Vietnam: Procedures for handling of sale of shared areas of old state-owned houses

Vietnam: Procedures for handling of sale of shared areas of old state-owned houses (Illustration)

Clause 21, Article 1 of this Decree stipulates regulations on applications and procedures for handling of sale of shared areas or transfer of rights to use adjacent areas or transfer of land use rights for houses to be built on empty land within the premises of old state-owned houses. Currently there is no regulations regading this matter in Decree 99/2015/ND-CP.

(1) Application composition:

According to Decree 30/2021/ND-CP, the application for handling of sale of shared areas or transfer of rights to use adjacent areas or transfer of land use rights for houses to be built on empty land within the premises of old state-owned houses includes:

- Application, which is made using the form in the Appendix form issued with Decree 30/2021/ND-CP.

Application for handling of sale of shared areas or transfer of rights to use adjacent areas within the premises of old state-owned houses

- Unexpired identity card or passport or police identity card or documentary proof of participation in the people’s military force according to regulations of the Ministry of National Defense of the applicant; and family registry or marriage certificate (for spouses);

- Any of the following documentary proofs:

For the case provided for in Clause 1 Article 71 of Vietnam's Decree 99/2015/ND-CP: certificate of ownership of the purchased house area or the agreement on purchase of this house area signed with the competent authority if this certificate is not available.

For the case provided for in Clause 2 Article 71 of Vietnam's Decree 99/2015/ND-CP: certificate of ownership of the purchased house, or documentary proof of liquidation and sale of the house or agreement on purchase of the house if this certificate is not available, and lease agreement if the applicant is renting the house and wishes to buy it and deals with the adjacent area.

For the case provided for in Clause 3 Article 71 of Vietnam's Decree 99/2015/ND-CP: confirmation from the commune-level People’s Committee that the house and land are not involved in any dispute or lawsuit and are in compliance with housing construction planning;

- The applicant shall submit copies of the documentary proofs mentioned in this Clause together with their original copies for comparison directly or notarized or certified copies of these proofs by post to the receiving authority.

(2) Handling procedures

According to Vietnam's Decree 30/2021/ND-CP, the procedures for handling of sale of shared areas or transfer of rights to use adjacent areas or transfer of land use rights for houses to be built on empty land within the premises of old state-owned houses are as follows:

- The applicant shall submit one application prepared according to regulations in Clause 1 of this Article directly or by post to the house operating unit or Department of Construction (to be decided by the provincial People's Committee);

- The receiving authority shall receive and inspect the application and draw up a receipt document or written notification informing the applicant of the result announcement date. If the application lacks any component mentioned in Clause 1 herein, the receiving authority shall provide instructions for the applicant immediately (if the application is submitted directly) or send a request for supplementation per the law to the applicant within 03 days after the date of receipt of the application (if it is submitted by post).

If the receiving authority is the house operating unit, within 05 days after the date of receipt of a valid application, it shall inspect and add the application to an applicant list, which will be submitted together with the applications to the Department of Construction;

- Within 30 days from the date of receipt of the list and applications from the housing operating unit, the Department of Construction shall convene the house pricing council to calculate the selling price and land levy as per regulations and send a report to the provincial People's Committee for consideration and decision;

- Within 10 days from the date of receipt of the report from the Department of Construction, the provincial People’s Committee shall consider and issue a decision on sale of the shared area or transfer of rights to use the adjacent area or transfer of land use rights for house construction on empty land within the premises of an old house to the applicant. This decision shall be sent to the Department of Construction and house operating unit, which will notify the applicant of following procedures. If the applicant fails to follow the abovementioned notification, implement regulations in Point g Clause 2 Article 69 of Vietnam's Decree 99/2015/ND-CP;

- After the applicant fulfills their financial obligations as per the law, the housing authority shall send their application to the competent authority to have the certificate issued to the applicant or amended according to regulations of law on land.

More details can be found in: Vietnam's Decree 30/2021/ND-CP effective from March 26, 2021.

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