Chương II Luật kinh doanh bất động sản 2006: Kinh doanh nhà, công trình xây dựng

Chapter II

DEALING IN HOUSES AND CONSTRUCTION WORKS

Section 1. INVESTMENT IN CREATION OF HOUSES OR CONSTRUCTION WORKS FOR BUSINESS

Article 18.- Investment in the creation of houses or construction works for business

1. Organizations and individuals dealing in real estate may invest in the creation of houses or construction works for business in the following forms:

a/ Investment in the construction of houses or construction works;

b/ Investment in the renovation or repair of existing houses or construction works.

2. Organizations and individuals investing in the creation of houses or construction works for business shall comply with construction plannings approved by competent state agencies.

3. Organizations and individuals investing in the construction of new urban areas, residential quarters or technical infrastructures of industrial parks are required to have investment projects. The selection of investors for projects on new urban areas, residential quarters or technical infrastructures of industrial parks shall comply with the provisions of the construction and bidding law. Project investors are required to have financial capability for execution of projects.

Article 19.- Rights of investors of projects on new urban areas, residential quarters or technical infrastructures of industrial parks

1. To propose projects on new urban areas, residential quarters or technical infrastructures of industrial parks to state agencies competent to permit investment in the construction thereof for business.

2. To invest in construction of technical infrastructures, construction works and houses in strict compliance with detailed plannings of 1/500 scale of the projects already approved by competent state agencies.

3. To participate in the auction of land use rights or bidding for execution of projects on new urban areas, residential quarters or technical infrastructures of industrial parks.

4. To introduce and disseminate information on projects of which they are investors so as to attract and call for other investors to invest in the projects.

5. To sell, lease or sell on hire-purchase houses or construction works and transfer or lease infrastructure-associated land use rights under approved projects; in case of transfer of the whole projects to other investors, to comply with the provisions of Article 21 of this Law.

6. To enjoy exemption, reduction or deferred payment of land use levies based on project schedules and characteristics of houses or construction works and in accordance with the provisions of law.

7. To manage and supervise other investors in projects for construction investment in the very approved projects and in accordance with the provisions of the construction law.

8. To enter in joint venture or business cooperation for execution of projects with domestic or foreign organizations or individuals or with overseas Vietnamese.

9. To mobilize capital in accordance with law.

10. Other rights as provided for by law.

Article 20.- Obligations of investors of projects on new urban areas, residential quarters or technical infrastructures of industrial parks

1. To elaborate detailed plannings of 1/500 scale for projects and submit them to competent state agencies for approval in accordance with the provisions of the construction law.

2. To make direct investment in the construction of a synchronous technical infrastructure system compatible with that of the surrounding areas according to the project execution schedule; to invest in building houses or construction works according to plannings and contents of the approved projects.

3. To ensure financial sources for execution of projects according to the approved schedule; when clients' advances are mobilized, to comply with the provisions of Clause 1, Article 14 of this Law.

4. To manage the construction of houses or works under projects in which they invest by themselves or in cooperation with other investors in strict compliance with detailed construction plannings of 1/500 scale and other contents of the approved projects.

5. To take responsibility for the quality of houses or construction works in accordance with the provisions of the construction law.

6. To sell, lease or sell hire-purchase houses or construction works, to transfer or lease infrastructure-associated land use rights according to the approved projects.

7. To fill in procedures for establishment of land use rights and ownership rights to houses or construction works already sold or transferred to clients; to fill in procedures for handover of technical infrastructures under the approved projects.

8. To keep and deposit for archival purpose project dossiers, design dossiers and construction completion dossiers of houses or construction works in accordance with the provisions of law.

9. To observe the reporting regime according to law and submit to inspection and examination by competent state agencies.

10. Other obligations as provided for by law.

Article 21.- Transfer of entire projects on new urban areas, residential quarters or technical infrastructures of industrial parks

1. The transfer of entire projects on new urban areas, residential quarters or technical infrastructures of industrial parks must be approved in writing by competent state agencies.

2. Investors-transferees must be organizations or individuals dealing in real estate that satisfy the conditions specified in Clause 1, Article 8 of this Law. Investors-transferees shall fulfill all obligations of investors-transferors.

3. The transfer of entire projects on new urban areas, residential quarters or technical infrastructures of industrial parks must be conducted on the basis of written contracts.

4. The Government shall specify the transfer of entire projects on new urban areas, residential quarters or technical infrastructures of industrial parks.

Section 2. SALE AND PURCHASE OF HOUSES OR CONSTRUCTION WORKS

Article 22.- Principles for sale and purchase of houses or construction works

1. Houses and construction works for sale and purchase include those which already exist, are under construction or are to be created in the future according to the approved projects, designs and schedules.

2. Organizations and individuals dealing in real estate shall sell houses or construction works through real estate transaction floors.

