Decree No. 99/2015/ND-CP dated October 20, 2015 of the Government on detailing and guiding the implementation of a number of articles of the Housing Law

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Decree No. 99/2015/ND-CP dated October 20, 2015 of the Government on detailing and guiding the implementation of a number of articles of the Housing Law
Issuing body: GovernmentEffective date:
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Official number:99/2015/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:20/10/2015Effect status:
Known

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Fields:Land - Housing

SUMMARY

After June 10, 2016, household or individual may not do business at the condominium apartment

In accordance with the Decree No. 99/2015/ND-CP dated October 20, 2015 of the Government detailing and guiding the implementation of a number of articles of the Housing Law, prohibiting to conduct  the businesses or trading in condominiums’ business areas such as trading in inflammable or explosive materials and businesses dangerous to the life or property of condominium users as prescribed by the law on fire prevention and fighting; dance hall business; repair of motor vehicles; cattle slaughtering; or other polluting services. Restaurants, karaoke parlors or bars must have soundproof walls and emergency exits, and must comply with requirements on fire and explosion prevention and fighting and satisfy other business conditions prescribed by law.

If currently doing business at a condominium apartment as written in the business registration paper issued by a competent agency before  July 01, 2015, the organization, household or individual possessing this business registration paper shall move business activities to another place other than a condominium apartment within 6 months after December 10, 2015. The agency competent to grant the business registration paper shall carry out procedures to change the business place written in the granted business registration paper within the time limit. Past the time limit, the organization, household or individual may not do business at the condominium apartment.

The purchaser of a commercial house (including households and individuals purchasing commercial houses for use as houses for resettlement) that has received the house from the project owner but has not submitted a certificate application dossier to a competent agency may transfer the house purchase and sale contract under the Ministry of Construction’s guidance.

Also in accordance with this Decree,  before signing a contract on house sale, lease-purchase or donation, the project owner or donor shall check information on the website of the provincial-level Construction Department or request the provincial-level Construction Department to provide information in order to determine the allowable number of houses for sale, lease-purchase and donation. The provincial-level Construction Department shall provide information in the day. The owner of a house construction project may only sell or lease-purchase houses or the donor may only donate houses to foreign organizations and individuals. Foreign organizations and individuals may own no more than 30% of the total number of apartments of a condominium. In an area with a population equivalent to a ward-level administrative unit where there are various condominiums for sale or lease-purchase, foreign organizations and individuals may own no more than 30% of the number of apartments of each condominium and of the aggregate number of apartments of all condominiums in the area. In an area with a population equivalent to a ward-level administrative unit where there are investment projects to construct commercial houses, including individual houses, for sale or lease-purchase.  In case in the area there is only one project with under 2,500 individual houses, foreign organizations and individuals may own no more than 10% of the total number of houses of that project; In case in the area there is only one project with 2,500 individual houses, foreign organizations and individuals may own no more than 250 houses and in case in the area there are two or more projects with an aggregate number of 2,500 individual houses at most, foreign organizations and individuals may own no more than 10% of the number of houses of each project…

This Decree takes effect on December 10, 2015.
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Effect status: Known

 

THE GOVERNMENT

 
No. 99/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, October 20, 2015
 
DECREE
Detailing and guiding the implementation of a number of articles of the Housing Law[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 25, 2014 Housing Law;
At the proposal of the Minister of Construction,
The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Housing Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details and guides the implementation of a number of articles and clauses on house ownership, development, management and use, housing transactions, and the state management of housing in Vietnam in Housing Law No. 65/2014/QH13 (below referred to as the Housing Law).
2. The detailing of a number of articles and clauses on social housing development; management and use of social houses not under state ownership; renovation and reconstruction of condominiums; building, management and use of the housing information system; transactions of purchase, sale, lease or lease-purchase of commercial houses of real estate businesses and cooperatives; inspection and sanctioning of administrative violations in the field of housing must comply with other decrees of the Government.
Article 2. Subjects of application
1. Domestic organizations, households and individuals, overseas Vietnamese, foreign organizations and individuals involved in house ownership, development, management and use and housing transactions in Vietnam.
2. State management agencies in charge of housing.
Article 3. Local housing development programs and plans
1. People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) shall formulate and implement local housing development programs and plans under Articles 15 and 169 of the Housing Law.

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