|
MINISTRY OF
CONSTRUCTION
--------
|
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 19/2016/TT-BXD
|
Hanoi, June 30,
2016
|
CIRCULAR
GUIDELINES
FOR IMPLEMENTATION OF SOME CONTENT OF THE LAW ON HOUSING AND THE GOVERNMENT'S
DECREE NO. 99/2015/ND-CP
Pursuant to the Law on Housing dated November
25, 2014 (hereinafter referred to as the Law on Housing);
Pursuant to the Government's Decree No. 99/2015/ND-CP
dated October 20, 2015 on guidelines for implementation of some Articles of the
Law on Housing (hereinafter referred to as Decree No. 99/2012/ND-CP);
At the request of Director of Real Estate Market
and Housing Authority, the Minister of Construction promulgates a
Circular to provide guidelines for implementation of some content of the law on
housing and the Decree No. 99/2015/ND-CP.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Provisions for social
housing development, management and use of social housing not owned by the
State are not regulated by this Circular.
Article 2.
Regulated entities
1. Organizations, domestic
households and individuals, Vietnamese citizens residing overseas, foreign
entities relevant to develop, management, use, transaction of houses and house
ownership in Vietnam.
2. Housing authorities.
Article 3.
Formulation of local housing development plans/programs
1. The People’s Committees of
provinces shall provide funding from their provincial budgets to formulate
local housing development plans/programs in accordance with Decree No.
99/2012/ND-CP and this Circular.
2. Funding for formulation of a
housing development program/plan includes cost of formulation, assessment,
management and announcement of the program/plan exclusive of VAT and cost of
selection of a consultancy unit.
3. Funding for formulation of a
local housing development plan/program is determined according to the formula
below:
CT
= C1 + C2
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CT : total cost of
formulation, assessment, management and announcement of the housing development
program.
C1: total cost of
formulation of the housing development program, which is determined as follows:
C1=
Cchuẩn x H1 x H2 x K
Where:
Cchuẩn = 400 million
VND: standard cost of formulation of a local housing development program (for
an area of 1000 km2); the cost is determined in accordance with Clause
2 Article 3 of Decree No. 99/2012/ND-CP.
H1: Factor of
working conditions and level of socio-economic development of the area
according to Table 02 of Appendix 01 enclosed herewith.
H2: Factor of
natural area according to Table 03 of Appendix 01 enclosed herewith.
K: average consumer price
factor. At the time of promulgation of this Circular, K = 1; In case of
adjustment of K by a competent authority:
K = 0.5 x (1 + K1).
K1 is average consumer price factor which equals (=) consumer price index
published by the State at that time divided by (:) consumer price index at the
time of promulgation of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Funding for study revisions
to a local housing development program depends on the revisions and shall not
exceed 60% of the total funding for formulation of a new housing development
program specified in Clause 4 of this Article.
Limits on funding for revisions
to local housing development programs are specified in Table 01 of Appendix 01
enclosed herewith.
5. Funding for formulation of a
local housing development plan:
a) Funding for formulation of a
5-year housing development plan or housing development plan of the first year
of a program shall not exceed 50% of the total funding for formulation of a new
housing development program;
b) Funding for formulation of
an annual housing development plan (except for that of the first year of a
program) shall not exceed 20% of the total funding for formulation of a new
housing development program.
Chapter
II
HOUSING DEVELOPMENT
Section 1.
SOME PROVISIONS FOR HOUSING DEVELOPMENT
Article 4.
Procedures for requesting the Prime Minister to approve investment guidelines
of a housing project
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. An investor is not
identified:
a) The Department of
Construction of the province where the project is located shall cooperate with
relevant agencies in preparing an application as specified in Clause 2 Article
10 of Decree No. 99/2012/ND-CP and a written request according to the form in
Appendix 02 enclosed herewith and send them to the People’s Committee of the
same province, which will send the documents to the Ministry of Construction
for appraisal. Contents about planning, drawings in the application shall
comply with regulations of law on construction planning and urban planning. The
request form to be submitted to the Ministry of Construction is provided in
Appendix 03 enclosed herewith;
b) The Ministry of Construction
shall carry out appraisal and submit a request to the Prime Minister for
approval for investment guidelines of the project in accordance with Point a
Clause 3 Article 10 of Decree No. 99/2012/ND-CP; the form of the request to be
submitted to the Prime Minister is provided in Appendix 04 enclosed herewith.
2. An investor is identified:
a) The investor shall submit an
application as specified in Clause 2 Article 10 of Decree No. 99/2012/ND-CP to
the Department of Construction of the province where the project is located;
Contents about planning, drawings in the application shall comply with
regulations of law on construction planning and urban planning.
b) Within 03 working days from
the receipt of the satisfactory application, the Department of Construction
shall request relevant regulatory bodies to offer their opinions about the
project. The asked agencies shall offer their ex officio opinions in writing
about the project within 15 working days from the receipt of the request for
opinion.
c) Within 25 working days from
the receipt of the satisfactory application, the Department of Construction
shall submit it and a request to the People’s Committee of the province, which
will request the Ministry of Construction to appraise it. The request form to
be submitted to the Ministry of Construction is provided in Appendix 03
enclosed herewith;
d) The Ministry of Construction
shall carry out appraisal and submit a request to the Prime Minister for
approval for investment guidelines of the project in accordance with Point a
Clause 3 Article 10 of Decree No. 99/2012/ND-CP; the form of the request to be
submitted to the Prime Minister is provided in Appendix 04 enclosed herewith.
Article 5.
Procedures for requesting the People’s Committee of a province to approve
investment guidelines of a housing project
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) An investor is not
identified:
- a) The Department of
Construction of the province shall cooperate with relevant regulatory bodies in
preparing an application as specified in Clause 2 Article 10 of Decree No.
