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Circular 16/2009/tt-Bxd: 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 Luậ ...

Original Language Title: Thông tư 16/2010/TT-BXD: Quy định cụ thể và hướng dẫn thực hiện một số nội dung của nghị định số 71/2010/NĐ-CP ngày 23 tháng 6 năm 2010 của Chính phủ quy định chi tiết và hướng dẫn thi hành Luậ...

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Pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;

Pursuant to Decree No. 71/2010/ND-CP dated 23 June 2010 of the Government detailing and guiding the implementation of the Housing Law;

The construction of 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 as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular specifies and guide the implementation of some of the content of the 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) of house property , housing development, manage the use of housing, housing transaction and state management of housing.

Houses in the scope of Decree No. 71/2010/ND-CP and specified in this circular includes: accommodation (houses, villas, houses, apartments) built to sell, lease, hire purchase demand and market mechanisms (including in the new urban housing , resorts, vacation packages, housing works had mixed use); the State-owned housing; the House is built to sell, lease, hire purchase according to the mechanism stipulated by the State (social housing); housing relocation; individual housing of households and individuals in urban and rural areas.

Article 2. The object that applies to this circular applies to the following subjects related to the housing sector in Vietnam: 1. organizations and individuals in the country;

2. organizations and individuals abroad, Vietnam people settled abroad;

3. The organizations and individuals related to the housing sector.

Chapter II article 3 housing DEVELOPMENT. Classified housing development project in housing development projects provided for in article 4 of Decree No. 71/2010/ND-CP consists of the following types: 1. residential development projects with the aim of constructing system infrastructure, social infrastructure systems works, housing and other structures in the scope of the project.

2. The development of independent housing, including: a) level II housing project residential projects in the areas defined in paragraph 1 of this article or in a new project or in projects of ecological tourist area, vacation packages;

b) independent housing project just build a building or a cluster of homes in the settlements or in existing urban areas already available technical infrastructure systems;

c) housing works have mixed use (residential buildings, offices, commercial centers, services).

Article 4. Order and procedure of selecting the investor housing development project of trade in the form of specified owner 1. For the case of a plot of land to commercial housing developers have only a registered Investor Investor housing development project, then do the following: a) within the time limit disclosure of information about the project development of commercial housing as specified in clause 2 article 14 of Decree No. 71/2010/ND-CP investors have sent the text (directly or by post) to the Department of construction where the proposed project be involved Subscribe investor housing development project.

If within the time limit specified in paragraph 2 article 14 of Decree No. 71/2010/ND-CP that only a registered Investor Investor housing development project, the building Department has requested documents that investors filed directly at the 2 sets of profiles (including : copy papers under the provisions of article 12 of Decree No. 71/2010/ND-CP; experience profile of the investor; the proposals of investors and a total investment of temporary projects);

b) on the basis of profiles of investors, reported people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) establishing expert is the participation of the representatives of: the construction, resources and the environment, planning and investment , Finance, architecture-planning (for the province, the City Department of architecture-planning) to review, evaluate the profile of investors. In the case of investors are eligible to do the project owner, the building Department has attached a sheet of the work of the expert report provincial people's Committee recommended recognition investor housing development project. the text Pattern recognition of the investor are stipulated in annex 1 attached to this circular.

If investors do not qualify to do the project owner, the building Department has written notice to investors that know why and report the provincial people's Committee review, specify other investors invested projects;

c) where investors are provincial people's Committee recognized the investor of the project, the investors held up and the competent authorities appraise, approve the detailed planning ratio of 1/500 (for new project areas the planning ratio of 1/2000) or the proposal to approve the drawings of the premises the architectural projects of public works, infrastructure solutions (hereinafter referred to as the drawing of the ground) of the project for cases not subject to detailed national planning 1/500 as stipulated by the law on planning.

After detailed planning 1/500 or approved drawings of the premises is approved then the owner suggested procedures for investment approval and held up, evaluation and approval of housing development projects as defined in article 7 of Decree No. 71/2010/ND-CP , as defined in article 5, article 6 of this circular and the provisions of the law on construction.

2. For cases of investors have the legal right to use land under the provisions of the law of the land, in accordance with the planning and housing construction have registered text made the project as follows: a) the investors filed directly at the building where the 2nd project profiles (including : copy proof have the legitimate right to use land under the provisions of the law of the land; copies of papers according to the provisions of article 12 of Decree No. 71/2010/ND-CP; the proposals of investors and a total investment of temporary projects);

b) after receiving the profile's capacity building Facility, perform the procedure specified in point b of paragraph 1 of this article. If investors do not qualify to do the project owner, the building Department has written notice to the investor knows the reason;

c) where investors are provincial people's Committee recognized investor housing development projects, the investors that have the responsibility to perform the work as specified in point c of paragraph 1 of this article.

Article 5. Order and procedure for evaluation and approval of housing development projects being built with investment funds from the State budget of 1. For housing development projects have invested 30 billion or more, not the land use fee (except in the case specified in clause 5 of this) then the owner must be filed directly at the building where the 2nd project profile proposal evaluation and approval of housing development projects as defined in paragraph 2 of this Article; in the case of the housing development projects under-invested 30 billion (not including land use money) and was the Chairman of the provincial people's Committee to authorize the President of the district-level people's committees shall approve the investor filed directly in record management functions at the district level where the project.

2. the recommended records appraisal and approval of development projects including: a) the owner of the Newspaper the people's Committee Chairman province level (for projects approved under the authority of the provincial people's Committee) or the President of the people's committees at district level (for projects under the jurisdiction of the people's Committee approval district level) proposed evaluation and approved housing development projects according to the form prescribed in Appendix 2 attached to this circular;

b) profile housing development project was established under the provisions of article 6 of Decree No. 71/2010/ND-CP;

c) a copy of the decision approving the planning of the details rate 1/500 and drawings the planning ratio of 1/500 has been approved by the competent authority; case not detailed national planning 1/500 it must have a copy of the drawing of the face by the competent agencies on planning approval under the provisions of the law on planning;

d) text copies delivered owner project by the appropriate authorities.

3. The Department or building management functions at the district level have a responsibility to check, if eligible, then the receiving records and written receipt record, date paid results, if the records are not yet qualified, the Guide to the additional owner papers, complete the profile at a time.

After receiving the record, or have management functions at the district level chaired the evaluation and taking the opinions of the bodies: resources and environment, finance, planning and investment and the other relevant authorities (if necessary); for the provincial Department of construction get more comments of the Department of architecture-urban planning (in the province, the City Department of architecture-planning) and the people's committees at district level where the project. Time related agencies respond to comments for a maximum of 10 days from the date of receipt of the Respective building or home management functions at the district level. After obtaining the opinion of the relevant agency, the Agency chaired the evaluation established the Sheet according to the form prescribed in Appendix 3 attached to this circular reports the President of the people's committees at the same level of project approval.

In the case of assigned construction projects invested in housing development, the building Department is responsible for organizing projects, taking the opinions of the relevant authorities according to the provisions of this paragraph and has suggested the Newspaper Chairman provincial people's Committee approved the project according to the content specified in annex No. 2 attached to this circular.


4. Based on the requirements for housing development projects provided for in article 5 of Decree No. 71/2010/ND-CP on the basis of the construction Sheet (for the province level) or rooms with home management functions at the district level (for the district level) and the opinions of the relevant authorities , Chairman of the provincial people's Committee or the Chairman of the people's Committee of the district level decision approved housing development projects according to the form prescribed in annex No 4 attached to this circular. The owner directly to get the decision approving the project developer of housing in locations that receive the profile noted in the receipt of submission.

5. where housing construction investment by the central budget funds (except housing development projects due to the prime investment decision) then before the people who decided to invest the appraisal and approval of projects, the owner filed directly 2 the records suggest the investment approvals at the provincial people's Committee where there are housing development projects to The provincial people's Committee approved the investment according to the order, the procedure prescribed in article 6 of this circular.

Records suggest that investment approvals include: the Sheet of the owner in the form specified in annex No. 5 attached herewith; text copy delivered owner project of the competent authority; a copy of the decision approving the planning of the details rate 1/500 and the drawing detailed planning 1/500 has been approved by the competent authority; in no case must the rate detail planning 1/500 it must have a copy of the drawings of the premises are the competent authorities on planning approval under the provisions of the law on planning.

Based on the recommended records approved investment of the investor, the provincial people's Committee has approved the investment text according to the form prescribed in annex 7 attached to this circular. After the provincial people's Committee has the investment approval, the owner held up the project for submission to authority investment appraisal, decision approving the housing development projects as defined in article 7 of Decree No. 71/2010/ND-CP and the provisions in this article.

6. the following cases when the project was approved that the owner has proposed a change in the content of the project prescribed in clause 4 Article 7 of Decree No. 71/2010/ND-CP, the owner must have the approval sheet of proposed additional content accompanying project profile of the project has been approved to send the Department of building (if the projects an Delegation the provincial people's Committee approval), have sent home management functions at the district level (if the projects an people's Committee at district level approval).

Department of building or housing management districts are responsible for receiving, testing, evaluation and the President of the people's committees at the same level of approval in writing additional content housing development project. In case no additional approval, the receiver records must have a clear written notice of reasons for investors to know.

The case of the project to use the central budget according to the provisions in clause 5 of this that the owner proposed to change the content of the project other than the text content approved investment of provincial people's committees, the owner must have written recommendations provincial people's Committee approved the supplement before the competent agency approved additional supplements the content of project changes.

