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blue-check Issues relating to procedures for transfer of a real estate project

Official letter No. 2253/BXD-QLN dated June 16th, 2021 of the Ministry of Construction regarding competence to allow transferring the whole or a part of a real estate project
Posted: 25/6/2021 8:17:26 AM | Latest updated: 2/8/2021 1:36:30 PM (GMT+7) | LuatVietnam: 5239 | Vietlaw: 520
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With regard to the activity of transfer of (the whole or a part of) a real estate project, if the activity takes place before January 1st, 2021, the competence to allow the transfer shall comply with Article 50 of the Law on Real estate trading No. 66/2014/QH13status2 .

If the activity takes place from January 1st, 2021, the competence to allow the transfer shall comply with the new regulations at point b Clause 2 Article 75 of the Law on Investment No. 61/2020/QH14status2 .

Regarding applications for transfer of a real estate project submitted before the date on which 2020 Law on Investment takes effect have not been settled, clause 5 Article 115 of the Government's Decree No. 31/2021/ND-CP regulates that the investor may either continue applying procedures for transfer according to regulations of the Law on Real estate trading or carry out procedures for transfer according to regulations of 2020 Law on investment.

Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 520
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Real estates trading