99/2012/ND-CP and send it to the People’s Committee, which will request the
People’s Council of the same province to offer opinions; Contents about
planning, drawings in the application shall comply with regulations of law on
construction planning and urban planning.
- Within 07 working days from
the receipt of opinions from the People’s Council, the People’s Committee shall
issue a written approval for investment guidelines according to the form in
Appendix 05 enclosed herewith; if the application is rejected, a written notice
which contains explanation shall be sent to the Department of Construction.
b) An investor is identified:
- The investor shall submit an
application as specified in Clause 2 Article 10 of Decree No. 99/2012/ND-CP to
the Department of Construction of the province where the project is located;
Contents about planning, drawings in the application shall comply with
regulations of law on construction planning and urban planning;
- Within 03 working days from
the receipt of the satisfactory application, the Department of Construction
shall request relevant regulatory bodies to offer their opinions about the project.
The asked bodies shall offer their ex officio opinions in writing about the
project within 15 working days from the receipt of the request for opinion.
- Within 25 working days from
the receipt of the satisfactory application, the Department of Construction
shall submit it and a request to the People’s Committee of the province, which
will request the People’s Council of the same province to provide opinions.
- Within 07 working days from
the receipt of opinions from the People’s Council, the People’s Committee shall
issue a written approval for investment guidelines according to the form in
Appendix 05 enclosed herewith; if the application is rejected, a written notice
which contains explanation shall be sent to the Department of Construction and
the investor.
2. Procedures for requesting
the People’s Committee of a province to approve investment guidelines of a
housing project specified in Clause 6 Article 9 of Decree No. 99/2012/ND-CP:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The Department of Construction
of the province shall cooperate with relevant regulatory bodies in preparing an
application for approval for investment guidelines as specified in Clause 2
Article 10 of Decree No. 99/2012/ND-CP and send it to the People’s Committee of
the same province; Contents about planning, drawings in the application shall
comply with regulations of law on construction planning and urban planning;
- Within 07 working days from
the receipt of the application from the Department of Construction, the
People’s Committee shall issue a written approval for investment guidelines
according to the form in Appendix 05 enclosed herewith; if the application is
rejected, a written notice which contains explanation shall be sent to the
Department of Construction.
b) An investor is identified:
- The investor shall submit an
application as specified in Clause 2 Article 10 of Decree No. 99/2012/ND-CP to
the Department of Construction of the province where the project is located;
Contents about planning, drawings in the application shall comply with
regulations of law on construction planning and urban planning;
- Within 03 working days from
the receipt of the satisfactory application, the Department of Construction
shall seek opinions about the project from relevant regulatory bodies. The
asked agencies shall offer their ex officio opinions in writing about the
project within 15 working days from the receipt of the request for opinion.
- Within 25 working days from
the receipt of the satisfactory application, the Department of Construction
shall submit it and a request to the People’s Committee of the province for
approval.
- Within 07 working days from
the receipt of the application and request from the Department of Construction,
the People’s Committee shall issue a written approval for investment guidelines
according to the form in Appendix 05 enclosed herewith; if the application is
rejected, a written notice which contains explanation shall be sent to the
Department of Construction and the investor.
Article 6.
Appraisal by housing authorities of housing projects specified in Clause 2 and
Clause 3 Article 9 of Decree No. 99/2012/ND-CP
1. The appraising authority
shall send a document enclosed with the application for investment guidelines
to the Ministry of Construction and the Department of Construction for
appraisal of housing contents.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Necessity of the housing
project;
b) Ratios and quantities of
types of houses (apartments, villas, detached houses); total housing floor
area;
c) Construction of technical
and social infrastructure, public and private parking areas for households and
individuals living within the project area;
d) Land area for social housing
and houses for rent as prescribed by the Law on Housing; method for management
or franchise of management of technical infrastructure of the project after the
construction is completed;
dd) Responsibility of the local
government and investor for execution of the project, construction of social
infrastructure, unless it already has social infrastructure.
Article 7.
Application for registration of investor in a commercial housing project
1. An application for
registration of investor in a commercial housing project consists of:
a) An application form which
specifies the investor’s name, address, proposals, and estimated project
schedule;
b) Certified true copies or
copies enclosed with the original certificate of enterprise registration or
investment registration certificate and documents proving sufficient capital
for real estate business (charter capital) prescribed by regulations of law on
real estate business;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Where an investor is
appointed as prescribed in Clause 2 Article 18 of Decree No. 99/2012/ND-CP, the
investor has to submit documents proving his/her lawful land use right in
addition to the documents specified in Clause 1 of this Article.
Article 8.
Procedures for selection of investor in a commercial housing project
1. Procedures for selection an
investor in the case specified in Point a Clause 1 Article 18 of Decree No.
99/2012/ND-CP:
a) Procedures for land use
right auction shall comply with regulations of law on auction and land;
b) If the auction result is to be
approved by the People’s Committee of the province, the written approval for
auction result shall contains certification that the successful bidder is the
investor in the housing project; 01 copy of such document shall be sent to the
Department of Construction;
c) If the auction result is to
be approved by an agency other than the People’s Committee of the province, the
approving agency shall send a written request, the auction result and legal
documents of the successful bidder to the People’s Committee of the province
for certification of investor in the housing project. Within 05 working days
from the receipt of the aforesaid documents from the approving agency, the
People’s Committee of the province shall issue a certification that the
successful bidder is the investor in the housing project; 01 copy of such
document shall be sent to the Department of Construction.
