Vietnam: Procedures for resolving specific cases according to the new Draft

Vietnam: Procedures for resolving specific cases according to the new Draft (illustrative photo)

According to Clause 5 Article 71 of Decree 99/2015/ND-CP dated October 20, 2015, of the Government of Vietnam on the elaboration of the Housing Law, the provincial People's Committee is responsible for issuing specific regulations on required documents and procedures for resolving cases specified in Clauses 1, 2, and 3 of Article 71, allocate funds for measurement, drawing, application preparation, and management of common area of the house as stipulated in Clause 4 of Article 71.

However, in the Draft Decree on amendments to Decree 99/2015/ND-CP, the procedures are specified as follows:

1) The application includes the following documents:

- Application form, stating the reason for the request to sell part of the house area and transfer the right to use the homestead land for common use or transfer the right to use adjacent land or recognize the land use right for houses built on vacant land within the old state-owned house premises.

- A copy of the valid ID card, citizen ID card, passport, or military card of the applicant. In case of married couples, an additional certified true copy of the household registration book or marriage certificate is required. If the National Population Database is operational, the applicant does not need to submit these documents but only needs to provide the personal identification number in the application to the receiving authority.

- Documents proving ownership of the entire purchased area if falling under the provisions of Clause 1 of this Article or documents proving the use of the house as specified in Clauses 2 and 3 of Article 71 of Decree 99/2015/ND-CP.

2) Procedures for selling part of the house area and transferring the right to use the homestead land for common use, or transferring the right to use adjacent land, or recognizing the land use right for houses built on vacant land within the old state-owned house premises are carried out as follows:

- The applicant submits one set of documents specified at Point a of this Clause to the Department of Construction where the house is located;

- The Department of Construction is responsible for receiving, checking the application, and organizing a meeting of the Council to determine the house selling price as stipulated at Point b Clause 2 Article 69 of Decree 99/2015/ND-CP to calculate house, land levy and submit to the provincial People's Committee for consideration and decision.

- The provincial People's Committee considers and issues a Decision on selling part of the house area and transferring the right to use the homestead land for common use, or transferring the right to use adjacent land, or recognizing the land use rights to the applicant. This Decision is sent to the Department of Construction, the suppository authority, and the applicant to fulfill financial obligations under the regulations.

- The time limit for resolving cases of selling part of the house area and transferring the right to use the homestead land for common use, or transferring the right to use adjacent land, or recognizing the land use rights built on vacant land within the old state-owned house premises is not more than 30 working days from the date the application is fully received.

- After the buyer fulfills the financial obligations, the housing authority transfers the application to the competent authority to issue the Certificate of land use rights, ownership of houses, and other land-attached assets for the buyer or adjust the issued certificate in accordance with land law

More details can be found in Draft Decree.

Long Binh

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