CIRCULAR guide implementation of Decree No. 95/2005/ND-CP on July 15, 2005 by the Government on the certificate of house ownership, ownership of construction works pursuant to Decree No. 36/2003/ND-CP dated 4 April 2003 of the Government functions, tasks , powers and organizational structure of the Ministry of construction;
 
Pursuant to Decree No. 95/2005/ND-CP dated 15 July 2005 by the Government on the certificate of house ownership, ownership of the construction works;
The Build Guide implementing Decree No. 95/2005/ND-CP dated 15 July 2005 by the Government on the certificate of house ownership, ownership of construction works (hereinafter referred to as the Decree No. 95/2005/ND-CP) as follows: i. in PROFILE FORM to RECOMMEND CERTIFICATION of housing PROPERTY RIGHTS OWNERSHIP, CONSTRUCTION 1. Certification application for the first time in the form guide in Appendix No 1 of this circular;
2. Petition first certification for construction works according to the form guide in Appendix No. 2 of this circular;
3. Application-level changes, re-issuance of certificates and the case due to the purchase, receive gifts, inheritance, or through other forms prescribed by law to which the parties had ownership transfer certificate in home ownership, a certificate of ownership of the buildings according to the form guide in Appendix No. 3 of this circular;
4. confirm the change form on the certificate has been issued according to the form guide in Appendix No. 4 of this circular.
II. PAPERS On CREATING Housing, CONSTRUCTION WORK In The PROFILE RECOMMENDED CERTIFICATION Of Housing PROPERTY RIGHTS, Ownership Of BUILDINGS 1. Papers on creating housing, construction works apply to the individuals specified in paragraph 2 of article 9 of Decree 95/2005/ND-CP are specific instructions as follows: 1.1. For housing, construction works are created from before the date of Decree 95/2005/ND-CP effective it must have a copy of one of the following documents: a) housing construction permits, construction works for the event must apply for a building permit under the provisions of the law on construction;
b) the land use right certificate or one of the types of papers on land use specified in the paragraph 1, 2 and 5 to article 50 of the law on land or in the land registry, the main book for housing, buildings built before the law enforcement force construction (July 2004);
c) house purchase contracts owned by the State under the provisions of Decree No. 63/CP on 05 July 1994 the Government purchasing and business houses or papers about liquidation, unpaid home prices in the State-owned before 5 July 1994;
d) papers on home delivery of gratitude, the love, the greater solidarity;
DD) papers on House property, the construction work by the Agency have jurisdiction over the forecast period; papers on home soil by the competent authorities over the period that it did not belong to an established State owns the entire population under the provisions of resolution No. 23/2003/QH11 on November 26, 2003 of the National Assembly "on home ground by the State was managed , the layout used in the process of implementation of the policy on land management and policy of the Socialist renovation before 1 July 1991 ", resolution No. 752/2005/NQ-UBTVQH11 March 2005 of the National Committee" resolved for some specific case on home soil in the process of implementation of the land management policy and the policy of the Socialist renovation before 1 July 1991 ";
e) papers on sale, donation, Exchange, inheritance, housing has constructions are certified by the notary or the endorsement of the people from the Social Committee; papers of the courts or administrative bodies of the State authorities to resolve the issue of house property, construction work has legal effect; where to buy houses of the business functioning business in construction for sale, they must have the house purchase contract has been signed by the two parties;
g) where someone suggested having a certification of the documents specified in points a, b, c, d, e and e account, but not the right name in the papers, in the certification form must be certified by the township-level people's committees to create housing by construction, purchase, accept gifts, inheritance, or through other forms prescribed by the law;
h) where the certification proposal without one of the papers specified in points a, b, c, d, e and e clause must have the certificate of the people's Committee of social housing construction, there is no dispute about ownership and was built before building planned for cases already have detailed planning urban construction or planning of rural settlement construction according to the provisions of the law on construction.