2. For investor selection
specified in Point b Clause 1 Article 18 of Decree No. 99/2012/ND-CP, the
Department of Construction shall organize investor selection in accordance with
regulations of law on bidding and request the People’s Committee of the
province to issue a certification of investor according to the form in Appendix
06 enclosed herewith.
3. Where an investor is
qualified for the role of investor in a project as specified in Clause 2
Article 18 of Decree No. 99/2012/ND-CP:
a) Such investor shall submit
01 application specified in Article 7 of this Circular to the Department of
Construction of the province where the project is located;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The People’s Committee of
the province shall establish a group of expert to evaluate the investor’s
capacity in the case specified in Clause 3 of this Article. The expert group
consists of representatives from the Department of Construction, Department of
Natural Resources and Environment, Department of Planning and Investment,
Department of Finance, Planning and Architecture Department (if any).
Article 9.
Raising capital for commercial housing development
1. Point b Clause 2 Article 19
of Decree No. 99/2012/ND-CP shall apply to raising capital by collecting
advances from buyers or tenants under contracts to buy or lease off-the-plan
housing specified in Clause 3 Article 29 of the Law on Housing
Conditions for sale and lease
purchase off-the-plan housing are specified in Clause 1 Article 55 of the Law
on Real estate business. Completion of the foundation and foundation beam of a
housing project or floor elevation of the lowest floor (including multipurpose
houses) is considered completion of lowest floor of such project.
In case where the investor
applies of top-down method (building upper floors before the foundation and
foundation beam or the lowest floor) according to an approved drawing, the
completion of the first floor is considered completion of the foundation under
normal method.
2. An application sent to the
Department of Construction for announcement of fulfillment of conditions for
raising capital specified in Clause 3 Article 19 of Decree No. 99/2012/ND-CP
consists of:
a) A written request for
announcement of fulfillment of conditions for raising capital;
b) Certified true copies of the
decision on investment guidelines or approval for investment guidelines issued
by a competent authority; a decision on approval enclosed with the project
documents according to construction and housing laws;
c) A written confirmation by a
competent authority of completion of land clearance on schedule;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A capital contribution
contract, investment cooperation contract, or business cooperation contract
specified in Clause 3 Article 19 of Decree No. 99/2012/ND-CP shall specify:
a) Names and addresses of parties
to the contract;
b) Capital raising method;
c) Necessary amount of capital
to be raised; capital mobilization periods;
d) Profit distribution method;
dd) Time limit for capital
reimbursement;
e) Rights and obligations of
the parties;
g) Dispute settlement;
h) Other arrangements.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section 2.
OFFICIAL RESIDENCE DEVELOPMENT
Article
10. Procedures for determination of residence demand and approval for official
residence development plan
1. Procedures for determination
of residence demand and approval for official residence development plan of a
central agency (except for those of the Ministry of National Defense and the
Ministry of Public Security):
a) Each central agency shall
conduct 5-year and annual surveys into demand for official residences according
to the form in Appendix 07 enclosed herewith and send them to the Ministry of
Construction for appraisal. A 5-year official residence development plan (2016
– 2020) shall be sent to the Ministry of Construction before September 30,
2016; the next 5-year plans shall be sent before October 31 of the year
preceding the planning period; an annual official residence development plan
shall be sent before October 31 of the year preceding the planning year. The
Ministry of Construction shall finish appraising within 60 days from the
receipt of proposal for official residence demand from a central agency;
b) In consideration of
consolidated demand for official residence of central agencies, the Ministry of
Construction shall develop a plan for development of official residences of
central agencies and submit it to the Prime Minister for consideration. After
such plan is approved by the Prime Minister, the Ministry of Construction shall
send it to relevant bodies for implementation.
2. Procedures for determination
of residence demand and approval for official residence development plan of the
Ministry of National Defense and the Ministry of Public Security:
a) The Ministry of National
Defense or the Ministry of Public Security shall conduct survey into demand for
official residence and develop its own plan for official residence development,
and request the Ministry of Construction to offer opinions before submitting
such plan to the Prime Minister;
b) After the Ministry of
Construction offers its opinions, the Ministry of National Defense or the
Ministry of Public Security shall complete the plan and submit it to the Prime
Minister for consideration. After the plan is approved by the Prime Minister,
the Ministry of National Defense or the Ministry of Public Security shall
implement and send it to the Ministry of Construction for monitoring.
3. Procedures for determination
of residence demand and approval for official residence development plans of
local governments:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The People’s Committee of
the province shall consider, approve, and provide instructions on
implementation of the local official residence development plan, and send it to
the Ministry of Construction for monitoring according to the form in Appendix
07a enclosed herewith.
Article
11. Documentation and procedures for selection of a real estate enterprise as
investor in an official residence project
1. An application of the real
estate enterprise for selection as investor in an official residence project
consists of the documents specified in Article 7 of this Circular and
regulations of law on PPP investment.
2. The selection of a real estate
enterprise as investor in an official residence project specified in Clause 1
of this Article shall comply with regulations of law on PPP investment and
relevant laws.
Chapter
III
MANAGEMENT AND USE OF
STATE-OWNED HOUSES
Section 1.
MANAGEMENT AND USE OF STATE-OWNED RELOCATION HOUSES
Article
12. Application and contract for sale, lease, lease purchase of relocation
house
1. The form of application for
sale, lease, lease purchase of relocation house is provided in Appendix 08
enclosed herewith. The form of contract for sale, lease, lease purchase of
relocation house is provided in Appendix 19, 20 and 21 enclosed herewith.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Minimum duration of a
relocation house lease purchase contract is 05 years.
Article
13. Determination of rent for relocation house
1. The rent for a relocation
house comprises construction cost, land levies or land rent, maintenance cost
(only applied to houses for lease) and VAT.
