Hello LSX. I have bought an apartment in Thanh Xuan district, Hanoi, but it has been 14 months since the contract, but the investor has not yet handed over the house to me, many times using the excuse that the impact of the epidemic, In the case of A house sale contract is formed in the future, between the two parties there is a contract that will compensate 12% per year if the contract is behind schedule and will refund the principal. So about the matter “The investor is slow to hand over the apartment in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on real estate business 2014
- Decree 139/2017/ND-CP
Definition of apartment building
An apartment building is a house in which there are many separate apartments that are independent of each other but have common areas or equipment.
An apartment building is a house with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, shared ownership and a system of infrastructure works for common use by households. , individuals and organizations, including condominiums built for residential purposes and condominiums built with mixed-use purposes for residential and business purposes.
According to the provisions of Clause 3, Article 3 of the Law on Housing 2014: “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”.
According to the provisions of Clause 1, Article 3 of Circular No. 28/2016/TT-BXD: An apartment building is an independent block or several blocks that share a floating podium on the ground built according to regulations. project plans and documents approved by competent authorities.
According to the provisions of Clause 1, Article 3 of Circular No. 28/2016/TT-BXD: An apartment complex is a collection of 02 or more apartment buildings built according to the planning and project documents issued by a competent authority. approval authority.
Shared area and equipment in an apartment building are owned by the owner or are jointly owned by all owners of independent apartments in that apartment building. This common area is an indivisible part of the property.
Everyone has equal rights and obligations in the use of shared areas and equipment in the apartment building.
Conditions for handing over the department building
The investor is only allowed to hand over the house when the apartment/townhouse project in particular and the projects under the project in general have been tested and accepted and meet the technical, quality and safety requirements as prescribed. of the licensed project. The following conditions may be included:
According to Clause 3, Article 13 of the Law on Real Estate Business 2014, it is only allowed to hand over houses and construction works to customers when:
• Completed the construction of houses, works and technical and social infrastructure works according to the schedule stated in the approved project;
• Ensure connection with the common infrastructure system of the area
• In case of handing over a house or a rough construction work, the entire exterior of the house or construction must be completed.
In case of handing over the raw house, the entire exterior of the house must be completed
According to the provisions of Article 123 of the Law on Construction, completed work items and construction works may only be put into operation and use after they are tested and accepted to ensure the requirements of construction designs and applicable standards. , technical regulations for the works, regulations on management and use of construction materials and are tested and accepted in accordance with the provisions of the Law on Construction.
At the same time, the Law on Fire Prevention and Fighting also prohibits the acceptance and putting into use of works at risk of fire and explosion, high-rise buildings, and commercial centers when the conditions for fire prevention and fighting are not yet fully met. on fire.
What are the obligations of the investor?
According to Article 58, Article 22 of the Law on Real Estate Business 2014, the investor is obliged to:
– Provide information on the progress of construction investment, the use of advance money and create conditions for the purchaser and the lessee to inspect the actual construction at the construction site.
– Deliver the house or construction work to the buyer on time, with quality and other conditions agreed upon in the contract; hand over the certificate of land use rights, ownership of houses and other land-attached assets and relevant documents as agreed in the contract.
– Compensation for damage caused by their own fault.
Along with that, Article 58, Article 23 of the Law on Real Estate Business 2014 stipulates that homebuyers have the following rights:
– The buyer, the lessee has the right to request the seller or the lessor to provide information on the construction investment progress, the use of the advance payment and the actual inspection at the construction site;
– Request the seller to deliver the house or construction work on time, with the quality and other conditions agreed upon in the contract; hand over the certificate of land use rights, ownership of houses and other land-attached assets and relevant documents as agreed in the contract;
– Request the seller to compensate for damage caused by the failure to deliver the house or construction work on time, with quality and other commitments in the contract.
Penalty level when the investor is late to deliver the house
In case the investor is late to hand over the house, it will be administratively handled according to the provisions of Decree 139/2017/ND-CP. Accordingly, the act of late handing over the project according to the approved schedule may result in a fine ranging from VND 40,000,000 to VND 50,000,000 (point b, Clause 1, Article 13).
If the investor, owner or the management and operation unit of the work fails to hand over, hands over late or fails to hand over the approved construction maintenance process to the owner, the the management using the works shall be fined from 20,000,000 VND to 30,000,000 VND.
In addition, the violator is also subject to the remedial measure of forcing the investor to fully hand over the approved construction maintenance process (Point d, Clause 2, Clause 4, Article 19);
In case the investor or the owner of the house or construction works acts in the construction of a real estate business project or a housing construction investment project behind schedule approved by a competent authority, shall be subject to a fine of between VND 250,000,000 and 300,000,000 (Point c, Clause 3, Clause 6, Article 57).
In addition, the violating party is also subject to remedial measures such as forcing the refund of funds (if required), compensating for damage (if any).
The investor is slow to hand over the apartment in Vietnam
According to the provisions of Article 434 of the Civil Code 2015 (Civil Code 2015), the seller can only deliver the property before or after the time limit if the buyer agrees. Thus, the time to be counted as late handover of the house and land is the end of the time limit for handing over the house as agreed upon or prescribed by law but the seller has not yet fulfilled the handover obligation.
The investor’s delay in handing over the house falls under the case of late performance of obligations as prescribed in Article 353 of the Civil Code 2015 and must bear the following compensations:
• The late handover party must compensate for all damage caused by the breach of contractual obligations as agreed in the contract. Damage is determined to include both material damage and mental damage according to Article 360, Article 361, Article 419 of the 2015 Civil Code.
• The party who is late in handing over the house and land shall be subject to penalties for violations according to the signed contract. The fine level for violation is unlimited and agreed upon by the parties in accordance with Article 418 of the Civil Code 2015. In addition, the investor must also bear a fine as prescribed in Decree 139/2017/ND-CP.
In addition to the above claim for damages, you can initiate a lawsuit at the Court.
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Contact LSX
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “The investor is slow to hand over the apartment in Vietnam” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- General provisions regarding investor selection in PPP in Vietnam
- Regulations on maintenance of apartment buildings for investors in Vietnam
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
In fact, the above situation happens a lot and the client can send a text to the investor requesting a face-to-face meeting and an accompanying lawyer.
If the investor refuses to perform its obligations and directly infringes upon the rights of citizens, the customer can request the competent authorities to step in to ensure his rights and interests. Or the customer can initiate a lawsuit to the competent People’s Court to request the investor to perform the contractual obligations.
The petitioner submits the application to the Court with jurisdiction
The court receives and processes the petition
Paying court fee advance
The court examines, evaluates the file, prepares for trial.
Court opening first-instance trial and appellate trial (if any)
The court issues a judgment/decision. The legally effective judgment/decision and the rights and obligations of the parties in the judgment arise when there is no appeal or protest.
The petition file includes the following documents:
The petition (Article 189 Civil Procedure Code 2015).
Evidence and attached documents to prove that their legitimate rights and interests have been infringed (house purchase and sale contract, loan contract to buy a house, etc.)
Household registration, identity card;
Records related to the petitioner, litigants and related persons.
Conclusion: So the above is The investor is slow to hand over the 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