1.2. With respect to housing, construction works are created from the date of Decree 95/2005/ND-CP effective it must have a copy of papers in accordance to the following:

a) houses, the work created through the new building must have a building permit. The case does not have to ask permission to build in accordance with building legislation must have the certificate of the land use rights or decisions or deciding land rental or lease of land.
b) houses, the work created through the sale, Exchange, donation, inheritance or through other forms prescribed by the law, they must have written about that transaction under the provisions of the law attached to the certificate of house property right or the certificate of ownership of the work of the Party transferring ownership;
c) where to buy houses of the business functioning business in construction for sale, the business must do the procedures to the competent authority certificate to the buyer. Papers which created the House in this case including:-house purchase contract by the two parties;
-Project approval decision or investment decision or investment license granted by the competent authority;
-Land use right certificates or decisions or deciding land rental or lease of land.
2. Documents (copies) about the creation of the housing, construction works apply to foreigners, who overseas Vietnam stipulated in item 2 article 10 of Decree No. 95/2005/ND-CP are specific instructions as follows: 2.1. Housing, the work created through the investment in new construction in accordance with the law, they must have the investment license and certificate of land use right or land rent contracts;
2.2. The housing, the work created through the sale, Exchange, donation, inheritance or through other forms prescribed by the law, they must have written about that transaction under the provisions of the law attached to the certificate of house property right or the certificate of ownership of the party's construction transfer ownership.
3. Documents (copies) about the creation of the housing, construction works apply to organizations prescribed in clause 2 article 11 of Decree No. 95/2005/ND-CP are specific instructions as follows: 3.1. Housing, the work created through the investment in new construction in accordance with the law, they must have: a) project approval decision or project investment decision or investment license or construction permit by the competent authority;
b) certificates of land use right or land rent contracts;
The event organizer is business home business functions in that building to sell, the business must do the procedures to the competent authority certificate for the buyer as specified in paragraph 1.2 of this section c points.
3.2. The housing, the work created through the sale, Exchange, donation, inheritance or through other forms prescribed by the law, they must have written about that transaction under the provisions of the law attached to the certificate of house property right or the certificate of ownership of the party's construction transfer ownership.
4. A copy of the papers about the creation of the housing, construction works specified in part II of this circular are not notarized or attested. When filing, who suggest granting must bring the original to receiver records. In the event the license proposal filed a notarized or attested, when applicants do not have to carry a key to compare.
5. When the applicant recommended certification, personal organization, recommended certification must submit the certification according to the funding rules for the receiver menu. Receiver unit must have receipts as specified. In no case was the certification they must refund the cost for lodging.
III. The Order And PROCEDURE For CERTIFICATION Of Housing PROPERTY RIGHTS, Ownership Of BUILDINGS 1. The order, first-level procedure, modified, replace the certificate of ownership of housing ownership certificates, building construction and confirmation of changes on the certificate to be made under the provisions of Decree No. 95/2005/ND-CP dated. 2. Order and procedure for certification in home ownership, a certificate of ownership of the buildings due to the sale, Exchange, donation, inheritance or through other forms under the provisions of the law are as follows: 2.1. The Organization, individuals receive the ownership to do the certification form attached to the text of the corresponding transaction in accordance with the law, the certificate of house property right or the certificate of ownership and construction funding level changes the certificate according to the regulations for the people's Committee of the district level if the individual submitted to the Department of construction, if the is organization. Receiver records must have a receipt records and receipts of funds certificate;
2.2. Within 15 working days from the date of receiving the application, the provincial people's Committee (Department of construction for the case is authorized to sign the certificate) or the people's committees at district level to the new certificate to the owner.

3. where the owner of the House was granted the certificate of ownership of housing and land use rights in accordance to Decree 60/CP dated 05/07/1994 of the Government of that shifting ownership shall be Headquarters building if the Organization, the people's Committee of the district level if the individual confirmed the change of owner at page 3 of that certificate.