2. Calculation of rent for a
relocation house:
Gt
=
Vđ + Vsdđ + Bt
x K x (1+GTGT)
12
Where:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Vđ: annual total pretax
reasonable cost of construction per 1 m2 prescribed by regulations
of law on management of investment and construction. In case of lease purchase,
the Vđ shall not include the first installment agreed under the
contract.
The basis for determination of
Vđ varies according to the investment method:
- Where the State directly
invest state capital in construction of relocation houses specified in Clause 3
Article 36 of the Law on Housing or use of social houses as relocation houses:
Vđ shall be determined according to the investment value in
the financial statement approved by a competent authority; if the financial
statement has not been approved, Vđ shall be determined according to
construction cost in the total construction investment approved by a competent
authority.
- Where the State invests in
construction of relocation houses under a Build-Transfer (BT) contract: Vđ
shall be determined according to the contractual price or final price after the
BT contract is finalized.
- Where the State purchases
commercial houses as relocation houses: Vđ shall be determined
according to buying prices of commercial houses under the sale contract with
the investor in the commercial housing project.
c) Vsdđ: Annual land
levy or land rent for 01 m2 of housing prescribed by land laws.
- Where the State directly
invest state capital in construction of relocation houses specified in Clause 3
Article 36 of the Law on Housing or use of social houses as relocation houses
or under a BT contract where the contractual price or final price does not
include land levies, Vsdđ shall be determined according to land
prices imposed by the People’s Committee of the province;
- Where the State purchases
commercial houses as relocation houses or invest in construction of relocation
houses under a BT contract where the contractual price or final price is
inclusive of land levies, Vsdđ shall be zero (0);
d) Bt: annual
maintenance cost per 1 m2. For lease purchase , Bt = 0;
buyer/tenant shall pay maintenance cost in accordance with Article 108 of the
Law on Housing.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) GTGT: VAT determined in
accordance with tax laws.
g) 12: 12 months in a year.
3. The rent calculated in
Clause 2 of this Article is exclusive of management cost, which is paid by the
buyer/tenant to the management unit as prescribed.
Section 2.
MANAGEMENT AND USE OF STATE-OWNED SOCIAL HOUSES
Article
14. Documents proving eligibility for purchase, lease purchase of state-owned
social houses
A tenant or buyer/tenant of a
state-owned social house shall prepare an application according to the form in
Appendix 09 enclosed herewith and the following documents:
1. Documents proving
eligibility:
a) An entity specified in Clause
1 Article 49 of the Law on Housing shall submit a certification according to
Appendix 13 enclosed herewith;
b) An entity specified in
Clause 4, 5, 6 or 7 Article 49 of the Law on Housing shall submit a
certification according to Appendix 14 enclosed herewith;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) An entity specified in
Clause 10 Article 49 of the Law on Housing shall submit a certification
according to Appendix 16 enclosed herewith.
2. Documents proving
eligibility for residence and social insurance:
a) A person who has permanent
residence in a province where the social house is located shall submit a
certified true copy of the permanent residence book or certificate of
registration of collective residence;
b) A person who does not have a
permanent residence as specified in Point a of this Clause shall submit the
following documents:
- Certified true copies of the
certificate of at least 01 year’s temporary residence registration;
- An employment contract of at
least 01 year up to the time of submission of the application and a written
certification from an insurance authority that he/she is paying social
insurance contributions in the province where the social house is located. If
such person is working for a branch or representative office in the province
where the social house is located and pay social insurance contributions in
another province where the headquarters is located, it is required to have a
written certification of social insurance payment from the headquarters.
3. Documents proving sufficient
income:
a) An entity specified in
Clause 5, 6 or 7 Article 49 of the Law on Housing shall submit a certification of
sufficient income and living conditions according to Appendix 14 enclosed
herewith; if a certification of eligibility and living conditions has been
obtained before the effective date of this Circular, only certification of
sufficient income according to Appendix 17 of this Circular is required.
b) An entity specified in
Clause 4, 5, 6 or 7 Article 49 of the Law on Housing who has resigned his/her
job or retired shall prepare a declaration of income himself/herself according
to Appendix 18 of this Circular (without certification). If a certification of
eligibility and living conditions has been obtained before the effective date
of this Circular, only declaration of income is required.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
15. Documents proving eligibility for exemption or reduction of rents for
state-owned social houses
Documents proving eligibility
for exemption or reduction of rent for state-owned social houses are the same
as those proving eligibility for exemption or reduction of rent for old
state-owned houses specified in Article 23 of this Circular.
Article
16. Criteria for selection of people eligible for purchase and lease purchase of
state-owned social houses
1. Article 49 and Article 51 of
the Law on Housing and Article 14 of this Circular shall apply to selection of
people eligible for purchase and lease purchase of state-owned social houses.
In case available social houses are not adequate for all eligible people, the
grading system specified in Clause 2 of this Article shall be applied. A person
who has a higher grade will be given priority over another who has a lower
grade.
2. Grading system and
corresponding criteria:
STT
Criterion
Grade
1
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A person who owns no house.
- A person who owns a house
that is damaged or whose average housing area under 10 m2/person
40
30
2
Groups:
- Group 1 (Clauses 1, 8 and 10
Article 49 of the Law on Housing).
- Group 2 (Clauses 5, 6 and 7
Article 49 of the Law on Housing).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
40
30
0
3
Other criteria:
- A household having at least
02 people of Group 1.
- A household having 1 person
of Group 1 and at least 01 person of Group 2 or 3.
- A household having at least
02 people of Group 2 or 3.
