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Circular 03/2014/tt-Bxd: Modification, Additional Article 21 Of Circular No. 16/2009/tt-Bxd Dated 01 September 2010 Of The Ministry Of Construction Specific Regulations And Instructions Made Some Content Of The Decree's ...

Original Language Title: Thông tư 03/2014/TT-BXD: Sửa đổi, bổ sung Điều 21 của Thông tư số 16/2010/TT-BXD ngày 01 tháng 9 năm 2010 của Bộ Xây dựng quy định cụ thể và hướng dẫn thực hiện một số nội dung của Nghị định s...

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Numbers: 03 /2014/TT-BXD
Hanoi, February 20, 2014


Edit, add Article 21 of the Digital Information 16 /2010/TT-BXD September 1, 2010

of the Department of Specific Regulation and Guide to some of the content of the

Number Protocol 71 /2010/NĐ-CP June 23, 2010 Government

the detailed regulation and direction of the Housing Law enforcement


House Law Base on November 29, 2005 and Law No. 34 /2009/QH12 June 18, 2009 on the amendment, Article 126 of the Housing Law and Article 121 of the Digital Land Law 13 /2003/QH11;

Base of Protocol 71 /2010/NĐ-CP June 23, 2010 by the Government Regulation and directions the implementation of the Housing Law (later called the Digital Protocol). 71 /2010/NĐ-CP);

Base of Protocol 62 /2013/NĐ-CP June 25, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Construction;

At the suggestion of the Director of the Department of Public Administration and the real estate market;

Minister for Construction of the Revised Notification, Additional Article 21 of the Digital Information 16 /2010/TT-BXD September 1, 2010 of the Ministry of Specific Regulatory Constructs and guidelines perform several content of the Digital Protocol. 71 /2010/NĐ-CP June 23, 2010 by the Government Regulation and directions the implementation of the Housing Law (the following call for Digital). 16 /2010/TT- BXD).

What? 1. Modified, add 1 and paragraph 2 Article 21 of the Digital Information 16 /2010/TT-BXD as follows:

1. Modified, add 1 paragraph as follows:

" 1. Housing transactions must be established in writing (collectively known as housing contracts) that have regulatory content at Article 93 of the Housing Law, the Civil Code, Article 63 of the United States Census. 71 /2010/NĐ-CP, complying with the sample contracts and the content of the contract on the regulation at the issued appendix on this message.

For the estate business of the real estate business, the parties have to form four copies, one buyer, the other three, to the owner of the investment, to pay taxes, the fees before the book, the procedure of granting a license to the right of the land, the ownership of housing and other property attached to the land (after this is called a Certificate of Certification) to the buyer and to save; the purchase contract here has legal value to determine the rights and obligations of the housing buyer during the management, use of the household. The house has been bought, even the case with the housing buyer has been granted the authority to grant the certificate ".

2. Modified, add 2 as follows:

" 2. For the contract to purchase a commercial apartment semi-apartment with an investment holder, in addition to the specified content at this one Article, the parties must also specify the following contents: the possession of the property, the common use, the part of its own possession. of the owner of the apartment building; the floor area of the apartment building; the area uses the apartment (the information area) to charge the sale of the apartment; the 2% maintenance budget of the housing sale; the fee and the principle of regulating the management fees of the apartment building in the apartment. time has not yet established the House Board of Directors. Accompanied by a semi-apartment purchase contract, the Governing Cabinet is used by the owner of the house by the owner of the house, the design of the apartment, with the apartment and the apartment with the apartment purchased by the apartment.

The area of the use of the apartment is calculated according to the size of the size as the example of the drawing below and is inscribed on the Certificate of Identification for the buyer, including the area of the wall preventing the inside rooms in the apartment and the balcony area, the batch (if any) attached. In addition to that apartment, not counting the house walls, the walls divided the apartments, the floor area with columns, the engineering box located inside the apartment.

When the public area is calculated, the entire floor area is calculated from the inner edge of the general wall. When the apartment desk, the parties must be clear in the apartment table or in the appendix, the area of the exchange and the area of the deposit in the contract purchase contract; the apartment table or the contract appendix is considered. an unseparable part of the apartment buying contract ".

What? 2. Regulations on the contract to purchase the commercial apartment apartment

1. The executive with this message is a contract for the sale of a commercial apartment sale between the investment owner and the buyer of the apartment instead of the contract for the sale of the trade apartments in Annex 16. 16 /2010/TT-BXD.

2. Since this Private Day is in effect, the purchase of commercial apartment semi-apartments between the investment owner and the customer do not comply with the content and according to the issued sample contract issued by this Smart, the contract has signed unlawfully. And not used as a base for certification. The owner is responsible for registering the contract for the sale of the apartment in accordance with the prescribed form at this level with the authority under the jurisdiction of the law on the protection of consumer rights.

What? 3. Contest Article

1. This message has been in effect since April 8, 2014.

2. The case of the parties that signed the purchase contract before the date of this date is valid, the identification of the apartment area to charge the sale is made by agreement in the contract to purchase the apartment that the parties have signed.

3. In the course of execution, if there is a proposal to submit an opinion on the Ministry of Construction for modification, the supplement under the authority ./.



Nguyen Tran Nam