Buying a resale apartment without a pink book: conditions, tax and risks for the buyer

Legal basis: Law on Real Estate Business No. 29/2023/QH15 (effective 1 August 2024), Articles 50, 51 · Decree 96/2024/NĐ-CP, Article 13 (amended by Decree 54/2026/NĐ-CP dated 9 February 2026) · 2025 Law on Personal Income Tax and Decree 253/2026/NĐ-CP · Decree 10/2022/NĐ-CP on registration fees · Updated 20 October 2026.

Buying a resale apartment that has no pink book yet means you take over the sale and purchase agreement (SPA) the seller signed with the developer. You step into the seller's position, pay the remaining instalments and receive the pink book in your own name. This article is written for buyers; if you are the one reselling, see Transferring an apartment sale and purchase agreement.

Which units can be bought this way

The 2023 Law on Real Estate Business allows an SPA to be transferred when four conditions are met:

• No pink book application has been filed. Once it has, the contract can no longer be transferred — you must wait for the pink book and then buy it as a unit with a pink book.
• The contract is not in a dispute being resolved by a competent authority.
• The unit is not seized or mortgaged — unless the mortgagee (usually a bank) agrees.
• The SPA was signed in line with the law on real estate business.

The transfer must cover the whole contract. If the seller holds one contract covering several units, they must amend it or sign an annex separating the units first.

The key milestone: the developer's confirmation

After the transfer contract is notarised and the tax paid, the file is submitted to the developer. The developer confirms within 5 working days of receiving the complete file and may not charge anything. This confirmation is the basis for transferring rights and obligations: only from then are you the buyer in your relationship with the developer.

So before paying a deposit, ask the seller to ask the developer in writing with you (or by email from the customer service department):

• Whether a pink book application has been filed for the unit.
• Which instalment the seller has paid up to, which are still due, and whether there are overdue amounts or late-payment interest.
• Whether the SPA is mortgaged to a bank, and whether the unit has been handed over.
• The list of documents the developer requires to confirm the transfer.

Common risks for buyers

Risk	How to reduce it
The seller still owes instalments and late-payment interest — you inherit that obligation too	Get the developer's statement of amounts owed; deduct them from the price or pay the developer directly
The SPA is mortgaged to a bank	Get the bank's written consent; transfer the repayment money into an account at that same bank
The original SPA and receipts do not match the developer's records	Check every receipt with the developer before paying a deposit
The price in the transfer contract is lower than the money actually paid	Write the true price; any undocumented difference is a risk in a dispute and a tax risk
Using a handwritten agreement or a bailiff's record instead of notarisation	If the transferor is an individual, the transfer contract must be notarised
The project is slow to issue pink books	Check the project's legal status first — see Checking a project's legal status

Taxes and costs you should know

Item	Rate	Who pays (usually)
Personal income tax	2% of the transfer price	The seller — the parties may agree that the buyer pays it on their behalf
Notary fee for the transfer contract	Per the current fee schedule	As agreed
Developer's confirmation fee	0 dong	—
Registration fee	0.5% of the assessed value	The buyer, when applying for the pink book
Remaining instalments to the developer	Per the SPA	The buyer

For off-plan homes, the tax point is when the tax declaration is filed. State clearly in the deposit contract who pays the tax and keep a copy of the tax payment receipt, as it is a required document in the file submitted to the developer.

Also check the 2% maintenance fund on the unit's value: buyers from the developer must pay it. Ask the developer whether the seller has paid it; if not, agree clearly who will bear it.

Buying with a loan

When you borrow to take over an SPA, the bank usually takes a mortgage on the property rights arising from the SPA itself, and some banks only accept files for projects they are partnered with. Get a loan approval notice before paying a deposit and set payment deadlines that match the disbursement date. See also Taking a bank loan to buy a ready apartment.

This article is for reference only and does not replace legal or financial advice for your specific case.

1. See the original SPA, annexes and receipts, plus the seller's ID papers and marital status.
2. Ask the developer together with the seller: no pink book application filed, which instalment has been paid, whether it is mortgaged, which documents are needed to confirm the transfer.
3. If the SPA is mortgaged: get the bank's written consent and agree how the outstanding balance is handled.
4. Bank loan (if any): get a loan approval notice before paying a deposit.
5. Sign a deposit contract: the transfer price, the amount already paid to the developer, the instalments you will pay, who pays the tax, the notarisation deadline, conditions for refunding the deposit if the developer does not confirm.
6. Notarise the contract transfer agreement (form in Appendix XI of Decree 96/2024) at a notary organisation where the apartment is located.
7. Pay the 2% personal income tax and keep the receipt.
8. Submit the file to the developer — confirmation within 5 working days, free of charge.
9. Receive the originals of the SPA, annexes, receipts, handover record (if any) and the confirmed transfer contract; pay the seller the remainder at the agreed milestones.
10. Pay the remaining instalments to the developer, take handover, and pay the 0.5% registration fee when applying for the pink book in your name.

Sources in Vietnamese; titles kept in the original, with a short English translation in brackets.

• National Assembly — Law on Real Estate Business No. 29/2023/QH15 — Điều 50. Điều kiện chuyển nhượng hợp đồng (Article 50. Conditions for transferring a contract), Điều 51 (Article 51), read 20 October 2026.
• Government — Toàn văn Nghị định 96/2024/NĐ-CP quy định chi tiết một số điều của Luật Kinh doanh bất động sản (Full text of Decree 96/2024/NĐ-CP detailing the Law on Real Estate Business — Article 13), 24 July 2024.
• LuatVietnam — Nghị định 54/2026/NĐ-CP sửa đổi, bổ sung các nghị định về nhà ở, kinh doanh bất động sản (Decree 54/2026/NĐ-CP amending decrees on housing and real estate business), 9 February 2026.
• Government Portal — Thuế thu nhập cá nhân đối với thu nhập từ chuyển nhượng bất động sản (Personal income tax on income from real estate transfers — Decree 253/2026/NĐ-CP), 4 July 2026.
• Thư viện Nhà đất — Mức thu lệ phí trước bạ nhà đất năm 2026 là bao nhiêu? (What is the registration fee for houses and land in 2026? — Decree 10/2022/NĐ-CP, amended by Decree 175/2025/NĐ-CP), read 20 October 2026.
• Thư viện Nhà đất — Năm 2025, mức phí bảo trì chung cư mà cư dân phải đóng là bao nhiêu? (How much maintenance fee do apartment residents pay in 2025? — Article 152 of the 2023 Law on Housing), read 20 October 2026.
• Tuoi Tre (Phap Luat TP.HCM) — Có được bán căn hộ chung cư đang thế chấp ngân hàng? (Can an apartment mortgaged to a bank be sold?), 5 June 2025.
• Techcombank — Vay thế chấp tối đa được bao nhiêu? (How much can you borrow against a mortgage? — loans to take over property at partner projects), read 20 October 2026.