Doing Business

New administrative decision on transfer of all or part of a real estate project

Trường Lăng

October 18, 2022

Doing Business

New administrative decision on transfer of all or part of a real estate project

Trường Lăng

October 18, 2022

The Ministry of Construction recently issued Decision 94/QD-BXD, which announced administrative procedures to be replaced in the field of real estate business within the scope of the Ministry’s state management functions.

​​In Decision No. 705/QD-BXD dated June 11, 2021, the Minister of Construction replaces two administrative procedures in the field of real estate business within the scope of the Ministry of Construction’s state management functions, including:

Procedures for transferring all or a portion of real estate projects for projects whose investment is decided by the prime minister are two administrative processes that will eliminate steps for transferring all or a portion of a real estate project, for a project whose investment is chosen by the People’s Committee of the province or district.

First, the procedure for transferring all or part of a real estate project will be replaced by the procedure for transferring all or part of a real estate project with the Prime Minister’s approval. The Prime Minister decides on the investment policy in some cases of transfer of all or part of real estate projects.

The best way to do this is to submit the dossier via email, postal mail, or in person at the People’s Committee at the provincial level where the project is located that handles accepting and returning dossiers. 

45 days are allotted for settlement after the date when all necessary documents have been received.

Second, the procedure for Transfer of all or a portion of a real estate project will be replaced by the procedure determined by the People’s Committee of the province or district on the investment . The province People’s Committee made a decision on real estate projects regarding investment in Decision 832/QD-BXD dated August 29, 2016. 

The investor can do this by submitting the application directly to the Department of Application Acceptance and Return of the People’s Committee of the province where the project is located or to the provincial housing administration, or you can submit it online, by mail or in person .

The deadline for settlement is 30 days after the day the complete and legitimate dossiers were received.

Note, for the above procedures will use the following forms and declarations:

– An application for transfer of the whole or part of a real estate project (made according to – An application form to receive the transfer of the whole or a part of the real estate project (according to Form No. 11 of the Appendix issued together with Decree No. 02/2022).

– Report on the process of real estate project implementation (according to Form No.12 in the Appendix issued together with Decree 02/2022).

The above administrative procedures will take effect from March 1, 2022.

Through this article, investors who are interested in the real estate portfolio can update their relevant legal knowledge. Therefore, to be able to update multidisciplinary knowledge related to investment portfolios for yourself, Viettonkin is pleased to accompany you, helping you to make the best investment decisions.

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