1. What methods are there to make the project possible?
Since you build an apartment building for the purpose of selling and renting, it will be in the case of building a commercial house as prescribed in Clause 4, Article 3 of the Law on Housing 2014:
“Article 3. Interpretation of terms
In this Law, the following terms are construed as follows:
2. Commercial housing means a house invested and built for sale, lease, or lease-purchase according to the market mechanism.”
To build an investment project to build commercial housing, you can refer to the provisions of the Law on Housing 2014 as follows:
3. Commercial housing construction investment project
Article 22 of the Housing Law 2014 is as follows:
- Commercial housing construction investment projects must be formulated, appraised, approved and implemented in accordance with the provisions of this Law and the law on construction.
- The selection of investors in commercial housing construction projects is done through the following forms:
a) Auction of land use rights in accordance with the law on land;
b) Bidding for projects using land;
c) Designate an investor in case the investor fully meets the conditions specified in Article 21 of this Law and has the lawful land use right as prescribed in Clauses 1 and 4, Article 23 of this Law.
- The selection of investors in commercial housing construction projects shall be decided by the housing management agency of the province and reported to the People's Committee of the province; in case the project is large-scale or involves many provinces or centrally-run cities according to the Government's regulations, it must report it to the competent agency specified in Clause 2, Article 170 of this Law for decision. before making investor selection.
4. Responsibilities of investors in commercial housing construction projects
According to the Law on Housing, the responsibilities of investors in commercial housing construction projects are as follows:
- Prepare, appraise, approve and implement the project in accordance with the provisions of this Law and the law on construction.
- Deposit for project implementation in accordance with the law on investment; pay a guarantee for housing transactions in accordance with the law on real estate business; ensure the financial capacity to implement the project as prescribed by law.
- Build houses and technical and social infrastructure works in the project in accordance with the detailed planning, the content of the decision on investment policy of the project of the competent state agency, comply with the design and construction of the project. approved design, housing area standards and progress of the project.
- Set aside the residential land area invested in the construction of technical infrastructure in the project for the construction of social housing in accordance with the provisions of the law on housing.
- To publicize on their websites and at the headquarters of their Project Management Boards the information specified at Point b, Clause 5, Article 19 of this Law; report on project implementation and results periodically and at the end of the project in accordance with the law on housing and the law on real estate business.
- Fully implement the commitments in the product business contract of the project, hand over the house and documents related to the transaction house to the customer; conduct transactions of purchase, sale, lease, lease-purchase of houses and trade in land use rights in accordance with the provisions of the law on real estate business.
- Within 50 days from the date of handing over the house to the buyer or from the time the lessee has paid the agreed amount in full, the procedures must be carried out to request the competent state agency to issue the Certificate. receive housing for buyers, tenants and buyers, except for cases where the buyer or hire-purchaser voluntarily carries out the procedures for applying for a Certificate. In case of building houses for rent, they are responsible for making and storing house dossiers according to the provisions of Articles 76 and 77 of this Law.
- Housing warranty according to the provisions of this Law and the law on construction; fulfill financial obligations to the State as prescribed by law.
- Comply with legally effective decisions of competent agencies on handling of law violations when there are violations in housing development, capital mobilization, customer advances, conduct transactions on housing and other activities specified in this Article.
- Compensation in case of causing damage to customers or to organizations, individuals and households participating in housing construction investment.
5. Prepare documents
If you want to carry out a project to build an apartment building for the purpose of both selling and renting, you will ask the State to allocate land with the collection of land use levy according to the provisions of Article 55 of the 2013 Land Law as follows:
“Article 55. Land allocation with land use levy collection
The State allocates land with collection of land use levy in the following cases:
1. Households and individuals are allocated residential land;
2. Economic organizations that are allocated land to implement investment projects on construction of houses for sale or for sale in combination with lease;
3. Overseas Vietnamese and foreign-invested enterprises may be allocated land to execute investment projects on construction of houses for sale or for sale and lease;
4. Economic organizations that are allocated land to implement investment projects on infrastructure of cemeteries and graveyards to transfer land use rights associated with infrastructure.”
