Vietnam: What are the procedures for settling the transfer of land use rights for houses built on vacant land in the former State-owned housing area?
- What are the regulations on the settlement of the transfer of land use rights for houses built on vacant land in the former State-owned housing premises in Vietnam?
- Which agencies are the agencies that carry out the procedures for settling land use rights transfer for houses built on vacant land in former state-owned housing premises in Vietnam?
- What are the procedures for settling the transfer of land use rights for houses built on vacant land in the former state-owned housing area in Vietnam?
What are the regulations on the settlement of the transfer of land use rights for houses built on vacant land in the former State-owned housing premises in Vietnam?
Pursuant to Decree 99/2015/ND-CP guiding the Law on Housing in Vietnam promulgated by the Government on 20/10/2015.
In Clause 3, Article 71 of Decree 99/2015/ND-CP, the settlement of land use right transfer for houses built on vacant land in former state-owned housing areas is prescribed as follows:
- If the house is built on an empty land within the premises of a state-owned house in accordance with housing construction planning and land-use planning, and the area is not in dispute, the person who is using this land area shall have his/her land use right recognized by the State.
- The land levy in this case is 100% of the land price imposed by the People’s Committee of the province applicable at the time of recognizing the land use right.
Vietnam: What are the procedures for settling the transfer of land use rights for houses built on vacant land in the former State-owned housing area?
Which agencies are the agencies that carry out the procedures for settling land use rights transfer for houses built on vacant land in former state-owned housing premises in Vietnam?
Pursuant to Decision 705/QD-BXD in 2021 announcing new administrative procedures, administrative procedures to be replaced, amended and supplemented and administrative procedures abolished in the field of housing and real estate business under the scope of state management functions of the Ministry of Construction.
According to Point 3.6 Clause 3 subsection I Section A Part II of the list issued together with Decision 705/QD-BXD in 2021. The agency carrying out the procedures for settling the transfer of land use rights for houses built on vacant land in the former state-owned housing area is determined as follows:
- Administrative procedure agency: Department of Construction in Vietnam
- Decision-making authority: Provincial People's Committees
What are the procedures for settling the transfer of land use rights for houses built on vacant land in the former state-owned housing area in Vietnam?
Procedures for settling the transfer of land use rights for houses built on vacant land in the former State-owned housing area shall comply with Point 3.1 Clause 3 subsection I Section A Part II of the list issued together with Decision 705/QD-BXD in 2021 with the following contents:
- Step 1: The applicant submits directly or by post 01 set of dossiers as prescribed to the unit managing housing operation or to the Department of Construction in Vietnam (decided by the Provincial People's Committee);
- Step 2: The dossier-receiving agency is responsible for receiving and checking the dossier and recording a receipt or written notice to the applicant of the date of receipt of the results.
In case the dossier does not have all the required documents, the receiving agency shall guide immediately (if receiving the dossier directly) or within 03 days from the date of receipt of the dossier (if received by post), a written request to the applicant to supplement the dossier as prescribed.
- Step 3: In case the receiving agency is the housing operation management unit, within 05 days from the date of receipt of a valid dossier, the housing operation management unit shall inspect and must make a list enclosed with the dossier to report to the Construction Department in Vietnam;
- Step 4: Within 30 days from the date of receipt of the report dossier of the housing operation management unit, the Department of Construction in Vietnam shall hold a meeting of the Council to determine the selling price of housing to calculate housing and land use fees as prescribed and make a written report to the Provincial People's Committee for consideration, decide;
- Step 5: Within 10 days from the date of receipt of the report of the Department of Construction in Vietnam, the People's Committee of the province shall consider and promulgate the Decision on the transfer of land use rights in case of building houses on vacant land in the old housing area to the applicant. This decision is sent to the Department of Construction in Vietnam and the housing operation management unit to inform the applicant of further procedures.
- Step 6: After the applicant submits the financial obligations as prescribed, the housing authority transfers the dossier to the competent authority to issue the Certificate to the applicant or adjust it to the certificate issued in accordance with the law on land.
See details in Decision 705/QD-BXD in 2021.
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