Chương IV Luật kinh doanh bất động sản 2023: Kinh doanh quyền sử dụng đất đã có hạ tầng kỹ thuật trong dự án bất động sản

Chapter IV

BUSINESS IN RIGHTS TO USE LAND THAT ALREADY HAS INFRASTRUCTURE WITHIN REAL ESTATE PROJECTS

Section 1. GENERAL PROVISIONS

Article 28. Forms of business in rights to use land that already has infrastructure within real estate projects

1. Investors may conduct business in rights to use land that already has infrastructure within real estate projects in the following forms:

a) Carry out transfer of rights to use land that already has infrastructure within real estate projects to individuals for building their own houses which means the sale of pre-divided land lots to individuals for building houses;

b) Transfer rights to use land that already has infrastructure within real estate projects to organizations for constructing housing or buildings;

c) Let out or sublet out rights to use land that already has infrastructure within real estate projects to organizations or individuals for use according to the land use purpose and contents of the investment project approved by a competent authority.

2. Transactions involving rights to use land that already has infrastructure within real estate projects shall be conducted in accordance with the following provisions:

a) Rights to use land that already has infrastructure within real estate projects to be transacted must meet the conditions set out in Articles 31 and 35 of this Law;

b) Organizations or individuals engaging in real estate business shall conduct transactions involving transfer, lease or sublease of LURs by means of contracts as prescribed in Chapter VI of this Law;

c) Parties to a transaction shall prepare adequate and lawful information and documents proving that have full capacity of legal acts to conduct the transaction as well as conclude the contract in accordance with regulations of the Civil Code; and meet eligibility requirements to engage in real estate business laid down in this Law;

d) Before entering into a contract, the transferor, lessor or sublessor of the LURs must provide adequate information and documents prescribed in clause 5 Article 6 of this Law for the client;

dd) After entering into a contract, contractual parties are responsible to strictly comply with terms and conditions of the signed contract as well as fully pay taxes, fees and charges (if any) to the State in accordance with regulations of law;

e) The transferor of rights to use land that already has infrastructure within real estate projects shall follow procedures with a competent authority for issuance of a certificate of LURs and ownership of property on land, in accordance with regulations of the Land Law, to the transferee, unless the transferee themselves follow such procedures as agreed upon by the parties in the signed transfer contract;

g) The competent authority shall consider issuing such certificate of LURs and ownership of property on land to the transferee in accordance with the Land Law.

Article 29. Requirements for business in rights to use land that already has infrastructure within real estate projects

1. The real estate project within which rights to use land that already has infrastructure to be put on market is located must meet the following conditions:

a) It must meet the conditions set out in Article 11 of this Law;

b) The construction of infrastructure facilities have been completed according to the approved detailed planning and the schedule approved by a competent authority in accordance with regulations of the Construction Law, the Law on Urban Planning and the Investment Law;

c) The provision of electric supply, water supply and drainage, waste collection and wastewater treatment services; connection to the shared infrastructure system of the region before the LURs are transferred, leased or subleased must be ensured;

d) Transfer, lease or sublease of rights to use land that already has infrastructure must be conformable with investment objectives and the investment project approved by competent authorities.

2. Transfer, lease or sublease of rights to use land that already has infrastructure within real estate projects must meet the conditions set out in Articles 31 and 35 of this Law and be bound by provisions on forms, purposes and duration of land use, and land registration set out in the Land Law.

