Procedures for converting the utility of houses built within projects fall under entitlement to investment guideline approval of the Ministry of Construction of Vietnam

Procedures for converting the utility of houses built within projects fall under entitlement to investment guideline approval of the Ministry of Construction of Vietnam

According to Decision 891/QD-BXD dated September 25, 2024, the Procedures for converting the utility of houses built within projects fall under entitlement to investment guideline approval of the Ministry of Construction of Vietnam are as follows:

The investor shall prepare one set of documents as stipulated in Clause 1, Article 51 of Decree 95/2024/ND-CP dated July 24, 2024, by the Government of Vietnam and submit it to the Provincial People's Committee where the housing is located;

- Within a maximum period of 15 days from the date of receipt of the dossier, the Provincial People's Committee shall organize the inspection of the dossier; if the dossier complies with the provisions of Clause 1, Article 51 of Decree 95/2024/ND-CP and meets the provisions of Article 49 of Decree 95/2024/ND-CP, it shall issue a document requesting the Ministry of Construction to approve the conversion of the residential function; in cases where conditions for conversion are not met, the Provincial People's Committee must issue a document to the investor stating the reasons;

- Within a maximum period of 30 days from the date of receipt of the document from the Provincial People's Committee accompanied by the dossier as stipulated in Clause 1, Article 51 of Decree 95/2024/ND-CP, the Ministry of Construction shall consider approving the conversion of the residential function.

In cases where it is necessary to supplement or clarify the project contents, the Ministry of Construction of Vietnam shall issue a document to the Provincial People's Committee requesting clarification according to the requirements; if it is necessary to seek the opinions of related agencies, the Ministry of Construction shall solicit feedback, and the agencies consulted must provide a written response within a maximum period of 15 days from the date of receipt of the document from the Ministry of Construction of Vietnam. The time for supplementation and clarification of contents is not included in the resolution period for procedures stipulated in this clause.

If the conditions for conversion are not met, the Ministry of Construction must issue a document to the Provincial People's Committee clearly stating the reasons to be communicated to the investor;

- After receiving the approval document from the Ministry of Construction, the investor is responsible for managing and using the property according to the approved document and project.

More details can be found in Decision 891/QD-BXD which comes into force in Vietnam from September 25, 2024.

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