3. The sale of houses or construction works accompanied with the transfer of land use rights is provided for as follows:

a/ For villas and separate houses in urban areas, the land use rights must be transferred together with the sale of houses or construction works;

b/ For other houses and construction works, the land use rights shall be transferred in accordance with the land law.

In case of sale of a condominium apartment or part of a condominium, it must be associated with land use rights, shared facilities and equipment and facilities of the condominium, which are under common ownership.

4. The sale of houses or construction works must be accompanied with dossiers on those houses or construction works, which include papers on their creation, ownership right, changes and legal status.

5. The sale and purchase of houses or construction works must be conducted on the basis of written contracts under the provisions of this Law and relevant provisions of law; in case of sale of prospective houses or construction works, the involved parties shall agree in their contracts on selling and purchasing prices at the time of signing contracts, regardless of the time of handover of houses or construction works.

Article 23.- Warranty for the sold houses or construction works

1. The seller shall provide warranty for a house or construction work sold to the purchaser, unless otherwise agreed by the two parties. The warranty contents, duration and mode shall be agreed by the two parties in the contract.

2. Within the warranty time limit, the seller shall repair and remedy defects or damage of the house or construction work, including equipment and shared facilities of a condominium, and ensure their quality standards according to legal provisions or contractual agreements.

3. For new houses or construction works, the warranty duration must not be shorter than that prescribed for construction works by the construction law.

Article 24.- Rights of the house or construction work seller

1. To demand the purchaser to fully pay money according to the payment time limit and mode stated in the contract.

2. To request the purchaser to take over the house or construction work according to the time limit agreed upon in the contract.

3. To request the purchaser to pay compensation for damage caused due to its fault.

4. To unilaterally terminate or revoke the contract when the purchaser breaches the conditions for unilateral termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law.

5. Other rights as provided for by law.

Article 25.- Obligations of the house or construction work seller

1. To provide sufficient and truthful information on the house or construction work and take responsibility for that information.

2. To hand over the house or construction work to the purchaser according to the time limit, quality and other conditions agreed upon in the contract, together with the relevant dossier and use instructions; to transfer the house or construction work ownership right and land use right.

3. To provide warranty for the sold house or construction work in accordance with Article 23 of this Law.

4. To pay compensation for damage incurred by its fault.

5. To fulfill tax and other financial obligations in accordance with law.

6. Other obligations as provided for by law.

Article 26.- Rights of the house or construction work purchaser

1. To take over the house or construction work together with its ownership right certificate, land use right certificate, relevant dossiers and papers.

2. To request the house or construction work seller to complete relevant sale procedures and to transfer the house or construction work ownership right associated with land use right.

3. To request the house or construction work seller to provide warranty under the provisions of Article 23 of this Law.

4. To request the house or construction work seller to pay compensation for damage incurred by the handover of that house or construction work beyond time limit, with improper quality or in contravention of other contractual commitments.

5. To unilaterally terminate or revoke the contract when the house or construction work seller breaches the conditions for unilateral termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law.

6. Other rights as provided for by law.

Article 27.- Obligations of the house or construction work purchaser

1. To pay money to the house or construction work seller according to the payment time limit and mode agreed upon in the contract.

2. To take over the house or construction work together with its dossier strictly according to the quality standards and time limit agreed upon in the contract.

3. To use the house or construction work strictly according to their utilities and designs.

4. To pay compensation for damage incurred by its fault.

5. Other obligations as provided for by law.

Section 3. LEASE OF HOUSES OR CONSTRUCTION WORKS

Article 28.- Principles for lease of houses or construction works

1. Houses or construction works for lease must already exist.

2. Organizations and individuals dealing in real estate shall lease houses or construction works through real estate transaction floors.

3. Houses or construction works for lease must ensure quality, safety, environmental sanitation and other necessary services so that they can be put into normal operation and use according to their utilities, designs and to contractual agreements.

4. The lease of houses or construction works shall be effected under contracts in accordance with this Law and relevant laws.

Article 29.- Rights of the house or construction work lessor

1. To request the lessee to preserve and use the house or construction work according to its utilities, designs and contractual agreements.

2. To request the lessee to pay rent according to the payment time limit and mode agreed upon in the contract.

3. To request the lessee to return the house or construction work upon the expiration of the lease term.

4. To request the lessee to pay compensation for damage or repair damage caused by the lessee.

5. To unilaterally terminate or revoke the contract when the lessee breaches the conditions for unilateral termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law.

6. Other rights as provided for by law.

Article 30.- Obligations of the house or construction work lessor

1. To provide sufficient and truthful information on the house or construction work and take responsibility for that information.

2. To hand over the house or construction work to the lessee according to the contract and guide the latter to use the house or construction work according to its utilities and designs.

