After signing an apartment sale and purchase contract, buyers often ask: what is the maximum time the developer has to hand over the apartment, counted from the signing date? The answer may surprise you: current law sets NO maximum deadline from the contract signing date. The handover timeline is agreed by the parties and must be stated in the contract.
1. The law sets no “maximum number of months”
Neither the Housing Law 2023 (27/2023/QH15) nor the Real Estate Business Law 2023 (29/2023/QH15) imposes a maximum figure (such as 12, 24 or 36 months) for handover counted from the contract signing date. Specifically:
- Article 163 of the Housing Law 2023 and Article 46 of the Real Estate Business Law 2023: the time and deadline for housing handover are agreed by the parties in the sale contract;
- This is a mandatory contract term — a contract missing the handover-deadline clause is defective and puts the buyer at a disadvantage in disputes.
Warning: the claim “the law caps handover at 24 months” still circulates online — it is incorrect and has no basis in current legislation. Buyers should not rely on that figure for planning or complaints.
2. What does the law regulate about handover? Conditions + sanctions
Although there is no statutory maximum, the law controls handover through two mechanisms:
(a) Handover conditions: the developer may only hand over the unit after construction is completed and the work has been accepted for use as prescribed — detailed in Article 25 of Decree 95/2024/ND-CP. Handing over an unaccepted unit is a violation, and the buyer may refuse acceptance.
(b) Sanctions for late handover:
- Contractual penalties and damages as agreed in the contract (Clause 3, Article 48 of the Real Estate Business Law 2023) — which is why the late-handover penalty clause in the sale contract matters enormously in practice;
- Bank guarantee: under Article 26 of the Real Estate Business Law 2023, developers of off-plan housing projects must have a bank guarantee covering their financial obligations to buyers — a safety net when the developer cannot hand over as committed.
3. What buyers should do when signing the contract
- Read the handover-deadline clause carefully: a specific date or a defined method (e.g., within X months of signing); avoid vague wording like “when conditions are met” with no time marker;
- Negotiate the late-handover penalty: the clearer and higher the penalty (within the legal cap), the stronger the pressure on the developer to deliver on time;
- Request the bank guarantee document: check which bank guarantees, and the guarantee’s scope and duration;
- Do not accept handover before acceptance: require the developer to present the written acceptance of the completed work for use.
4. Steps when the developer is late
- Step 1: check the contract — identify the agreed deadline and the stipulated penalties/damages;
- Step 2: send a written demand for handover plus contractual late penalties, keeping proof of sending/receipt;
- Step 3: if the developer does not cooperate, complain to the local housing authority or sue in court for handover, penalties and damages;
- Step 4: where the developer is unable to perform, trigger the bank guarantee under Article 26 of the Real Estate Business Law 2023.
5. Frequently asked questions
What is the statutory maximum handover period from the contract signing date?
There is none in current law. The handover deadline is agreed by the parties and stated in the contract (Article 163, Housing Law 2023; Article 46, Real Estate Business Law 2023).
Is the “24-month maximum” correct?
No — it has no basis in the Housing Law 2023, the Real Estate Business Law 2023, or their guiding decrees.
When may a developer hand over the unit?
Only after construction is completed and accepted for use (Article 25, Decree 95/2024/ND-CP). Buyers may refuse unaccepted units.
What does a buyer get for late handover?
Contractual penalties and damages (Clause 3, Article 48, Real Estate Business Law 2023), plus the developer’s bank guarantee (Article 26) as financial security.
What if the contract states no handover deadline?
That is a serious contractual defect. Buyers should request an addendum before signing further or paying the next instalment; without a clear timeline, buyers are at a major disadvantage in disputes.
Sources
- Housing Law 2023 (27/2023/QH15) — in force as of 14/10/2026: Article 163 (handover time and deadlines agreed by the parties in the contract);
- Real Estate Business Law 2023 (29/2023/QH15) — in force: Article 26 (bank guarantee for off-plan housing projects); Article 46 (sale contract contents, including the handover deadline); Clause 3, Article 48 (penalties and damages for late handover);
- Decree 95/2024/ND-CP — in force: Article 25 (handover conditions: completed construction and acceptance for use).
For reference only; not legal advice. This article was drafted by AI and quality-checked by the AI Legal Council of FLAT Law Firm; it has not been reviewed or approved by a human lawyer. Regulations may change; please check the current legal texts before applying.
Related articles
- Checklist: Handling Delayed Handover in Real Estate Projects
- Case Study: Recovering Deposit When the Seller Delays Handover
About to sign an apartment sale contract and need a review of the handover, late-delivery penalty and bank guarantee clauses? Contact FLAT Law Firm for advice.