7. provincial people's committees and local authorities when performing due diligence, approval of housing development projects are based on the provisions of Decree No. 71/2010/ND-CP, defined in resolution No. 33/2008/NQ-CP on December 31, 2008 of the Government on the implementation of some pilot paperwork in construction investment for the project new urban projects, housing projects, projects of technical industrial zone (hereinafter referred to as resolution No. 33/2008/NQ-CP), specified in circular No. 03/2009/TTLT-BKH-BXD dated on August 27, 2009 by the Ministry of construction and Ministry of planning and investment, detailing some of the points in the resolution No. 33/2008/NQ-CP (hereinafter referred to as the circular No. 30/2009/TTLT-BKH-BXD) and the provisions of this circular, do not require the investor housing development project must do more procedures, certification for level II projects did not require the owner to do more investment registration procedures.

8. Duration of the competent agencies perform due diligence, project approval or approval of additional housing development projects defined in this Article is made according to the provisions of article 7 of Decree No. 71/2010/ND-CP. The currency valuation fees house development projects are implemented according to the current rules on fees for the evaluation of construction project.

Article 6. The order, approved procedures for investment in housing development projects being built with investment capital not from State budget 1. Order and procedure recommendations approved project investment in housing development (except for level II housing project) were built with investment capital not from State budgets that have the number of houses under 2,500 units (houses, villas, houses, apartments) are made according to the following provisions : a) for cases not tender the selection owner housing development projects:-the owner is responsible for the direct submission of 2 sets of records suggest the investment approvals at there home management functions at the district level (for a housing development project has the number under the radical 500) , filed directly at the Department of building (for housing development projects in number from 500 to 2,500 apartments self-catering).

Records suggest that investment approvals include: the Sheet of the owner in the form specified in annex No. 5 attached herewith; copies of the papers: the text recognises the project owner of the provincial people's Committee; papers according to the provisions of article 12 of Decree No. 71/2010/ND-CP; the decision approving the planning ratio of 1/2000 and the planned national drawing 1/2000 has been approved by the competent authority (for the project area does not yet have the planning ratio of 1/2000) or a copy of the decision approving the planning of the details rate 1/500 and the drawing detailed planning 1/500 has been approved by the competent authority (for with the planned rate of 1/2000); in no case must the rate detail planning 1/500 it must have a copy of the drawing of the face by the competent agencies on planning approval;

-Construction or home management functions at the district level have a responsibility to check, if the eligible records, then the receiving records and recorded receipt of records, appointment date, if the results are not yet qualified, the Guide to the additional owner, complete the profile at a time.

After receiving the record, or have management functions at the district level is responsible for presiding over the investigation, taking the opinions of the relevant authorities: resources and environmental, financial, and investment plans and other relevant authorities (if necessary) by the deadline stipulated in paragraph 3 of this article; for the provincial Department of construction more opinions of the people's Committee of the district level where the project and Department of architecture-planning (for the province, the City Department of architecture-planning). After obtaining the opinion of the relevant agency, the Agency chaired the evaluation established the Sheet according to the model specified in subsection 8-green No. 6 attached to this circular suggest people's Committee has the same level of investment approval;

-On the basis of the building's Sheet or home management functions at the district level accompanied by the suggested profile approved investment of the investor, the opinions of the relevant authorities and based on the content specified in point b of paragraph 2 article 7 of Decree No. 71/2010/ND-CP the provincial people's Committee or the people's committees at district level have the written approval of investments according to the form prescribed in annex 7 attached to this circular. Owner direct to receive investment approval in place of receiving the profile noted in the receipt of submission.

In the text approved investment, in addition to the contents specified in point b of paragraph 2 article 7 of Decree No. 71/2010/ND-CP need stating the social infrastructure works in local Government must abandon capital construction (public works) and the time limit for the completion of the construction works. The case too the time limit stated in the investment approval that local governments do not make the investment to build the social infrastructure works, the owner has the right to proceed with construction for your purposes have been approved and are deducted from financial obligations for the State or the owner are moved that construction management forms from the founding to form outside the establishment owned by the investor;

-After the State Agency has the authority to approve the investment, the investor is responsible for the Organization and the competent body evaluation, detailed planning approval rate of 1/500 (for new project areas the planning ratio of 1/2000), then held up , evaluation and approval of housing development projects under the regulations. In the case of the project area has detailed planning 1/500 approved or already have a drawing of the ground are the competent authorities on planning approval (for cases not detailed national planning 1/500) then the owner held up , evaluation and approval of housing development projects under the regulations;

b) for cases to owner selection bidding project for development of housing: housing project-case number from 500 to 2,500 apartment apartment under the provincial people's Committee organized a tender and in the decision to choose the owner winning bid, the provincial people's Committee should clearly state the content of the approved project investment in housing development and This decision replaced the investment approval;


-The case of the project, the number of houses under the base 500 before the release of the bid, the provincial people's Committee directed the Department to build text send opinions approved investment of district-level people's committees where there are projects as defined in art. 11 article 14 of Decree No. 71/2010/ND-CP of records sent first approval poll the people's Committee of the district level include: the text of the Department of construction sent comments of people's committees at district level, which stated the contents specified in point b of paragraph 2 article 7 of Decree No. 71/2010/ND-CP; a copy of the decision approving the planning ratio of 1/2000 and the planned national drawing 1/2000 has been approved by the competent authority.

After the opinion approved investment of district-level people's committees, the Department of construction tender release and report the provincial people's Committee organized a tender selection owner as specified;

-The selected unit invested in housing development projects is responsible for the establishment and organization of the competent authority approval evaluation, detailed planning ratio of 1/500, then held up, evaluation and approval of housing development projects under the regulations. In no case must the rate detail planning 1/500 to drawings of the premises are the competent authorities on planning approval under the provisions of the law on planning.

2. The order and procedure recommendations approved investment policy for housing development projects (regardless of investment capital and scale of land use, including in the new urban housing) housing numbers from 2,500 up apartment (House villas, houses, apartments) are made according to the following provisions : a) for cases not tender the selection owner housing development project (unless a decision by the Prime Minister's choice of the owner as specified in clause 5 Article 73 of Decree No. 71/2010/ND-CP):-investor filed directly 2 the records at the provincial people's Committee to consider the Prime Minister approved project investment undertakings developed in house.

Records filed at the provincial people's Committee consists of: the Sheet of the owner in the form specified in annex No. 8 attached herewith; a copy of the paper (text recognized owner of the competent authority; the papers under the provisions of article 12 of Decree No. 71/2010/ND-CP; the decision approving the planning ratio of 1/2000 and the planned national drawing 1/2000 has been approved by the competent authorities);

-Based on the profile owner's suggestion, the provincial people's Committee check and send text comments of the ministries concerned as specified in paragraph 3 article 7 of Decree No. 71/2010/ND-CP;

-On the basis of the replies to the comments of the relevant Ministry, the provincial people's Committee has the responsibility to submit reports record 2nd Prime (which includes the Sheet of the provincial people's Committee the Prime Minister according to the form prescribed in annex No. 3 attached to this circular and the documents specified in paragraph 3 article 7 of Decree No. 71/2010/ND-CP) to the prime consideration, approved investment policy in housing development projects;

-After the opinion of the investment policy approved by the Prime Minister, provincial people's Committee has a written notice (send attached the text approved investment policy of the Prime Minister) to the owner held up and the competent agency evaluation and approval of the detailed planning ratio of 1/500 , then held up a housing development project for submission to the competent authority approval, due diligence (for projects using funds from the State budget) or organizational evaluation and approval of the project (for project funding is not from the State budget).

b) for cases to owner selection bidding project for development of housing:-before the release of the bid, the provincial people's Committee must submit records of opinions prescribed in point b of article 14 11-paragraph Decree No. 71/2010/ND-CP after the reply comments relating , The provincial people's Committee has the Newspaper reported the Prime Minister according to the form prescribed in annex 9 of this circular accompanying the papers specified in point b of paragraph 11 article 14 of Decree No. 71/2010/ND-CP;

-After the Prime Minister approved investment guidelines, the provincial people's Committee directed the Department to build the release of bid and tender according to the rules. Process and method of selection bidding project investor housing development are applied as for case selection bidding project investors have other land uses;

-The selected unit invested in housing development projects are responsible for establishment and the competent authority process evaluation and approval of the detailed planning ratio of 1/500, then held up a housing development project to the competent agency evaluation and approval (for projects using funds from the State budget) or held up , evaluation and approval of the project (for project funding is not from the State budget).

3. in case the housing development project was approved that would suggest a change in the contents of your project as specified in clause 4 Article 7 of Decree No. 71/2010/ND-CP, the owner must have the Sheet attached project profiles were approved suggest the Agency has the authority to approve additional approved investment project content. For the project, the number of housing from apartment 2,500 over, the owner must have the Sheet attached to the project profile was approved by the people's Committee of the proposal to grant the province considered for submission to the Prime Minister for comments approved supplements.

In case the investor level II has proposed changing the contents of the housing development project which is different from the content of investment approval by the competent bodies for the investor, the investor's level I level II must have text suggest the investor level I have sheets of the sending competent authority to recommend additional content approval content project; If more than 30 days from the date of the writing of the investor that the investor level II level I do not have the Papers suggest that the Agency has the authority to approve the additional level II owner has the right to directly suggest the Agency has the authority to approve additional content of the project. After receiving the Newspaper owner's level II, the competent agency evaluation and have additional approval, if no additional approvals must have clear written notice of reasons to level II owner know.

The case is the competent agency approved the additional level II owner notification text include a copy of the additional approval for the investor level I know; changing the content of the project in this case are consistent with the detailed planning was approved.

4. The time limit for the competent authorities implement procedures for approval of investment or additional content approved housing development project in the provisions of this Article are made according to the provisions of article 7 of Decree No. 71/2010/ND-CP.

5. The number of the record that the investor housing development projects must be submitted to the bodies competent to appraise and approve projects or investment approvals according to the provisions of article 5 and article 6 of this circular is 2; the case agency evaluators must submit opinions of relevant authorities, when receiving records, the Agency receives the record copy owner requirements more (a copy) and copies of the papers are in the profile should send comments.

