1. Distinguish 50 -year apartment and permanent apartment
The law does not specify the minimum or maximum duration of apartments, 50 -year apartments or permanent apartments in nature only at the time of ownership. 50 -year apartment and permanent apartment is the name indicating the time limit for apartment ownership.
Article 58 of the Law on Housing 2023 stipulates that the time limit for apartment ownership is as follows: The shelf life of the apartment building is determined according to the design dossier and the actual use time of the apartment building according to the test conclusion of the test. competent authorities. The shelf life of the apartment building according to the design dossier must be clearly stated in the appraisal document of the competent authority in accordance with the law on construction.
According to the above provisions, the time limit for apartment use is determined based on the project level and conclusions of quality accreditation of competent management agencies. In addition to the issue of the expiry date of the apartment building, when buying an apartment building, it is also necessary to pay attention to the time of land use of apartment construction.
According to Article 172 of the Land Law 2024: Land allocation and lease term for organizations for use for agricultural, forestry, aquaculture and salt production purposes; Organizations, households and individuals for use for commercial and service purposes, as a non -agricultural production basis; Organize to implement investment projects; Vietnamese people residing abroad, foreign -invested enterprises to implement investment projects in Vietnam are considered and decided on the basis of investment projects or applications for land allocation or land lease but land but Not more than 50 years.
For housing business projects for sale or for sale in combination with rental or for rent, the land allocation period to the investor is determined by the project's deadline; Housing buyers associated with land use rights may be used for long -term stable land.
At the expiry of the time limit, if the land user, if in need of continuing to use, is considered by the State to extend the land use limit but no more than the time limit specified in this Clause.
Thus, the time limit for investors is allocated land and leased land to build apartments is usually 50 years, when the deadline expires if there is a need to continue using it is considered to be extended by the State. For housing buyers associated with land use rights, the land can be used for a long time.
2. What is the apartment ownership period stated in the Certificate?
Pursuant to Clause 4, Article 10 of Circular 10/2024/TT-BTNMT, the information is recorded on the certificate of apartment ownership as follows:
- Detailed information about assets shown at the QR code of the Certificate.
- Apartment with ownership:
+ In case the apartment is limited as prescribed by law, the date of expiry date may be owned under the sale contract or in accordance with the law on housing.
+ In case of ownership of an apartment on the land parcel under the use of others, the date of end of the deadline is hired, business cooperation or different forms with land users.
-Apartments do not determine the time limit for ownership of the house on the pink book will have the symbol "-/-", this symbol means that it does not determine the time limit for ownership of the apartment and are collectively referred to as the apartment with the apartment Permanent ownership period.
