Question: I am an individual, who has acquired a property in project stage in Nha Trang City and the handover is about to happen now. In that regard I am seeking advice regarding the handover process and also related to changing the name of the property owner from my brother to myself, who is an overseas Vietnamese.

Answer: This is reference to your email below. Please find our answers here under:

– Since you are not the Purchaser, you shall need to obtain a Certified copy of POA granted by your Brother authorizing you to represent him for working with Seller in relation with handing over apartment.
– In addition to the notarized POA, you shall need to bring an original copy of Apartment Purchasing Contract or a Certified copy of Apartment Purchasing Contract, Notification on handing over apartment, original copy of your passport or ID card.
– In case the Seller requires you to make payment of an amount of money before handing over the apartment in accordance with Apartment Purchasing Contract, you must also present Payment Slip for such payment.
– Upon handing over apartment, you should ask Seller to present you following documents for check:
+ As Built Drawing
+ Minute on the acceptance for operation of project construction upon its completion signed between Seller and its construction contractors;
+ Documents certifying that the building satisfies conditions for fire fighting and prevention
+ Minute on acceptance of elevator
For prudence, you should have your architect/engineer/electrical expert to help you measure your apartment and check quality of the apartment before signing on minute of handing over.
If you are oversea Vietnamese (no longer hold Vietnamese Nationality), you shall have to purchase apartment from Real Estate Developer. Then, you shall have to work with the Real Estate Developer in order to have proper advice.
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