Note: If a household or individual satisfies more than one criteria, the
criterion that has the highest grade shall apply.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10
7
4
4
Criterion established by the
People’s Committee of the province (if any)
10
3. According to the rules and
grading system specified in Clause 1 and Clause 2 of this Article, the owner’s representative
agency or housing management authority (if authorized) shall specify the
criteria for selection of people eligible for lease and lease purchase of
state-owned social houses under their management.
4. A housing management
authority may establish a council, which comprises representatives from
relevant local agencies) to process documents or directly process the
applications in a manner that ensure transparency and conformity with the rules
and criteria specified in this Article.
5. The forms of contracts for
lease and lease purchase of state-owned social houses are provided in Appendix
20 and Appendix 21 enclosed herewith.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The rent for a state-owned
social house specified in Clause 1 Article 55 of Decree No. 99/2012/ND-CP
comprises construction cost, land levies or land rent, maintenance cost (only
applied to house lease) and VAT, exclusive of land levies, land rents, and
management cost.
Section 3 of this Chapter shall
apply to state-owned social houses leased out to students.
2. Calculation of rent for a
state-owned social house:
Gt
=
Vđ + Bt
x K x (1+GTGT)
12
Where:
a) Gt: monthly rent
for 01 m2 (VND/m2/month).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The basis for determination of
Vđ varies according to the investment method specified in Clause 1
Article 53 of the Law on Housing:
- In case of direct state
capital investment in construction of social houses specified in Clause 1
Article 53 of the Law on Housing: Vđ shall be determined
according to the investment value in the financial statement approved by a
competent authority; if the financial statement has not been approved, Vđ
shall be determined according to construction cost in the total construction
investment approved by a competent authority.
- Where the State invests in
construction of social houses under a BT contract: Vđ shall be
determined according to the contractual price or final price after the BT
contract is finalized. If such price is inclusive of land levies, land levies
shall be deducted from Vđ.
c) Bt: annual
maintenance cost per 1 m2. For lease purchase of social houses, Bt
= 0; buyer/tenant shall pay maintenance cost in accordance with Article 108 of
the Law on Housing.
d) K: floor coefficient which
is a weighted mean so that the sum of coefficients of floors of a building is
1.
dd) GTGT: VAT determined in
accordance with tax laws.
e) 12: 12 months in a year.
3. According to Clause 1 and
Clause 2 of this Article, the housing management authority shall cooperate with
a finance authority at the same level in proposing rents for state-owned social
houses under their management to the owner’s representative agency.
Section 3.
MANAGEMENT AND USE OF STATE-OWNED SOCIAL HOUSES FOR RENT FOR STUDENTS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. State-owned social houses
for rent for students are hereinafter referred to as student housing. The lease
term varies according to each student’s need but shall not be shorter than 01
year and not longer than the student’s study duration.
2. The following procedures
shall apply to student housing invested by the State from June 10, 2009
(effective date of the Prime Minister’s Decision No. 65/2009/QD-TTg):
a) A student who wishes to take
out a lease shall submit an application form according to Appendix 10 enclosed
herewith and copies of documents proving priority (if any) to:
- The educational institution
at which he/she is studying, which shall receive and process applications,
compile a list of students and send it to the student housing management
authority;
- The student housing
management unit (hereinafter referred to as managing unit)after a certification
is granted by his/her educational institution.
b) According to the list of
students who wish to lease houses, the managing unit shall grant leases
according to available housing quantity and in order of priority prescribed in
Clause 1 Article 52 of Decree No. 99/2012/ND-CP;
c) Grant of leases shall be
considered within 30 days from the day on which the managing unit receive the
applications, list and relevant documents.
Where a student is not eligible
to take out a lease or available student housing is not adequate, he/she must
be informed in writing.
3. For student housing invested
by the State before June 10, 2009 under the management of educational
institutions, they shall ex officio decide their leases and management.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The student housing
management authorities (for student housing under management of Ministries and
central regulatory bodies) or Departments of Construction (for student housing
under management of the People’s Committee of the province) shall impose rents
for student housing under their management in accordance with this Article and
Article 20 of this Circular, then request the owner’s representative agency to
decide in accordance with Clause 1 Article 55 of Decree No. 99/2012/ND-CP. The
owner’s representative agency may authorize a student housing management authority
to decide the rents.
2. Revenues from student
housing rents and provision of services therein shall be recorded and spent in
accordance with law; revenues from service provision (if any) minus (-)
operational cost shall be used to covered the management cost and maintenance
cost with an aim to reduce student housing rents.
Article
20. Determination of student housing rents
1. Student housing rent is
inclusive of management cost and maintenance cost, exclusive of construction
cost, land levies and land rents.
2. Calculation of student
housing rent:
Gt
=
Ql + Bt - Tdv
x K
10 x S
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Gt: monthly rent
for 01 m2 (VND/m2/month).
- Ql: annual
management cost per 01 m2 (VND/year)
- Bt: annual
maintenance cost per 01 m2 (VND/year).
- Tdv: revenue from
provision of services such as parking, food and drink, other revenues (if any)
(VND/year).
- S: total area for lease (m2).
- K: floor coefficient which is
a weighted mean so that the sum of coefficients of floors of a building is 1.
- 10: 10 months in a year.
Article
21. Student housing management
1. The owner’s representative
agency shall select a managing unit or authorize the housing management
authority to do so. In case of maintenance, renovation, reconstruction of
student housing, the managing unit shall submit the maintenance, renovation,
reconstruction plan to the owner’s representative agency for approval.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Rights and obligations of
the internal management board:
a) Disseminate rules and
regulations established by the managing unit among students; prevent and report
violations committed within the student housing area;
b) Organize cleaning,
environmental, cultural, and sports activities in the student housing area;
c) Submit annual reports to the
managing unit on the use of the houses and students’ proposals regarding issues
related to student housing management.
Section 4.
