12 August 2021
On 27 July 2021, Bac Ninh Tax Department issued Official Letter No. 2111/CTBNI-TTHT on the transfer of shared ownership of the apartment building with the following contents:
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Multi-owner apartment building refers to an apartment building owned by at least two owners, including the private part of each owner and the part under common ownership and common use by the owners.
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For multi-owner apartment buildings, the owners shall be entitled to own and use privately-owned portions and shared portions according to the law on housing and the Regulation on management and use of apartment building of the Ministry of Construction.
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According to the provisions of the law on real estate business and the current regulations on management and use of apartment buildings, apartment owners and other parties do not have the right to agree on the transfer of shared ownership of the apartment building (excluding the common corridor area, apartment elevators, garages, public toilets, garbage collection room). The above transfer is not permitted because apartment building owners only have the right to use the shared ownership and do not have the right to own or transfer it.
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