Article 30. Obligations of parties in transactions involving transfer, lease or sublease of rights to use land that already has infrastructure within real estate projects

1. Obligations of transferors, lessors and sublessors of rights to use land that already has infrastructure within real estate projects:

a) Provide adequate and truthful information on LURs and assume responsibility for their provided information;

b) Fully hand over the land lot on the schedule and according to the location and boundaries as agreed upon in the signed contract;

c) Compensate for damage caused by their negligence;

d) Fulfill financial obligations towards to the State in accordance with regulations of law;

dd) Follow procedures for land registration in accordance with regulations of the Land Law, and deliver the certificate of LURs and ownership of property on land, as prescribed by the Land Law, to the transferee, unless the transferee voluntarily follows such procedures;

e) Carry out registration of lease or sublease of LURs in accordance with regulations of law; inspect and remind the lessee or sublessee to protect and keep the land lot in good conditions, and use the land for proper purposes; notify the lessee or sublessee of a third party’s rights over the rental land lot;

g) Comply with regulations of law on management and utilization of state capital invested in manufacturing and business activities of enterprises, if the transferor, lessor or sublessor is a state-owned enterprise;

h) Discharge other contractual obligations.

2. Obligations of a transferee, lessee or sublessee of rights to use land that already has infrastructure within a real estate project:

a) Make payments to the transferor, lessor or sublessor of LURs on schedule and according to payment method agreed upon in the contract;

b) Ensure a third party’s rights over the land lot transferred, leased or subleased;

c) Compensate for damage caused by their negligence;

d) Fulfill financial obligations towards the State in accordance with regulations of law;

dd) Receive the full area of the land lot on the schedule and according to the location and boundaries as agreed upon in the signed contract;

e) Use the land lot for agreed-upon purposes and within its boundaries; not cause damage to the land; not cause harm to legitimate rights and interests of surrounding land users;

g) Return the rental land lot on the agreed-upon schedule and under terms and conditions of the signed contract;

h) Discharge other contractual obligations.

Section 2. TRANSFER OF RIGHTS TO USE LAND THAT ALREADY HAS INFRASTRUCTURE WITHIN REAL ESTATE PROJECTS TO INDIVIDUALS FOR BUILDING HOUSING

Article 31. Conditions attached to land that already has infrastructure within real estate projects which rights to use are to be transferred to individuals for building housing

1. The conditions set out in clause 1 Article 29 of this Law are met.

2. Certificate of LURs is available and the land use term is not yet expired as prescribed by the Land Law. The land lot which rights to use is to be transferred is located within the land area of the project granted certificate of LURs in accordance with regulations of the Land Law.

3. LURs are not in any dispute which has been notified, handled or is under consideration by a competent authority or LURs only involve in disputes which have been completely resolved under sentences, decisions or judgments which have taken legal effect;

4. LURs are not distrained to serve judgment enforcement.

5. LURs are not banned from trading as prescribed by law; are not suspended from trading as prescribed by law.

6. The land lot is not located in any ward, urban district, or city of a special-class or class-I, II or III city; LURs are not put for sale in an auction for constructing a housing investment project as prescribed by the Land Law. For remaining areas, each provincial People's Committee shall, depending on its local actual conditions, determine areas in which rights to use land that already has infrastructure can be transferred by project investors to individuals for building their own housing.

7. Before carrying out the transfer of rights to use land that already has infrastructure within a real estate project, the project investor shall notify the relevant provincial real estate authority in writing of the fact that the LURs have meet relevant conditions for transfer.

Within 15 days from the receipt of the notification, the provincial real estate authority shall carry out an inspection to verify the satisfaction of conditions of the LURs to be put on the market, and give a written response to the project investor. If the LURs are found not to meet such conditions, reasons therefor must be given to the project investor in writing.

The Government shall elaborate this clause.

8. Information on rights to use land that already has infrastructure within a real estate project to be put on the market has been disclosed as prescribed in Article 6 of this Law.

Article 32. Requirements to be satisfied by transferor of rights to use land that already has infrastructure within a real estate project to individuals for building housing

1. The transferor must be the investor of the real estate project.

2. The requirements in clauses 1, 2 Article 9 and the condition in clause 2 Article 31 of this Law are met.

3. Land-related financial obligations, including land levy, land rent and other relevant taxes, fees and charges (if any), towards the State in accordance with regulations of law in respect of the land area that already has infrastructure within the real estate project to be put on the market have been fulfilled.

