Pink Book for Project Property: Developer’s Responsibility and the 50-Day Deadline (2023 Law on Real Estate Business)

“I’ve taken handover of my home and paid almost in full, yet years later I still have not received the ownership certificate — whose responsibility is this?” This is one of the most common frustrations of buyers at real estate projects. A delay in issuing the Certificate of Land Use Rights and Ownership of Assets Attached to Land (commonly called the “pink book”) not only affects the buyer’s property rights but also obstructs mortgaging, transfer and settled living. The 2023 Law on Real Estate Business (Law No. 29/2023/QH15, effective 1 August 2024), together with the 2024 Land Law (Law No. 31/2024/QH15), clearly sets out the developer’s responsibility and time limits in this regard.

This article analyses the legal provisions on the responsibility to carry out the certificate procedure for buyers, the 50-day deadline under Article 17 of the 2023 Law on Real Estate Business, and what buyers should do to protect their rights.

Mục 01The responsibility to carry out the certificate procedure lies with the developer

Under Article 17 of the 2023 Law on Real Estate Business, when a buyer purchases a house, construction work or floor area from a project developer, the developer is responsible for carrying out the procedures for the competent State authority to issue the Certificate of Land Use Rights and Ownership of Assets Attached to Land to the buyer, unless the buyer voluntarily carries out the certification procedure themselves. The default legal obligation therefore rests with the developer, not the buyer.

This provision offers significant protection because, for many years, quite a few developers pushed the responsibility and procedures onto buyers, even though it is the developer who holds the original legal records of the project and the land. With the law clearly placing the responsibility on the developer, buyers have a solid legal basis to demand action and to complain when delays occur.

Mục 02The 50-day deadline: the key milestone

The most specific and easily applied point of the rule is the time limit. Within 50 days from the date of handover of the house or construction work to the buyer, or from the time the buyer pays in full as agreed, the developer must submit the application requesting the competent State authority to issue the certificate to the buyer, unless the buyer voluntarily carries out the procedure. It must be understood precisely that the 50 days is the deadline for the developer to submit the application, not the deadline for the buyer to have the certificate in hand; the State authority’s processing and issuance follow thereafter under land law.

This distinction is very important in practice. Once 50 days have passed from the applicable starting point without the developer submitting the application, the buyer has grounds to establish that the developer has breached its obligation, regardless of whether the State authority has issued the certificate. This is the legal anchor for requiring the developer to honour its commitment, or for filing a lawsuit seeking compensation if the contract so provides.

Mục 03Why are pink books still delayed even when the law is clear?

In reality, even when the responsibility and deadline are clear, the pink book may still be delayed due to project-level legal obstacles that the buyer cannot see. Common causes include: the developer not having fulfilled its financial obligations on land to the State; the project being built without or against permits, or not yet inspected and accepted; the project land being mortgaged at a bank; or the project’s legal records being incomplete. When the legal roots of the project are problematic, issuing certificates to individual buyers becomes blocked accordingly.

For illustration, suppose a buyer has paid 95% of the apartment’s value and received handover, but the project is still mortgaged by the developer at a bank and not yet released. In this situation, even if the developer wishes to submit the application, the State authority can hardly issue the certificate while the asset remains under a security obligation. This is why buyers should check the legal and mortgage status of the project before signing the contract, rather than relying solely on the 50-day rule.

Mục 04What should buyers do to protect the right to be issued a certificate?

Prevention is always more effective than dealing with consequences. Before buying, the buyer should request the developer’s legal documents for the project and check whether the project land is mortgaged. In the sale and purchase contract, the parties should clearly agree on the timing and responsibility for obtaining the certificate, together with specific sanctions if the developer is late — for example, the right to withhold part of the final payment until the certificate is issued. This is a lawful negotiating tool that helps bind the developer.

Once a delay has arisen, the buyer should make a written request for the developer to perform its obligation, and keep all payment documents and handover records as evidence. If the developer still fails to act, the buyer may complain to the State authority for housing and land, or file a lawsuit to demand performance of the contract and compensation for damage. In complex situations, consulting a lawyer to correctly assess the cause of the delay and choose an appropriate course of action is advisable.

Mục 05Frequently asked questions

If the buyer has not yet paid the full 100%, must the developer already obtain the certificate? The 50-day period is counted from the date of handover or from the time the buyer pays in full as agreed in the contract. In many transactions, the final payment (often around 5% of the value) is withheld until the certificate is available; in that case the parties need to clearly define in the contract the starting point of the certificate obligation to avoid disputes.

If the developer is late, is the buyer entitled to compensation? If the contract contains clauses on responsibility and sanctions for late issuance of the certificate, the buyer may require the developer to perform its obligation and compensate for damage as agreed and under the law. The possibility and level of compensation depend on the contract’s content and the actual damage that can be proven, so agreeing clear sanctions from the outset is very important.

Mục 06Real-world consequences of not yet having the pink book

A delayed pink book is not merely a paperwork issue; it directly affects the buyer’s property rights. Without the certificate, the buyer faces difficulties mortgaging the home to borrow capital, legally transferring it to others, or carrying out administrative procedures tied to ownership. On the secondary market, an apartment without a certificate is often valued lower and harder to sell than one with completed legal status, causing real economic loss to the owner.

Because of these consequences, buyers should not take the pink book lightly or treat it as something “for later.” On the contrary, it must be one of the key criteria when selecting a project and negotiating the contract. A project with transparent land legal status, where the developer has fulfilled its financial obligations to the State and is free of mortgages, will significantly reduce the risk of certificate delays later.

Mục 07HTIC protects the rights of home buyers

HTIC Law Firm assists buyers in reviewing a project’s legal status before a transaction, drafting clauses that bind the responsibility to obtain the certificate, and handling disputes when the developer is late; it also advises developers on completing certificate procedures in accordance with the law. Explore HTIC’s real estate & construction lawyer service.

For case-specific advice, contact HTIC — Hotline 0379 044 299.