Law 2023 · Decree 95/2024/ND-CP
- In force since 1 January 2025
- Required for
- The legal basis for registering the change of ownership — a new Pink Book cannot be issued in your name without it
- See our Pink Book guide for what happens next
Specimen: a Hanoi property transfer contract
What a transfer contract covers, and how it differs from an SPA
A transfer contract records the same core terms as any Vietnamese property sale — the identities of buyer and seller, a precise description of the unit and the land-use right behind it, the price in words and figures, and the payment schedule — but its legal basis is different. It is drafted under the Land Law 2024 provisions on transferring land-use rights, because the seller already holds their own certificate (Pink Book or Red Book) rather than selling a unit still carried on a developer's project-wide title.
That is the practical dividing line with our Sales & Purchase Agreement guide: an SPA typically governs a purchase directly from a developer, off-plan or new-build, under the Housing Law 2023. A transfer contract governs a secondary-market purchase — an existing owner selling a unit that already carries its own certificate. Both must be notarised to be enforceable in a resale; only a properly executed transfer contract can be filed to reissue a Pink Book in your name.
How a transfer contract comes together
⏱ 2 to 5 weeks from draft to registered title
A transfer contract is negotiated directly between you and the seller — or their respective lawyers — once your deposit is in place. What follows is the sequence our desk sees most often for a foreign buyer purchasing an already-titled resale unit in Hanoi.
- 1
Verify the seller's title before drafting begins
⏱ 3–5 days
Ask your lawyer to check the seller's Pink Book directly at the district Land Registration Office: the name on the certificate must match the seller's passport or ID, and the land-use term and any mortgage or dispute notation should be confirmed before a single clause is drafted.
DocumentsSeller's Pink Book copy · Land registry extract
⚠A seller who is not the sole name on the certificate — a spouse, an heir, or a bank holding it as collateral — cannot transfer alone; confirm every party who must sign before you proceed.
→ law firms - 2
Draft and review the contract
⏱ 3–7 days◈ €150–€500 for an independent legal review
The draft sets out the price in words and figures, the exact land-use area and any attached property, and the payment schedule. Have an independent, licensed Vietnamese lawyer review it against your deposit agreement and the seller's certificate before you go to the notary.
DocumentsDraft transfer contract · Deposit agreement · Passport
⚠A price stated only in figures, or a mismatch between the words and figures, can delay or invalidate notarisation — check both carefully.
→ law firms - 3
Sign and notarise
⏱ Same day, once documents are in order
Both parties sign before a licensed public notary, in person or via a notarised power of attorney if you are signing from abroad. The notary verifies identities, checks the certificate, and certifies the contract — without this step it has no legal effect and cannot be registered.
DocumentsNotarised transfer contract · Passport · Power of attorney (if signing from abroad)
→ law firms - 4
Pay the transfer price and settle the seller's tax
⏱ Alongside or shortly after signing◈ Price per the contract; the seller's 2% personal income tax is typically deducted from their proceeds, not added to your cost
Pay by bank transfer against the schedule in the contract, and keep every receipt. The seller's income tax on the transfer price is normally settled at this stage — it must be paid before the new deed can be filed for registration.
DocumentsBank transfer receipts · Tax payment receipt
- 5
File for a new Pink Book in your name
⏱ Typically 30–50 working days
The notarised transfer contract, together with proof of payment and the seller's original certificate, is filed at the district Land Registration Office to register the change of ownership and issue a new Pink Book in your name.
DocumentsNotarised transfer contract · Registration fee payment (0.5%)
What signing a transfer contract costs
The transfer price itself is paid according to the contract's own schedule and is not shown here — this table covers notarisation, registration and the taxes the transaction triggers. Worked example on a €530,000 apartment, the Tây Hồ median used consistently across our guides.
