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According to the Ministry of Construction, the following is their opinion on the matter:
Article 3, Section 4 of the 2023 Law on Real Estate Business stipulates:
4. Existing houses and constructions are those that have been completed and accepted for use in accordance with the provisions of the law on construction.
Point a, Section 1, Article 44 of the 2023 Law on Real Estate Business stipulates about the sale and purchase contracts and lease-purchase contracts for houses. The Government has issued Decree No. 96/2024/ND-CP dated July 24, 2024, detailing the implementation of a number of articles of the Law on Real Estate Business, which stipulates that the sale and purchase contracts and lease-purchase contracts for houses shall be made according to the models in Appendix I issued together with Decree No. 96/2024/ND-CP.
Point a, Section 1, Article 49 of the 2023 Law on Real Estate Business stipulates cases where the sale and purchase contracts for houses are transferred in accordance with the provisions of the Law on Real Estate Business, including:
a) Contracts for the sale and purchase of future houses.
In case the contracts for the sale and purchase of future houses are signed between the investor and the customer in accordance with the provisions of the law on real estate business, these contracts shall be transferred in accordance with the provisions of the law on real estate business.
The conditions, procedures, and dossiers for the transfer of real estate business contracts shall be implemented in accordance with Article 50 of the 2023 Law on Real Estate Business and Article 13 of Decree No. 96/2024/ND-CP dated July 24, 2024, of the Government detailing the implementation of a number of articles of the Law on Real Estate Business.
Point a, Section 1, Article 50 of the 2023 Law on Real Estate Business stipulates that the transfer of sale and purchase contracts for houses must meet the following condition:
a) It has not yet submitted a dossier requesting the competent state agency to grant land use rights and ownership of assets attached to the land in accordance with the law on land.
Point b, Section 2, Article 13 of Decree No. 96/2024/ND-CP stipulates: “… The dossier requesting notarization includes: the original contract transfer contracts; the original contract signed for the first time with the project investor; in case of transferring one or some houses and constructions in the total number of houses and constructions that have been bought, leased and bought according to the contract, the original contract or appendix to the contract reflecting the transferred house and construction that has been signed with the investor must be submitted; documents proving the amount of money that the contract transferee has paid to the project investor; original or certified copy of the minutes of house and construction handover (if any) and other papers (if any) according to the provisions of the law on notarization and authentication.”
Thus, in case the contracts for the sale and purchase of future houses are signed between the investor and the customer, and the houses belong to the case where a dossier requesting the competent state agency to grant land use rights and ownership of assets attached to the land has not been submitted in accordance with the law on land (not limited to the case where the customer has received the house handover from the investor), then the contract for the sale and purchase of that future house shall be transferred in accordance with the provisions of the law on real estate business.
The granting of land use rights certificates and ownership of assets attached to the land for houses bought and sold between the investor and the customer shall be implemented in accordance with the provisions of the land law. The company contacts the local competent authority to be guided, resolved according to regulations and competence.
Thereby, the Ministry of Construction requested Vingroup to study and implement it in accordance with the law.
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