Regulations on the issuance of red books for apartment houses in Vietnam
Making a red book for apartment houses is a matter of concern to most people today; when the demand for apartment ownership is increasing. In order to clearly verify who has the right to own the apartment, residents must understand the procedures and regulations on the order of issuing red books. Besides, this also helps the owner to limit the risks when intending to buy and sell apartments. So how is the red book for apartment buildings done? What are the deadlines, procedures, and documents for applying for a red book? To clarify this, today, LSX Lawfirm will give you an article about “Regulations on the issuance of red books for apartment houses in Vietnam“, as follows:
Legal grounds
Land Law 2013
Housing Law 2014
Law on real estate business 2014
Decree 43/2014/ND-CP
Decree 140/2016/NND-CP
What is Red Book?
Red book, the pink book is the word that people often use to call the Certificate of land use right based on the color of the Certificate; The land law has so far not provided for the Red Book.
Currently, the Land Law 2013 and guiding documents inherit the name of the new Certificate, specifically:
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets. legal rights of people with land use rights, house ownership rights, and ownership of other land-attached assets (according to Clause 16, Article 3 of the 2013 Land Law).
Accordingly, this is a short way of calling that people often use; instead of the name of the certificate of land use rights, ownership of houses, and other land-attached assets. Hereinafter collectively referred to as the Certificate.
Legal regulations on the issuance of apartment ownership certificates
Responsibility to apply for a certificate of apartment ownership
Pursuant to Clause 7, Article 26 of the Law on Housing 2014 stipulates:
Within 50 days from the date of handing over the house to the buyer or from the time the lessee has paid the agreed amount in full, procedures must be carried out to request a competent state agency to issue a certificate to receive housing for buyers, renters, and buyers, except for cases where the buyer or hire-purchase voluntarily carries out the procedures for applying for a Certificate.”.
In addition, Article 13 of the Law on Real Estate Business 2014 stipulates: “Within 50 days from the date of handing over the house or construction work to the buyer or from the date of expiration of the lease-purchase, procedures must be carried out to competent state agencies grant certificates of land use rights and ownership of houses and other land-attached assets to the purchaser or the lessee, unless the purchaser or lessee-purchaser has a written request to request to carry out the certification procedures by themselves”.
According to the provisions of the Law on Housing 2014, the owners of housing projects and apartments are responsible for completing the application and making the Certificate of land use right and ownership of the house and property on behalf of the home buyer. other attached to land (GCN).
You can also do this procedure yourself but before that; you need to meet the conditions as prescribed by the Law on Housing and the Law on Real Estate Business.
Conditions for applying for an apartment ownership certificate
Although the responsibility for applying for a red book is regulated by the investor; however, you can also do this procedure yourself. The investor is responsible for providing the necessary documents for the buyer to carry out the procedures to apply for a certificate.
Accordingly to the provisions of Articles 8, 9 of the 2014 Housing Law; Article 13 of the 2014 Law on Real Estate Business, the conditions for you to apply for the red book of an apartment building yourself are as follows:
- Firstly, Having an apartment sale and purchase contract with the investor;
- Secondly, Complete the payment for the house purchase stated in the Apartment Sale Contract;
- Thirdly, An application form for a certificate of ownership of the apartment issued by the investor.
Procedures for applying for a certificate of apartment ownership
Hồ sơ xin cấp giấy chứng nhận quyền sở hữu căn hộ
Clause 3, Article 72 of Decree 43/2014/ND-CP stipulates the order and procedures for registration and issuance of house ownership certificates:
The investor of a housing project is responsible for submitting 01 application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets on behalf of the transferee of land use rights. land, buy houses, construction works or provides documents to the buyer for registration.”
Profile includes:
- An application for registration of land and land-attached assets, issuance of a certificate of land use rights, and ownership of houses and other land-attached assets then;
- Contract on the transfer of land use rights, purchase and sale of houses and construction works as prescribed by law (original) then;
- Minutes of handing over houses, land, and construction works (original);
- Minutes of liquidation of house purchase and sale contract or construction work or VAT invoice or written confirmation then. of completion of financial obligations of the investor;
- Non-agricultural land use tax declaration;
- House and land registration fee declaration then;
- Personal income tax return for acquisition (if any).
Order and procedures for implementation
Step 1: After completing the work, the investor submits the project dossier to the Department of Natural Resources and Environment;
Step 2: The Department of Natural Resources and Environment inspects the construction and transfer of the project;
And Step 3: The Department of Natural Resources and Environment notifies the investor to continue to apply for the grant of a certificate to the homebuyer;
Step 4: The investor or the home buyer applies for a license;
- Firstly, Submit an application for a certificate at the Land Registration Office;
- Secondly, The land registration office and the tax authority shall appraise the documents and determine the financial obligations;
- Thirdly, Fulfill financial obligations;
- Finally, If eligible, the Department of Natural Resources and Environment will issue a Certificate.
License fee
According to the provisions of Articles 6 and 7 of Decree 140/2016/ND-CP, the buyer or the investor who carries out the procedures for the Red Book of the apartment building must fulfill financial obligations. That is, complete the fees, including
Registration fee: 0.5% multiplied by house price;
Fees for the grant of certificates: shall regulate by the provincial-level People’s Councils.
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Câu hỏi liên quan
Foreign individuals specified at Point c, Clause 1, Article 159 of this Law must be allowed to enter Vietnam and not be entitled to diplomatic and consular privileges and immunities as prescribed by law. the law”.
Besides that; The house that the foreigner buys must satisfy the conditions of the area where the house is owned; according to the provisions of Article 75 of Decree 99/2015/ND-CP then.
Accordingly to Clause 40, Article 2 of Decree 01/2017/ND-CP, the implementation time limit is set by the Provincial People’s Committee but:
– Firstly, No more than 30 days from the date of receipt of valid dossiers; no more than 40 days for communes in mountainous, island, deep-lying, and remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions.
– Secondly, This time does not include the time of holidays and holidays as prescribed by law; does not include time for receiving dossiers at the commune, time for fulfilling financial obligations of land users; does not include the time for consideration and handling of the case of land use in violation of the law, the time for soliciting expertise then.
An apartment house is a house with 2 floors or more, has many apartments, has a common path and stairs, has a private part and a shared part. and a system of common-use infrastructure works for households, individuals, and organizations, including apartment buildings built for residential purposes and condominiums built with mixed-use purposes for residential purposes living, and doing business then.
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