The case owner wishing to grant a certificate of change of ownership of housing and land use in already granted under Decree 60/CP dated 05/07/1994 of the Government by the certificate of house property right according to Decree No. 95/2005/ND-CP shall: 3.1. The owners have proposed a modified level menu accompanied by a certificate has been issued and filed an expense level change certificate as defined in Department of construction if the Organization, the people's committees at the district level if it is personal. Receiver records must have a receipt records and receipts of funds granted in Exchange for certificates;
3.2. Within 15 working days from the date of receiving the application, the provincial people's Committee (Department of construction for the case is authorized to sign the certificate) or the people's committees at district level are change level certificate of ownership of new housing for the owner.
The certification body must record on page 3 of the certificate of ownership of housing and land use in the content: "home owners in has been granted a certificate of change of ownership of new housing under Decree No. 95/2005/ND-CP dated 15/07/2005 of the Government" and stars 1 a to save the record before leaving this certificate to the owner.
4. The applicant recommended certification are reported according to the form guide in Appendix No. 5 of this circular. When made of paper and check the diagram drawing, granting the Agency must write the receipt according to the instructions in Appendix No. 6 of this circular.
5. Before receiving the certificate, the owner must submit receipts stamp fee (unless the owner is granted, the level again, confirm the change, granting the first which had filed charges before the contacts, case not filed and be exempted under the provisions of the law); submission of original papers on creating housing, construction works for the granting agencies to save records (except the papers on land use, decided to approve the project, project investment decisions, the investment license) and newsletter on home ownership registry in registry, ownership of the buildings.
When the delivery of the certificate, the certification authority must submit a certificate already issued a certificate (form guide in Appendix No. 7 of this circular) to the owner of the people's Committee for social housing, where there are buildings that know and follow.
6. The certification proposal be responsible before the law on the contents in the application and the other documents in the file. In the case of the certification authority to sublicense of the wrong level and not be collecting funds.
7. in case of disputes, complaints about housing ownership, ownership of the buildings, only made the granting of having resolved the dispute, the complainant that in accordance with the law.
IV. DRAWING, Diagram CONSTRUCTION, Housing 1. Graph measurements in homes, buildings must ensure the following principles: 1.1. Housing has constructions, drawings showing the shape, the size of the edge of the housing premises, buildings or premises of each floor for housing, construction work has many floors and there is no change between the drawing comparison with reality is not measuring the draw back;
1.2. The housing construction, does not yet have a drawing or drawings but real change they must measure the redrawn according to the provisions of this circular;
1.3. Housing in the municipality not in housing projects or new projects that by the landlord himself drawing the diagram drawing must be signed by the landlord and of the drawing.
In the case of housing has built on the land of another owner or individual houses shared walls, frame housing, construction of other owners then drawing the diagram must be confirmed by the owner. If the use of the land, the owner of that House is not subject to confirm people's Committee granted ward where the houses are responsible for check and confirm on the drawing as the basis for agency certification authority for the license proposal;
1.4. Housing, construction work in the countryside, then drawing the diagram must have confirmation of the people's Committee of Township, located on land plots and floors of houses, building construction.
2. Draw diagrams of houses in 2.1. For individual houses: House in case 1 the floor diagram drawing must show the shape of land plots, on which expressed shape, burn edge size, floor area of the first floor and draw the arrow symbols to the main door of the House in case the multi-storey housing. but the same floor exhibits drawing diagrams as 1 story and record floor area of the 1st floor multiplied by the number of stories, and notes the number of storeys of the House that. The case of multi-storey houses, including some of the same floor, a number of different exhibits floor floor 1 and other floors ground floor 1 and notes the figures on the floor as specified in points (for example the guidance in Appendix No. 8 and no. 9 of this circular).

2.2. for apartments in condominium, then draw a solid shape floor have flat and draw a solid shape apartment, which draw the arrow symbol on the aisle stairs and doors of apartments at the same time stating the number of the apartment, the size of the edge and floor area of flats (for example the guidance in annex 10 of the circular This).
2.3. for housing in the municipality located outside of the project, the certification bodies through the nest drawing to make. In case the landlord himself drawing it measured drawing of the certification agency in collaboration with the people's Committee of that house where a ward-level check, edit the drawing before shown on the certificate.
