Chapter VIII
TRANSITIONAL CLAUSES
Article 80. Transitional clauses for housing development and management
1. From the effective date of this Decree, the housing construction projects specified in Clause 2 Article 17 of the Law on Housing must have a uniform name and their execution must comply with provisions of the Law on Housing, this Decree, regulations of law on construction, and relevant regulations of law.
2. In case an application for approval for investment policies or decision on investment policies of a housing construction project has been submitted before the effective date of this Decree but the competent authority has not issued a written approval for or decision on investment policies as set out in the Law on Housing and this Decree, the applicant is only required to submit additional necessary documents specified in this Decree or adjust the contents of the submitted application according to the Law on Housing and this Decree.
3. In case a competent authority has initiated the process of selection of investor in the housing construction project before the effective date of this Decree but has not issued a decision on investor selection by the effective date of this Decree, the investor selection process shall be continued in accordance with this Decree.
4. In case a housing construction projects approved before the effective date of this Decree has to be revised as set out in Clause 1 Article 182 of the Law on Housing, the investor must revise the project content. If the revision is subject to approval by a the competent authority or issuance of a decision on investment policies, the investor must submit a document requesting the competent authority to revise the written decision on or approval for investment policies in accordance with this Decree before approving the revisions to the project and implementing them.
5. Determination of existing housing and off-the-plan housing:
a) Existing housing means housing that has an acceptance record and put into operation according to regulations of law on construction. In case of a housing built by the investor himself/herself according to regulations of law on construction (it is not required to be built by a capable unit), it is required to have an electricity and water supply system, fire safety system (if the house is required to have a fire safety system);
b) Off-the-plan housing means any housing that fails to meet the requirements specified in Point a of this Clause.
6. From the effective date of the Law on Housing, the housing construction projects and areas of housing construction projects specified in Clause 2 Article 17 of the Law on Housing must be named in accordance with Clause 3 Article 19 of the Law on Housing and provisions of this Decree. The projects and areas therein whose names are not conformable with this Clause shall not be recognized by law. Every transaction related to a housing construction projects must use the names approved by a competent authority.
With regard to a commercial housing construction project whose name and names of areas therein in a foreign language have been approved before the effective date of the Law on Housing, if the investor file a written request for permission to change the name of the project or areas therein as set out in Clause 3 Article 19 of the Law on Housing, the People’s Committee of the province in which the project is located shall consider granting a permission to change the names. Every transaction related to such project must use the names approved by a competent authority.
7. In case a business registration document issued by a competent authority indicates that an apartment is used as business location before the effective date of the Law on Housing, the organization, household, or individual granted with such business registration document must move the business to another location other than an apartment within 06 months from the effective date of this Decree. The competent authority that issued the business registration document must initiate procedures for changing the business location on the business registration document issued to the organization, household, or individual into another location by the deadline specified in this Clause. After this deadline, the organization, household, or individual must not do business at the apartment.
8. In case a management board of the apartment building has been established before the effective date of the Law on Housing and wishes to reorganize its organizational structure as set out in the Law on Housing, an apartment building convention must be held to reestablish the management board in accordance with the Statute on management and use of apartment buildings promulgated by the Ministry of Construction.
9. From the effective date of the Law on Housing, housing warranty shall be carried out by the deadlines specified in Clause 2 Article 85 of the Law on Housing. The warrant period begins when the construction is completed, the house is accepted and put into operation.
10. From the effective date of the Law on Housing, every apartment building (including those intended for both residential purpose and other purposes) must have a community house which complies with established standards and regulations.
With regard to a apartment building that is built before the effective date of the Law on Housing and its design has an area intended to build a community house, the investor must provide an area to build the community house according to the approved design. If its design does not have an area intended to build a community house but has an area for business, the investor and owners may reach an agreement that allows the owners to buy or lease part of such area to build a community house.
The community house shall be operated by the apartment building management board or apartment building operating unit as decided by the apartment building convention. The community house must be used to serve activities of the community of owners and users of the apartment building. It is prohibited to use the community house to serve personal purposes of owners, users of the apartment building, for lease, lending, or use for purposes other than serving common activities of investors and users thereof.
Article 81. Transitional clauses for housing transactions
1. Where a competent authority has determined the rents or lease-purchase prices of a state-owned social housing before the effective date of this Decree, but has not issued them by the effective date of this Decree, then the rent and lease-purchase prices shall be determined and issued in accordance with this Decree.
2. Where a person using a state-owned houses is a party to the housing lease contract which does not expire by the effective date of this Decree, the parties are not required to re-conclude the lease contract. When the contract expires, the house-operating unit has the responsibility to perform a check. If the tenant is still eligible to lease the house and wishes to do so, the parties shall renew the lease contract. If the tenant does not wish to keep leasing it or is not eligible to lease it as set out in the Law on Housing and this Decree, the house-operating unit shall send a written notification to the tenant in order to terminate the lease contract and return the house to the landlord in accordance with this Decree. If the house is not returned, it will be withdrawn in accordance with this Decree.
