To answer the question of whether it is possible to obtain permanent residence registration in an apartment building without a pink book, we first need to understand when a pink book is issued for a purchased apartment. To determine the timing of receiving the pink book after buying an apartment, it is necessary to distinguish between buying an old apartment and a new one from the developer.
When purchasing an old apartment, after the apartment purchase agreement is notarized, the buyer must submit the necessary documents to transfer the pink book to their name.
In contrast, when buying a new apartment from a developer, it is the developer’s responsibility to apply for the pink book on behalf of the buyer within 50 days from the date of handover or from the date the buyer has fully paid for the apartment, according to Article 6, Clause 2 of the Housing Law 2014.
Additionally, according to Clause 6, Article 22 of Decree 101/2024/ND-CP, the time limit for issuing the pink book to the developer is no later than 10 days from the date of receipt of a valid and complete set of documents. Therefore, the maximum time for a buyer of a new apartment to receive their pink book is 60 working days after full payment or receiving the handover of the apartment.
According to Article 20 of the 2020 Residence Law, the conditions for permanent residence registration include having a legal place of residence that is owned by the individual or with the consent of the head of the household and the owner of the legal place of residence if the individual does not own the residence.
Article 5 of Decree 62/2021/ND-CP specifies the documents proving a legal place of residence, which include:
– Land use right certificate, house ownership certificate (including information about the house), or apartment ownership certificate.
– Purchase agreement for the house or documents confirming the handover of the house by the enterprise with the function of trading houses for sale.
– Documents related to buying, leasing, receiving gifts, inheriting, etc.
Thus, according to these regulations, it is not mandatory to have the apartment’s pink book to be eligible for permanent residence registration. Instead, the purchase agreement or handover documents (in the case of buying a new apartment from a developer) or the purchase agreement with another individual (in the case of buying an old apartment) can be used.
In conclusion, even without a pink book, it is possible to obtain permanent residence registration in an apartment as long as the apartment is owned by the individual or with the consent of the head of the household and the owner if the apartment is not their property.
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