Assigning an apartment that has no red book yet — i.e. transferring a purchase contract for an off-plan home — how much tax and fees will it cost? The answer comprises four items: personal income tax of 2% × the transfer price (under the Personal Income Tax Law 109/2025/QH15, effective 1 July 2026, which abolished the 25% calculation), the 0.5% registration fee, notarization fees, and zero for the developer (the law prohibits developers from charging anything for confirming the transfer). This article summarizes the taxes, fees and transfer conditions under the regulations in force as of 14 October 2026.
1. Summary of the four tax and fee items
| Item | Paid by | Rate |
|---|---|---|
| Personal income tax | The transferor | 2% × the transfer price (Article 14, Law 109/2025/QH15) |
| Registration fee | The transferee (upon registration) | 0.5% (Decree 10/2022/ND-CP) |
| Notarization fee for the transfer contract | As agreed by the parties | Progressive schedule of VND 50,000 – VND 70 million (Circular 257/2016/TT-BTC, amended by Circular 111/2017/TT-BTC) |
| Developer confirmation fee | — | Zero — charging is prohibited by law (Article 51, Law on Real Estate Business 2023) |
2. Key update: PIT is now a flat 2% — the 25% method is gone
The Personal Income Tax Law 109/2025/QH15 (effective 1 July 2026) replaced the 2007 PIT Law. The most important change for real estate transferors: the 25%-on-the-spread method (25% of the difference between purchase and sale prices) no longer exists. Under Article 14 of Law 109/2025, PIT on real estate transfers is uniformly calculated as the transfer price × 2%. Any guidance still citing the 2007 PIT Law and the 25% method has been superseded since 1 July 2026 and must not be applied.
3. Conditions for transferring the purchase contract (Article 50, Law on Real Estate Business 2023)
The regime for transferring purchase contracts for off-plan homes belongs to the Law on Real Estate Business 29/2023/QH15 (effective 1 August 2024) — not the Law on Housing 2023. Under Article 50, the buyer may transfer the contract only if the conditions are met, including: the buyer has not yet filed a dossier requesting the Certificate of land use rights and ownership of assets attached to land; and the contract is free of disputes and not seized to secure enforcement of judgments. The direct consequence: once a Certificate dossier has been filed, the purchase contract can no longer be transferred.
4. Procedure: developer confirmation within 5 working days, no fees allowed (Article 51)
Under Article 51 of the Law on Real Estate Business 2023, when the parties sign the transfer contract, the developer must confirm the transfer within 5 working days of receiving a complete valid dossier. The key point: the developer may not charge any fee for this confirmation. If a developer demands a “confirmation fee”, “contract name-change fee” or any similar payment, that is unlawful — the buyer may refuse and report it to the competent state authority.
5. Registration fee and notarization fee
- Registration fee of 0.5% under Decree 10/2022/ND-CP, paid by the transferee when registering ownership;
- Notarization fee for the transfer contract under the progressive schedule of VND 50,000 to VND 70 million per Circular 257/2016/TT-BTC (amended by Circular 111/2017/TT-BTC); the parties agree on who bears it.
Frequently asked questions
How is PIT calculated now when assigning an off-plan apartment?
Under Article 14 of the PIT Law 109/2025/QH15 (effective 1 July 2026): tax = transfer price × 2%. The 25%-on-the-spread method under the 2007 PIT Law has been abolished and no longer applies.
May the developer charge a “transfer confirmation fee”?
No. Article 51 of the Law on Real Estate Business 2023 prohibits developers from charging any fee for confirming the transfer of an off-plan home purchase contract. Charging is unlawful.
Can I still assign the purchase contract after filing for the red book?
No. Under Article 50 of the Law on Real Estate Business 2023, one of the conditions for transfer is that no Certificate dossier has been filed.
Which law governs this regime?
The Law on Real Estate Business 29/2023/QH15 (Article 50 on conditions, Article 51 on procedure) — not the Law on Housing 2023.
Sources
- Law on Real Estate Business 29/2023/QH15 — effective 1 August 2024: Article 50 (conditions for transferring off-plan home purchase contracts: no Certificate dossier filed, no disputes, no seizure); Article 51 (developer confirmation within 5 working days, prohibited from charging any fee).
- Personal Income Tax Law 109/2025/QH15 — effective 1 July 2026: Article 14 — PIT on real estate transfers = transfer price × 2% (the 25%-on-the-spread method abolished).
- Decree 10/2022/ND-CP: registration fee for houses and land of 0.5%.
- Circular 257/2016/TT-BTC (amended by Circular 111/2017/TT-BTC): notarization fee schedule for transfer contracts, progressive from VND 50,000 to VND 70 million.
This article is for reference only and does not constitute legal advice. The content has been reviewed by the AI Legal Council of FLAT Law Firm and will undergo quality checks before any publication consideration; it is not the legal opinion of a licensed human lawyer. Laws and regulations may change; verify the current legal texts before applying them.
Assigning an off-plan apartment and need a tax and fee review? Contact FLAT Law Firm for advice.