6. provincial people's Committee and local authorities when implementing approved project investment in housing development must be based on the provisions of Decree No. 71/2010/ND-CP, defined in resolution No. 33/2008/NQ-CP, circular No. 03/2009/TTLT-BKH-BXD and specified in this circular , for projects in the water, does not require the investor to do more procedures, certification for level II projects of investment in the country is not required to do more investment registration procedures.

7. The Department is responsible for building up a database to aggregate statistics, and tracking the number of development projects in housing, urban projects, eco-tourism projects, holiday resorts have invested in housing construction; the number, type of houses to be built in the project; the number, type and object are divided houses under contract financing provided for in article 8 of this circular.

Article 7. Implementation of the housing development project 1. The owner (level I and level II) is responsible for implementing the housing development projects as defined in article 8 of Decree No. 71/2010/ND-CP, the owner must deploy housing construction investment by the right content, the progress of the project has been approved, the right content investment approval of competent State agencies and the regulation of the relevant law.

2. in case the investor housing development projects assigned commercial building investment in social housing projects in commercial housing development, new projects must complete the construction of social housing before the completion of the construction of commercial housing in the area There are places, social housing.

3. Regulation the owner may not assign the right to use the land in the form of sale not yet build houses referred to in clause 5 article 16 of Decree No. 71/2010/ND-CP applied for housing development projects, new project, ecological tourism area project convalescence in cities, towns and villages (by administrative boundaries, irrespective of the urban and rural areas) or in the new urban planning of city or town; for other areas, the owner made the transfer of land use right in the form of sale but must have adequate technical infrastructure system before signing the contract the transfer of land use rights.

4. When finished the construction of housing projects, the client must implement the provisions of article 10 and article 11 of Decree No. 71/2010/ND-CP; In addition the owner have to submit more reports the results of the project for the construction of housing projects to make tracking, check.

Article 8. Mobilization of capital to invest in the construction of commercial housing


1. The investor housing development projects (including new urban projects, eco-tourism projects, holiday resorts, housing works had mixed use) if wishing to mobilize investment capital to build technical infrastructure systems for the land to build houses and in housing construction investment in the project which only be done raising capital in accordance with the form and conditions prescribed in article 9 of Decree No. 71/2010/ND-CP.

2. in case of capital mobilization through loans of credit institutions, investment funds are operating in Vietnam, the time of signing the loan contract by the parties to the agreement in accordance with the law on banking, the law on credit institutions and other related regulations.

3. in case of raising capital through bond issuance, the bonds and release order procedures for bond issuance is made according to the regulations of the corporate law and the securities law.

4. The provisions of this condition have the clearance of the project referred to in art. 3 article 9 of Decree No. 71/2010/ND-CP be understood is when the investor level I've done finished clearing the ground for the land transfer would give the investor level II (calculated according to the distribution of investment or according to the progress of the project).

5. With regard to the case of raising capital in the form of contracts, documents, contracts, investment cooperation documents or business cooperation contract (hereinafter referred to as capital contribution contract) as defined in points c and d clause 1 article 9 of Decree No. 71/2010/ND-CP, then the parties may agree to divide the profits (in cash or in shares) or production sharing agreement or housing is divided by both profit and housing products.

In the case of parties which divided the product housing is the only owner to divide for all forms of financing of up to 20% of the number of houses in each trade not through real estate trading floor (owner can perform split all three types of houses is Villa , individual houses, apartments or can divide one or two types of houses), but in the agreement, which must specify the amount of housing, housing, housing area and location of the housing will split for the parties involved raising capital; the number of commercial housing left in each of the project after the split, the investor must make to sell, lease, hire purchase through real estate transactions when the conditions prescribed in point e and DD paragraph 3 article 9 of Decree No. 71/2010/ND-CP.

From the date of Decree No. 71/2010/ND-CP has the effect, within the area of a province, a city centrally, each household or individual are only involved capital contribution in the form of split is the product housing (specified in point c paragraph 1 article 9 of Decree No. 71/2010/ND-CP) with the number of a House (Villa individual houses, or apartment); the case had left the household, just personal profit divided by money or stocks. In the case of participating organizations, which is to be Division of housing is then redistributed this housing for households and individuals, then organizations must submit a list of households and individuals, was redistributed to investor housing Facility construction proposal confirmed the list as specified in paragraph 8 of this Article.

Parties divided the House in non-transferable right to housing Division for organizations, individuals in time yet house purchase with the owner; If the divided house in die who inherited will continue to enjoy the right to housing Division. The divided House after house purchase contract with the owner as specified in paragraph 2 to article 60 of the Decree No. 71/2010/ND-CP that the assignment contract or sold that House for other people, they must follow the provisions of article 18 and article 20 of this circular.

6. The calculation of the amount of 20% of each project's housing provisions in clause 5 of this Article are based on the total number of commercial housing project residential development or new projects or project eco-tourism area, health resort (project level I) or of the project for development of independent housing (not the level II housing project) in accordance as follows: a) in the case of projects, the number of homes in travelers and can not rounded into a house in order to divide, the investor is calculated according to the principle of rounding the number after the split (if from 1/2 flat back up then rounded into a, if under 1/2 are not rounded into a). For example, projects that the total number is 219, if 20% of the Division then was 43.8, owner only is entitled to split a maximum of 44 apartments; If the project has a total number of dwellings is 212 basis that divided the 20% are apartment owner, only 42.4 was right to split a maximum of 42 basis;

b) in the case of the investor made House construction according to the progress of the project (just building a condominium before or just building a plot in front of the House under the investment divergence) then the owner only be contracted, which has divided the House products must not exceed 20% of the number of commercial housing condo or lot's home there. The owner is not a contract, which is to divide before 20% of the number of houses for the apartment or other housing lot left of the project have yet to begin construction;

c) where the owner level I signed the transfer of land use rights has the technical infrastructure for the investor level II to build in the investor's level II is entitled to sign contracts, which divide the maximum housing products by 20 percent the amount of trade that his housing construction on land the assignee from the investor level I followed the instructions in the example below: example 1: A business is investor housing development project has a number of houses are built according to the plan and the project browser is 1,000 units (including 800 House in trade and 200 homes in society). As a rule, the business address was signed, which divides the product must not exceed 160 housing units (equal to 20% of the 800 homes in the trade).

+ In the case of A business investment infrastructure business only (after building the system infrastructure will transfer land to the investor's level II), each investor's level II will be contracted, which divide the maximum housing products by 20 percent the amount of trade that his housing construction on land to receive the transfer from the investor level I (for example, A business owner 4 assignment for level II is B, C, D, E, in which each investor's level II will be built 200 homes in the trade, the individual investor level II will be entitled to sign contracts, which divide the products up to 40 housing units (with 20% of apartment 200) , the total number of houses was signed, which divides the product of the 4 level II owner maximum is 160, by 20% of the 800 homes in Commerce);

+ In the case of A business transfer only a portion for 2 Enterprise B and C (the investor's level II) to build 350 homes in trade according to plan; the remaining land area A direct investment enterprise to build 450 homes commercial 2 businesses B and C will be capital contribution contract rights to split the House in a maximum of 70 units (equal to 20% of the 350 trading house), A business is authorized to sign contracts, which divide the products for audience participation, which is the maximum number 90 units (with 20% of 450 commercial House);

+ In the case of A business contract to mobilize capital in excess of the value of the number of houses divided (assuming the total value of 160 House in allowed Division is 160 billion, but A business to mobilize 200 billion in the form of capital contribution, investment cooperation, business cooperation) then A business are also only allowed to split a maximum of 160 units (by 160 billion), the remaining 40 billion capital contribution money, investment cooperation, business cooperation, the enterprise must perform the split of profits (in cash or shares) for the participants.

-Example 2: A business is investor housing development project (not the project level II) that the number of houses built according to the planning and project profile was browsed is 200, then A business apartment is entitled to sign contracts, which divide the product with the parties involved, which must not exceed 40 units.

7. The case came on Decree No. 71/2010/ND-CP has the effect that the owner level I have not made the sale, the maximum number of rental housing in the project by yourself making the owner under the provisions of the law on real estate business, the investor's level I was signed, which divided the House products as defined in article 9 of the Convention No. 71/2010/ND-CP, but the number of homes in split for the parties involved, which are only calculated on the number of houses left unsold, yet through rental property transactions floor according to the instructions in the example below: example: A business is investor housing development project has a total number of commercial housing was built according to the master plan is 800 apartments , in which A business has built and sold through contracted real estate trading floor are apartment, apartment 400 remaining 400 being under construction and have not yet signed the purchase contract A business are only allowed to sign contracts, which divide the products up to 80 units (with 20% of unsold commercial apartments 400).

8. For cases raising capital which have agreed to split the housing in accordance with paragraph 5 of this Article, the owner proposed building the Facility to confirm the Housing Division under the following provisions: a) after contracting parties to which the owner has proposed text confirms attached list personally signed the contract, which is distributed production sharing and content of the project, the planning was approved, that the total number of submitted project directly in the Department building where housing projects;


b) on the basis of proposals of the owner, responsible for building the Facility pursuant to the provisions of article 9 and article 61 of Decree No. 71/2010/ND-CP, the provisions of this and based on the number of houses under the master plan, the project has been approved to confirm the list was Housing Division according to the form prescribed in annex 10 number attached herewith;

c) the time limit for building Facility to confirm the list was housing split a maximum of 20 working days from the date of receiving the written recommendation of the owner. The case after receiving that discovered the list owner to suggest endorsements exceeds 20% of prescribed housing or personal name, households have been confirmed for the first (from the date of Decree No. 71/2010/ND-CP effective enforcement) shall within 7 working days from the date of receiving the written recommendation of the investor, the building must have the text requires the investor to redefine the list was Housing Division; the term owner redefine the list be split home in no time limit on the construction confirmation of the regulations at this point.

