The Ministry of Construction issued Decision No. 1649/QD-BXD on announcing amended and supplemented administrative procedures in the field of real estate business under the management functions of the Ministry.
Accordingly, the procedure "Notice of housing formed in the future meeting the conditions for sale or lease-purchase" has code 1.012905. The Department of Construction is the competent authority to decide and implement this procedure.
Regarding the implementation procedure, before signing a contract to sell or lease-purchase houses formed in the future, the project investor must send a written notice that the house is eligible for sale or lease-purchase, along with a set of documents to the Department of Construction where the project is located.
In case the investor of the housing construction investment project has mortgaged houses formed in the future, part of the project or the entire project, the determination of houses that have been released from mortgage is carried out in accordance with the provisions of Clause 2, Article 183 of the Housing Law No. 27/2023/QH15.
Within 15 days from the date of receiving the notification document attached to the dossier, the Department of Construction is responsible for checking the conditions of houses formed in the future belonging to real estate projects put into business according to the provisions of the Real Estate Business Law.
After inspection, the Department of Construction must respond in writing to the investor about whether the housing is eligible for sale or lease-purchase. In case the housing is not eligible for sale or lease-purchase, this agency must clearly state the reason.
If the provincial-level state management agency for real estate business does not respond within the prescribed time limit, businesses have the right to sue and complain according to the provisions of law.
The dossier component includes a written notice from the project investor to the Department of Construction regarding housing that meets the conditions for sale or lease-purchase, which must include the contents specified in Appendix XV issued together with Decree No. 96/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Law on Real Estate Business.
The dossier must include a list of information about houses formed in the future that are eligible for sale or lease-purchase.
In addition, the investor must provide documents on land use rights of the project. The types of documents may include land allocation decisions, land lease decisions, decisions allowing land use purpose conversion or certificates of land use rights, ownership of houses and assets attached to land as prescribed.
In case the information on the certificate is already in the National Land Database, this document is replaced by data when the database is operated.
For construction permits, investors must provide construction permits for houses, construction works and dossiers requesting construction permits in cases where works are required to have permits according to the provisions of construction law.
In case the project is exempt from construction permits, the investor must submit a commencement notice and construction design documents.
In addition, the dossier must have a minutes of acceptance of the completion of technical infrastructure construction of the project corresponding to the project progress approved and approved according to the provisions of construction law.
For apartment buildings and mixed-use buildings with houses, dossiers must have minutes of acceptance of the completion of the foundation construction according to the provisions of construction law.
