Procedures for settlement of sale of common land area in Vietnam

Procedures for settlement of sale of common land area in Vietnam (Internet image)

The Ministry of Construction of Vietnam issued Decision 133/QD-BXD dated March 3, 2023 on the announcement of amendments and supplements to administrative procedures in the housing sector related to the abolition of the application for the presentation of paper household registration books within the scope and state management function of the Ministry of Construction of Vietnam.

Thus, the procedures for dealing with the sale of part of the house and land for common use in the case specified in Clause 1, Article 71 of Decree 99/2015/ND-CP are as follows:

1. Application for settlement of sale of common land area

- An application form according to the form specified in the Appendix to Decree 30/2021/ND-CP;

- The person's identity card or citizen identification card or valid passport or proof of belonging to the people's army according to regulations of the Ministry of National Defense of the applicant; in the case of a husband and wife, a copy of the Marriage Certificate is required.

- Certificate for the house purchased. In case the Certificate is not available, there must be papers proving that the house has been liquidated, valued, or the house purchase and sale contract. If you are currently renting a house and wish to buy a house and settle the adjacent land area, you must have a house lease contract.

- The applicant submits a copy and presents the original of the papers evidencing the above provisions for comparison by the receiving agency (if the application is submitted directly) or submits a notarized or authenticated copy (if the application is submitted by post).

In cases where an individual identification number has been issued and the national population database, investment registration database, and business registration database are connected and operated, the personal identification number may be used to replace documents related to identity when carrying out this procedure.

2. Procedures for the sale of the common land area in Vietnam

- The applicant submits 01 set of documents in person or by post to the unit currently managing and operating the house or to the Department of Construction (to be decided by the provincial People's Committee);

- The application-receiving agency is responsible for receiving and checking the dossier, recording a receipt, or notifying the applicant in writing of the date of receipt of the results. If the application does not contain all the required documents, the receiving agency shall provide instructions immediately (if the application is received in person) or within 3 days from the date of receipt of the application (if received by post), and there must be a written request to the applicant to supplement the dossier as prescribed.

- In case the receiving agency is a house operation management unit, within 5 days from the date of receipt of a valid dossier, the housing operation management unit is responsible for inspecting and must make a list enclosed with the dossier to report to the Department of Construction;

- Within 30 days from the date of receipt of the report from the housing operation management unit, the Department of Construction shall hold a meeting of the Council to determine the house selling price to calculate the house and land use levy according to regulations and report in writing to the People's Committee of the province for consideration and decision;

- Within 10 days from the date of receiving the report from the Department of Construction, the People's Committee of the province shall consider and issue a decision to sell the house and land for common use to the applicant. This decision is sent to the Department of Construction and the housing operation management unit to notify the requester of the next procedures.

- After the applicant submits financial obligations as prescribed, the housing management agency transfers the dossier to the competent authority to issue a Certificate to the applicant or adjust it to the granted Certificate according to the provisions of the law on land.

3. Instruction on the procedures for settlement of the sale of the common land area in Vietnam

Send in person or by post to the Department of Construction.

4. Time limit for settlement of procedures for settlement of the sale of common land area in Vietnam

Time limit for settlement: 45 days from the date of receipt of complete dossiers as prescribed.

5. Subjects carrying out administrative procedures in Vietnam

Objects of administrative procedures: People who have bought state-owned old houses.

More details can be found in Vietnam's Decision 133/QD-BXD, effective from the date of signing and promulgation.

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