With regard to land leased by the State to execute a project, if the land rental is paid on the annual basis, registration fee shall be also exempt according to Clause 7 Article 5 of Circular No. 301/2016/TT-BTC.
However, if the land rental is paid once, registration fee must be paid at the rate of 0.5% (Clause 1 Article 4 of Circular No. 301/2016/TT-BTC).
(i) Owners of commercial housing construction projects
(ii) Foreign organizations, individuals who own houses wish to re-sell such houses before the expiration of the ownership period.
As the result, foreigners are not allowed to buy houses from organizations that are not owners of commercial housing construction projects and Vietnamese individuals – in other words, Vietnamese organizations, individuals are not allowed to sell houses to foreigners.
In which, the land price coefficient upon granting residential land use rights and allowing the change of land use from non-residential to residential is 1.1 times the land price published by the People’s Committee of the city.
The land price coefficient for determination of annual land rent is between 1.1 and 2.1 times, depending on land use purposes and zones.
The land price coefficient for determination of land levy unit, single-collection land rent is between 1.3 and 2.1 times, depending on zones.
The specific land price coefficients for each group of entities and zones are provided in Article 2 of this Decision.
This Decision takes effect from March 25th, 2018 and replaces Decision No. 19/2017/QD-UBND dated March 23rd, 2017.
The restrictions provided in this Circular are bases for formulation, inspection and approval of plans for land use of provinces and districts concurrently for inspection of demand for land use of land delivery, land lease, transfer of land use purposes for new construction or the increase in the scale of land use for cultural, medical, education and sports facilities and cultural construction projects on land for community activities.
The land use restriction includes land use restriction (according to construction project) and land use restriction per capita. In which, land use restriction means a limited land area necessary for one construction project to serve its purposes and use the land effectively for a particular purpose; land use restriction per capita means land area measured in square meters provided for one person which enables him/her to fully develop his/her competency in one subject and use the land effectively for a particular purpose.
1. Decree No. 43/2014/ND-CP dated May 15th, 2014 detailing the Law on land 2014.
2. Decree No. 44/2014/ND-CP dated May 15th, 2014 regulating on land price
3. Decree No. 47/2014/ND-CP dated May 15th, 2014 on compensation, support and resettlement for the government’s expropriation of land
According to the supplements to this Decree, land user who does not or has not fulfilled the payment of the land levy or land rent as per the laws and then oppose competent government authorities' coercion of financial obligations shall be subject to the land expropriation.
With regard to the termination of investment project, the investor can continue using the land area in 24 months from the date that the investment project terminates. Within such 24 months, the investor can transfer the land use right and sell legitimate properties on the land area to another investor. However, If the investor fails to transfer the land use right and sell its legitimate properties on the land area to another investor after the 24-month extension of land use, the government shall expropriate the land area.
This Decree takes March 3rd, 2017.
Circular No. 19/2016/TT-BXD - The new provisions on housing ownership, sale and purchase ( 30-Jun-2016) This Circular provides some provisions on housing, including: procedures for requesting approval of investment guidelines of a housing project; procedures for selection of investor in a commercial housing project; raising capital for commercial housing development; official residence development; sale, lease, lease purchase of state-owned relocation houses, state-owned social houses; ownership of housing in Vietnam by foreign entities; and transfer of commercial house sale contract) read more
Accordingly, the raising capital by collecting advances from buyers or tenants under contracts to buy or lease off-the-plan housing is only allowed upon the completion of the foundation a housing project. The completion of the foundation and foundation beam of a housing project or floor elevation of the lowest floor is considered completion of lowest floor of such project (Article 9)
Regarding quantity of houses of a housing project in Vietnam foreign entities may own, the determination is carried out as follows: foreign entities may own up to 30% of residential apartments of an apartment building. If an apartment building has many blocks, foreign entities may own up to 30% of residential apartments of each block. With respect to detached houses, foreign entities may own up to 10% of the houses or 250 houses of each project (Article 29)
Regarding transfer of a commercial house sale contract, under this Circular, the buyer of a house of the investor in a commercial housing project may transfer the sale contract to another entity as long as the application for the Certificate has not been submitted to a competent authority, whether the house has been received or not (Article 32)
This Circular shall take effect from August 15th, 2016.
The following documents shall be expired as from the effective date of this Circular: Decision No. 29/2001/QD-BXD dated November 19th, 2001; Decision No. 17/2006/QD-BXD dated June 7th, 2006; Circular No. 38/2009/TT-BXD dated December 8th, 2009 ; Circular No. 16/2010/TT-BXD dated September 1st, 2010; Circular No. 14/2013/TT-BXD dated September 19th, 2013; Circular No. 03/2014/TT-BXD dated February 20th, 2014; Circular No. 07/2014/TT-BXD dated May 20th, 2014.
Accordingly, with regard to manner of submission of an application for registration of the mortgaging of land, properties on land, this Circular allows the submission by post or via online registration system instead of direct submission under the earlier provisions
For mortgaging of future acquired properties on land, this Circular supplements some noticeable principles as follows:
- If the future acquired house has been pledged as collateral in the form of property rights derivative of the contract for purchase and sale of houses, simultaneous registration of mortgaging of houses in such form shall not be accepted. If the future acquired house has been pledged as collateral as prescribed in this Circular, simultaneous registration of mortgaging of property rights derivative of the contract for purchase and sale of houses in such form shall not be accepted
- If the investor has mortgaged and registered mortgaging of housing construction projects or future acquired houses, before selling houses from such projects, the investor shall fulfill procedures for registration of changes in the registered mortgage content (partial withdrawal of collateral)
- Future acquired properties on land pledged as collateral should be attached to the land parcel where the asset is located
Entities that must participate in such training courses are individuals taking charge of managing apartment buildings, including members of Management Boards of apartment buildings
Apart from knowledge of management of apartment buildings, the trainees must thoroughly grasp lectures about laws on housing, laws on land, civil, construction, real estate trading related to apartment buildings.
This Circular takes effect from February 15th, 2016 and replaces Circular No. 14/2011/TT-BXD dated November 25th, 2011.
Accordingly, investors are eligible for mortgage part or whole of the following housing construction projects to borrow loans of banks (Article 8):
1. An investment project freshly constructing or renovating an independent residence or a cluster of residences
2. An investment project constructing residences with synchronized technical and social infrastructures in rural areas
3. An investment project constructing urban areas or using mixed types of lands, parts of which are exploited for the construction of residences
4. A construction investment project that has buildings for both residential and business purposes
With regard to off-the-plan residences, investors can only mortgage the residences when the foundation of the residences mortgaged have been completed and the residences are not the project's parts mortgaged (Clause 2 Article 7)
Particularly, cases of mortgaging off-the-plan residences built on legitimate lands of organizations and individuals or originated from re-purchase, the conditions provided in Clause 3 Article 7 must be satisfied.
This Circular takes effect from December 10th, 2015.
One of the new points of this Decree is the supplement of some provisions on management and use of apartment buildings (Article 35). Accordingly, the following business lines are prohibited in the business area of an apartment building: explosive, combustible materials, discotheque business; repair of motor vehicles; slaughtering
With regard to the house ownership of foreign individuals and organizations, according to Article 7 of this Decree, the house ownership duration for foreign organizations must not longer than the duration written in the Investment Registration Certificate. Foreign individuals are issued the house ownership Certificate with the duration of 50 years and they may extend when the house ownership period written on the Certificate expires
Foreign entities may own up to 30% of the total number of apartments of an apartment building. For the detached houses, they may own up to 10% of the total quantity of detached houses of each project (Article 76)
This Decree comes into force from December 10th, 2015