Procedures for notification of land that already has infrastructure within real estate projects transferred to individuals for building their own houses in Vietnam

Procedures for notification of land that already has infrastructure within real estate projects transferred to individuals for building their own houses in Vietnam (Image from the Internet)

1. Procedures for notification of land that already has infrastructure within real estate projects transferred to individuals for building their own houses in Vietnam

The procedures for notification of land that already has infrastructure within real estate projects transferred to individuals for building their own houses in Vietnam according to Article 9 of Decree 96/2024/ND-CP is as follows:

- Before signing the contract for transferring the land use rights with technical infrastructure in a real estate project to individuals for building their own houses, the project investor must send a written notice to the provincial real estate business management authority where the project is located about the land with technical infrastructure in the real estate project being eligible for transferring land use rights to individuals for building their own houses, along with the dossier specified in Clause 2, Article 9 of Decree 96/2024/ND-CP.

- The dossier includes copies and original documents for comparison or authenticated copies or legally valid electronic copies of the following papers:

+ Investment policy decision or investment policy approval or investment approval of the real estate project by competent state authorities as per the law on investment, construction, housing;

+ Decision approving the detailed plan or general site plan of the real estate project by competent state authorities as per the law on construction, urban planning;

+ Construction permit in cases where a construction permit is required by competent state authorities as per the law on construction;

+ Notification of results of appraisal of the feasibility study report or Notification of results of appraisal of the basic design by competent state authorities as per the law on construction;

+ Documents on the acceptance of the completion of investment in the construction of technical infrastructure works as per the law on construction;

+ Contracts for the provision of electricity, water supply, drainage, waste collection, wastewater treatment services;

+ Land use right certificates for land areas with technical infrastructure in the real estate project transferred to individuals for building their own houses as per the law on land.

- Within 15 days from the date of receiving the written notification along with the dossier specified in Clause 1 and Clause 2, Article 9 of Decree 96/2024/ND-CP, the provincial real estate business management authority is responsible for checking the conditions for the lot with technical infrastructure in the real estate project being eligible for transferring land use rights for individuals' self-construction of housing in accordance with the Real Estate Business Law 2023 and responding in writing to the project investor about the eligibility of the land with technical infrastructure in the project for transfer. In case of ineligibility for transfer, the reasons must be clearly stated; simultaneously, the written response should be posted on the housing and real estate market information portal for information disclosure.

In case the provincial real estate business management authority does not respond within the stipulated time, the enterprise has the right to file a lawsuit or complaint as per the legal provisions.

2. Regulations on small-scale real estate busines; Non-business Purposes and Below Small-scale in Vietnam

Regulations on small-scale real estate busines; non-business purposes and below small-scale in Vietnam according to Article 7 of Decree 96/2024/ND-CP are as follows:

- Individuals engaging in small-scale real estate busines must meet the following requirements:

+ Not required to form an investment project as per the law on construction, housing;

+ Not exceeding the value of 300 billion VND per contract and not exceeding 10 transactions in one year. If only one transaction occurs in a year, the value is not considered.

- Organizations and individuals selling housing, construction works, parts of the construction floor area not for business purposes, or selling, leasing, leasing-purchasing housing, construction works, parts of the construction floor area below small-scale, including:

+ Individuals not required to form an investment project as per the law on construction, housing;

+ Organizations not exceeding the value of 300 billion VND per contract and not exceeding 10 transactions in one year. If only one transaction occurs in a year, the value is not considered.

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