4. Any decisions on imposition of penalties for administrative violations against regulations on investment, construction, land, housing, real estate business or taxes in respect of the land lot which rights to use are to be put on the market have served or implemented before entering into contracts for transfer of rights to use land that already has infrastructure within a real estate project.

Article 33. Rights and obligations of transferor of rights to use land that already has infrastructure within a real estate project to individuals for building housing

1. Discharge the obligations specified in clause 1 Article 30 of this Law.

2. Monitor, expedite, supervise and facilitate the transferee’s construction of housing according to the schedule, design, approved detailed planning, building permit, if required, and terms and conditions of the transfer contract signed by and between two parties in accordance with regulations of the Construction Law and relevant laws.

3. Request the transferee to compensate for damage to the technical infrastructure system which occurs during their housing construction.

4. Repair or remedy damage caused to the technical infrastructure system by the transferee’s negligence during their housing construction.

5. Perform other contractual rights and obligations.

Article 34. Rights and obligations of a transferee of rights to use land that already has infrastructure within a real estate project for building housing

1. Discharge the obligations specified in clause 2 Article 30 of this Law.

2. Carry out the construction of housing according to the schedule, design, approved detailed planning, building permit, if required, and terms and conditions of the signed transfer contract.

3. Bear the transferor’s supervision during their housing construction as agreed upon in the contract, and comply with provisions of the Construction Law and relevant laws.

4. Compensate for damage to the technical infrastructure system caused by their negligence during the construction of housing.

5. Perform other contractual rights and obligations.

Section 3. TRANSFER, LEASE AND SUBLEASE OF RIGHTS TO USE LAND THAT ALREADY HAS INFRASTRUCTURE WITHIN REAL ESTATE PROJECTS TO ORGANIZATIONS

Article 35. Conditions attached to land that already has infrastructure within real estate projects which rights to use are to be transferred, leased or subleased to organizations

Land that already has infrastructure within real estate projects which rights to use are to be transferred, leased or subleased to organizations must meet the conditions set out in clauses 1, 2, 3, 4, 5 and 8 Article 31 of this Law.

Article 36. Requirements to be satisfied by transferor, lessor or sublessor of rights to use land that already has infrastructure within real estate projects to organizations

A transferor, lessor or sublessor of rights to use land that already has infrastructure within a real estate project must satisfy the requirements laid down in Article 32 of this Law.

Article 37. Rights and obligations of transferor, lessor or sublessor of rights to use land that already has infrastructure within real estate projects to organizations

1. Discharge the obligations specified in clause 1 Article 30 of this Law.

2. Provide adequate legal documents on the project and LURs to the transferee, lessee or sublessee for completing procedures for investment in and construction of the project in accordance with regulations of the Investment Law, the Construction Law and relevant laws.

3. Facilitate the investment in and construction by the transferee, lessee or sublessee of the project approved by a competent authority.

4. Request the transferee to compensate for damage caused to the technical infrastructure system during their construction.

5. Perform other contractual rights and obligations.

Article 38. Rights and obligations of organization that is transferee, lessee or sublessee of rights to use land that already has infrastructure within real estate project

1. Discharge the obligations specified in clause 2 Article 30 of this Law.

2. Discharge obligations of a land user as prescribed by the Land Law.

3. Carry out investment in and construction of the project within the land lot which rights to use are transferred, leased or subleased in accordance with regulations of the Investment Law, the Construction Law, the Land Law and relevant laws.

4. Meet the following requirements when carrying out investment in and construction of the project within the land lot transferred, leased or subleased, including:

a) Make investment in and construction of works which must be conformable with approved detailed planning and project schedule;

b) Make investment in and construction of technical infrastructure facilities which must be in line and connected with regional infrastructure facilities, and meet the approved schedule of the project and approved planning;

c) Ensure the provision of project management and operation services, technical and social infrastructure systems, and other services within the scope of the project;

d) Transfer technical and social infrastructure facilities to local government, if required as specified in the approved project in accordance with regulations of law; manage, operate and ensure quality of such technical and social infrastructure facilities until they are transferred.

5. Perform other contractual rights and obligations.