You will prepare documents as prescribed in Clause 1 of this Article u 8 Circular No. 24/2014/TT-BTNMT as follows:
“Article 8. Dossier submitted when carrying out procedures for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets for the first time
1. Dossier submitted when carrying out procedures for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets includes:
a) An application for registration and grant of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04/DK;
b) One of the papers specified in Article 100 of the Land Law and Article 18 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Government's Decree No. Law on Land (hereinafter referred to as Decree No. 43/2014/ND-CP) for registration of land use rights;
c) One of the papers specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land.
In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required (except for cases where the document on ownership of the house or construction work already has a suitable diagram). suitable to the current status of houses and constructions);
d) Report on the results of the review of the current state of land use, for cases where domestic organizations or religious establishments are using land before July 1, 2004 according to Form No. 08/DK;
dd) Proof of financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);
e) For units of the people's armed forces using land for defense and security purposes, in addition to the papers specified at Points a, b and d of this Clause, there must be a decision of the Minister of National Defense, The Minister of Public Security on the location of the army station or the location of the work; a copy of the Prime Minister's decision approving the master plan on land use for national defense and security purposes in the area of military zones, units of the Border Guard Command, in the province , centrally run city with the name of the unit applying for the Certificate;
g) In case there is registration of limited use right to the adjacent land plot, there must be a contract or written agreement or decision of the People's Court on the establishment of limited use right of the adjacent land parcel, enclosed with according to the diagram showing the location and size of the area of the land plot that the users of the adjacent land parcel have limited use rights.”
6. Application for an apartment building permit
(For a construction investment project consisting of many works, a construction permit is granted for one, some or all of the works under the project when the technical infrastructure in the work construction area has been developed. according to the construction planning approved by the competent state agency.
In case of application for a construction permit for a project where the construction investment project includes many works of different types and grades, the Department of Construction that issues the highest level of construction permit is responsible for granting the construction permit. construction of the remaining works under the project)
- An application form for a construction permit (according to the form).
- A copy or file containing the original copy of one of the papers proving the land use right as prescribed by the law on land
- A copy or file containing the main snapshot of two sets of approved technical design drawings or construction drawing designs in accordance with the law on construction, each set includes:
The drawing of the total ground of the project or the total plan of each phase of the project, scale of 1/100 - 1/500;
Site drawings of each work on the land plot scale of 1/100 - 1/500, together with a map of the location of the work;
Drawings of elevations and main sections of each project, scale 1/50 - 1/200;
Drawing of foundation plan with scale 1/100 - 1/200 and foundation section at scale 1/50 of each work, together with diagram of connection to rainwater drainage, wastewater treatment, water supply, and electricity supply systems. , communication scale 1/50 - 1/200.
Note: In case the construction design of the work has been appraised by a specialized construction agency, the design drawings are copies or files containing snapshots of construction design drawings already approved by the specialized construction agency. construction appraisal.
- A copy or file containing the original copy of the decision on approval of the work construction investment project.
In addition to the documents specified above, the dossier of application for a construction permit must also be supplemented with other documents in the following cases:
- The copy or file containing the original copy of the report on design appraisal results of the construction authority for the works as prescribed, must be appraised the design.
- A copy or file containing the original copy of the investor's written commitment to ensure the safety of the works and neighboring works, for the construction works with a basement.
- A copy or file containing a photocopy of the original declaration of capacity and experience of the designing organization or individual (according to the form), enclosed with a copy of the construction practice certificate, for works that have not yet been approved. construction agency specializing in design appraisal.
- A copy or file containing a copy investment decisions for works requiring construction investment projects to be formulated.
Above is our advice on the issue that you are interested in. The above-mentioned consulting opinions are based on the provisions of law and information provided by the customer. The purpose of this advisory is for individuals and organizations to consult.
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