LEASING STATE-OWNED OLD HOUSES
Article
22. Application and contract for lease of a state-owned old house
1. The application form is
provided in Appendix 11 enclosed herewith.
2. The model contract is
provided in Appendix 20 enclosed herewith.
Article
23. Documents proving eligibility for exemption or reduction of rent for
state-owned old houses
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A disabled person or lonely
elder shall have a written confirmation issued by a competent authority as
prescribed by regulations of law on the disabled and social protection
beneficiaries.
3. A poor household or
near-poverty household in an urban area shall have a written confirmation
issued by the People’s Committee of the commune where he/she permanently
resides or has temporarily resided for at least 01 year;
Section 5.
SELLING STATE-OWNED OLD HOUSES
Article
24. Procedures for selling state-owned old houses
1. The buyer of an old house
shall prepare 01 application according to Clause 1 Article 69 of Decree No.
99/2012/ND-CP. Procedures for selling old houses are specified in Clause 2
Article 69 of Decree No. 99/2012/ND-CP.
2. The application form for
purchase of a state-owned old house is provided in Appendix 12 enclosed
herewith.
3. The model contract for
purchase of a state-owned old house is provided in Appendix 22 enclosed
herewith.
Article
25. Selling prices for state-owned old houses renovated by the State
In case of an state-owned old
house which has been renovated by the State, the old price specified in Article
65 and Article 70 of Decree No. 99/2012/ND-CP shall apply to the area written
in the lease contract before renovation; selling price for the additional area
after renovation (if any) shall ensure recovery of construction cost.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The method for determination
of remaining value of state-owned old houses sold to tenants as prescribed in
this Circular are specified in Circular No. 13/LB-TT dated August 18, 1994.
2. Classification of old houses
and calculation of their areas as the basis for determination of selling prices
are specified in Circular No. 05-BXD/DT dated February 09, 1993 of the Ministry
of Construction.
3. Value coefficients of
state-owned old houses:
a) Value coefficients of
various types of houses except for those specified in Point b of this Clause:
- Single-story house and 1st
floor:
1.2
- 2nd floor:
1.1
- 3rd floor:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- 4th floor:
0.9
- 5th floor:
0.8
- From 6th floor:
0.7
b) Value coefficients of
multi-family townhouses for more than one household:
- 1st floor: 1.0
- 2nd floor: 0.8
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- 4th floor: 0.6
- 5th floor: 0.5
- From 6th floor: 0.4
c) Coefficients of floors upon
transfer of land use right:
Coefficient
1st floor
2nd floor
3rd floor
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5th floor
From 6th floor
2 stories
0.7
0.3
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
0.7
0.2
0.1
4 stories
0.7
0.15
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
0.05
5 or more stories
0.7
0.15
0.08
0.05
0.02
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
For a detached house which has
a mezzanine, coefficient = 0.7.
When selling an apartment of a
state-owned old apartment building with closed structure, land levy distributed
to each apartment in the apartment building shall be multiplied by (x) 1.4;
this coefficient does not apply to multi-family townhouses.
Article 27.
Documents proving eligibility for exemption or reduction of prices for
state-owned old houses; reduction levels
1. Any buyer of an old house
who is eligible for exemption or reduction of land levies as prescribed in Clause
1 Article 67 of Decree No. 99/2012/ND-CP shall have supporting documents
similarly to those required for exemption or reduction of rents for state-owned
old houses specified in Article 23 of this Circular.
2. Any buyer of an old house
who is eligible for reduction of land shall have any of the following
documents:
a) A document proving the
buyer’s seniority at his/her current workplace;
b) A written confirmation from
the social insurance authority of the district that the buyer is living on
pension or compensation for loss of capacity for work or occupational diseases
or other occupational benefits as prescribed by law;
c) Certified true copy of the
decision on resignation and provision of lump sum social insurance benefits,
severance pay before and after the promulgation of Decision No. 111/HDBT dated
April 12, 1991 of Minister Council and after the promulgation of the Labor Code
1995, demobilization pay. If such decision is lost, a declaration of career
certified by the former employer is required;
d) Documents specified in
Article 23 of this Circular if the buyer is a war veteran, poor household,
near-poverty household, disabled person, lonely elder, or a person facing
extreme housing difficulty in an urban area.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) If the buyer is a war
veteran, exemption or reduction of land levies shall be granted pursuant to:
- The Prime Minister’s Decision
No. 118/TTg dated February 27, 1996;
- The Prime Minister’s Decision
No. 20/2000/QD-TTg dated February 03, 2000;
- The Prime Minister’s Decision
No. 117/2007/QD-TTg dated July 25, 2007.
b) If the buyer is a disabled
person or lonely elder or member of a poor household or near-poverty household
in an urban area, exemption or reduction of land levies shall be granted
pursuant to Clause 1 Article 68 of Decree No. 99/2012/ND-CP.
In case of a poor household or
near-poverty household or household having a disabled person, 60% reduction of
land levies shall apply to the whole household. Example: Mr. A’s household is a
poor household with 3 members who have a lease contract. When he buys a house,
he will be given 60% reduction of land levies. Mr. B’s household is a poor
household and has 02 members who are disabled. The whole Mr. B’s household will
be given 60% reduction in land levies when buying an old house.
c) The grant of land levy
exemption and reduction when selling state-owned old houses to the entities
specified in Point a and Point b of this Clause only apply within the limited
area specified in the People’s Committee of the province.