| — | Min | Max | Base |
|---|---|---|---|
| Notary feesSet by each notary office's fee schedule, scaled to the declared property value | €150 (≈ 4,100,000 VND) | €600 (≈ 16,500,000 VND) | one-off, value-linkedTypically split or negotiated between buyer and seller |
| Registration fee (title transfer)Decree 10/2022/ND-CP — not negotiable | 0.5% | 0.5% | % of declared property valueBuyer, at filing |
| Seller's income tax on the transferPersonal Income Tax (PIT) — not a buyer cost, but confirm it is settled before you rely on the filing | 2% | 2% | % of the transfer priceSeller, withheld before the deed can be filed |
| Independent legal reviewVerifies the seller's title and the contract's terms | €150 (≈ 4,100,000 VND) | €500 (≈ 13,800,000 VND) | one-off, recommendedBuyer, before signing |
| Certified translationThe Vietnamese original remains the only legally binding version | €80 (≈ 2,200,000 VND) | €250 (≈ 6,900,000 VND) | one-offBuyer, if no bilingual version exists |
| Total | ≈ 0.5% of price + €380 (≈ 10,500,000 VND) — excl. the transfer price and seller's tax | ≈ 0.5% of price + €1,350 (≈ 37,200,000 VND) — excl. the transfer price and seller's tax |
Example: €530,000 apartment (Tây Hồ median), secondary-market purchase
- Registration fee (0.5%)
- €2,650 (≈ 73,000,000 VND)
- Notary fees
- €400 (≈ 11,000,000 VND)
- Independent legal review
- €300 (≈ 8,300,000 VND)
- Certified translation
- €150 (≈ 4,100,000 VND)
- Σ
- €3,500 (≈ 96,400,000 VND) — buyer-side costs, excluding the transfer price and the seller's tax
Land Law 2024 · Decree 10/2022/ND-CP · Housing Law 2023
Frequently asked questions
What is a transfer contract in Vietnam?
A transfer contract (hợp đồng chuyển nhượng quyền sử dụng đất và tài sản gắn liền với đất) is the notarised deed that transfers land-use rights and the attached property from an existing titled owner to a buyer. It is the document filed at the district Land Registration Office to register a new Pink Book in the buyer's name.
What is the purpose of a transfer contract?
Its purpose is to give legal effect to a change of ownership between two private parties. Without a validly notarised transfer contract, the district Land Registration Office cannot record the sale or issue a new certificate — it is the legal hinge between paying for a property and actually owning it.
What are the main contracts you'll sign when buying property in Vietnam?
A typical Hanoi purchase involves a booking or deposit agreement to secure the unit, a Sales & Purchase Agreement (for off-plan or developer sales) or a transfer contract (for an already-titled resale), handover minutes at key delivery, and often a power of attorney if you sign from abroad.
Does a transfer contract need to be notarised?
Yes. Under the Land Law 2024, a contract transferring land-use rights and attached property must be notarised or certified by a licensed notary office to be valid and to be accepted for registration at the Land Registration Office — this is not optional, unlike the notarisation of an earlier deposit agreement.
Can a foreigner sign a transfer contract from abroad?
Yes, via a notarised power of attorney given to a trusted representative, typically a lawyer. The underlying eligibility rules for foreign buyers — the 50-year ownership term and the 30% per-building quota — still apply regardless of where the contract is signed.
What happens if the seller's Pink Book has more than one name on it?
Every person named on the certificate — a spouse, co-owner or heir — must be a party to the transfer contract and sign, in person or via power of attorney. A transfer signed by only one of several registered owners can be challenged and may block your registration.
How does a transfer contract differ from a Sales & Purchase Agreement?
An SPA typically applies to a purchase directly from a developer, off-plan or new-build, under the Housing Law 2023. A transfer contract applies to a secondary-market purchase from an individual who already holds their own Pink Book or Red Book, drafted under the Land Law 2024.
Sources
- Land Law 2024 (Luật Đất đai, No. 31/2024/QH15, in force since 1 August 2024) — governs the transfer of land-use rights and the notarisation requirement for the transfer contract.
- Housing Law 2023 (Luật Nhà ở, No. 27/2023/QH15) — governs the developer-side Sales & Purchase Agreement and foreign-buyer eligibility rules referenced on this page.
- Decree 10/2022/ND-CP — sets the 0.5% registration fee for title transfer (cited textually; no verified official URL available).
- Decree 95/2024/ND-CP — implementing decree for the Housing Law 2023, in force since 1 January 2025 (cited textually; no verified official URL available).
Have your transfer contract reviewed before you sign
Send us the draft, together with the seller's Pink Book, and our Hanoi advisory desk checks the seller's title, the price clause and the notarisation requirements before you sign. We reply within 24 hours — no obligation, and never a substitute for your own lawyer.