Circular No. 01/2009/TT-BXD stipulates procedures for issuing ownership certificates for condominium units and the model purchase contract, applicable to real estate businesses. Notably, it defines the area of condominium units based on floor area including balconies and terraces, and specifies the content of the purchase contract.
Scope of application
Real estate businesses, authorities issuing ownership certificates for residential houses, buyers of condominium units.
Key points
- Real estate businesses are responsible for completing procedures for state agencies to issue ownership certificates to buyers of condominium units within thirty days from the date of payment according to the purchase contract.
- The application dossier for issuing ownership certificates includes the basic dossier and individual unit dossiers, with specific documents such as the project approval decision, land use right certificate, house layout drawings, and the purchase contract.
- The area of a condominium unit is recorded based on the floor area including balconies and terraces of that unit.
- The purchase contract for a condominium unit must clearly specify private ownership, common ownership, internal regulations for managing and using condominiums, maintenance and operation costs of the condominium.
- The fee for issuing the first ownership certificate for a condominium unit is implemented according to Article 49 of Decree No. 90/2006/NĐ-CP.
🌐 Social impact of this document
- Positive impact is ensuring the rights of condominium buyers, helping them understand information about the area and content of the purchase contract.
- Negative impact may be the administrative burden on real estate businesses.
❓ Frequently asked questions
Our company sells condominium units, when must we complete the dossier and submit it to the authority issuing ownership certificates?
Within thirty days from the date the condominium building is accepted for use.
What does the application dossier for issuing ownership certificates include?
The basic dossier and individual unit dossiers, with documents such as the project approval decision, land use right certificate, house layout drawings, and the purchase contract.
How is the area of a condominium unit calculated?
The area of a condominium unit is recorded based on the floor area including balconies and terraces of that unit.
What contents must be specified in the purchase contract for a condominium unit?
Private ownership, common ownership, internal regulations for managing and using condominiums, maintenance and operation costs of the condominium.
What is the fee for issuing the first ownership certificate for a condominium unit?
According to Article 49 of Decree No. 90/2006/NĐ-CP.
Full text
CIRCULAR
Regulations on certain contents regarding issuance of ownership certificates for housing and guidance on model purchase contracts for condominium units in real estate development projects carried out by organizations engaged in housing business
__________________
THE MINISTER OF CONSTRUCTION
Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding implementation of the Law on Housing;
Pursuant to Circular No. 05/2006/TT-BXD dated November 1, 2006 of the Ministry of Construction guiding implementation of certain contents of Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding implementation of the Law on Housing;
At the proposal of the Director of the Department of Housing and Real Estate Market Management,
CIRCULAR
Article 1. Responsibilities for processing issuance of ownership certificates for the Buyer and initial ownership certificate files when purchasing condominium units in real estate development projects
1. Organizations engaged in housing business (Seller) shall be responsible for processing procedures for competent state agencies to issue ownership certificates for the Buyer of condominium units.
2. The application file for issuance of ownership certificates for condominium units includes the basic file and individual unit files.
2.1. Within thirty days from the date the condominium building is accepted for use, organizations engaged in housing business (Seller) must complete and submit to the issuing authority the basic file of the condominium building. The basic file is prepared collectively for all condominium units and private ownership parts within the condominium building, including:
a) The following documents related to the real estate development project:
- A copy of the decision approving the project or investment decision or investment certificate;
- A copy of the decision approving the detailed planning at a scale of 1/500 of the project (if there is no copy of the decision approving this planning, then a copy of the agreement on the overall layout of the land with the condominium building must be provided);
- A copy of the certificate of land use rights;
- Decision on land allocation and certificates confirming payment of land use fees (except in cases where exemption or deferred payment of land use fees is allowed under the law);
c) Floor plans of housing and land:
Using the completed floor plan or architectural design floor plan consistent with the current status of the housing (without having to remeasure), including: the construction floor plan of the condominium building, the floor plan of the floor containing the condominium unit; if the floor plan of the floor does not clearly show the dimensions of the condominium unit, then the floor plan of that unit must be provided. This plan serves as the basis for the issuing authority to present the housing layout in the ownership certificate.
d) List of condominium units and private ownership parts requesting issuance of ownership certificates
2.2. Within thirty days from the completion of payment of the purchase price according to the purchase contract by the owners of condominium units and private ownership parts, organizations engaged in housing business (Seller) must complete and submit to the issuing authority the individual unit files, including the following documents:
a) Application form for issuance of new ownership certificates for housing according to the prescribed model in Appendix No. 1 of Circular No. 05/2006/TT-BXD dated November 1, 2006 of the Ministry of Construction, signed by the Buyer of the condominium unit and confirmed by the Seller;
b) Purchase contract for condominium units or private ownership parts signed by both parties; handover and settlement records of the purchase contract for condominium units or private ownership parts and receipts for financial obligations of the Buyer related to the issuance of ownership certificates. (In case the Buyer carries out the payment of financial obligations themselves, they should provide this receipt to the Seller to include in the application file for issuance of ownership certificates);
c) A copy of the confirmation document from the real estate trading floor about the transaction of the condominium unit through the trading floor according to the model attached as Appendix No. 4 to Circular No. 13/2008/TT-BXD dated May 21, 2008 of the Ministry of Construction guiding implementation of certain contents of Decree No. 153/2007/NĐ-CP dated October 15, 2007 of the Government detailing and guiding implementation of the Law on Real Estate Business.