4. Reduction in selling prices
for state-owned old houses by seniority:
a) For each year’s working, the
buyer will be given a reduction of 0.69 times the minimum wage of officials and
public employees or 1.24 times the minimum wage of servicemen.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Share area in a multi-family
townhouse specified in Clause 1 Article 71 of Decree No. 99/2012/ND-CP shall be
dealt with as follows:
1. The shared area shall be
sold when all of the following conditions are satisfied:
a) The organization, household
or individual that wishes to by the shared area is the owner of the entire
housing area that has been sold by the State (which has a land use right
certificate);
b) The organization, household
or individual that is the owner of the entire housing area sold submits a
written application for purchase of the shared area;
c) The shared area is not in
dispute.
2. Rents and land levies for
shared areas are specified in Clause 1 Article 71 of Decree No. 99/2012/ND-CP;
no exemption or reduction of land levies on shared areas shall be granted.
Chapter
IV
OWNERSHIP OF HOUSING IN
VIETNAM BY FOREIGN ENTITIES
Article
29. Determination of quantity of houses of a housing project in Vietnam foreign
entities may own
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Determination of quantity of
detached houses (including row houses, independent houses, villas) foreign
entities may own:
a) If there is only 01 housing
project in an area whose population is equivalent to that of a ward, foreign entities
may own up to 10% of the houses or 250 houses of such project, whichever comes
first. If there are more than one project is such area, foreign entities may
own up to 10% detached houses of each project and up to 250 houses of all the
projects.
b) If there are more than one
housing project in an area whose population is equivalent to that of a ward and
the quantity of detached houses owned by foreign entities has reached the limit
specified in Point a of this Clause, detached houses of any other project
within such area may not be sold to foreign entities.
3. Population of a housing
project depends on the construction planning scheme approved by a competent
authority. A ward’s population is determined according to regulations of law on
organization of local governments.
Article
30. Reporting ownership of housing in Vietnam by foreign entities
1. The Departments of
Construction shall submit biannual and annual reports or irregular reports to
the Ministry of Construction on house ownership by foreign entities in their
provinces.
2. Issuers of the Land use
right certificates (hereinafter referred to as Certificates) shall submit a
report to the Ministry of Construction, the Ministry of Natural Resources and
Environment issuance of such certificates to foreign entities owning houses in
Vietnam according to the form in Appendix 23 enclosed herewith.
Article
31. Management of lease of houses to foreign entities
1. Before signing a lease
contract, the foreign owner of the house shall send a notification to the
housing authority of the district where the house is located. The notification
shall specify the owner’s name, address of the house, lease term, copies of the
certificate of the house and its purpose.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The housing authority shall
notify the tax authority and submit biannual and annual reports to the
Department of Construction on house lease by foreign entities in the province;
the Department of Construction shall submit a report to the People’s Committee
of the province and the Ministry of Construction.
Chapter V
TRANSFER OF COMMERCIAL
HOUSE SALE CONTRACT
Article
32. Conditions for transfer of a commercial house sale contract
1. The buyer of a house of the
investor in a commercial housing project may transfer the sale contract to
another entity as long as the application for the Certificate has not been
submitted to a competent authority, whether the house has been received or not.
2. The transferee of the
commercial house sale contract may transfer it to another entity as long as the
application for the Certificate has not been submitted to a competent
authority.
3. The transfer of such
contract shall only apply to separate house or apartment. If the contract
covers more than one apartment or house, all the apartments or houses in the
contract shall be transferred. If the transferor wishes to transfer one or some
of the houses, the transferor shall make out a new sale contract or appendix to
the contract before following contract transfer procedures.
Article
33. Procedures for transfer of a commercial house sale contract
1. The transferor and
transferee shall make out an agreement on transfer of the sale contract in
accordance with Article 34 of this Circular. The transfer agreement shall be
made into 06 copies (03 copies submitted to the investor, 01 copy to the tax
authority, 01 copy kept by the transferor, 01 copy by the transferee); If the
transfer agreement has to be notarized or authenticated, another copy shall be
kept by the notary or authenticating body.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) If the transferor is not an
enterprise or cooperative licensed to trade in real estate as prescribed by
regulations of law on real estate trading, the transfer agreement must be
notarized or authenticated. Application for notarization or authentication:
- 07 original copies of the
transfer agreement;
- The original sale contract
with the investor in the commercial housing project. From the second transfer
agreement, it is required to have original copies of previous transfer agreement(s).
If only one or some of the houses in the original contract is transferred, the
certified true copy of the original contract and original copy of its appendix
shall be submitted;
- Certified true copies or
copies enclosed with originals of the unexpired ID card or passport of an
individual; decision on establishment or certificate of registration of an
organization;
- Other documents prescribed by
regulations of law on notarization and authentication. The notary or
authenticating body shall notarize or authenticate the transfer agreement in
accordance with regulations of law on notarization and authentication.
b) If the transferor is an
enterprise or cooperative licensed to trade in real estate, notarization and
authentication of the transfer agreement is optional. If the transfer agreement
has to be notarized or authenticated, provisions of Point a Clause shall apply.
3. After all taxes, fees and
charges for transfer of the contract is fully paid, the transferee shall submit
an application requesting confirmation by the investor of the transfer
agreement.
a) The application for
confirmation consists of:
- 05 original copies of the
transfer agreement, including 01 copy of the transferor (it must be notarized or
authenticated, if required, before being submitted to the investor);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Tax payment receipt or
documents proving tax exemptions as prescribed by tax laws;
- Certified true copies or
copies enclosed with originals of documents of the transferee: the unexpired ID
card or passport of an individual; decision on establishment or certificate of
registration of an organization.
b) The investor shall give
confirmation on the transfer agreement within 05 working days from the receipt
of adequate documents as specified in Point a of this Clause and send the
following documents to the submitter:
- 02 copies of the transfer
agreement bearing the investor’s confirmation; one of them is kept by the
transferor, the other by the transferee;
- The original sale contract
with the investor in the commercial housing project. From the second transfer
agreement, it is required to have original copies of previous transfer
agreement(s). If only one or some of the houses in the original contract is
transferred, the certified true copy of the original contract and original copy
of its appendix shall be submitted. If the house has been received, a certified
true copy of the house transfer note is required;
- Tax payment receipt or
documents proving tax exemptions as prescribed by tax laws.