3. Draw a diagram of the construction works diagram drawing must show the shape of the land plots of ground, the main entrance was in the works, the main doors of each category of works and shows the location, shape, the size of the next record, the floor area of each category of works. Case of land plots too broad then just draw land section are major construction works (for example the guidance in annex 11 of this circular).
V. DEMONSTRATE DRAWING DIAGRAMS In The CERTIFICATE 1. Drawing a diagram on the certificates may according to the instructions in section IV of this circular. Based on the number of storeys of the House or the number of items of construction that the layout diagram in the certificate page as appropriate. Housing diagram drawing, construction works do not require the correct ratio.
2. The direction of drawing diagrams of houses, construction works were retrieved from the bottom of the horizontal edges of pages certificates as landmarks to draw lines, streets, alley, alley goes to the main door of the House, building construction (the façade of the houses or buildings), not taken towards regulating the draw map.
3. Drawing diagrams in the certificate to be reasonable according to the layout principles: 3.1. Housing case has a floor or mezzanine but the floor has the same size and shape then just draw a diagram in the middle of the paper roll in section III of the certificate;
3.2. in case of accommodation has many different layers and tiers depending on the number of diagrams to draw which split the paper roll in section III 2 parts, in which the left side from the bottom up: draw a diagram of land plots and the ground floor, next to draw level 2, level 3. ..., the right part from the bottom up : draw the remaining floors;
3.3. in the case of construction works one or some projects have multiple storeys, then draw the floor 1 and marked bold dots corresponding to the number of stories in a corner of the category scheme that works.
VI. PRESENTING CONTENT On The CERTIFICATE 1. The certificate of house ownership, the ownership certificate of construction works by the Ministry of construction released attached to this circular and used uniformly throughout the country.
2. The Department should build up as the receipt and the certificate of house ownership, the ownership certificate of construction works according to the principle of the certificate has been issued to the owner and the paper is damaged in the process of expressing the content on paper (if any) must equal the number of certificates issued.
Periodically six months and every year, the people's committees at district level to have the report sent the Department of building and construction Facility to have the report sent the Ministry of construction about the total number of received certificates, certificate number allocated, the number of the certificate issued to the owner and damaged certificate number (if available).
3. the certification body should complete the parameters on the certificate. In case of unknown parameters are then marked the dash (-). For example, Not identified in the building construction Year: line (-) 4. Guide to burn some content in the certificate: 4.1. The people's Committee of the section: If the people at district level Committee shall record the granting of both the district and the province; If the provincial people's Committee or the Department granting the building then just write the name of the province people's Committee, the city (for example, "thanh Tri district-Hanoi City" or "city-thanh Hoa province" or "Hai Duong Province".
4.2. the code number of the certificate: the certificate code 15 box, recording the following: from left to right, the first 2 boxes record the code number, the central cities; 3 the next cell write code district, district, town, city in the province; 5 the next cell write code communes, wards and towns; 3 the next box write the book registry in home ownership, the owner of the construction works; last 2 boxes of records sheets in the Windows registry in home ownership, the owner of the construction works.
The code number of the provincial administration, district level and social unity recorded in accordance with decision No 124/2004/QD-TTg dated 08/07/2004 the Prime Minister's '' about issuing a category table and code of administrative units ' Vietnam '.
4.3. About the record owner name (Type I); full record owner name, ID number (if available). If the owner is the Vietnam abroad, foreigners shall record the passport number, the date, month and year level. In the case of housing owned by the husband and wife must then write all the names of his wife and her husband.
The case of public-owned housing but have a common owner died without resolving divided inheritance as prescribed, they shall record the name of the person and write more is: (deceased). For example, He, ID number: 012345456 And his wife: Mrs. Tran Thi B (deceased)

The case owner is held shall record the name of the organization according to the certificate of registration of business or establishment or discretion under investment license.
4.4. Address: housing for housing in the municipality shall record the house number, Lane, alley (if available), sugar (or city), Ward, County (district, town, city in the province). For housing in the countryside shall record the specific address: Hamlet, town, district.
For apartments: in addition to the information prescribed in points, is scoring more apartment, number of stories and the name of the condominium.