3. In cases where the buyer of the condominium unit has paid the full purchase price before the preparation of the basic file as stipulated in Point 2.1 Clause 2 of this Article, the basic file and the application file for issuance of ownership certificates for individual units shall be prepared and submitted simultaneously to the issuing authority. The issuing authority shall be responsible for completing the issuance of ownership certificates for the owners of condominium units within thirty days from the date of receiving a complete and valid file.
4. The fee for issuance of initial ownership certificates for condominium units shall be implemented in accordance with Article 49 of Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government.
Article 2. Recording the area of apartment units in condominium ownership certificates
The area of apartment units in condominiums shall be recorded based on the floor area of the apartment unit, including the balcony and loggia areas (if any). The floor area shall be calculated according to the clear dimensions of the apartment unit or measured from the centerlines of the partition walls between apartments and the outer walls of the apartment (partition walls being the walls dividing two apartment units, and outer walls being the walls between the apartment and the corridor, passageways, and exterior of the apartment). The floor area of the apartment unit and the method of calculating this area must be clearly stated in the apartment purchase contract and the housing layout diagram as specified in point c, subpoint 2.1, clause 2, Article 1 of this Circular.
Article 3. Apartment Purchase Contracts
Apartment purchase contracts must ensure the following basic contents:
1. Regarding common ownership and individual ownership: The apartment purchase contract must fully specify the area belonging to the buyer's individual ownership and the area belonging to the common ownership of the condominium (including specific parts of common ownership within the condominium as stipulated in clause 3, Article 70 of the Housing Law such as corridors, common passageways, staircases, elevators, parking areas, and other common parts). In cases where the condominium has facilities or areas under the individual ownership of the developer or other owners, these must be clearly specified (for example, swimming pools, tennis courts, supermarkets, parking areas for business purposes, or other areas).
2. Regarding the Management Regulations for Condominium Usage: When signing the apartment purchase contract, the developer must attach the Management Regulations for Condominium Usage (this regulation is an inseparable part of the apartment purchase contract). The regulations must comply with the main provisions set forth in Article 9 of the Condominium Management and Usage Regulations issued together with Decision No. 08/2008/QĐ-BXD dated May 28, 2008, of the Minister of Construction.
3. Regarding the area of apartment units in condominiums: The purchase contract must clearly state the floor area of the apartment unit and the method of calculating the area of the apartment unit as prescribed in Article 2 of this Circular.
4. Regarding maintenance and operation costs for condominiums:
a) The apartment purchase contract must clearly state the selling price of the apartment unit which includes the maintenance cost for the common ownership portion of the condominium (2% of the sale price of the apartment unit) as stipulated in point a, clause 1, Article 54 of Decree 90/2006/NĐ-CP dated September 6, 2006, of the Government. In cases where the collected maintenance funds are insufficient, contributions will be solicited from the corresponding owners based on their individual ownership areas.
b) The apartment purchase contract must clearly specify the anticipated contribution fees for managing and operating the condominium, and the principles for adjusting these contribution fees. The contribution amount must not exceed the ceiling price set by the People's Committee of the province or centrally administered city where the condominium is located.
5. The model apartment purchase contract shall be implemented according to the Appendix attached to this Circular for application in the initial sale of apartment units in construction projects where the seller is a real estate business organization. For the sale of other individual ownership portions within the condominium, the principles outlined in this Article and the model contract specified in the Appendix of this Circular may also be applied.
Article 4. Organization of Implementation
1. The People's Committee of provinces and centrally administered cities shall be responsible for directing the Department of Construction and lower-level People's Committees to implement this Circular.
2. The Real Estate Management and Market Administration Bureau shall be responsible for assisting the Minister of Construction in guiding, inspecting, and urging localities to implement this Circular.
Article 5. Effective Date
1. This Circular shall take effect 45 days from the date of issuance. It abolishes the provisions in Circular 05/2006/TT-BXD dated November 1, 2006, of the Ministry of Construction regarding the issuance of ownership certificates for apartment units in condominiums that conflict with the provisions of this Circular.
2. During implementation, if there are any difficulties, localities are requested to send their opinions to the Ministry of Construction for amendment or supplementation within its authority or to submit them to the Prime Minister for consideration and decision./.
DEPUTY MINISTER
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