4. From the second transfer of
the contract, the procedures are the same as those for the first transfer.
5. The last transferee of the
sale contract shall be granted the Certificate in accordance with land laws.
While following procedures for issuance of the Certificate, the following shall
be submitted to the Certificate issuer in addition to the documents prescribed
by land laws:
a) The original sale contract
with the investor. From the second transfer agreement, it is required to have
original copies of previous transfer agreement(s). If only one or some of the
houses in the original contract is transferred, the certified true copy of the
original contract and original copy of its appendix shall be submitted. If the
house has been received, a certified true copy of the house transfer note is
required;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Confirmation of transfer
agreement where an investor is not identified (because of dissolution,
bankruptcy, shutdown or other reasons prescribed by law):
a) Where the sale contract is
transferred before the effective of this Circular but a Certificate has not
been granted to the transferred house, the transfer agreement must be certified
by the People’s Committee of the commune where the house is located;
b) Where the basis for
certification is not ample, the People’s Committee of the commune shall post
the sale contract at its office and the neighborhood where the house is
located. If there is no dispute or lawsuit is filed after 60 days from the day
on which the contract is posted, the People’s Committee of the commune shall
certify on the transfer agreement that there is not dispute or lawsuit. This is
the basis for issuance of the Certificate to the transferee.
Article
34. Transfer agreement content and model transfer agreement
1. Main content of a transfer
agreement:
a) Information about the
transferor and transferee (including information about the legal representative
for organizations);
b) Number and date of the sale
contract with the investor;
c) Transfer price, deadline and
method of payment;
d) Rights and obligations of
the parties;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Other arrangements.
2. The model contract is
provided in Appendix 24 enclosed herewith. The parties may alter terms and
conditions of the model contract as long as the main contain specified in
Clause 1 of this Article is adequate and the agreement does not contravene
civil law and housing laws.
Chapter
VI
IMPLEMENTATION
Article
35. Responsibilities of the People’s Committees of provinces
1. Perform the tasks specified
in the Law on Housing, Article 35 of Decree No. 99/2012/ND-CP and Clause 2
through 4 of this Article.
2. Establish specific criteria
for selection of eligible tenants and buyers/tenants of state-owned social
houses in their provinces as instructed in Article 16 of this Circular.
3. Promulgate or amend ex
officio legislative documents on housing in accordance with the Law on Housing,
Decree No. 99/2012/ND-CP and this Circular.
4. Provide instructions on
implementation of housing laws, organization of inspections, inspect
implementation of housing laws and impose penalties or request competent
authorities to impose penalties for violations committed in their provinces.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Perform the tasks of
provincial housing authorities specified in the Law on Housing, Decree No.
99/2012/ND-CP , Decisions of the People’s Committee of the province and Clause
2 through 4 of this Article.
2. Take charge and cooperate
with local authorities in establishing criteria for selection of eligible
tenants and buyers/tenants of state-owned social houses in their provinces as
instructed in Article 16 of this Circular.
3. Carry out inspections and
impose penalties or request competent authorities to impose penalties for
violations against regulations on management and use of state-owned houses in
their provinces.
4. Submit biannual, annual and
irregular reports to the People’s Committees of provinces and the Ministry of
Construction on management and use of state-owned houses in their provinces.
Article
37. Transition clause
1. If a group of experts has
been established to select an investor in a commercial housing project as
prescribed in Decree No. 71/2010/ND-CP, applications submitted before the effective
date of this Circular shall be processed and submitted to the People’s
Committee of the province. From the effective date of this Circular, this
Circular shall apply to establishment and operation of groups of experts.
2. From the effective date of
this Circular, applications for lease or lease purchase of state-owned social
houses, application for purchase, lease or lease purchase of state-owned
relocation houses submitted before the effective date of Decree No.
99/2012/ND-CP are exempt from adjustment to Decree No. 99/2012/ND-CP, except
for the case in which certification of adequate income has to be provided as
specified in Clause 3 Article 14 of this Circular.
3. Contracts for lease of
state-owned houses concluded before the effective date of Decree No.
99/2012/ND-CP are exempt from re-conclusion according to this Circular and may
be executed until their expiration.
Article
38. Effect
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The documents below are
abrogated from the effective date of this Circular:
a) Decision No. 29/2001/QD-BXD
dated November 19, 2001 of the Ministry of Construction;
b) Decision No. 17/2006/QD-BXD
dated June 07, 2006 of the Ministry of Construction;
c) Circular No. 38/2009/TT-BXD
dated December 08, 2009 of the Minister of Construction;
d) Circular No. 16/2010/TT-BXD
dated September 01, 2010 of the Minister of Construction;
dd) Circular No. 14/2013/TT-BXD
dated September 19, 2013 of the Minister of Construction;
e) Circular No. 03/2014/TT-BXD
dated February 20, 2014 of the Minister of Construction;
g) Circular No. 07/2014/TT-BXD
dated May 20, 2014 of the Minister of Construction.
3. Regarding regulations on
housing development, management and use of houses, house transaction, house
ownership and state management of houses specified in legislative documents
that are promulgated by the Ministry of Construction, other Ministries,
regulatory bodies and the People’s Committees of provinces before the effective
date of this Circular and contravene this Circular, this Circular shall
prevail.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PP MINISTER
DEPUTY MINISTER
Do Duc Duy