How many methods are there to carry out the procedure for transferring a part of a real estate project invested by the Provincial or District People's Committee?
What do the documents for transferring part of a real estate project decided by the Provincial or District People's Committee include?
Based on point 1.3 clause 1 sub-section II Section C Part II of the list issued with Decision 705/QD-BXD of 2021, the documents for transferring part of a real estate project decided by the Provincial or District People's Committee include:
- Application for permission to transfer part of the project from the transferring investor;
- Project documents including:
+ Investment approval document or investment acceptance document from the competent state agency (copy with the original presented for verification or notarized or authenticated copy);
+ Project approval decision, detailed 1/500 plan or general site plan (copy with the original presented for verification or notarized or authenticated copy);
+ Land use rights certificate for a part of the project to be transferred (copy with the original presented for verification or notarized or authenticated copy);
- Report on the project implementation process up to the point of transfer by the transferring investor.
- Documents from the receiving investor include:
+ Application for project transfer acceptance;
+ Business registration certificate including real estate business or enterprise registration certificate with legally required capital (copy with the original presented for verification or notarized or authenticated copy).
(Except for foreign investors who have not yet established an economic organization as per investment law regulations.)
+ Document proving ownership capital to implement the project as per investment and land law.
If ownership capital documents are not available as per investment and land law regulations:
+ For operating enterprises: An independent audit organization's confirmation or audited financial statement about the enterprise's ownership capital at the nearest point (year of transfer or the preceding year);
+ For newly established enterprises: If the capital is in Vietnamese currency or foreign currency, the commercial bank where the enterprise holds an account must confirm the company's account balance. If the capital is in assets, a certification from a valuation organization operating in Vietnam about the valuation results of the enterprise's assets is required.
Methods of implementing the procedure for transferring part of a real estate project decided by the Provincial or District People's Committee (Image from the Internet)
What are the methods for implementing the procedure for transferring part of a real estate project decided by the Provincial or District People's Committee?
Based on point 1.2 clause 1 sub-section II Section C Part II of the list issued with Decision 705/QD-BXD of 2021, the methods for implementing the procedure for transferring part of a real estate project decided by the Provincial or District People's Committee currently are as follows:
The project investor (Real Estate Business Enterprise) submits the documents to:
- Provincial People's Committee where the project is located;
- Or an agency authorized by the Provincial People's Committee (Construction Department or specialized management department).
What is the current procedure for transferring part of a real estate project decided by the Provincial or District People's Committee?
Based on point 1.1 clause 1 sub-section II Section C Part II of the list issued with Decision 705/QD-BXD of 2021, the procedure for transferring part of a real estate project decided by the Provincial or District People's Committee is currently stipulated as follows:
- The transferring investor submits one set of documents requesting the transfer of part of the project to the Provincial People's Committee where the project is located or the agency authorized by the Provincial People's Committee specifically as follows:
+ For new urban area projects, housing development projects, the Construction Department;
+ For other types of real estate projects, the specialized management department as specified by the Provincial People's Committee.
- The centralized appraisal agency is responsible for seeking opinions from the Planning and Investment Department, Finance Department, Natural Resources and Environment Department, Construction Department, Tax Department, and the specialized management department, organizing the appraisal of the transfer documents within 30 days from the date of receipt of valid documents.
- After completing the appraisal, the centralized appraisal agency submits to the Provincial People's Committee for issuing a decision allowing the transfer. If the conditions for the transfer are not met, the Provincial People's Committee or the specialized agency authorized by the Provincial People's Committee must issue a written notice to the transferring investor, clearly stating the reasons.
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