4.5. About floor area (House, apartment) is recorded as follows: a) for housing a floor shall record the areas of the building that houses the wall case, only 1/2 the surface area by the common wall;
b) for the multitiered House shall record the total floor area of the building ground floor, where there is a common wall in the first floor, the computer area as specified in point a of this paragraph;
c) for apartment in condominium shall record the apartment floor area (excluding by wall, column);
4.6. About the level (ranked) houses, building construction: a), ranked housing record as specified in circular No. 05/BXD-Tel 09/02/1993 of the Ministry of construction Guide and method of determining the area of use and housing divisions;
b) levels of buildings recorded under the provisions of Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works.
4.7. About the record number of storeys (floors): If the individual housing shall record the number of floors of the main house. The event loft is not counted as a floor and the floor of the Loft area is counted as extra floor area. If the apartment is in a condominium shall record the number of floors and total floor of the condominium, the recording was made in the form of fractions (for example the apartment number 505, in the condo 15 floors then scored 5/15, in which 5 is the number of floors of apartments, 15 is the total number of storeys of the apartment).
4.8. Regarding housing, structure of construction works: just write the principal structure wall, framing, flooring, roof (e.g. wall, frame, deck BTCT; roof tiles);
4.9. the floor area of the building, the land area is calculated by m2 and retrieved after the comma 2 numbers (for example 124.43 32.00 m2 or m2);
4.10. the days, months, years to sign the certificate: to use the seal stamping or hand-written.
4.11. the signer certificate name: the name of the record was assigned to sign the paper, for example, a) where Deputy provincial PEOPLE'S COMMITTEE Chairman or Deputy Chairman instead of Chairman signed at district level shall record the following: TM. The people's Committee (specify the province, district, district, town, city in the province) ... ...
KT President Vice President (name, stamp and specify the signer name) b) where construction was the provincial people's Committee authorized to sign the certificates shall record the following: TM. The people's Committee (specify province or city) ... ....
TUQ. President Director build (signed, stamped and stating the full name of person signing) 4.12. Stamp on the certificate: the case of the people's Committee of the district level sign the certificate, the seal of the people's committees at district level. The case of the people's Committee of the provincial Department of construction or sign the certificate, the stamping of the provincial people's Committee;
4.13. writing the original profile: use accents or hand-written and recorded as follows: numbers, symbols of the certification decision and order number to the registry authority in the House (e.g. 123/QD-UB. 1455).
Under the original user profile record to write the information about the modified level, level again in the case of level change, again. (for example the first modified Level; Second level ...);
4.14. On the record changed after the certification in section IV of the certificate: Columns (1) to record the date, month, year of construction Department or district level people's Committee confirmed the change; column (2) write the content changes; column (3), the Agency's verification seal (the seal allowed overlapped each other).
These changes must also be made on a copy of the certificate stored in the granting agency.
5. The use of computer software to present the content in a certificate made under the guidance of the Home Management Department-Ministry of construction.
VII. The REGISTRY In HOME OWNERSHIP And REGISTER OWNERSHIP Of BUILDINGS 1. Each registry in home ownership and property rights register of construction works is closing the book there are 99 sheets. Each sheet has 2 sides used to write the content for a house or a building construction has been issued a certificate. Sample registry home ownership in according to the instructions in Appendix No. 12, sample ownership registry of construction works according to the guidelines in annex 13 of this circular and is applied uniformly throughout the country.
2. Based on the actual needs of housing, buildings need the certification, the Department of building and district level people's Committee established the registry in home ownership, the ownership of the register of construction works. Department of construction of the people's Committee issued guidelines for the numbering order of registry of ownership in each ward, the communes to no duplication.
3. for the local established as the certificate of ownership of housing and land use rights in accordance to Decree 60/CP dated 05/07/1994 of Government that reflects the content of the registry form ownership guide in this circular shall not repeat the registry new housing ownership.
