Procedures for transferring wholly or in part of a real estate project regulated by the Provincial People's Committee?
Compositions of the application documents for real estate project transfer regulated by the provincial People's Committee?
According to subsection 1, section II of the List promulgated together with Decision 94/QD-BXD in 2022, the documents are:
- An application for transfer wholly or in part of a real estate project of the investor;
- Draft contract for transfer wholly or in part of real estate project;
- Project dossier, project part proposed for transfer includes:
+ Decision or approval of investment policy or investment permission document or investment approval document issued by a competent state agency (copy and presentation of the original for comparison or a notarized, or authenticated copy);
+ Decision approving the project (copy and presentation of the original for comparison or a notarized or authenticated copy);
+ Detailed planning 1/500 or drawing of the total ground (copy and present the original for comparison or a notarized or authenticated copy);
+ Papers proving completion of project site clearance (copy and presentation of the original for comparison or a notarized or authenticated copy);
+ Papers proving that the investment in construction of corresponding technical infrastructure works has been completed according to the schedule stated in the project, in case of transfer of the entire infrastructure construction investment project (copy and present the original for comparison or a notarized or authenticated copy);
+ The certificate of land use right of the whole or part of the real estate project to be transferred (a copy and present the original for comparison or a notarized or authenticated copy);
- Report on the real estate project implementation process of the investor up to the time of transfer.
- The dossier of the transferee of the whole or part of the real estate project includes:
+ An application for transfer of the whole or part of the project;
+ Certificate of business registration or Certificate of investment registration or documents proving the establishment of the organization (copy and present the original for comparison or a notarized or authenticated copy), except in case foreign investors have not yet established economic organizations according to the provisions of the law on investment;
+ Papers proving financial capacity; prove the mobilized capital sources (if any) in accordance with the law to ensure the continued implementation of the project according to the schedule approved by the competent authority; For real estate businesses that receive the transfer, they must have papers proving their financial capacity specified in Clause 2, Article 4 of the Government's Decree No. 02/2022/ND-CP dated January 6, 2022.
Procedures for transferring wholly or in part of a real estate project regulated by the Provincial People's Committee?
Where to submit the real estate project transfer application and how long does it take to settle?
According to subsection 1, section II, the list promulgated together with Decision 94/QD-BXD in 2022 stipulates as follows:
- Time limit for settlement: Within 30 days from the date of receipt of complete and valid dossiers.
- Agency carrying out administrative procedures:
+ Authority to decide: Provincial People's Committee.
+ Direct implementing agency: Provincial housing management agency.
Thus, the agency receiving the application will be the Provincial Housing Administration and the Provincial People's Committee is the authority to decide to allow the transfer of the whole or a part of the real estate project. According to the above regulations, the time to carry out the procedure will be within 30 days from the date of receiving the valid application.
Procedures for transferring real estate projects?
Pursuant to subsection 1, section II of the List promulgated together with Decision 94/QD-BXD in 2022, stipulating the order of carrying out procedures for transferring part or the whole real estate project granted by the People's Committee province to decide to invest.
- The project investor submits, directly or by post, 01 set of documents on transfer of the whole or a part of the real estate project to the People's Committee of the province where the project is located or the housing management agency of the province (if authorized by the People's Committee of the province) specifically as follows:
- The agency assigned to assume the prime responsibility for appraisal is responsible for sending directly or by post 01 set of documents on transfer of the whole or part of the real estate project for appraisal opinions of relevant agencies. projects, part of projects transferred by the locality; In case the transferee is a foreign-invested enterprise and the transferred real estate project or part of the project is located in border communes, wards, townships, coastal areas or islands, additional opinions must be obtained. appraisal by the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam. The time limit for submitting dossiers and obtaining appraisal comments from relevant agencies is 15 days from the date of receipt of complete and valid dossiers.
- After completing the appraisal, the agency assigned to assume the prime responsibility for the appraisal shall submit it to the People's Committee of the province for consideration and decision to allow the transfer. The maximum time for collecting opinions for appraisal, carrying out the appraisal and deciding to allow the transfer is 30 days from the date of receipt of a complete and valid dossier; in case the dossier is not complete with the prescribed papers, the investor must supplement it according to the regulations. In case a real estate project or part of a project is ineligible for transfer, the application-receiving agency must notify the project investor in writing of the reason.
- Provincial-level People's Committees are responsible for publicly announcing the decision to allow the transfer of a real estate project or part of a project on the portal of the provincial-level People's Committee or housing management agency. provincial level where the project is located and send this decision to the Ministry of Construction for synthesis and monitoring. The transferor and transferee must publicly announce this decision on the enterprise's website.
Enterprises can submit documents online or by post or directly at the receiving and returning department of the provincial People's Committee where the project is located (if authorized by the provincial People's Committee).
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