This article is part of Zagdim’s Vietnam property wiki series. It sets out the legal nature of car parking spaces attached to Vietnam condominiums, and how a parking space is handled when the unit is sold, for owners who hold a Vietnam condo with a parking space and are preparing to sell. For the full process of selling a property in Vietnam, see Zagdim’s guide to selling property in Vietnam as a foreign owner.
Why Parking Spaces Get Overlooked
When a unit is first bought, the parking space is usually just one clause in the apartment sale and purchase contract, or it sits in a separate contract altogether, and the owner does not always remember exactly what they signed. By the time the unit is sold, the buyer asks whether the parking space transfers with it and what the paperwork involves, and the contract clauses alone rarely give a complete answer. The answer has to be traced back to the original parking contract.
The Short Answer: Ownership or Usage Right?
Under the Housing Law (Luật Nhà ở 27/2023/QH15), Article 144, a car parking space is bought or leased by the condo owner, and that purchase or lease is recorded either in the apartment sale and purchase contract or in a separate contract. The law does not state that a car parking space is issued a separate ownership certificate. Whether a car parking space can carry its own certificate of ownership is not clearly spelled out in the current law and remains unconfirmed. In practice, car parking spaces are commonly handled through a developer’s “usage right transfer” contract, or through a clause inside the apartment sale and purchase contract. So the answer depends on how your own parking contract is written.
How the Housing Law Treats Condo Parking
Article 144, clause 2 of the Housing Law splits condo parking into two categories:
- Motorcycle, bicycle, tricycle, and accessible-vehicle spaces: held in common and shared use by all condo owners.
- Car parking spaces:
- Whether to buy or lease a car parking space is decided by the person buying or leasing the apartment.
- Any car parking space that is not sold or leased out is managed by the developer.
- The developer may not fold the construction cost of car parking spaces into the apartment sale price, and must disclose the cost of the parking spaces separately.
- Car parking spaces are offered to condo owners on a priority basis.
- Buying or leasing a car parking space is recorded in the apartment sale and purchase contract, or in a separate contract.
The developer is also required to hand over the floor plan of the parking area.
A 2018 Ministry of Construction guidance document stated that the certificate and sale registration for a car parking space follow the Land Law, and that a buyer of a parking space may only transfer or lease it to another owner or resident of the same building, or transfer it back to the developer. That guidance predates the 2023 Housing Law, and whether it still applies is unconfirmed.
Transferring the Parking Space When You Sell
The specifics, such as whether a supplementary agreement needs to be signed, whether the developer or the management unit must confirm the transfer, whether the management roster needs to be updated, and whether any fee applies, are not clearly stated in the current law and remain unconfirmed; they depend on the contract of the individual building. A seller can start with three steps:
- Pull the parking documents. Locate the original parking contract, or the parking clause inside the apartment sale and purchase contract.
- Check three things. Whether the document grants a “usage right” or outright ownership; whether the parking space is tied specifically to your unit; and what consent or fee the developer requires for a transfer.
- Confirm with the developer or the management unit. Before listing the property for sale, confirm whether management fees are paid up to date, and ask directly what conditions apply to transferring the parking space.
This point depends entirely on how your own parking contract is written.
What To Check Next
A parking space is only one part of selling a unit. For how the sale tax is calculated, see Zagdim’s guide to the taxes due when selling property in Vietnam, covering the 2% income tax, the sole-home exemption, and registration and notarization fees. For the buyer side, notarization, and remitting funds abroad, see Zagdim’s full guide to selling property in Vietnam as a foreign owner.
Vietnam Condo Parking Space FAQ
Is a separate ownership certificate issued for a car parking space in a Vietnam condo?
Article 144 of the Housing Law only states that a car parking space is bought or leased by the owner; it does not say that a separate certificate is issued. Whether a car parking space can carry its own certificate of ownership is not clearly stated in the current law and remains unconfirmed. This depends on your own parking contract.
Can an owner sell a Vietnam condo parking space to an outside buyer on its own?
A 2018 Ministry of Construction guidance document once stated that a parking space could only be transferred to another owner, resident, or the developer of the same building. That guidance predates the 2023 Housing Law, and whether it still applies is unconfirmed. Whether a standalone transfer is possible in practice depends on the parking contract and the developer’s own rules.
Does the motorcycle parking space also need to transfer with the unit?
Motorcycle, bicycle, tricycle, and accessible-vehicle parking spaces are held in common and shared use by all condo owners under Article 144 of the Housing Law.
Glossary
- Housing Law Article 144: The provision governing who holds, buys, and leases condo parking spaces.
- Usage right transfer contract: The contract commonly used in practice to handle car parking spaces, under which the developer transfers the right to use a parking space to the owner.
- Developer (chủ đầu tư): The party that invests in and builds the condominium, and that manages any car parking spaces that remain unsold or unleased.
- Management unit: The body responsible for the building’s day-to-day management.
About This Research
This article was compiled by Zagdim research. The legal provisions have been checked against the statutory text (Verified by Zagdim); market practice is marked separately. Data was checked as of October 8, 2026. The following points are not directly stated in the law and are listed as unconfirmed: whether a car parking space can carry a separate ownership certificate, the specific procedure for transferring a parking space together with a unit sale, and whether the 2018 Ministry of Construction guidance still applies. The 2018 Ministry of Construction guidance is cited as reported by a legal information website; the original page is no longer accessible. Handling a car parking space through a usage-right contract is noted as market practice.
Have a question about this guide? Leave a comment below, or ask Zagdim directly.
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Sources
- hethongphapluat.com – Housing Law (Luật Nhà ở 27/2023/QH15), Article 144
- LawNet – Guidelines for buying and selling car parking spaces in apartment buildings
- DAZPRO – Full text of Decree 95/2024/ND-CP
Important Notice
This article is a general information summary and does not constitute individual legal advice. Data was checked as of October 8, 2026. The rights and transfer conditions for a parking space are governed by the individual contract and the current announcements of the relevant Vietnamese authorities.
