The procedure for applying for a certificate of ownership of an apartment building is a procedure that arises immediately after buying an apartment. At that time, apartment owners need to be protected by the Law on legal ownership of houses; so they need to prepare and submit documents according to the correct process to be granted a Certificate in accordance with regulations the law. LSX Lawfirm will give you an article about: “Subjects applying for a certificate of apartment ownership in Vietnam”, as follows:
Legal grounds
Document 03/VBHN-VPQH in 2020 consolidating the Law on Housing;
Land Law 2013;
Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law;
Decree No. 148/2020/ND – CP Amending and supplementing a number of Decrees detailing the implementation of the Land Law;
Decree No. 37/2010/ND-CP On formulation, appraisal, approval and management of urban planning;
Circular No. 23/2014/TT-BTNMT stipulating certificates of land use rights, ownership of houses and other land-attached assets;
Circular No. 02/2014/TT-BTC guiding fees and charges falling under the decision-making competence of the People’s Councils of the provinces and centrally-run cities.
Subjects applying for a certificate of apartment ownership in Vietnam
Accordingly, the provisions of the current Housing Law; then an apartment building is a house with 02 floors or more, with many apartments; shared ownership and a system of infrastructure facilities for common use by households and individuals. Apartment house is one of the cases of housing development and housing construction under the project implemented by the investor of the housing construction project. Accordingly; the most important responsibility of the investor of a housing project is to carry out the procedures for requesting a competent state agency to issue a Certificate to the buyer; or tenant to purchase a house; except for the case that the buyer, tenant or tenant buys a house. purchase voluntarily carry out the procedures for applying for a certificate. So, the subject applying for a house ownership certificate will include:
- So, the investor of a housing construction project applies for a certificate of ownership of the apartment building built in the project in accordance with the Law on Housing and the law on land;
- Then Buyers, rent-purchasers directly carry out procedures to apply for the certificate of apartment ownership.
Besides, according to the provisions of the Land Law 2013; the Department of Natural Resources and Environment and the District People’s Committee are the two agencies competent to issue apartment ownership certificates.
Procedures for applying for a certificate of apartment ownership in Vietnam
The project investor sends documents certifying the completion of construction works to the Department of Natural Resources and Environment
According to the provisions of Clause 22, Article 1 of Decree No. 148/2020/ND – CP amending and supplementing a number of Decrees detailing the implementation of the Land Law; right after the apartment building project is completed, The project investor is responsible for sending to the Department of Natural Resources and Environment all the following documents:
- Firstly, a certificate or decision on land allocation or land lease issued by a competent authority, documents on fulfillment of financial obligations of the project investor;
- Secondly, as-built ground drawings or design drawings of the built house and land plan with the dimensions of the sides of each sold apartment; in accordance with the construction status and the signed contract. In addition; the diagram should show the extent of the land used by the apartment owners, the construction site of the apartment building, the floor plan of each floor, each apartment;
- Thirdly, construction permit (if any);
- Then Notice of construction authority allowing the investor to take over the work or approve the results of the completed work; and put it into use in accordance with the law on construction and common use area separately for each apartment;
- Report on project performance.
Department of Natural Resources and Environment announces confirmation of inspection results of apartment construction projects
– So, based on the documents provided by the owner of the apartment construction investment project; then within 30 days from the date of receipt of valid documents from the investor, the Department of Natural Resources and The environment is responsible for checking the current status of use of houses and built works, and the conditions for renting; buying and selling apartments of the project investor.
– So after completing the inspection process, the Department of Natural Resources and Environment is responsible for:
- Inform the project investor of the inspection results;
- The notice is sent together with the checked house and land diagram to the Land Registration Office at the District/District level; to carry out the procedures for house; and land registration for the buyer who fully meets the conditions prescribed by law regulations; on issuance of apartment building ownership certificates;
- Publicly announce the inspection results of the project on the website of the Provincial People’s Committee; and the Department of Natural Resources and Environment at the place where the apartment is built.
Submit an application for a certificate of ownership of an apartment building
– The project investor will be responsible for submitting the application on behalf of the buyer or tenant to purchase the apartment building. The profile includes the following components:
- Firstly An application for a Certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04/DK in Decree No. 43/2014/ND-CP;
- Contracts for the sale and purchase of houses in accordance with the law;
- Minutes of house handover between the investor and the purchaser, lease-purchase of the apartment;
- A notarized and certified copy of the household registration book, ID card/ CCCD and other relevant papers of the purchaser, rent-purchaser of the apartment;
– In case the purchaser or lease-purchaser of an apartment building directly carries out the procedures; for applying for the Certificate of ownership of the apartment building; the buyer or hire-purchaser of the apartment building will prepare the same documents as above; and the investor. The project is responsible for providing the documents in the dossier to the buyer in accordance with the law.
– Number of documents: 01 set.
– Location of application: submit at the Land Registration Office at the District/District level.
Note: In case the locality where the apartment building is located has not yet established a Land Registration Office, the application will be submitted directly at the District People’s Committee; or the Department of Natural Resources and Environment according to the prescribed competence.
- Fee for issuance of certificate of apartment ownership: the maximum fee is not more than 100,000 VND/certificate.
Issuance of apartment building ownership certificate
– After receiving a valid dossier from the investor or the owner of the apartment, directly requesting it; the land registration office where the application is received will be responsible for performing the following tasks: :
- Check the legal documents in the file; confirm eligibility or ineligibility for issuance of Certificate of home ownership of the owner in the application for Certificate;
- Send cadastral data to tax authorities to determine financial obligations (if any);
- Update information in the cadastral records and land database (if any);
- Prepare documents to submit to the Department of Natural Resources and Environment;
- Grant the certificate of apartment ownership to the grantee.
- Request the project investor to submit the issued apartment building ownership certificate for correction into the cadastral dossier and land database;
– The time limit for issuance of the Certificate of ownership of the apartment building is no more than 15 days from the date of receipt of the valid dossier as prescribed by law.
You can refer to the article related to Regulations on apartment ownership
Related artice: Procedures for foreigners to buy apartments in Vietnam
Foreigners buy apartments of Vietnamese individuals
Related questions
The purpose is to make a place to live for people whose houses and land have been cleared. People choose one of the following two cases:
Receive compensation and move to another place
Moving into a resettlement area (a type of apartment building with basic services)
This is a type of apartment for people with low income. People who have been working for a long time but do not have enough money to buy a house have to rent a house to live in. In general, you will have to show low income to get into this type of housing.
Social housing is only granted a certificate of house ownership, lease and transfer after 5 years of receiving the house.
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