How does the law stipulate the time to hand over apartment in Vietnam?
In the case of apartment buying, people have to consider the time to hand over the apartment in the contract. For some cases, it may take months or even years to carry out this procedure. However, people feel that time is quite long and unreasonable, they would like to receive the apartment sooner. Also, a lot of people do not know the regulations related to apartment handovers. So, in this article, LSX legal firm will answer the question: “How does the law stipulate the time to hand over apartment in Vietnam?”
Legal grounds
- Law on Construction
- Decree 06/2021/ND-CP
Conditions for handing over apartments
Eligible apartments for sale and handover need to fully meet the conditions:
- Tested and accepted as well as guaranteed to operate safely in accordance with regulations.
- Also, completed all housing construction items along with other works according to the project schedule.
- Lastly, the apartment has all documents to hand over the apartment building in accordance with the provisions of law.
In case the apartment or apartment building, when handed over to the customer, has not yet fully met the conditions for receiving the apartment building as above, the buyers have the right to refuse to receive the apartment handover.
When handing over the apartment, the seller also needs to make a handover record of the apartment and the buyer must preserve this handover record to avoid loss or misplacement. This is the basis to protect the interests of buyers after receiving the apartment.
How does the law stipulate the time to hand over apartment in Vietnam?
According to Article 27 of Decree 06/2021/ND-CP:
“1. The delivery of construction works and projects shall be subject to regulations laid down in Article 124 of the Law No. 50/2014/QH13, which is amended and supplemented in clause 46 of Article 1 in the Law No. 62/2020/QH14.
- Depending on the specific conditions of each construction work, each completed project constituent or each construction item that is completed and tested according to regulations can be delivered and put into operation at the request of the investor or the operator.
- Investors shall undertake the preparation of 01 set of documents serving the purposes of management, operation, and maintenance of construction works or projects in accordance with the provisions of Appendix IX of this Decree, and delivery thereof to owners or managers or users thereof during the process of such delivery. Owners or managers or users of construction works shall be responsible for retaining and archiving delivery documentation during the process of operation and use of such construction works.
- In case of partially putting construction works into operation or in use, investors shall undertake the preparation of construction completion documentation, the preparation, and handover of documentation serving the purposes of management, operation, and maintenance of the part of construction work to be put to use.”
Thus, at present, the law only stipulates the conditions for being handed over a house or construction work if that work has been completed and ensures safety in operation and exploitation when it is put into use, without specific regulations on the time limit for handing over the buyers.
Besides, the time of handing over the house will based on the apartment purchase and sale contract between the investor and the customer, the seller must hand over the apartment before or on time in the contract.
The process of handing over the apartment
Step 1: Prepare a list of eligible apartments for handover
- The Project Management Board, Construction Supervisor, and Main Contractor inspect the completed apartments according to the conditions of the construction contract for each notice of the contractor.
- Technical testing of apartments eligible for handover.
- Make a specific list of approved apartments for handover and notify the Sales Department and the Handover and Receiving Team to hand over to customers.
Step 2: Receive eligible apartments for handover and notify customers
- The sales Department and Handover Team receive the list of completed apartments for handover from the Project Management Board.
- The Handover Team checks the status of the apartments according to the list and confirms that the completed apartments eligible for handover to the Sales Department to notify customers.
- The Sales Department notifies customers of the apartments eligible for delivery according to the list to complete the payment procedures with the sales and finance departments…
- The Sales Department agrees on the apartment delivery schedule/plan with the customers on the list who have completed the financial procedures and notify the Handover Team to prepare the delivery procedures.
- The handover team checks and prepares delivery and receipt minutes as prescribed for each apartment, then assigns staff to welcome each customer according to the schedule/plan received from the Sales Department.
Step 3: Hand over the apartment to the customer
For customers who agree to receive the apartment:
- The staff in charge of handing over guides customers to sign the minutes of apartment delivery.
- Hand over keys, copy delivery records, resident manuals, apartment usage regulations… and guide Customers to contact the Apartment Management Board for assistance when moving into the apartment and living in the apartment.
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.
Related articles
- Current regulations on handing over apartments in Vietnam
- Regulations on the issuance of red books for apartment houses in Vietnam
- Procedures for buying an apartment without a land use right certificate
Related questions
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;
Firstly, State-secret works;
Secondly, Works constructed under urgent orders;
Thirdly, Makeshift works.
The basically completed apartment means you just need to “move in and live”. All the basic furniture the investor has equipped and handed over to you. However, these furniture will not include household appliances, electrical appliances, dishes, etc.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Current regulations on handing over apartments in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
Conclusion: So the above is How does the law stipulate the time to hand over apartment in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
