Order and Procedures for Resolving Certain Specific Cases under the New Draft

Order and procedures to resolve specific cases according to the new Draft (illustrative photo)

According to Clause 5 Article 71 of Decree 99/2015/ND-CP dated October 20, 2015, of the Government of Vietnam detailing and guiding the implementation of several provisions of the Housing Law, the provincial People's Committee is responsible for issuing specific regulations on dossiers, order, and procedures for resolving cases specified in Clauses 1, 2, and 3 of Article 71, allocate funds for measurement, file preparation, and management of communal area of the house as stipulated in Clause 4 of Article 71.

However, in the Draft Decree amending and supplementing some articles of Decree 99/2015/ND-CP, the order and procedures are specified as follows:

- Regarding the application dossier, it includes the following documents:

- Application letter stating the reason for the request to sell part of the house area and transfer the right to use the homestead land for communal use or transfer the right to use adjacent land or recognize the land use right for houses built on vacant land within the old state-owned house premises.- A copy of the identity card or citizen identification card or valid passport or military card of the applicant; in case of married couples, an additional certified copy of the family household registration book or marriage certificate is required. If the National Population Database is operational, the applicant does not need to submit these documents but only needs to provide the personal identification number information in the application to the receiving agency.- Documents proving ownership of the entire purchased area if falling under the provisions of Clause 1 of this Article or documents proving the use of the house as specified in Clauses 2 and 3 of Article 71 of Decree 99/2015/ND-CP.

- Regarding the order and procedures for selling part of the house area and transferring the right to use homestead land for communal use or transferring the right to use adjacent land or recognizing land use rights for houses built on vacant land within the old state-owned house premises, it is carried out as follows:

- The applicant submits one set of documents specified at Point a of this Clause to the Department of Construction where the house is located;- The Department of Construction is responsible for receiving, checking the dossier, and organizing a meeting of the Council to determine the house selling price as stipulated at Point b Clause 2 Article 69 of Decree 99/2015/ND-CP to calculate house, land levy and submit to the provincial People's Committee for consideration and decision.- The provincial People's Committee considers, issues a Decision on selling the house area, communal land use or transferring the right to use adjacent land or recognizing land use rights to the applicant. This Decision is sent to the Department of Construction, the management unit, and the applicant to fulfill financial obligations under the regulations.- The time for resolving the sale of the house area, communal land use, transferring the right to use adjacent land or recognizing land use rights for houses built on vacant land within the old state-owned house premises is not more than 30 working days from the date the dossier is fully received.- After the buyer fulfills the financial obligations, the housing management agency transfers the dossier to the competent authority to issue the Certificate of land use rights, house ownership, and other assets attached to the land for the buyer or adjust the issued certificate in accordance with land law.

More details can be found in Draft Decree.

Long Binh

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