4. The Agency and the management of the registry of ownership:

4.1. Department of construction management and home ownership registry in registry, ownership of the construction works for the case by the provincial committees or building Facility certification;
4.2. the people's committees at district level and manage the registry in home ownership, the ownership of the register of construction works for the case by the people's committees at district level certification.
VIII. ARCHIVES And RECORDS MANAGEMENT Of House Property And CONSTRUCTION 1. An archive including: 1.1. Certification application (including renewal application, issuance, re-issuance, while shifting the ownership form and confirm the change after issuance);
1.2. the receipt paper records; confirmations of the bodies concerned about the loss of the certificate (if available);
1.3. The papers created houses, building construction;
1.4. Drawing diagrams of houses, building construction;
1.5. A copy of the certificate of ownership of housing ownership certificates, construction work was granted to the owner of the old certificate or in the case of level change, the level when shifting ownership and level when the pages change after certification;
1.6. other papers related to housing, building construction.
2. Archives and records management: 2.1. Building Department is responsible for storing the records and papers relating to the issue of housing ownership, owner of construction work by the provincial people's Committee and certification;
2.2. the people's committees at district level are responsible to archive records, papers related to the issue of housing ownership, owner of construction works by the people's committees at district level certification.
3. content archive and records management: 3.1. Archive the records specified in point 1 of part VIII of this circular in accordance with the provisions of the law on archive records;
3.2. Establishment of a database record management system by computer network to cater to the statistics, the results of reports and service request management, housing construction works;
3.3. The Department of building and district level people's Committee has the responsibility to provide data on housing, construction works for the relevant agencies when required.
4. The results reported implementation of Decree No. 95/2005/ND-CP is done as follows: 4.1. Quarterly, district-level people's committees sent reports about the facility built on the implementation of the Decree on the form guide in Appendix 14 of this circular to the Department of General construction report the provincial people's Committee;
4.2. Quarterly, constructing Facility to have the report sent the provincial people's Committee on the implementation of the Decree on the form guide in Appendix No. 15 of this circular;
4.3. At the latest on the 15th of July each year and on January 15 of the following year, the provincial people's Committee has reported the results of the first 6 months and to report the results of all five on the Ministry building to sum the Prime report form instructions in Appendix 16 of this circular;
4.4. In addition to the periodic report specified in point 4.1, 4.2 and 4.3 of this paragraph, the Department of construction or people's Committee levels must be reported when required.
IX. IMPLEMENTATION 1. The people's committees of provinces and cities under central made a number of the following: 1.1. Pursuant to Decree No. 95/2005/ND-CP, instructions in this circular and the specific local situation, specific provisions of the papers about the creation of houses, buildings, the certification process and directing, implementing organizations, ensure convenient, fast implementation and do not cause troubles for the people;
1.2. Based on the provisions on funding the certification in paragraph 6 Article 22 of Decree No. 95/2005/ND-CP and the reality of specific regulations to local funding levels certified, ensuring the principles of the Department participated in the certification has to perform. The use of funds to save and have annual settlement, the funds must not submit to the State budget;
1.3. Directing the Department to build up the program, specific implementation plans; organizing professional training, professional certification for professional officers of the district and of the Department; only the people's Committee of the district in collaboration with the press agency of propaganda, disseminated to the people know and make good government regulations;
1.4. Based on the certification needs, planning reinforcements, equipment investment to accelerate certification and cater for the housing, management of construction works on the area.
1.5. Directs the management of records of house property, construction work on the uniform at the Department of building and district level people's committees (including records relating to the certification according to Decree 60/CP dated 05/07/1994 ago).
2. the Home Management Department shall assist the Minister build instructions, urge, to check the implementation of the certification in home ownership, ownership of the building works; General implementation of the granting to Ministers in the Prime Minister reports.
X. EFFECT 1. This circular has effect from the date of Decree 95/2005/ND-CP effective enforcement.

2. the people's Committee of the provincial people's Committee directing subordinates and local authorities to implement the right of Decree 95/2005/ND-CP of the Government and the provisions of this circular. In the process, if there are obstacles suggest that comments posted on the Ministry of construction to guidelines under the authority or the Prime decisions./.