|Process || |
- On behalf of foreign individuals purchasing an apartment in its commercial housing development project, the real estate company investing in house construction for sale is responsible for submitting the purchaser’s dossier at the Hà Nội Land Registry administered by the Hà Nội Department of Natural Resources and Environment.
- Upon receiving the dossier, the Hà Nội Land Registry inspects documents contained in the dossier. Comment cards will be sent to state management agencies in charge of housing and construction if necessary; upon receiving the comment cards, these management agencies are responsible for sending written replies to the Hà Nội Land Registry.
- Land use status will be inspected. If the land use status suits to the approved detailed planning map of the investment project and the approved post-construction drawing (if any), the cadastral map shall be edited and corrected, and a copy of the map shall be issued for the issuance of the certificate. Otherwise, the inspection results shall be sent to the state management agencies in charge of housing and construction for further being processed in accordance with the law.
- The Certificate shall be sent to the Department of Natural Resources and Environment for signature. Upon receiving the Certificate, the Land Registry shall inform the applicant to fulfill financial obligations (Time for fulfilling financial obligations is not included in processing duration); After the applicant submits necessary documents evidencing their fulfillment of financial obligations, the Hà Nội Land Registry is responsible for collecting the original papers relating to land and land-attached properties and handing over the Certificate to the licensee.
|Contents and number of the dossier || |
* Contents of the dossier:
- Application form 01/DK- GCN for the Certificate of land use right and the ownership of house and land-attached properties;
- Copies of documents evidencing that the applicant is allowed to purchase and own house in Việt Nam and that the applicant satisfies all requirements for purchasing and owning house in Việt Nam according to Resolution No. 19/2008/QH12 dated June 03, 2008 of the National Assembly and Decree No. 51/2009/ND-CP dated June 03, 2009 of the Government;
- Certified or notarized copy of the purchase-sale contract;
- Copy of the Decision on land transfer or on land use purpose conversion issued by competent authorities;
- Copy of the Decision approving the project or approving investment or the Investment License/ Certificate;
- Copy of the Decision approving the project’s detailed planning at 1:500 scale (if there is no copy of this Decision, a copy of the written agreement on the total area of the land lot with house or building is required);
- Original certificate of land use right or other certificates as stipulated by Decree 88/2009/ND-CP;
- Copy of documents on fulfilling financial obligations or documents issued by tax authorities evidencing the fulfillment of financial obligations up to the time of taking over land or land use right transfer from others to build house for sale or for real estate business (attached with copies of the buyer’s documents on fulfilling financial obligations);
- Layout of house and land lot; the post-construction drawing or the drawing of plan design in accordance with the reality of house or building without re-measurement or re-drawing; in case of apartment building, the drawings of the entire apartment building and of the floor where the apartment locates are required. If the floor drawing does not clearly show the apartment’s size, the drawing of the apartment is required.
If the purchase is carried out through a real estate trading center, all cases of transfer since the effective date of Decree No. 88/2009/ND- CP must be evidenced by documents on the transfer through the real estate trading center.
* Number of dossier: one (01) set.
|Legal basis || |
- Laws of the National Assembly: Civil Law; Commercial Law; Land Law 2003; Construction Law; Housing Law; Investment Law; Business Law; Notarization Law; Real Estate Business Law; Personal Income Tax Law; Law amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law;
- The National Assembly’s Resolution No. 07/2007/QH12 dated November 12, 2007;
- Ordinance of the National Assembly Standing Committee’s: Ordinance on the Capital; Ordinance on Charges and Fees;
- The National Assembly Standing Committee’s Resolution No. 1081/NQ-UBTVQH11 dated February 23, 2007 on establishing a delegation to supervise “the compliance with laws on issuance of land use right certificates;
- The Government’s Decrees: No. 57/2002/ND-CP dated June 03, 2002; No. 106/2003/ND-CP dated September 23, 2003; No. 90/2006/ND-CP dated September 06, 2006; No. 95/2005/ND-CP dated July 15, 2005; No. 24/2006/ND- CP dated March 06, 2006; No. 92/2005/ND-CP dated July 12, 2005; No. 181/2004/ND-CP dated October 29, 2004; No. 92/2005/ND-CP dated July 12, 2005; No. 17/2006/ND- CP dated January 27, 2006; No. 90/2006/ND-CP dated September 06, 2006; No. 108/2006/ND-CP dated September 22, 2006; No. 153/2007/ND-CP dated October 15, 2007; No. 100/2008/ND-CP; and No. 88/2009/ND-CP dated October 19, 2009;
- The Government’s Resolutions: No. 02/2008/NQ-CP dated January 09, 2008; and No. 01/2009/NQ-CP dated January 09, 2009;
- The Prime Minister’s Decision No. 09/2007/QD-TTg dated January 19, 2007;
- The Prime Minister’s Instructions: No. 05/2006/CT-TTg dated February 22, 2006; and No. 24/2007/CT-TTg dated November 01, 2007;
- Instructions of the Minister: No. 02/2007/CT-BTNMT dated November 19, 2007; and No. 02/2008/CT- BTNMT dated December 04, 2008;
- Circulars of the Minister: No. 63/2002/TT-BTC dated July 24, 2002; 06/2004/TT- BTC dated February 04, 2004; No. 01/2005/TT-BTNMT dated April 13, 2005; No. 45/2006/TT- BTC dated May 25, 2006; No. 97/2006/TT-BTC dated October 16, 2006; No. 09/2007/TT-BTNMT dated August, 02, 2007; No. 84/2008/TT-BTC; and No. 17/2009/TT-BTNMT dated October 21, 2009.
- Joint Circulars: No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005; No. 03/2005/TTLT-BTP- BTNMT dated June 13, 2006; No. 30/2005/TTLT/BTC-BTNMT; No. 04/2006/TTLT-BTP-BTNMT dated June 13, 2006; No. 03/2007/TTLT/BTC-BTP dated January 10, 2007; No. 05/2007/TTLT-BTP-BXD-BTNMT-NHNN dated May 21, 2007; and No. 36/2008/TTLT-BTC-BTP dated April 29, 2008;
- Resolution of the Hà Nội People's Council: No. 23/2008/NĐ-HDND dated December 12, 2008;
- Decisions of the Hà Nội People’s Committee: No. 10/2009/QD-UBND dated January 09, 2009; No. 15/2009/QD-UBND dated January 09, 2009; No. 110/2009/QD-UBND dated October 13, 2009; No. 117/2009/QD-UBND dated December 01, 2009; and No. 04/2011/QD-UBND dated January 26, 2011.