On the Ministry of Construction's Information Portal, reader L.N wondered: "A condominium project has 5 buildings A, B, C, D and E. The investor has completed the foundation of buildings A and B, so they want to put them into business before these 2 buildings. So please ask in this case, is it mandatory for the investor to complete the foundation of all 5 buildings A, B, C, D, E immediately? Or suppose the investor has completed the foundation of all 5 buildings but has not completed the foundation of the foundation connecting 5 buildings, can the investor put into business 2 buildings A and B? ".
Answering this question, after research, the Department of Economics - Construction Investment Management, Ministry of Construction has the following opinions:
Point c, Clause 3, Article 24 of the Real Estate Business Law in 2023 stipulates that houses and construction works formed in the future put into business must meet the conditions of "c) Documents on acceptance of the completion of technical infrastructure construction according to the provisions of construction law corresponding to the project progress; in case it is an apartment building, a mixed-use building with houses, there must be documents proving that the foundation construction has been accepted according to the provisions of construction law".
At point b, clause 2, Article 8 of Decree No. 96/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Real Estate Business Law, regulations on dossiers when project investors carry out procedures to notify houses and construction works formed in the future that are eligible for sale or lease-purchase; in which, regulations on documents proving that construction of the foundation has been accepted: "...In case it is an apartment building or mixed-use building with houses, there must be a record of acceptance of the completion of construction of the foundation according to the provisions of construction law".
According to the provisions of the law on construction: (1) The determination of the foundation part of the construction project is based on the approved design dossier and the acceptance of the completion of the foundation part of apartment buildings and mixed-use buildings with houses is considered based on and compared according to the provisions of the law on construction. (2) For apartment building projects with basements, foundation blocks or common technical infrastructure systems between many buildings, the determination of the completed foundation part needs to be based on the approved construction design dossier and the acceptance minutes of the construction item and construction phase.
The acceptance of the construction phase or part of the construction project is carried out in accordance with the provisions of Article 22 of Decree No. 06/2021/ND-CP; the investor and relevant contractors are entitled to self-agree on the organization of acceptance of the phase or part of the project. The acceptance result is confirmed by a record; the acceptance record shows that the foundation has been completed and is eligible to move to the next construction phase.
