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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CIRCULAR additional amendments to article 20 of circular No. 16/2009/TT-BXD dated 01 September 2010 of the Ministry of construction specific regulations and instructions made some content of Decree No. 71/2010/ND-CP dated 23 June 2010 of the Government detailing and guiding the implementation of the Housing Law _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on housing, November 29, 2005 and the Act No. 34/2009/QH12 on 18/6/2009 on amendments and supplements of the law 126 Articles and Article 121 of the Land Law No. 13/2003/QH11;
Pursuant to Decree No. 71/2010/ND-CP dated 23 June 2010 of the Government detailing and guiding the implementation of the Housing Law (hereinafter referred to as the Decree No. 71/2010/ND-CP);
Pursuant to Decree No. 62/2013/ND-CP dated 25 June 2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Proposal of the Director of Department of management and the real estate market;
Construction Minister issued circular additional amendments to article 20 of circular No. 16/2009/TT-BXD dated 01 September 2010 of the Ministry of construction specific regulations and instructions made some content of Decree No. 71/2010/ND-CP dated 23 June 2010 of the Government detailing and guiding the implementation of the Housing Law (hereinafter referred to as the circular No. 16/2009/TT-BXD).
Article 1. Additional amendments clause 1 and clause 2 of article 21 circular No. 16/2009/TT-BXD DATED as follows: 1. Amendments, supplements paragraph 1 as follows: "1. The housing transactions must be made in writing (collectively referred to as the contract of houses) has the contents specified in article 93 of the Housing Law , The civil code, article 63 of Decree No. 71/2010/ND-CP, in compliance with the form and content of the contract the contract for housing provisions in the annex attached to this circular.
For house purchase contract of the real estate business, the right made, a buyer, the three remaining copies to the investor for tax filing procedures, fees, stamp certification procedures of land use rights, ownership of housing and other assets attached to land (hereinafter referred to as the certificate) for buyers and to retain; house purchase contract has a legal value to determine the rights and obligations of the buyer of houses throughout the process management, the use of houses bought, including the case of the buyer in the home competent authority certificate ".
2. additional amendments clause 2 as follows: "2. for sales of commercial apartments signed with the owner, then in addition to the contents specified in paragraph 1 of this article, the parties have to specify more the following content: the area owned, general use, private owned area part of condominium owners; apartment building floor area; using area apartment (area navigation) to charge for the sale of apartments; account maintenance funding 2% money sell House; rates and guidelines regulate fees of condominium management in time yet established Admin condominium. Enclose the purchase contract the apartment is A Rules Manager use the condo owner, a designer apartment, ground floor there are apartments and condominiums have ground apartment purchase has been approved.
Using area apartments are calculated according to the size of the marine information as for example according to the figure below and recorded on the certificate granted to the buyer, including the section area of the wall prevents the room inside the apartment and balcony area, batches (if any) attached to that apartment , not how the House wall, the wall dividing the apartment, floor area has columns, technical boxes located inside the apartment.
When calculating the area of the balcony, the whole floor area calculation, balcony case there most common wall area, the edge out of the wall. When handing the apartment, the parties must specify in the report on the delivery of the apartment or in the annex area used the apartment reality delivered and recorded in the area of apartment purchase contract signed; minutes of handing over apartments or Appendix is considered an inseparable parts of the contract for the sale of flats ".

Article 2. Regulation on the contract for the sale of commercial apartment 1. Attached herewith a sample contract for the sale of commercial apartment between owner and apartment buyers alternative model contract for the sale of commercial apartment specified in Appendix No. 16 attached to circular 16/2009/TT-BXD.
2. From the date of this circular are enforceable, cases of purchase and sale of commercial apartment between owner and the customer does not comply with the content and the form contract attached to this circular, the signed contract was not recognized by law and cannot be used as a basis for the certification. The owner has the responsibility to register the purchase contract the apartment according to the model specified in this circular to the competent authorities under the provisions of the law on protection of consumer rights.
Article 3. Terms of implementation 1. This circular effect since April 8, 2014.
2. where the parties have signed the contract for the sale of apartments before the day this circular effect is the determination of the area of the apartment to charge sale is made under the agreement in the contract of purchase and sale of apartments for which the parties signed.
3. in the implementation process, if there are concerns recommendations submitted comments on The construction of additional amendments to jurisdiction./.