Chapter III
IMPLEMENTATION
Article 14. Transitional provisions
1. In case where a contract for real estate trading has been signed before the effective date of this Decree, the contract is not required to be re-signed in accordance with this Decree, unless the parties agree to re-sign the contract in accordance with this Decree.
2. In case the parties are carrying out the procedures for signing a contract for sale, purchase, and lease-purchase of a house or construction work, but by the effective date of this Decree, the parties have not yet signed the contract, they must sign the contract in accordance with this Decree.
3. In case the parties are carrying out procedures for transfer of a lease-purchase contract of off-the-plan house, lease-purchase contract of existing house or construction work but by the effective date of this Decree, the parties have not completed the transfer procedures, they may continue to carry out the remaining procedures in accordance with this Decree.
4. In case the transfer of the whole or part of a real estate project is in progress, but by the effective date of this Decree, there has been a decision on approval for the transfer of the competent authority and the parties have not signed the transfer contract, the contract must be signed in accordance with this Decree.
5. In case the application for transfer of the whole or part of a real estate project has been submitted before the effective date of this Decree, but the competent authority has not issued a decision to permit the transfer, the parties are not required to re-conduct the previous procedure, but the missing documents must be supplemented in accordance with this Decree (if any) in order to be considered and decided by the competent authority in accordance with this Decree.
6. Enterprises and cooperatives that are engaged in real estate trading are responsible for fully meeting the eligibility criteria specified in Article 4 of this Decree within 06 months from the effective date of this Decree. Upon expiry of the time limit specified in this Decree, if the above enterprises and cooperatives fail to meet sufficient eligibility criteria as prescribed, they are not allowed to conduct real estate trading in accordance with this Decree and relevant laws.
7. In case a Vietnamese citizen has been granted a chip-based citizen identity card with a personal identification number according to the Law on citizen identification and the national population database, the investment registration database, and the enterprise registration database are connected and operated, the database as a substitute for documents related to personal identity (household registration, people's identity card, passport and other personal identification documents) can be used when carrying out procedures related to real estate and housing business in accordance with the law on real estate trading and housing law.
Article 15. Implementation
1. Responsibilities of the Ministry of Construction:
a) Guide, monitor and urge the implementation of the Law on real estate trading and this Decree;
b) Give appraisal opinions about the transfer of the whole or part of real estate projects in accordance with this Decree and relevant laws;
c) Take charge and cooperate with relevant agencies in working on and promulgating according to their competence or submitting to competent authorities for promulgation of legal documents on real estate trading;
d) Take charge or coordinate with relevant agencies in inspecting, examining, and handling violations in the field of real estate trading in accordance with law;
dd) Perform other tasks specified in the Law on real estate trading, this Decree or as assigned by the Government or the Prime Minister.
2. Relevant ministries and agencies are responsible for guiding, urging, and implementing the Law on real estate trading and this Decree within the scope, functions, and assigned tasks.
3. Responsibilities of the People's Committees of provinces and centrally affiliated cities:
a) Organize and direct the implementation of the Law on real estate trading and this Decree in the provinces/cities; direct the local housing authority and relevant local agencies to inspect the signing of contract for real estate trading in the provinces/cities according to this Decree;
b) Decide the transfer of the whole or part of the real estate project in accordance with this Decree; appraise and submitting application for transfer of the whole or part of real estate projects under the competence of the Prime Minister;
c) Organize or direct the inspection, examination, and handling of violations in the field of real estate trading according to their competence and according to law;
d) Send biannual or ad-hoc reports on the real estate trading and real estate market in the provinces/cities to the Ministry of Construction for the Ministry of Construction to summarize and report to the Government and Prime Minister;
dd) Perform other tasks specified in the Law on real estate trading, this Decree or as assigned by the Government or the Prime Minister.
Article 16. Entry in force
1. This Decree comes into force as of March 1, 2022.
2. This Decree supersedes the Government's Decree No. 76/2015/ND-CP dated September 10, 2015 on guidelines for the Law on real estate trading.
3. From the effective date of this Decree, regulations on eligibility criteria for organizations and individuals trading in real estate, the making and signing of contract for real estate trading, and the transfer of contracts for purchase, lease-purchase of off-the-plan houses, lease-purchase of existing houses, construction works, the transfer of the whole or part of real estate projects specified in the Government's Decrees, Decisions of the Prime Minister, legal documents promulgated by ministries, agencies and the People's Committees of provinces before the effective date of this Decree governed by this Decree shall comply with this Decree.
4. The Ministers, the Heads of ministerial-level agencies of the People's Committees of the provinces and centrally affiliated cities, and the heads of the relevant agencies shall implement this Decision./.
Tìm kiếm
Nghị định 02/2022/NĐ-CP (Bản Word)
Nghị định 02/2022/NĐ-CP (Bản Pdf)