Confirmation of the construction Department of the Division of housing provisions in this paragraph be substituted for paper transaction receipt through the trading estate and is the legal basis to competent authority certificate of ownership for objects of purchase of housing;

d) household or individual has been divided with the number of a house under the provisions of paragraph 5 of this Article shall not be confirmed for a second home in the Division, including the case of the divided houses sold or donated to the House is first Division for others; If the person is deceased, the Housing Division who is legitimate to have single enclosed a copy of a death certificate and legitimacy or a division of inheritance according to regulations of the civil law or judgment has legal effect for the owner to sign a contract again with the inherited and have suggested text Doc construction confirm the name, address of the divided House.

The case divided the number exceeds 20% rate that allows an individual or certification, a household is divided many in the province, a city in Central or allowed to grant a name divided housing when not enough under the conditions specified in article 61 of Decree No. 71/2010/ND-CP are not France recognized by law; the Organization, individuals are violations then dealt with according to the provisions of the law;

DD) Building Department is responsible for establishing information section on the electronic portal (Website) of the Department and publicly posted information about the name, the address of the object to be divided housing, housing, housing and position the housing number was divided on the Website within 3 working days from the date of confirmation on the list of split to the people know and follow. Periodically in June and December of each year or as required, the Department is responsible for general construction and construction Ministry reported the number to be divided and the number, type of houses divided according to local regulations.

9. The case has not moved the land use from investor to investor level I level II under the provisions of the law of the land referred to in point a of paragraph 3 article 9 of Decree No. 71/2010/ND-CP is understood to be the case the investor level II has not received delivery of the land from the owner level I (no minutes of land hand-over). In this case the contracts, which divides the product owner's House in level II must be agreed in writing by the owner level I.

The investor level II when writing to submit proposed construction Facility to confirm the list of the objects that are in the Home Products Division as defined in clause 8 and informed of the mobilization of capital as defined in paragraph 11 of this Article, they must submit a copy of the minutes of the transfer of the land from the owner level I If not available the minutes hand over land, they must send a copy of the written consent be signed which divides the product owner's House in level I.

10. Regulatory clearance of finished housing referred to in paragraph 3 of article 9 DD points to Decree No. 71/2010/ND-CP is applied to the type of housing (including houses, villas, apartments, including housing works have mixed use). In case the investor measures constructed top-down (on the floor construction of housing prior to constructing the station was so enraged that the nail or before construction of the ground floor of the lowest floor of the work) according to the design has been approved, the investor just sold House after construction is completed by the first floor of buildings but to have a test done on the construction technique of the ground floor under the provisions of the law on construction.

The owner is responsible for sending a copy of the minutes of the technical test on the finished nail part was built of housing works (stamped confirmation of investors on a copy) for the real estate trading floor to floor the base held for sale in accordance with the law.

11. With regard to the case of raising capital in the forms prescribed in points b, c and paragraph 1 of article 9 DD points to Decree No. 71/2010/ND-CP then before signing the contract financing minimum is 15 days, the investor must have text stating the contents specified in point e article 9 paragraph 3 of Decree No. 71/2010/ND-CP to inform the Department Build know (notice this is to know and track construction Department, inspection, doesn't claim to have the written approval of the new construction was signed). In the case of discovered the owner perform improperly raising capital specified in article 9 of Decree No. 71/2010/ND-CP and the provisions of this Article, the Department of construction must have the text requires the owner to stop the mobilization of capital, cancelled the contract of financing has signed and implemented under provisions of the law.

12. capital contribution contract, contract of cooperation on investment and business cooperation contract or the provisions of article 9 of Decree No. 71/2010/ND-CP must clear the content: the parties involved; forms of financing; the amount of capital needed to mobilize; the mobilization of capital; the method of dividing profits (in cash or in shares) or by housing products, if the product housing is split, they must clearly state the type of accommodation, its location, an area of the House is divided; the time limit for repayment or transfer of housing; the rights and obligations of the two parties; dispute resolution and other agreements.

13. The owner (level I and level II) only be contracted capital mobilization to build in accordance with the forms and conditions of mobilization of capital specified in article 9 of Decree No. 71/2010/ND-CP of the cases contracted capital mobilization, production sharing is not the correct housing with the provisions of article 9 of Decree No. 71/2010/ND-CP and rules in this signed contract shall have no legal value and are not recognized by law; offending party dealt under current provisions of the law.

Chapter III ownership, management, USE and housing TRANSACTIONS section 1 OWNER, management, HOME USE in article 9. Recognizing the ownership of housing 1. The recognition of housing ownership for organizations, individuals in an owned housing in Vietnam are made according to the provisions of Decree No. 88/2007/ND-CP on October 19, 2009 by the Government about the certification of land use rights, ownership of housing and other assets associated with land , Decree No. 71/2010/ND-CP, documents guiding the implementation of Decree No. 88/2007/ND-CP and the provisions of this circular.

2. When the proposed certificate of ownership for individual housing of households, individuals in the provisions of article 43 of Decree No. 71/2010/ND-CP, then in addition to the proof of the creation of the housing under the provisions of the law on the certification of land use ownership of houses and other properties tied to the land, households, individuals have to have more of the papers according to the following rules: a) for individual housing in prescribed in clause 2 Article 43 of Decree No. 71/2010/ND-CP must have a copy of building permit (for housing construction must have the building permit) and Paper copies certified safety bearing due to unit-level functions according to the provisions of the law on construction;

b) for certificate of ownership for each individual apartment houses in an specified in paragraph 3 Article 43 of Decree No. 71/2010/ND-CP must have a copy of the license to build the House that (for the case of house construction must have the building permit) accompanied the drawings : drawings of each floor and side by side by drawing of each apartment by the landlord himself drawing or hiring organization can function on the drawing done drawing. In the case of the drawing itself, the certification authority must inspect about minimum area of each apartment, part of an area of general use, private user area as defined in paragraph 3 Article 43 of Decree No. 71/2010/ND-CP.

Article 10. Management, home use in the public service 1. Public housing is housing owned by the State used to give the objects defined in the Housing Act and Decree No. 71/2010/ND-CP of hire and must be regulated. The unit was assigned public housing fund management service is responsible for the management and collection of the rent of a tenant in accordance with the provisions of the Housing Act and Decree No. 71/2010/ND-CP.

2. The tenant in the public service are responsible for home use in the right purposes, housing preservation and property attached, full payment, the due rent for unit management in the public service as agreed in the lease contract.

3. Who has the authority to decide to invest in housing development projects the service decided to choose the Fund management unit public housing service.


4. The determination of the price for the rental in the public service are made in accordance with paragraph 1 Article 26 of Decree No. 71/2010/ND-CP based on the guidelines on the method of determining the price of public housing rental service, Facility construction and the provincial people's Committee issued the framework for public housing rental service to apply uniformly. On the basis of the frame by the provincial people's Committee issued, the unit assigned housing fund management business process of the investment decision to approve price rentals in his public service management.

5. The management of public housing, use of the service is done by the Ministry of construction's own instructions.

Article 11. Management, use of social housing to be built with investment capital not from State budget 1. Social housing was built by the investment funds are not from the State budget to be used to sell, lease or hire purchase under the provisions of Decree No. 71/2010/ND-CP, and the laws related to the development of housing for students, students of the training facility housing, industrial workers and low income people in urban areas.

The selection object is to buy, rent, rent to buy housing and managing social housing operators defined in this is to follow the instructions in circular No. 36/2009/TT-BXD DATED November 16, 2009 by Ministry of construction guidelines of the sale, lease, hire purchase and manage the use of housing for low income people in urban areas.

2. Investment project for the development of social housing regulation in this was to use the design template, the design of typical social housing according to the instructions in circular No. 14/2009/TT-BXD dated 30 June 2009 of the Ministry of construction of typical design, sample student housing design , housing, housing for low income people.

3. Method of determining the selling price, price, price for rent rental buy social housing is done according to the instructions in circular No. 15/2009/TT-BXD dated 30 June 2009 of the Ministry of construction about the method of determining the price for rental housing, student housing, sale price, the price for rental housing for low income people.

4. Based on the guidelines on the method of determining the price of The building, the building owner selling price, price, price for rent to buy social housing to the provincial people's Committee where the project appraisal. Within 30 days from the date of the evaluation sheet of suggested retail price, the price for rental, the rental price to buy social housing investment, the provincial people's Committee has the responsibility to organize the evaluation and assessment in writing delivered owner, which stated the contents agreed and the content needs editing.

Department of construction or professional body in the direction of the provincial people's Committee has the responsibility to help the Chief of the provincial people's Committee of the appraisal price, price, price for rent rental buy social housing by building owner. Text based on the evaluation of the provincial people's Committee, the owner issued a sale price, the rental price, the price for buying rental social housing to apply for housing construction by themselves.

If the 30 days that the provincial people's Committee has no due diligence documents, the investor is entitled to enact price, price, price for rent rental buy social housing construction by themselves. The owner is responsible for sending the provincial people Committee 1 price by themselves.

Since the day this circular effect enforcement, provincial people's Committee just held evaluation and assessment in writing delivered owner (not make approval) of student housing rental rates, workers ' housing, housing for people with low income, price, price for rent , price for rent to buy housing for low income people in the projects to be built with investment capital not from the State budget.

5. When assessing the loan capital to build social housing, credit institutions are only based on the content of the project profile; case comments about appraisal price, price, price for rent rental buy social housing of provincial people's committees shall be based on the selling price, price, price for rent rental buy social housing construction by the owner according to the method of determining the price due to The Build Guide.

Article 12. Management, use the condominium; management, home use in urban areas 1. The management and use of land is made under the provisions of the Housing Act, Decree No. 71/2010/ND-CP and decision No. 8/2008/QD-BXD dated May 28, 2008 of Ministry of construction promulgated the regulation on the management of condominium use.

