9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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House Sale Contract Disputes in Binh Tan have become increasingly common as the real estate market in Binh Tan District continues to grow rapidly. Disputes often arise from unclear contract terms, disagreements over payment obligations, delays in property handover, or legal issues related to ownership certificates and transfer procedures. Understanding the legal regulations governing house purchase and sale contracts is essential for individuals and businesses to protect their rights and minimize potential risks when conducting real estate transactions in Binh Tan District.
Step 1: Prepare the Lawsuit Dossier
According to Clause 5 Article 189 of the Civil Procedure Code 2015, the claimant must prepare the following documents:
A lawsuit petition
Citizen Identification Card, Identity Card, or Passport
Documents and evidence proving that the lawful rights and interests of the claimant have been infringed (such as the contract, land use right certificate, etc.)
Note: If, for objective reasons, the claimant cannot submit all documents and evidence together with the lawsuit petition, they must submit the available documents to prove that their lawful rights and interests have been violated. Additional documents and evidence may be submitted according to the court’s request during the case resolution process.
Step 2: Submit the Lawsuit Petition
After preparing the dossier, the claimant may submit it to the competent court using one of the following methods provided under Clause 1 Article 190 of the Civil Procedure Code 2015:
Submitting directly at the court
Sending via postal service, which must be recorded in the court’s petition register
Submitting online through the court’s electronic portal (if available)
If the petition is submitted through the court’s online portal, the claimant must access the system, complete all required information in the petition form, sign electronically, and submit it to the court in accordance with Clause 1 Article 16 of Resolution 04/2016/NQ-HĐTP.
Step 3: Court Acceptance and Case Handling
Receiving the lawsuit petition
According to Clause 2 and Clause 3 Article 191 of the Civil Procedure Code 2015 (as amended by Clause 1 Article 78 of the Law on Protection of Consumer Rights 2023):
Within 03 working days from the date the petition is received, the Chief Justice of the court will assign a judge to review the petition.
Within 05 working days from the assignment date, the judge must review the petition and make one of the following decisions:
Request amendments or supplements to the petition
Accept the case under normal procedures or simplified procedures if the case meets the conditions under Article 317 of the Code
Transfer the petition to another competent court and notify the claimant
Return the petition if the case does not fall under the court’s jurisdiction
Case acceptance
According to Article 195 of the Civil Procedure Code 2015, after reviewing the petition and accompanying documents, if the court determines that the case falls under its jurisdiction, the judge will notify the claimant to come to the court to pay the advance court fee if required.
The judge will estimate the advance court fee and issue a notice to the claimant. Within 07 days from receiving the notice, the claimant must pay the advance court fee and submit the payment receipt to the court.
The judge will officially accept the case once the receipt for the advance court fee is submitted.
Note: If the claimant is exempt from paying the advance court fee, the judge must accept the case immediately after receiving the petition and accompanying documents.
Step 4: Trial Preparation
Time limit for trial preparation
According to Clause 1 Article 203 of the Civil Procedure Code 2015, the time limit for preparing the case for trial is 04 months from the date the case is accepted.
For complicated cases or cases affected by force majeure or objective obstacles, the Chief Justice may extend this period for no more than 02 additional months.
If the case is temporarily suspended, the preparation period will be recalculated from the date the decision to continue resolving the case becomes legally effective.
Submission, disclosure of evidence, and mediation
The judge will organize a meeting to examine the submission, access, and disclosure of evidence and to conduct mediation between the parties. Before the meeting, the judge must notify the parties, their legal representatives, and their legal protection representatives about the time, location, and content of the meeting according to Clause 1 Article 208 of the Civil Procedure Code 2015.
Bringing the case to trial
Within 01 month from the date the decision to bring the case to trial is issued, the court must open the trial. If there is a legitimate reason, this period may be extended to 02 months according to Clause 4 Article 203 of the Civil Procedure Code 2015.
Step 5: First-Instance Trial
After the first-instance judgment is issued, the disputing parties have the right to appeal if they disagree with the judgment. The time limit for appeal against a first-instance judgment is 15 days, as stipulated in Clause 1 Article 273 of the Civil Procedure Code 2015.
According to Clause 2 Article 164 of the Housing Law 2023, the following types of housing contracts are not required to be notarized or certified, unless the parties request otherwise:
Organizations donating gratitude houses, charity houses, or solidarity houses; purchase or lease-purchase of houses that are public assets
Purchase or lease-purchase of houses where one party is an organization, including social housing, housing for the armed forces, or resettlement housing
Capital contribution using houses where one party is an organization
Contracts for renting, lending, allowing others to stay in the house, or authorizing management of the house
BKC Law provides legal services to assist individuals and businesses in resolving disputes related to house purchase and sale contracts in Binh Tan District. Our services help clients overcome legal obstacles in real estate transactions and protect their legitimate rights and interests.
With a team of experienced lawyers, BKC Law offers legal consultation, legal representation, and dispute resolution services through negotiation, mediation, or litigation in court. We focus on protecting clients’ rights by reviewing the legality of purchase contracts, ensuring complete legal documentation, and addressing issues related to ownership rights and payment obligations.
With deep knowledge of real estate law and practical experience in handling disputes in Binh Tan District, BKC Law is committed to providing effective and timely legal solutions, helping clients conduct real estate transactions with confidence.
Phone: 0901 333 341
Email: info@bkclaw.vn
District 1 Office
9th Floor, Diamond Plaza Building
34 Le Duan Street, Sai Gon Ward
Ho Chi Minh City
Binh Tan Office
41 Ten Lua Street
An Lac Ward
Ho Chi Minh City
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41