What are the 3 types of fees for obtaining a certificate of the right to house which is an apartment in Vietnam?

What are the 3 types of fees for obtaining a certificate of the right to house which is an apartment in Vietnam?

Below are the 3 types of fees for obtaining a certificate of the right to house which is an apartment :

(1) Registration Fee

According to Clause 1, Article 3 of Decree 10/2022/ND-CP, guided by Clause 1, Article 2 of Circular 13/2022/TT-BTC, there are regulations on registration fees when purchasing real estate as follows:

The subjects subject to registration fees are specified in detail as follows:

- Houses, land as regulated in Clause 1, Article 3 of Decree 10/2022/ND-CP

+ Houses, including: residential houses; office buildings; houses used for other purposes.

+ Land, including: types of agricultural and non-agricultural land as regulated by the Land Law (regardless of whether construction works have been built on the land or not).

(2) Notarization Fee for Housing Purchase Agreements

According to Point a7, Clause 2, Article 4 of Circular 257/2016/TT-BTC, there are specific regulations regarding notarization fees for housing purchase agreements as follows:

Notarization of economic, commercial, investment, and business contracts: Based on the value of the assets or the value of the contracts/transactions.

(3) Fee for Issuing Certificates of Land Use Rights and Ownership of Houses and Other Assets Associated with Land

According to Point đ, Clause 2, Article 5 of Circular 85/2019/TT-BTC, there are regulations regarding the fee for issuing certificates of land use rights, ownership of houses, and other assets associated with land as follows:

The fee for issuing certificates of land use rights, ownership of houses, and assets attached to the land is an amount that organizations, households, and individuals must pay when the competent state agency issues the certificate.

The fee for issuing the certificate involves: certificate of land use rights, ownership of houses, and assets attached to land; registration of land change; cadastral map extract; documents; cadastral data records.

Based on the specific conditions of the locality, economic-social development policies to set appropriate fee levels, ensuring principles: the fee for households and individuals in districts belonging to centrally governed cities, inner-city wards of provinces, or district-level towns is higher than in other areas; the fee for organizations is higher than for households and individuals.

Thus, to obtain a certificate of the right to house which is an apartment , one must pay three types of fees: registration fee, notarization fee, and the fee for issuing certificates of land use rights and ownership of houses and other assets associated with land.

What are the 3 types of fees for obtaining a certificate of the right to house which is an apartment in Vietnam? (Image from the Internet)

What documents are required to obtain a certificate of the right to house which is an apartment in Vietnam?

According to regulations in Article 41 of Decree 101/2024/ND-CP, the project investor is responsible for submitting one set of registration documents, including the following materials:

- Confirmation document of eligibility for use:

Issued by the competent authority on housing, construction projects, confirming that the housing, buildings, or project components fulfill the conditions for use under construction law.

- Confirmation document of real estate business conditions:

Issued by the competent authority on real estate business, confirming that land use rights and assets attached to land meet the conditions for business under real estate business law.

- Application for registration of changes in land and assets attached to land:

This application is prepared according to Form 11/DK issued with Decree 101/2024/ND-CP, completed by the transferee of land use rights, ownership of houses, or construction projects.

- Transfer Agreement:

A transfer agreement of land use rights, ownership of houses, construction buildings, or project components is prepared according to legal regulations.

- Asset Handoff Record:

A record of handover of housing, land, construction buildings, or project components to the buyer.

- Investor Certificate:

A certificate of land use rights or ownership of assets previously issued to the project developer.

- Financial obligation completion certificate (if any):

This certificate is required when the Land Registry Office receives documentation of adjustments to the project's detailed construction plan, resulting in financial obligations as per legal provisions.

What are the procedures for obtaining a certificate of the right to house which is an apartment in Vietnam?

Step 1: Submit the application

According to Clause 1, Article 21 of Decree 101/2024/ND-CP, the project developer or homebuyer can submit the application at one of the following locations:

One-Stop Division of the Provincial, District, Commune People's Committee;

Land Registry Office;

Branch of the Land Registry Office.

Step 2: Receive the application

Within 3 days, if the application is incomplete or invalid, the receiving agency will notify and guide the applicant to supplement the missing documents.

Step 3: Process the request

According to Clause 3, Article 41 of Decree 101/2024/ND-CP, the Land Registry Office is responsible for:

Checking the legality of the documents.

Sending information transfer slips to the tax authority to determine and notify the financial obligations to the transferee.

Updating and adjusting cadastral records, land data, and databases.

Issuing the Certificate of land use rights and assets attached to land to the buyer; adjusting changes if there is an area under common use rights.

Delivering the Certificate to the project developer for handover to the buyer (in case the developer submits the application).

Step 4: Receive results

The processing time for issuing a certificate of the right to house which is an apartment shall not exceed 23 working days from the date of complete and valid application submission to the receipt of the Certificate, as provided in Clause 1, Article 22 of Decree 101/2024/ND-CP.