Conditions for the Transfer of Land Use Rights in Real Estate Development Projects for Sale

Based on Clause 17 Article 1 of Decree 148/2020/ND-CP which stipulates the conditions for the transfer of land use rights in housing development investment projects for sale or for sale combined with lease as follows:

- Conditions for housing development investment projects for sale or for sale combined with lease to be transferred land use rights in the form of subdividing and selling land plots, include:

+ The project investor must complete the construction of infrastructure, including service works, technical infrastructure works, and social infrastructure according to the approved detailed construction planning of 1/500 scale; ensure connectivity with the general infrastructure system of the area before transferring land use rights to the people to build their own houses; ensure the provision of essential services including electricity supply, water supply, drainage, and waste collection;

+ The investor must fulfill financial obligations related to the project's land, including land levy, land rent; taxes, fees, and charges related to the land (if any);

+ The project must be located in areas and types of urban areas that are allowed to transfer land use rights in the form of subdividing and selling land plots as prescribed in Clause 2 of this Article;

+ Other conditions according to the provisions of the laws on urban planning, construction, urban development, real estate business, and housing.

- The investor in housing development for sale or for sale combined with lease is allowed to transfer land use rights in the form of subdividing and selling land plots in areas not located within the wards of special grade urban areas and grade I urban areas directly under the Central Government; areas requiring high architectural landscapes, central areas, and surrounding areas of architectural landmarks in urban areas; the frontage of district-level roads or higher and main landscape roads in urban areas.

- The Provincial People's Committee is responsible for organizing the public announcement of areas where housing development projects for sale or for sale combined with lease that are allowed to transfer land use rights in the form of subdividing and selling land plots before organizing the implementation of investment projects.

- Households and individuals receiving the transfer of land use rights to build their own houses must carry out housing construction in accordance with building permits, and comply with the approved detailed planning and urban design.

Sincerely!