3. To maintain and repair the house or construction work periodically or under contractual agreements.

4. To pay compensation for damage incurred by its fault.

5. To fulfill tax and other financial obligations in accordance with law.

6. Other obligations as provided for by law.

Article 31.- Rights of the house or construction work lessee

1. To request the lessor to supply sufficient and truthful information on the house or construction work.

2. To take over the house or construction work according to contractual agreements; to use the house or construction work within the lease term.

3. To sublease the house or construction work if it is so agreed upon in the contract or consented by the lessor in writing.

4. To continue leasing the house or construction work under the conditions agreed upon with the lessor when the house or construction work changes hand.

5. To request the lessor to repair the house or construction work on lease if it is damaged; to request the lessor to pay compensation for damage incurred by the lessor's fault.

6. To unilaterally terminate or revoke the contract when the lessor breaches conditions for unilateral termination or revocation of the contract as agreed upon in the contract by the two parties or provided for by law.

Article 32.- Obligations of the house or construction work lessee

1. To preserve and use the house or construction work according to its utilities, designs and to contractual agreements.

2. To pay rents and fulfill other obligations under contractual agreements.

3. To return the house or construction work to the lessor under contractual agreements.

4. To repair the house or construction work damaged due to its fault.

5. Not to change, renovate or dismantle part or whole of the house or construction work without the lessor's consent.

6. To pay compensation for damage incurred by its fault.

7. Other obligations as provided for by law.

Section 4. HIRE- PURCHASE OF HOUSES OR CONSTRUCTION WORKS

Article 33.- Principles for hire- purchase of houses or construction works

1. Houses or construction works for hire- purchase must already exist.

2. Houses or construction works for hire- purchase must ensure quality, safety, environmental sanitation and other necessary services so that they can be put into normal operation and use according to their utilities, designs and to contractual agreements.

3. Organizations and individuals dealing in real estate shall conduct hire-purchase of houses or construction works through real estate transaction floors.

4. The hire-purchase of houses or construction works must be conducted on the basis of contracts under the provisions of this Law and relevant provisions of law.

5. The hire-purchase of houses or construction works must be associated with land use rights and accompanied with dossiers on those houses or construction works.

6. Parties to contracts on hire-purchase of houses or construction works may agree to shorten the time for transfer of the house or construction work ownership right to the hirer before the expiration of the hire-purchase term.

Article 34.- Rights of the hire-purchase house or construction work seller

1. To select and make contractual agreement with the hirer on hire-purchase term and time point for the transfer of the house or construction work ownership right.

2. To request the hirer to pay hire-purchase money according to the payment time limit and mode agreed upon in the contract.

3. To ask the hirer to supply information on the actual conditions of the house or construction work in the hire-purchase term.

4. To request the hirer to pay compensation for damage incurred by the hirer's fault.

5. Other rights as provided for by law.

Article 35.- Obligations of the hire-purchase house or construction work seller

1. To supply sufficient and truthful information on the house or construction work and take responsibility for that information.

2. To hand over the house or construction work on schedule and with quality as agreed upon in the contract together with the dossier on that house or construction work and use instructions.

3. To transfer the house or construction work ownership right to the hirer upon the expiration of the hire-purchase term or under agreements in the contract.

4. To assure the quality of the house or construction work in the hire-purchase term under the provisions of the construction law or the parties' contractual agreements.

5. To pay compensation for damage incurred by its fault.

6. To fulfill tax obligation and other financial obligations in accordance with law.

7. Other obligations as provided for by law.

Article 36.- Rights of the house or construction work hirer

1. To take over the house or construction work in strict accordance with contractual agreements; to use the house or construction work throughout the hire-purchase term.

2. To receive the hire-purchase house or construction work ownership right upon or before the end of the hire-purchase term as agreed upon by the parties in the contract.

3. To sublease part or whole of the house or construction work or transfer the right to hire-purchase of the house or construction work to a third party, which, however, must be consented by the hire-purchase house or work seller.

4. To request the house or construction work seller to supply documents, use instructions and assure the quality of that house or construction work throughout the hire-purchase term in accordance with the provisions of the construction law or contractual agreements between involved parties.

5. To request the house or construction work seller to transfer the ownership right over that house or construction work in association with the land use rights and relevant dossiers.

6. To request the house or work seller to pay compensation for damage incurred by the hire-purchase seller's faults.

7. Other rights as provided for by law.

Article 37.- Obligations of the house or construction work hirer

1. To preserve and use the house or construction work throughout the hire-purchase term strictly according to its utilities, design and contractual agreements.

2. To improve and repair the house or construction work with the house or work sellers consent.

3. To pay hire-purchase money according to the payment time limit and mode agreed upon in the contract.

4. To perform obligations upon the end of the hire-purchase term.

5. To pay compensation for damage incurred by its fault.

6. Other obligations as provided for by law.