In order to hand over the construction work and hand over the house after it has been completed, the investor needs to ensure the conditions. So, what are those conditions, and what are the current regulations on handing over apartments? In this article, LSX legal firm provides: “Current regulations on handing over apartments in Vietnam”
Legal ground
- Law on Construction 2014
Conditions for handing over apartments.
According to Article 124 of the Law on Construction 2014, conditions for handing over the apartment must comply with the following rules:
1. The handover of construction works must comply with the following provisions:
a/ Construction works have been pre-acceptance tested in accordance with the construction law;
b/ Safety is ensured in the operation and exploitation when the works are put into use.
2. Project owners shall receive works according to contracts signed with contractors. Persons taking part in the handover of works shall take responsibility for products certified by them in the course of the handover. If they did not use managers of works, project owners shall hand over works to use managers after organizing the pre-acceptance test of the works. The handover of construction works shall be recorded in writing.
3. When handing over construction works, construction contractors shall deliver to project owners construction completion drawings, documents on the operation process, maintenance process, and a list of reserve equipment, spare parts and supplies, and other necessary related documents.
4. Pending the handover of construction works to their managers for use, project owners shall temporarily manage and operate these works.
Also, under Clause 3, Article 13 of the Law on Real Estate Business:
- The investor can only hand over the apartment to the customer when the work completed with the technical and social infrastructures according to the approved schedule.
- For raw apartments: Complete the entire exterior of the apartment.
Documents about the house construction work
According to the Appendix of Circular No. 05/2015/TT-BXD of the Ministry of Construction, when handing over the apartment, the investor must complete the list of documents about the house construction work:
- Firstly, construction permit;
- Secondly, the construction contract signed by the owner with the construction unit (survey, design, construction, supervision);
- Thirdly, report on construction survey results on construction progress;
- Fourthly, construction design drawings;
- Fifthly, report on verification results and appraisal results of construction design drawings;
- As-built drawing (in case the work differs from the original construction drawing design);
- Also, report on results of testing and inspection of works (if any);
- Lastly, documents of competent authorities on agreement and assurance of fire protection and technical systems in the apartment;
Standard apartment handover process.
The process of handing over the apartment between the investor and the customer is carried out according to a standard process to ensure that the rights and obligations of the two parties are complied with, specifically:
Step 1: Make a list, select and receive qualified apartments to hand over to customers
Prepare a sample of house handover minutes. At the same time, notify qualified customers to hand over the apartment, and complete the purchase and sale documents with the sales and finance department before handing over the apartment.
Step 2: Carry out the procedures for handing over the apartment to customers
- Prepare all required documents.
- The two parties together check, compare, answer questions, and agree on the terms of the contract.
- The handover party and the customer check the apartment: items, quality, quantity…
Step 3: The two parties sign minutes to confirm their agreement or disagreement with the handover
At this step, the buyer will sign to confirm or not agree to hand over. This record must be kept carefully by both parties to avoid the loss because this is the basis for protecting their rights before the law.
Apartment handover and apartment checking steps
Check the electrical system:
The central electrical panel area of the apartment usually located right behind the main door to the apartment and designed to have wires, including 01 circuit breaker (CB), and cover the lines controlling the lighting system, sockets… )
- Turn on the main circuit breaker -> Turn on the lights CB -> Turn on all the lights in the areas (living room, bedroom 1,2, kitchen area, toilet 1,2, loggia (drying yard). -> Check -> turn on and off 3 times continuously. If all lights are on and the type is correct as in the description, it is okay.
- Turn on all other CB: Use an electric tester, night light, or phone charger to check the electrical outlets in all areas (living room, bedroom 1,2, kitchen area, toilet).
- Turns on the kitchen fan to see if it works. Tear off a piece of fibrous paper, and put it in front of the hood to see how the fan runs.
Check the water system: centralized water system in Sanitation, Balcony loggia, washing machine, kitchen.
- Water supply system: open the faucets to see if it works. Get water to check the drainage system (take it with a bucket, carry the pot above), and check the lock valve.
- Drainage system: Pour water on the toilet floor, washing machine, and balcony to see if the drainage system works. Pour water on the floor, go check other things, come back but still have stagnant water, then the drainage is poor, because of the drain hole or because of the flooring, see and recommend it (this is often because many houses are damaged by tilers or improperly installed equipment).
- Besides, waterproofing: Visually check the wall positions, especially the base of the wall, sanitary, loggia, balcony, technical box…
Check other equipment
Tiles: Consider type, color brand, check size from living room -> bedroom 1,2 -> kitchen area -> toilet.
Note: According to experience, skirting card tiles and sanitary tiles are the most prone to peeling and scarring, so they should be noted when checking. For floor tiles, go back and forth many times, if blistered or not, you will feel your feet right away. For wall cladding, use your hand, screwdriver, or round head object to knock and check.
Ceiling: check if the ceiling is flat or not.
Fire alarm equipment: 1 fire detector in the apartment. Usually, the equipment and fire alarm system tested by the fire protection unit and the investor.
Check the area
Base on the handover minutes, technical records, and the floor drawings to measure and check the area of the apartment.
Check the height of the apartment to see if it match the design
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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- Instructions on procedures to suspend business in Lam Dong
- Procedures for business suspension in Vietnam
Related questions
Firstly, Construction contractors shall provide a warranty for works they have constructed. Work and technological equipment supply contractors shall provide a warranty for the equipment they have supplied.
Secondly, Contents of warranty for work include repair and replacement of damaged or faulty equipment due to contractors’ faults.
Thirdly, The warranty duration of works, their equipment, and technological equipment shall be determined according to types and grades of construction works and regulations of manufacturers or equipment supply contracts.
Article 133 of the Law on Construction 2014:
1. Contents of management of construction investment costs include total investment amounts, construction cost estimates, prices of construction bidding packages, prices of construction contracts, construction norms and prices, expenses for project management and construction investment consultancy; payment and settlement of construction investment funds; and rights and obligations of investment deciders, project owners and construction contractors in the management of construction investment costs.
2. The Government shall detail the management of construction investment costs.
Firstly, State-secret works;
Secondly, Works constructed under urgent orders;
Thirdly, Makeshift works.
Contact LSX
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