How to register permanent residence when buying a house with handwritten documents?

I just bought a house in Ho Chi Minh City with a handwritten document. When I bought it, I went to the bailiff to make a record to show that I had paid the seller. However, up to now, my house still does not have a red book. Previously, my household registration was in the Central region, so can I now transfer my permanent residence registration to the address of the newly purchased house? What are the procedures?

Reader Trinh Lam.

Consulting attorney

Lawyer Nguyen Van Hau, Vice President of the Ho Chi Minh City Bar Association, advised that according to Article 20 of the Law on Residence, citizens who have legal residence under their ownership can register for permanent residence at that residence. Or citizens can register for permanent residence at legal residence not under their ownership, with the consent of the head of household and the owner of that legal residence.

Đăng ký thường trú cách nào khi mua nhà bằng giấy tay?- Ảnh 1. — Lawyer Nguyen Van Hau

In addition, Clause 3, Article 167 of the Land Law stipulates that contracts for the transfer of land use rights and assets attached to land must be notarized or certified. Except in cases where one party or parties involved in the transaction are real estate business organizations, notarization or certification will be performed at the request of the parties and is not mandatory.

Compared with the above regulations, your handwritten house sale and purchase did not comply with the form prescribed by law, so the above purchase transaction is not valid.

Thus, you can only register permanent residence at the newly purchased home address if the homeowner and legal owner of that house agree.

In this case, you and the seller can re-sign a notarized and certified land transfer contract in accordance with the law. If the parties cannot reach an agreement, you can file a lawsuit in court requesting the court to recognize the validity of the transaction (Clause 2, Article 129 of the Civil Code). From there, you can use the signed handwritten land sale and purchase contract, along with the court's recognition decision, as a basis for legalizing the land transfer to your name.

Regarding permanent residence registration procedures, according to Article 22 of the Law on Residence, you need to go to the police agency at the commune, ward or town level of your new residence to submit a declaration of change of residence information (according to Form CT01 issued with Circular 56 of 2021 of the Ministry of Public Security) and documents proving legal ownership of accommodation (certificate of house ownership rights; documents for purchasing real estate...).

Within 7 working days from the date of receiving complete and valid documents, the police will update your new permanent residence information in the Residence Database.

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