2. The management, using home villas in urban areas be done under the provisions of Decree No. 71/2010/ND-CP and circular No. 38/2009/TT-BXD dated 8 December 2009 by Ministry of construction guiding the management of home use in urban areas.

Article 13. Build, manage individual housing of households, individuals 1. Households and individuals when individual housing construction must obey the provisions of articles 41, 42, 43 and 44 of Decree No. 71/2010/ND-CP, and the laws on construction.

2. in case of households and individuals, individual housing construction ensures the requirements prescribed in paragraph 3 Article 43 of Decree No. 71/2010/ND-CP when selling separate apartments, each shall be competent State agencies reviewed, the certification of land use rights, ownership of housing and other assets associated with land for housing in each apartment it. After making sale of the apartment and the procedures for the certification of ownership to the buyer, the apartment of land use (including the site) of the entire housing is the right use of the apartment owner as according to the rules of right to use land for condominiums have many owners.

3. The sale, rental apartments and the provisions of paragraph 2 of this Article are not required to pass the real estate trading floor but the purchase contract the apartment must have the certificate of the notary or certified by the competent agencies have legal value.

The content of the contract of sale, apartment rental in addition to the requirement to comply with the provisions of article 63 of Decree No. 71/2010/ND-CP and the provisions of article 21 of this circular must clearly add the following content: the private-owned area and the area in General ownership of the apartment owners; floor area of the flat (expressed as recording apartment floor area specified in paragraph 2 of article 21 of this circular); land use area of the building, including the area (if applicable) in the use right of the people to buy flats; responsible for the payment of the costs involved in the process of using housing (if any), for the service fee shall not be higher than the ceiling price due to the provincial people's Committee rules, unless the parties have agreed otherwise. The seller is responsible for housing apartment under warranty right specified in article 46 of Decree No. 71/2010/ND-CP.

4. The management of public-owned housing are more, house owners have many households, individuals use in municipalities is done according to the regulations and to use public housing in the municipality by the Ministry of construction issued.

Section 2 management, USE of SOCIAL housing to BE BUILT with INVESTMENT FROM the STATE BUDGET FUNDS article 14. Review of the object being rented social housing was built with funds from the State budget of 1. The object in an rent social housing to be built with investment from the State budget funds must have the certificate application form guide in the Appendix number 01, 01a, 01b attached to circular No. 36/2009/TT-BXD DATED November 16, 2009 by Ministry of construction guidelines of the sale , lease, hire purchase and manage the use of housing for low income people in urban areas and submit directly to the building Department where there are social housing.

For objects that have returned home in the public service as defined in art. 6 article 30 of Decree No. 71/2010/ND-CP just has single certified by the public service management agency of the returned home in the public service.

2. Based on the recommended single social housing rental and endorsed as specified in paragraph 1 of this article, the Department of building inspection, collated with the provisions on the subject, the conditions are social housing rent stated in article 37, paragraph 1 Article 38 of Decree No. 71/2010/ND-CP and the reality of social housing funds to the provincial people's Committee plans resolve.

3. Criteria to be social housing rental is made according to the guidelines in article 5 of the circular No. 36/2009/TT-BXD dated 16 November 2009 of Ministry of construction on the instructions of the sale, lease, hire purchase and manage the use of housing for low income people in urban areas.

4. The objects in an be purchased, leased, hired to buy social housing must have average monthly income not subject to personal income tax from the regular income under the provisions of the law on personal income tax.

The criteria specified in this paragraph are applied to all objects that are purchased, leased or hired to buy social housing, low income housing to be built with investment capital not from State budget and replace standard rules on income referred to in paragraph 4 Article 4 of circular No. 36/2009/TT-BXD DATED November 16, 2009 by Ministry of construction direction leading the sale, lease, hire purchase and manage the use of housing for low income people in urban areas.

5. Department of construction is responsible for building the criteria object is social housing rental stipulated in paragraph 3 of this article to the provincial people's Committee issued; the criteria must be reported publicly on the mass information media of the locality, on the electronic portal of the provincial people's Committee and of the Department of construction projects.

Article 15. Content costs constitute the price for rental social housing was built with funds from the State budget the cost of content constitutes the price for rental social housing was built by the investment of resources from the State budget include: 1. The costs of investment in housing construction : is the entire legal costs made investment in housing construction to put into use according to the current rules on the management of project construction investment has been approved by the authorized capital investment at the time of delivery of the work put into use;


2. cost management of housing: a) the cost of wages and salary allowances, social insurance, health insurance and other deductions from wages for the Fund in the Fund management unit of housing.

Salary costs are determined on the basis of the defined border officials and employees and wage allowance, salary, deductions from salary Fund according to the regulations of the State;

b) costs for services in the residential area such as: protection, sanitation, waste collection, taking care of the garden of flowers, plants, insects and other services (if any) are determined on the basis of the volume of work to do and the level of delivery of securities deals in the service contracts;

c) the cost of stationery, Office furniture, appliances, inexpensive perishable of operating management units;

d) costs of electricity, running water for the Office work of the operational management unit; public electric lighting in the House; operating the elevator (if available);

DD) depreciation of fixed assets of the operating management units such as: cars, computers, copiers and other properties. The management, use of depreciation of fixed assets is done according to the regulations of the Ministry of finance.

3. housing maintenance costs: the costs for maintenance, minor repairs, maintenance, repair, overhaul and repair of extraordinarily aims to maintain the quality of housing. Maintenance costs by housing works client calculated and determined on the basis of the pricing structure for social housing rental stipulated in article 16 of this circular.

The maintenance cost of buildings from housing rental money (according to the pricing structure stipulated in article 16 of this circular) and sent to the commercial bank under your own account with no interest period due to operational management unit in the buildings management service of the housing maintenance work according to the regulations on maintenance of construction works.

Article 16. Method of determining the price for rental social housing was built with capital from the State budget of 1. Define formula: Gt = Q1 + Bt + to be reckoned with-dv x K x L 12 x S in it:-Gt: 1m2 rental price is to use the apartment for 1 month (Dong/m2/month)-to be reckoned with: is the cost of construction of the project is allocated every year according to the principles of conservation of capital (VND/year).

The formula determines to be reckoned with: be reckoned applied physical chemistry x r = (1 + r) n (1 + r) n-1 + applied physical chemistry: is the total cost of construction project at the time of the handover operation use (according to the value of capital invested was approved by the authorized) (copper).

+ r: is the interest of conservation of capital (calculated according to the year) by the person who has the authority to decide the investment decision (%/year).

+ n: is the number of years of capital recovery depends on the specific conditions of each project and the investment decision authority, but a minimum of 20 years.

-Q1: is the cost of annual operation management (VND/year).

-Bt: is the maintenance cost the average work year (VND/year).

-Tdv: is the revenues from business services in housing areas in the year such as: service car looks, service canteen, the revenues (if any) from active sports (VND/year).

-S: is the total area using the project's apartments for rent (m2).

-K: is allocated according to the number of floor system on the principle of conservation of capital according to the following example: there are 5 floors you can allocate as follows: K1 = 1.2; K2 = 1.1; K3 = 1.0; K4 = 0.9; K5 = 0.8.

-L: is index position of the project, is determined based on the location of the project and have a value ≥ 1.

-12: is the number of months in 12 years.

Rules of the coefficient K referred to in this replacement for the K coefficient regulations referred to in articles 5, 6 and 7 of circular No. 15/2009/TT-BXD dated 30 June 2009 of the Ministry building and replaced the provisions on coefficient K referred to in article 4 of circular No. 03/2009/TT-BXD dated 30 June 2009 of the Ministry of construction.

2. Pursuant to the instructions about the content costs constitute the social housing rental price specified in article 15 of this circular and the method of determining the price for rental social housing regulation in this Thing, and the provincial people's Committee issued the price for rental social housing to be built with investment funds from the State budget to apply uniformly.

Particularly for students housing was built by the State budget, then the determination of prices for rented housing is done according to the instructions in circular No. 03/2009/TT-BXD dated 30 June 2009 of the Ministry of construction about the method of determining the price of student housing rental building by the State budget.

Article 17. Management, use of social housing to be built with investment from the State budget funds 1. State investment in the construction of social housing to rent under the provisions of Decree No. 71/2010/ND-CP and the provisions of this circular.

2. The management and operation of social housing be built with investment from the State budget funds must comply with the following rules: a) the choice of operating management units and social housing exploitation is done according to the principles of the rental unit has the function of housing management implementation management of social housing;

b) units assigned to manage social housing operators have the responsibility to closely manage the Housing Fund; operating management units and tenants in not arbitrarily switch the purpose of use, non-transferable in the House under any form whatsoever;

c) works for hire, manage social housing operators enjoy such mechanisms for public services under the guidance of the Ministry of finance;

d) social housing rental Price is calculated the costs to recover the capital costs of construction, maintenance, operation and management by the provincial people's Committee issued according to the guidelines in article 15 and article 16 of this circular;

DD) operating management units of housing are the other area business in social housing to offset the additional costs of management, operation of housing;

e) for social housing is the condominium, housing management is performed according to the guidance in circular No. 36/2009/TT-BXD DATED November 16, 2009 by Ministry of construction guidelines of the sale, lease, hire purchase and manage the use of housing for low income people in urban areas.

In the case of the student housing management is performed according to the guidance in circular No. 13/2009/TT-BXD dated 30 June 2009 of the Ministry of construction about the Guide, rental housing management students and industrial workers housing.

3. Pursuant to the provisions of section 3 of chapter II of Decree No. 71/2010/ND-CP and the provisions of this Article, the Department is responsible for building construction and the provincial people's Committee issued the regulation on management of social housing to be built with investment funds from the State budget to apply uniformly.

