Applications and procedures for grant of certificates of conformity to sell and lease-purchase off-plan housing in Vietnam
According to Article 8 of Decree No. 96/2024/ND-CP , before signing contracts for sale or lease purchase of off-plan housing, an investor shall have a certificate of conformity for the sale or lease purchase of off-plan housing enclosed with an application.
The certificate of conformity for the sale or lease purchase of off-plan housing shall have the contents prescribed in Appendix XV enclosed with Decree No. 96/2024/ND-CP .
The application shall include the copies enclosed with the originals for comparison or e-copies with legal value or certified copies of the following documents:
- Documents prescribed in Clause 2 and Points a and b Clause 3 Article 24 of the Law on Real Estate Business 2023.
- Testing records on the completion of the construction of technical infrastructures of the respective project according to the progress of the accepted and approved project under construction laws.
In the case of an apartment building or a multipurpose building, there must be a testing record on the finished construction of the foundation under construction laws.
- Where the investor of the project on housing construction investment has mortgaged the off-plan housing or part of the project or the whole project, the determination of housing eligible for redemption shall comply with Clause 2 Article 183 of the Law on Housing 2023.
Procedures for grant of certificates of conformity to sell and lease-purchase off-plan housing:
- The investor shall send a notice enclosed with an application to a provincial real estate business authority where the project takes place.
- The provincial real estate business authority shall inspect the conditions of the off-pan housing of the real estate project to be put into business under the Law on Real Estate Business 2023 and provide a written reply to the investor regarding the eligibility of the off-plan housing for sale and lease purchase.
- In case of ineligibility for sale or lease purchase, the provincial real estate business authority shall answer and explain in writing and disclose the written reply on the web portal on the housing and real estate market. The written reply shall have the contents prescribed in Appendix XVI enclosed with Decree No. 96/2024/ND-CP .
- Where the provincial real estate business authority fails to provide the written reply within the prescribed time limit, the enterprise may file a lawsuit or complaint under the law.
- Implementation time: 15 days from the date the provincial real estate business authority receives the notice enclosed with the application from the investor.
Decree No. 96/2024/ND-CP comes into force as of August 1, 2024.
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