3. Transitional clauses for sale of state-owned old houses:
a) Where an application for housing purchase has been submitted before June 06, 2013 and such house is eligible to be sold according to regulations applicable at the time of application submission and this Decree, it shall be sold at the selling price and under the mechanism for reduction/exemption of selling price of Decree No. 61/CP. Where an application has been submitted before June 06, 2013 but the house is not eligible to be sold according to regulations applicable at the time of application submission but eligible to be sold according to this Decree, it shall be sold in accordance with this Decree;
b) Where an application for housing purchase has been submitted during the period from June 06, 2013 to the date before the effective date of this Decree and the house is eligible to be sold according to this Decree, it shall be sold in accordance with Decree No. 34/2013/NĐ-CP;
c) A housing specified in Point d Clause 2 Article 65 of this Decree whose selling price is approved by a competent authority before the effective date of this Decree shall be sold at the approved price, except for the case specified in Point e Clause 2 Article 69 of this Decree. Where the state ownership representative authority fails to approved the selling price by the effective date of this Decree, it shall be sold at a price conformable with this Decree.
4. Where a buyer of a commercial housing (including any household or individual that buys a commercial housing for relocation) has received the house from the investor but has not submitted the application for the Certificate to the competent authority, such buyer may transfer the house purchase contract as instructed by the Ministry of Construction.
5. With regard to housing purchased by a foreign entity before the effective date of the Law on Housing, the time limit for house ownership begins on the issuance date of the Certificate. The owner may have the time limit for house ownership extended in accordance with this Decree. During the time limit for house ownership or before its expiration, the owner shall exercise his/her rights and obligations to such house in accordance with the Law on Housing and this Decree.
6. Where a housing contract has been concluded before the effective date of the Law on Housing and the contract content is conformable with relevant regulations of law applicable at that time but contravenes provisions of the Law on Housing, the parties shall keep executing the concluded contract unless they reach a consensus on revising it according to the Law on Housing and this Decree.
From the effective date of this Decree, every housing transaction must comply with regulations on transaction methods, conditions for making transactions, transaction procedures, content and forms of housing contracts provided for by the Law on Housing, this Decree, and instructions of the Ministry of Construction. Any transaction that fails to comply with such regulations is not valid. The transactions that involve purchase, lease, lease-purchase of state-owned houses (including villas, row houses, apartments), relocation housing, purchase of commercial housing as official residences or relocation housing must comply with the contract forms and content provided for by the Ministry of Construction.
7. With regard to any capital contribution contract, investment cooperation contract, business cooperation contract concluded before the effective date of this Decree and allows distribution of 20% of the housing products under the Government's Decree No. 71/2010/NĐ-CP, such quantity of housing shall be divided as agreed in the contract. The parties shall finalize this contract and conclude a new house purchase contract when the requirements for selling the house are satisfied as set out in regulations of law on real estate trading and this Decree.
8. From the effective date of this Decree, the mortgage of housing construction projects, off-the-plan housing, and right to property derived from house purchase contracts, lease-purchase contracts, project transfer contracts, and other right to property related to housing and housing construction projects that can be mortgaged as prescribed by law must be carried out in accordance with the Law on Housing and this Decree. The mortgages of housing construction projects, off-the-plan housing, and right to property related to housing, housing construction projects set out in this Clause that contravenes the Law on Housing and this Decree are invalid and not recognized by law.
The registration of mortgage of a housing construction project, off-the-plan housing, and right to property related to housing and housing construction project set out in this Clause shall be carried out in accordance with regulations of law on registration of secured transactions. Collateral mentioned in this Clause shall be dealt with in accordance with civil law and relevant regulations of law.
Article 82. Transitional clauses for development and management of relocation housing
1. Where the investor has completed procedures for approving a housing construction project serving relocation by the effective date of this Decree but the competent authority has not approved the project, the project shall be approved in accordance with the Law on Housing and this Decree. The investor is only required to provide necessary documents and revise the project documents according to the Law on Housing and this Decree instead of starting over the project approval procedures.
In case a competent authority has approved the plan for compensation, support, and relocation before the effective date of this Decree, the approved plan shall be implemented.
2. With regard to a apartment building serving relocation funded by the capital sources specified in Clause 3 Article 36 of the Law on Housing, the buyers and lease-purchases must pay the fee for maintenance of shared area as set out in Article 108 of the Law on Housing.
Where a apartment building serving relocation has an area intended for business according to the approved project, after deducting reasonable business costs, the People’s Committee of the province may use the revenue from such business to provide subsidies on maintenance of shared areas of local apartment buildings (including maintenance of elevators, fire safety system, water pumps, generators, lightning arresters, outer sides of apartment buildings) and part of building operation costs.
Article 83. Transitional clauses for Housing Development Fund
1. Housing Development Funds of provinces that have been established before the effective date of this Decree shall keep operating under their charters approved by the People’s Committees of the provinces Depending on local conditions, the People’s Committee of each province shall request the People’s Council of the same province to decide funding from local budget for Housing Development Fund in order to grant social housing development loans locally.
2. Local governments of provinces without a Housing Development Fund that wish to establish one shall submit a report to the Prime Minister for consideration, or authorize the local Development Investment Fund to manage the Housing Development Fund.
Tìm kiếm
Nghị định 99/2015/NĐ-CP (Bản Word)
Nghị định 99/2015/NĐ-CP (Bản Pdf)