Category 3 TRANSACTIONS in Article 18. Housing transactions through commercial real estate trading floor 1. The sale, lease, lease purchase homes in the trade of real estate business is made through real estate transactions in accordance with the provisions of article 61 of Decree No. 71/2010/ND-CP, and the laws on real estate business, unless the owner made raising capital through the forms prescribed in the point a , b, c and d clause 1 article 9 of Decree No. 71/2010/ND-CP.

As for the commercial housing of business property in the province, central cities have had real estate transaction (regardless of the source of creating housing) without making the purchase, lease, hire purchase through the floor in accordance with the provisions of article 61 of Decree No. 71/2010/ND-CP business law, real estate and specified in this contract is signed without legal value; in the case of sale or lease to purchase homes in the buyers, who purchase rental housing are not state-level certificate of ownership for that House.

The owner is responsible to send the real estate trading 1 set of legal records prove commercial housing eligible transactions through the floor included a copy of the following paper types: text recognized the project owner of the competent authority; the decision approving the planning and drawing detailed planning 1/500 has been approved or drawing of the layout of the project (for cases not planning 1/500); the decision approving the project; decisions, lease the land or the land use right certificates for both projects; building permits for housing must have a building permit; design drawings of each type of houses are for sale, for lease, hire purchase was approved; minutes of the technical test on the finished nail part was built of buildings as defined in paragraph 10 article 8 of this circular.

Particularly for social housing built for sale, lease, hire purchase for the object prescribed in article 37 of Decree No. 71/2010/ND-CP, does not have to do the procedure of transaction through real estate transactions that comply with regulations on the sale, lease, lease to buy social housing.

2. real estate trading is not involved in investment, business houses, do not buy the House of the owner to sell it back to the other person that just be held for sale, lease, hire purchase of houses under the authorization of the business there and done business real estate services in accordance with the provisions of the law on real estate business. Real estate trading floor can be the owner of commercial housing project partner search authorized investment capital contribution in the forms specified in article 9 of Decree No. 71/2010/ND-CP.


The case of real estate trading floor not by the owner (not affiliated to the owner), then between the investor and the real estate trading floor to make contracts authorized for sale, for rent, lease purchase homes in through the floor; If the transaction property due to the owner (owner directly) then the owner to sign a written authorization for the floor made for sale, for rent, lease purchase homes in construction investments by themselves (this text instead of the authorized contract). The authoritative text, contract to sell, rent, lease purchase homes in through the floor to indicate the following: the type of accommodation, number of rooms, location of houses for sale, lease, hire purchase; price, price for rent, hire purchase for each type of housing; the method of sale, rental, lease purchase homes in (auction or raffle); the deadline for registration to buy, hire or hire-purchase of housing; transaction costs of buying and selling, leasing, hire purchase of houses across the floor; the term public notice about the purchase, lease, hire purchase of houses in the floor and on the mass media of the locality where the property; the time to organize the sale, lease, hire purchase of houses; the responsibilities of the parties and other information related to housing for sale, for rent, lease purchase in accordance with the provisions of the law on real estate business. The parties must implement authorization form the authoritative text, contract to sell, lease, rent to buy commercial housing through real estate transactions specified in annex No. 11 attached to this circular.

3. real estate transactions are listed in the floor the following papers: an authoritative text, or contract to sell, lease, hire purchase of houses across the floor; sale price, price, price for rent rental buy commercial houses have stamped confirmation of owner and technical experience has built complete nail of housing provided by the owner; real estate transactions have a responsibility to provide complete, accurate information, legal records pertaining to housing sales, leasing, hire purchase for organizations and individuals wishing to participate in floor trading.

4. The trading of real estate held for sale only on the basis of the authoritative text of the contract, signed with the housing business and after the owner has built complete nail of buildings (according to a technical test) specified in paragraph 3 of article 9 DD Decree No. 71/2010/ND-CP and the provisions of paragraph 10 of article 8 This circular.

5. Only after complete house purchase procedures through real estate transaction (the buyer of houses has been the trading certificate level property transactions through the floor under the provisions of the law on real estate business) and once had written to notify the Department of construction where the property know as defined in point e account 3 things 9 of Decree No. 71/2010/ND-CP of the business for new housing was signed a contract of house purchase with the buyer housing. For rental or hire purchase of commercial housing, the owner only authorized transaction through real estate transactions and contracts for hire hire purchase, when the House is finished (the owner was granted the certificate of ownership of houses or had completed thereon the buildings according to the provisions of the law on construction).

The case of the sale, lease, hire purchase commercial housing not correctly the provisions of article 9 and article 61 of Decree No. 71/2010/ND-CP, the provisions of this law and real estate business contract signed with no legal value; offending party dealt with under the provisions of the law, if the damage it must compensate the infringed party. Real estate trading is not done properly the provisions of this Article shall be deprived of the right to use the business registration certificate in the field of business real estate trading and sentenced according to the current provisions of the law.

Department of construction or the competent authority when discovering the real estate trading floors have violations of regulations on the sale, lease, lease to buy commercial housing through the floor you have the right to request certification authority business stripped the right to use the business registration certificate in the field of business real estate trading and have text report the Ministry of construction, to remove the name of the trading floor this property from the Website of the network the Vietnam real estate trading floor.

6. The case of organizations, individuals have bought houses through the real estate transaction or were divided in the House under the provisions of article 9 of Decree No. 71/2010/ND-CP that sold that House for other people, they must follow the provisions in paragraph 3 Article 60 of Decree No. 71/2010/ND-CP for households individual or organization does not have the property business functions that resale of houses bought for other individuals, organizations have to comply with the following provisions: a) If received in the home console from the owner must then make the purchase in accordance with the procedure stipulated by the law and the civil law (the seller must have a certificate get the ownership of houses by the competent bodies, the parties must establish house purchase contracts and pay tax to the State under the rules);

b) If have not received housing from the console, the owner shall be allowed to transfer house purchase contract according to the provisions in clause 1 of article 20 of this circular but not forced through the real estate transaction.

7. Periodically three months and in December annually or as required, property transactions are responsible for synthesis and construction Facility where his reporting activities the number of commercial housing has floor transaction (purchase, sale, lease, hire purchase), the location of housing transactions , the name of the owner housing transaction authorization through the floor. The Department is responsible for general construction and construction Ministry report transaction results through the floor periodically to the provisions in this paragraph or as required.

Article 19. Housing transactions of people Vietnam settled abroad, organizations, foreign individuals in Vietnam 1. Vietnam people settled abroad make purchases, receive gifts, inheritance, or assignee the right to use the land to build houses in a housing development project in Vietnam (for cases allowed the transfer of land use right in the form of selling to households personal, built under the provisions of the law of the land) must have the proof in these subjects and be eligible to own houses in Vietnam according to the provisions of article 66 and article 67 of Decree No. 71/2010/ND-CP.

Vietnam who settled in foreign countries only need proof of permission to reside in Vietnam according to the provisions of article 67 of Decree No. 71/2010/ND-CP is eligible on residency to be ownership of housing in Vietnam, does not require the actual residence time (continuous residence or residence carried) from enough three months or more in the Encyclopedia New home owners in the South.

2. Case of Vietnam settled abroad not subject, not eligible to own houses in Vietnam if awarded for or inherited the House in Vietnam shall be entitled to home there for the other objects are in home ownership in Vietnam or the right to sell the home in which to enjoy the value. The procedure of selling houses to enjoy the value is made according to the provisions of article 72 of Decree No. 71/2010/ND-CP.

3. The certification of people with expertise, special skills specified in point b of paragraph 2 Article 66 of Decree No. 71/2010/ND-CP is done according to the following rules: a) case expertise, special skills in the vocational category due to the Ministry of labor, invalids and Social Affairs, Vietnam who have expertise special skills, is the highest skilled people as defined by the country vocational certification.

Who has the expertise, special skills must have application-level certificate accompanied by a notarized certificate of the highest skilled sent the Association, the professions of Vietnam to be granted the certificate; in the case of areas suggest confirmed yet have association or professional association shall submit to the Ministry in charge of areas of expertise, the skills to be confirmed;

b) where expertise, special skills not available in the directory of trades by the Ministry of labor, invalids and Social Affairs Vietnam rules after receiving the application, the Association or the professional associations of Vietnam (in case there were associations or professional associations) or The charge of the field (in this case the Association or professional associations) based on the criteria and requirements expertise, special skills or professional associations Association of Vietnam or by Ministry in charge of areas set out to grant certificate for single or who have answers for people with unknown reasons (if not the certificate level);

c) Association, the professions of Vietnam granted certificate for people who have the expertise, special skills according to the provisions of point b of paragraph 2 Article 66 of Decree No. 71/2010/ND-CP is the Association, professional associations established in accordance with the law of Vietnam and are legitimate activities in Vietnam.

4. the people's committees at district level while performing the certification of land use rights, ownership of housing and other assets attached to land or upon transfer of ownership housing for the foreign settlement in Vietnam in an owned a house in Vietnam must have a responsibility to report The building according to the form prescribed in annex No. 12 and the Appendix number 13 attached to this circular to the Ministry of construction management owning a house in Vietnam according to the provisions of article 68 of Decree No. 71/2010/ND-CP.

5. organizations, foreign individuals buying houses in Vietnam, they must comply with the provisions of resolution No. 19/2008/QH12 June 3, 2008 of the National Assembly on the pilot for the Organization, foreign individuals to buy and own houses in Vietnam and Decree No. 51/2009/ND-CP dated 9 June 2009, the Government's guiding the implementation of this resolution.


Sequence, the certification procedure of land use rights, ownership of housing and other assets associated with land for objects in an owned housing in Vietnam under the provisions of this Article are made according to the provisions of the law on the certification of land use ownership of houses and other properties tied to the land.

