Some of the content on the certificate of ownership of the housing and guide the purchase contract form condominium apartments in the project construction of housing business organizations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONSTRUCTION MINISTER pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions duties, powers and organizational structure of the Ministry of construction;  

Pursuant to Decree No. 90/2006/ND-CP on 6 September 2006 by the Government on detailed rules and guidelines for implementing the law on housing;

Pursuant to circular No. 05/2006/TT-BXD DATED may 1, 2006 of Ministry of construction guidelines made some content of Decree No. 90/2006/ND-CP dated 6 September 2006 from the Government detailing and guiding the implementation of the Housing Law;

At the suggestion of Director of Department of management and the real estate market, CIRCULAR article 1. Responsible for certification procedures for the buyer and the certification records ownership first when buying houses, apartments and condominiums in the project to build 1. Housing business organizations (vendors) are responsible for the procedure to the competent State agencies issued a certificate for the buyer, apartments and condominiums.

2. the recommended records issued a certificate of ownership of condominium apartments, including the base profile and a profile of each condominium apartment.

2.1. During 30 days from the date the condominium was put into test use, the housing business organization (the seller) must complete and submit to the certification authority-profile base of condominium. 

The base profile is set up for all the apartments, the owner of the condominium, including: a) the papers about investment project to build condominiums on the following:-a copy of the decision approving the project or investment decision or investment certificates;

-A copy of the decision approving the detailed planning 1/500 ratio of the project (the case does not have a copy of the decision to approve this plan, they must have a copy of the agreement of the ground of land condominiums);

-Copies of certificates of land use;

-Decisions and confirmation vouchers has paid land use (unless exempt or be slowly paid use of land in accordance with the law);

c) housing scheme, drawing in: use the drawing by completing the sections of architecture or design drawings using appropriate elements with the current state of housing (without drawing back), including: the drawing using the condo's construction, the drawing of the ground floor apartment-house; in the case of floors using the drawing does not show clearly the size of the apartment to the drawing surface of that apartment. This drawing is grounds for certification agencies demonstrate housing scheme in the certificate of house ownership.

d) directory of apartments and the property section private certification recommendation 2.2. Within 30 days of the time when the owner of the apartment and the owners own the complete payment of the purchase according to the purchase contract, the housing business organization (the seller) must complete and submit to the certification authority-profile of each apartment, including the following papers : a Single new grant proposals) certificate of home ownership in the form prescribed in Appendix No. 1 of circular No. 05/2006/TT-BXD DATED may 1, 2006 of Ministry of construction signed by the buyer and confirmed by the seller;

b) purchase contract the apartment home condominium or a private property section due to the two parties; the minutes delivered, liquidation sales condominium apartment or condominium own receipts and payment of financial obligations of the buyer regarding the certification. (In case the buyer himself made the submission of financial obligations then delivered this receipt to the seller to put on the record the certification proposal);

c) copies the text confirmed by real estate trading floors of apartments has traded through the floor according to the model in annex No 4 together with circular No. 13/2008/TT-BXD DATED May 21, 2008 of Ministry of construction on the Guide made some content of Decree 153/2007/ND-CP on October 15, 2007 the Government's detailed rules and guidelines enforcement of the law on real estate business.

3. In the case of condominium apartment buyers have paid out the money to buy the House before the time of the establishment of the base profile specified in point 2.1 of this clause 2, the base profile and the profile recommended certification of each apartment was established and filed at the same time for certification bodies. The certification body is responsible for completing the certification procedure for the owner of the condominium apartment within 30 days of receipt of a valid application.

4. The fee for certificate of ownership for the first houses, apartments and condominiums are made according to the provisions of article 49 Decree 90/2006/ND-CP dated 6 September 2006 from the Government.

Article 2. Burn area condominium apartment on the certificate of ownership of housing condominium apartment area is recorded according to the floor area of the flat, including the balcony area, lôgia of the apartment which (if any). In it, the floor area is calculated according to the size of pine flat or calculated according to the size from the heart wall and the wall of the outer heart apartments (of which the wall is the wall between the two divided compartments shared apartments, walls sheathed wall is also between apartments and hallways, walkways, the exterior of the apartment). Floor area of the flat and this area must be clearly stated in the sale contract the apartment condominium and housing diagram drawing specified in point 2.1 c weather item 2 article 1 of this circular.

Article 3. Purchase contract the apartment condominium purchase agreement condominium apartments to ensure some basic content to the following: 1. The public ownership, private ownership: joint purchase contract the apartment condominium is fully part of the stated-owned private area of the buyer , the area owned in common by condominium (which stated specifically the parts common in condominium ownership regulations in paragraph 3 to article 70 of the law on housing as a public walkway, corridor, staircase, Elevator, garage and place the other part owned in common). In the case of condominium buildings have an area of private property of the owner or of other owners then must clearly state (such as swimming pools, tennis, supermarkets, where to the car service for business purposes or other area parts).

2. About the use of management rules: When the contract for the sale of flats, the investor must attach A management policy to use condominium that (A rules is integral part of the contract of purchase and sale of apartments and condominiums). A rule must ensure the main content has prescribed in article 9 regulations use condominium attached to decision No 8/2008/QD-BXD dated May 28, 2008 by the Minister of construction.

3. In area apartments and condominium apartments to purchase contract must specify the floor area of the flat and a flat area that according to the provisions of article 2 of this circular.

4. About the cost of maintenance, operation of condominium: a) the contract for the sale of apartments condominiums must specify the sale price of apartments and condominiums have included maintenance fee portion of the common property of the condominium (2% of money selling flat) as defined in art. 1 Article 54 of Decree 90/2006/ND-CP dated 6 September 2006 from the Government. In the case of funding obtained to maintain not enough then the mobilization from the contribution of the respective owner of the private property of each owner.

b) purchase contract the apartment condominium must clearly state the projected about fees must contribute for the operating management, the principle of adjusting the rates of contribution. The funding contribution levels do not exceed too price (ceiling price) by the provincial people's Committee, the central city where a condominium there.

5. purchase contract Form condominium apartment follow the appendix attached to this circular to apply for sale condominium apartment in construction investment projects that the seller is the housing business organization. for the purchase of parts to other private owners in the condominium, you can apply the principles stated in this contract form and the provisions in the appendix to this circular to make.

Article 4. Implementation 1. The people's Committee of the central cities, has the responsibility for directing the Department of building, lower level people's Committee to implement this circular.

2. the Department of management and the real estate market has the responsibility to help the Minister build instructions, check the local urge implementation of this circular.

Article 5. Effect 1. This circular has the effect after 45 days from the date of signing. Repeal the provisions in circular 05/2006/TT-BXD dated 01/11/2006 of Ministry of construction on the certificate of ownership for houses, apartments and condominiums are contrary to the provisions of this circular.

2. During the implementation process, if there are problems the local proposal submitted comments on The construction of additional amendments to the jurisdiction or the Prime Minister to review the decision.