Article 20. Handle the transfer of housing purchase contract in housing development projects, new project, ecological tourism area project, resorts 1. The case of households, individuals or organizations do not have the business functions of transfer property house purchase contract form in the future after the August Decree No. 71/2010/ND-CP effect is done according to the following rules: a) the parties must establish assignment writing house purchase contract to the certified agency certification according to form prescribed in Appendix 14 attached to this circular. When the certified proposal, the parties must present house purchase contracts signed with investors; If the transfer from the second onwards, the need to present text assignment of home purchase contracts in previous times;

b) on the basis of a written assignment of the contract to be established in accordance with point a of this paragraph, either party according to the agreement filed copies of the papers (including the writing assignment contract; a copy of payment receipt, which is money to buy housing for the owner and a copy of the housing purchase contract signed with the owner) for the tax authorities to tax procedures income as defined by law. If the transfer of the contract in an income tax exempt then should have confirmations about the tax free income of tax authorities;

c) after tax according to the provisions, on the assignee of the contract filed 01 assignment suggested record contracts (including: a copy of income tax receipts or proof of the tax free income tax offices; copy of house purchase contracts signed with the owner and the original text of the assignment contract was certified by the notary) to server text confirmed on investment transfer of this contract. Within a maximum of 5 working days from the date of receiving the records of the transfer, the owner is responsible to confirm in writing the assignment contract and handed back to the assignee, the owner not be collecting any fees from the transfer of this contract.

Since the owner confirmed in writing the assignment contract, the client terminates the transaction with the transfer contract and trading directly with the assignee of the contract; the assignee of the contract parties are continuing to exercise their rights, the obligation of the parties to the transfer house purchase contract signed with the owner and was considered the buyer in the home since the day the owner to confirm in writing the assignment contract;

d) in the case of the transfer house purchase contract several times since the assignment Monday onwards, the party must perform procedures prescribed in points a, b and c of this paragraph. The assignee of the contract parties next time have the responsibility to receive and retain the papers relevant to the assignment contract times ahead;

DD) the assignee the last contract (as single individuals, organizations suggest State agencies have issued a certificate of ownership of houses) are standing in the name of land use right certificates, ownership of the House and other properties tied to the land. Upon certification of the ownership of the House in addition to the documents prescribed by law for certification of land use rights, ownership of housing and other assets tied to the land, the owner (individual or organization, recommended certification) must be submitted to the certification body of papers relevant to the assignment the contract according to the following rules:-the housing purchase contract was signed between the investor with the buyer first House;

-Have confirmations of transactions through the transaction property (for the houses in the province, central cities have had real estate trading floor) or confirmation about the Division of housing construction (for the case of divided houses) of the buyer first home;

-Writing assignment contract certified by the notary, certified by the owner and receipts under the income tax regulations or confirmations are exempt from income tax under the regulations.

In the case of transfer of contract of purchase multiple times, then someone suggested last certification must submit a written assignment of contracts and tax receipts of the assignment before or confirmations are tax free income for agency certification authority according to the instructions in the example below : for example He B house purchase contract with A company in the form of house purchase form in the future, the time has not received delivery of the House in which he B this purchase contract assignment for Mr. C then B and C must go to the certified procedure writing assignment He B filed income tax (if any), then recommended the company A confirmed in writing of assignment contracts as defined in points a, b and c of this paragraph; If you transfer this contract back to C for you D and Mr. D for his transfer back to E (E is the recipient of the last assignment) then each assignment, the parties have to go do the prescribed procedure as above.

When A company (or Mr. E) go to the procedure of certification in home ownership, they must submit the papers relevant to the assignment of the contract to the certification authority: house purchase contract signed between company A and B; 3 transfer the contract documents are certified by notary and certified by owner enclose 3 income tax receipts (or confirmations of the remission of the tax authorities) for 3 assignment (between B and C, between C and D, between the D and E); transaction receipt paper across the floor between companies A and B (for housing in the province, central cities have had real estate trading floor) or confirm the Housing Division of the Department of construction for the case of Mr. B is the company A production sharing is housing.

2. in case of households, individuals have received the assignment of housing purchase contract form in the future before the Decree No. 71/2010/ND-CP effective enforcement of the contract of assignment the assignment must be confirmed by the people's Committee of the communes, wards and towns where there are housing projects. In case there is no confirm social committees , wards and towns listed within 60 days of the people's Committee at commune, Ward, town, since the date of the certification application by the assignee in the end; If this time limit that the House that there is no dispute, the province people's Committee, confirmed no disputes to the competent bodies implement the ownership certificate for the assignee.

Before being issued a certificate of ownership with respect to housing, the parties must make the financial obligations for the State under the provisions of the law.

3. in case of the real estate business have bought houses through the real estate transaction or participate in raising capital with investors to be Housing Division that sold the home in which they must follow the following rules: a) if the business is divided in the House under a contract which investment cooperation contract, shall only be sold that House after house purchase contract with the owner as specified in paragraph 2 to article 60 of the Decree No. 71/2010/ND-CP;

b) business must perform sell House through the real estate transaction under the provisions of this circular and law on real estate business (irrespective of the got handed or not yet received delivery of housing from the owner). When selling houses through the trading of real estate, real estate business must give real estate trading copies of the following documents:-house purchase contracts signed with investors;

-Confirmation of the Department building where there are houses (for the case of divided houses) or the transaction receipt paper over real estate trading (for purchase through the floor);

-Record of the owner housing provided;

-Receipt of payment to buy housing for the owner;

-Report on the delivery of housing (if got handed to housing from the owner).

c) objects have bought homes in the business of real estate business prescribed in this paragraph that sold that House for other people, they must comply with the following rules:-If the individual household or organization does not have the property business functions and got handed to housing from the seller then made house purchase procedures in accordance in point a of paragraph 6 Article 18 of this circular. The case has not received delivery of the housing from the seller shall make the transfer house purchase contract according to the provisions in clause 1 of this article;

-If a business has a real estate business function then execute the procedure of selling the home in accordance with the provisions of this clause.

Article 21. Housing contract 1. 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 specified in the annex attached to this circular.


2. for contracts of purchase and sale of apartments, then in addition to the contents specified in paragraph 1 of this article have to specify more the following content: the area owned in common, the area of private-owned condominium owners; floor area of the flat purchase (defined according to the principles of computer media size of the apartment or from the heart wall, the wall prevents split flats); account maintenance funding 2% money sell House; expected about fees must contribute to serve the management operation of the condominium; the principle of adjusting the rates of contributions on the basis of the level of contribution funding does not exceed the price (ceiling price) by the provincial people's Committee where House issued, except where the parties have agreed otherwise. Enclose the purchase contract the apartment is A Rules Manager use the condo owner and list building materials inside and outside the apartment.

3. The notary, certified housing contracts are made according to the provisions of the law on notary, housing Law, Decree No. 71/2010/ND-CP, civil legislation and the provisions of this circular.

The authoritative case management, use, look after the House and authorize the sale, lease, hire purchase, donate for housing (or the Housing Authority Commission), the authoritative party was formed only authoritative text and authorized agency certified, attested only be notarized, certified this authorisation when the House was finished (the authoritative party had one of the paper documents: the certificate of ownership over the House; the minutes of the transfer or the minutes of the complete works of housing under the provisions of the law on construction).

4. housing contract templates are specified as follows: house purchase contract are specified in Appendix No. 15, sales of commercial apartments are specified in annex 16, lease in commerce are specified in annex No. 17, a lease in the public service are specified in Appendix No. 18 , the social housing rental contract applies for the objects specified in paragraphs 1, 2 and 4 of Decree 37 71/2010/ND-CP are prescribed in annex No. 19, lease to buy social housing apply to the objects specified in paragraphs 1, 2 , 3 and paragraph 4 Article 37 of Decree No. 71/2010/ND-CP are prescribed in annex 20, for the housing contract is specified in Appendix No. 21 and the modified housing contract is specified in Appendix No. 22 attached to this circular.

Particularly for student housing lease, a lease in industrial workers then follow the form instructions in circular No. 13/2009/TT-BXD dated 30 June 2009 of the Ministry of construction of the operating management, rental housing students and industrial workers housing. For the purchase of low income housing apartments, apartment accommodation rental contract and lease purchase homes in a low income apartment shall follow the form instructions in circular No. 36/2009/TT-BXD dated 16 November 2009 of Ministry of construction on the sale, rent , hire purchase and manage the use of housing for low income people in urban areas.

With respect to the form and content of the contract of houses not specified in this circular, then made up according to the provisions of the civil law and the other legal provisions concerned.

Chapter IV ADMINISTRATION of HOME in Article 22. The archives and records management for housing 1. Housing records are stored and managed including the papers specified in article 66 of the law and the provisions of article 76 of Decree No. 71/2010/ND-CP.

2. The establishment of housing is owner or management, use of the House that if does not identify the owner.

3. Archives and records management for housing are defined as follows: a) construction is responsible for the archives and records management of the Organization's housing; House of Vietnam who settled in foreign investment projects to build houses in Vietnam; House of foreign individuals to buy prescribed by law; House owned jointly by organizations and individuals;

b) have Rooms housing management districts are responsible for the archives and records management of individual housing in water; House of Vietnam who settled in foreign housing ownership associated with the right to use land in Vietnam when participating in housing transactions.

4. content storage and records management of houses include: a) the archives and records management in the provisions of this Article in accordance with the provisions of the law on archive records;

b) Formed a database record management system by computer network to cater to the statistics, the results of reports and service housing management requirements;

c) archives and records management in the home is responsible for providing data on housing for the relevant bodies when required under the provisions of Decree No. 71/2010/ND-CP.

Article 23. Training, professional training, professional development, management of housing and real estate market 1. The training, fostering, civil servants working in the field of development, the management of housing and real estate markets and individuals who are working in the enterprise management activities operate condominium is made according to the provisions of article 78 of the Decree No. 71/2010/ND-CP.

2. The content of training, professional training for officers and civil servants working in the field of housing and real estate market including: a) construction program, the housing development plan;

b) choose the investor housing development projects;

c), appraisal, approval, approve project investments in housing development;

d) project management, management of housing condominiums after the investment;

DD) manage the maintenance, renovation, demolition of houses;

e) managed the sale, lease, lease to buy social housing, public housing rental service;

g) establishment and management of the Housing Development Fund, housing savings (if any);

h) organizing the investigation, statistics and database construction of houses;

I) manage deals on housing, the real estate business and housing services;

k) the responsibility of State regulators granted about the housing sector.

3. training content based on the provisions in paragraph 2 of this article, the Academy building managers and municipalities directly under the Ministry of construction is responsible for coordinating with the Department of management and the real estate market directly to building planning, content, specific training programs and included in the training program fostering shared knowledge for staff, public employees in the construction industry to submit the Minister approved construction.

Based on the plan, training program, fostered by the Ministry of construction, the local building Department is responsible for planning, funding, training cadres and civil servants working in the housing sector and markets local real estate (including the civil officials, provincial and county levels) to the Chairman of the provincial people's Committee decision and training organization According to the program was approved by the Ministry of construction.

4. With regard to the training, fostering knowledge and professional expertise on management, operation of condominiums for individuals currently working in the business activity management, condominium operators (including housing works have mixed use) then the Home Management Department and the real estate market directly to build responsible for coordination with the relevant unit directly under the Ministry of construction curriculum, the training content to the Ministry building through, as the basis for the training and certification of completed courses of specialization, professional condominium management for objects specified in this paragraph.

The following objects are working in the enterprise management activities involved in operating condominium must attend training courses: the members of the Board of Directors, the Chief of the enterprise: technical, security, protection, fire safety, sanitation and Major American operation of the condominium. The latest came on July 1, 2012, the objects in the interface specified in this paragraph must be learned through training courses and have completed certification courses of specialization, professional condominium management; If the time limit specified in this paragraph that the objects in an must attend training courses not yet completed certification courses, the individuals and businesses that are not involved in operating condominium management. Encourage other individuals not belonging to the object specified in the clause to join this training.

5. Faculty engage in teaching, training, fostering knowledge about the housing sector and the real estate market regulation in this must be the people who have the capacity, knowledge, policies and legislation on housing and real estate markets, who have experience in housing management , real estate markets, experience in the management of condominium and qualified in teaching pedagogy. Only the training facility to meet qualified by the Ministry of construction, the new regulations are involved in training, the fostering of knowledge in the field of housing and real estate markets as defined in this Article.

6. the cost of training, fostering the knowledge provided in this Article is made according to the following rules: a) organs, the Organization sent people to attend courses and individual training needs are the responsibility of payment funding for training facilities;

b) cases are public servants of the Agency, organization, paid from the State budget, the funding of training the students are taken from the funds granted to the Agency, that organization.

Chapter V ENFORCEABLE article 24. The responsibility of the provincial people Committee 1. Pursuant to the provisions of Decree No. 71/2010/ND-CP and the regulation of the activities of the Central Steering Committee on housing policy and the real estate market, the provincial people's Committee has the responsibility to establish a housing policy Steering Committee and provincial real estate market and expert help for the provincial Steering Committee.

2. Arrange the layout and organization of public officials enough to make good the management and development of housing under the Housing Act, Decree No. 71/2010/ND-CP and this circular.

3. Direct the Department of construction performed the following tasks:


a) in collaboration with the local authorities to build housing development program in the period of five years or longer to report provincial people's Committee to review the provincial councils through. For the central cities, then after the City Council through the city people's Committee, to the Prime Minister approving the programme of local housing development before implementation;

b) programming, training plans, training on professional service in the field of housing and real estate markets for officers, civil servants, local; in collaboration with our bodies in local advocacy organisation, popular, about the provisions of the Housing Act, Decree No. 71/2010/ND-CP and this circular to the people know and perform;

c) in collaboration with the local authorities perform testing, tracking and processed under the authority or the competent authority report to handle violations of the investment activity in the housing development of the organizations, households, individuals, about the Division of houses under contract financing , the purchase, lease, hire purchase of houses through the real estate transaction;

d) in collaboration with the district-level people's committees established a database to aggregate statistics, the number of development projects in housing, urban projects, eco-tourism, vacation packages; the number, type of houses to be built in each project; the number, type, and object is the Housing Division pursuant to the provisions of Decree No. 71/2010/ND-CP and this circular;

DD) perform other tasks assigned responsibility stipulated in Decree No. 71/2010/ND-CP and this circular.

4. Arrange funding to construction Department make the tasks: construction of housing development program; POOJA organization, introduction, training housing legislation; set up a database to aggregate statistics, housing projects, the amount of housing and the sale of local housing under the provisions of this circular.

5. Directing the relevant authorities make the archives and records management in the locality according to the provisions of Decree No. 71/2010/ND-CP and this circular.

6. Amendments, supplements the legal text in the authority issued related to the House in accordance with the provisions of Decree No. 71/2010/ND-CP and the provisions of this circular.

7. the issued price services condo to applied for; valuation for sale, rental price, the price for buying rental social housing was built with funds from the State budget by the building owner.

8. the superior agency reports periodically or on demand extraordinary problems related to the housing sector.

9. Follow the authority or direction of local authorities implement the provisions of the Housing Act, Decree No. 71/2010/ND-CP and the provisions of this circular.

Article 25. The responsibility of the Department of management and the real estate market directly to build 1. Chief Minister help build the track, and the urge to check the implementation of the provisions of the law on housing within the country.

2. Help the Minister of building implementation guides, answers to difficult problems under the authority of the Ministry of construction in the process of implementing the provisions of the law on housing.

3. Research, building and construction Minister modified, supplemented by the authority or the Minister proposed to build the competent bodies amendments, supplements, issued the regulations of the law on housing to suit the actual situation.

4. General, reported the results of housing legislation to The build report on authorities periodically or irregularly.

5. Perform other duties specified in this circular, or under the direction of the Minister of construction.

Article 26. Effect 1. This circular has the effect after 45 days from the date of signing.

2. From the date of Decree No. 71/2010/ND-CP effective enforcement, the mobilization of capital to invest in the construction of technical systems for the land to build housing and housing construction investment in housing development projects, new project eco-tourism, vacation, be made under the provisions of Decree No. 71/2010/ND-CP and the provisions of this circular.

3. for the case the investor has recommended filing people's Committee approval authority housing development projects before the Decree No. 71/2010/ND-CP effective but people's Committee of the authority has not approved the project, the following processing : a) the case of the housing development project has a number of under 2,500 units (irrespective of the House villas, houses, apartments) was invested by funds from the State budget, the people's Committee of the Authority continues to make project approval under the provisions of Decree No. 90/2006/ND-CP dated September 6, 2006 by government regulations details and guidelines for implementing the law on housing;

b) where housing development project has a number of under 2,500 units (irrespective of the House villas, houses, apartments) was built with investment capital not from the State budget shall be based on the content of the project, the provincial people's Committee has approved the investment text according to the content specified in Appendix No. 7 released attached to this circular which does not require the owner to establish the investment approval process Sheet under the provisions of this circular. After the written approval of the provincial people's Committee, the owner made the appraisal and approval of projects under the provisions of the law on construction, and according to the approved text content investment;

c) where housing development projects in number from apartment 2,500 or more (regardless of the Villa, House, apartment, irrespective of the scale of use of land and capital investment), the provincial people's Committee must have the Papers included records project the Prime Minister approved the investment proposal. After the opinion approved by the Prime Minister, provincial people's Committee approval project implementation (for the capital project budget) or written notice to the owner of the project assessment and approval (for the capital project not from the State budget).

4. where housing development projects have been approved before the date of the Decree No. 71/2010/ND-CP has the effect that the owner has proposed changing the content of the project, the investor of the agencies have approved the project before performing additional approval. In case of changing the scale of the project, the area of land use leads to change of the number of housing projects from 2,500 flat over, the owner must have the Papers suggest that the provincial people's Committee considering the report, the Prime Minister approved the then new addition approved additional content changes of the project.

5. Abolition of regulations on mobilization of capital to invest in the construction of new urban housing referred to in Section VIII of the circular No. 04/2006/TT-BXD DATED December 18, 2006 of Ministry of construction guidelines new regulation issued under Decree No. 02/2006/ND-CP dated 11 January 2006 from the Government;

6. Replace paragraph 1 and item 2 article 10 of circular No. 15/2009/TT-BXD dated 30 June 2009 of the Build Guide and method of determining the price for student housing, rental housing, housing for people with low income and the purchase price, the price for buying rental housing for low income people in the project, the economic sectors of economy involved in early such as the following: "1. The organization has a written appraisal and valuation for sale, hire, hire-purchase price price houses within 30 days from the date of the evaluation sheet of suggested retail price, the price for rental, price for rent buy house owner".

7. Repeal the following circulars: a) Circular No. 13/2005/TT-BXD DATED August 5, 2005 of the Ministry of construction guiding the implementation of Decree No. 95/2005/ND-CP dated 15 July 2005 the Government issued a certificate in home ownership and ownership of buildings;

b) Circular No. 05/2006/TT-BXD DATED may 1, 2006 of Ministry of construction guiding the implementation of Decree No. 90/2006/ND-CP dated 6 September 2006 from the Government detailing and guiding the implementation of the Housing Law;

c) Circular No. 03/2009/TT-BXD dated 25 February 2010 by the Ministry of construction stipulated some content about certificate in home ownership and purchase contract form guide apartments condominium project in construction of housing business organization.

8. The provisions relating to housing (on housing ownership, housing development, manage the use of housing, housing transactions and State housing management) stated in the circular or the decision of the Ministry of industry, and in the text of the provincial people's Committee that other than the provisions of this circular shall follow the provisions in circular This time.

9. In the course of implementation, if any confusion suggest sending comments on The construction of additional amendments to the authority or to the Prime Minister, the Government reviewed the decision.