Decree No. 02/2022/ND-CP provides detailed guidance on implementing certain provisions of the Law on Real Estate Business.

Decree No. 10/2022/ND-CP provides detailed regulations and measures for implementing the Law on Real Estate Business 2014, effective from March 1, 2022. This Decree stipulates conditions for real estate business, establishment and signing of real estate business contracts, transfer of purchase and lease-purchase contracts for future residential properties, and transfer of the entire or part of a real estate project. It replaces Decree No. 76/2015/ND-CP.

文号02/2022/NĐ-CP
文件类型Decree
发布机关Ministry of Construction
签署人Lê Văn Thanh — Phó Thủ tướng Chính phủ
更新13/06/2026
领域Uncategorized
发布日期06/01/2022
生效日期01/03/2022
失效日期01/08/2024
状态Expired
✦ 智能摘要

Decree No. 10/2022/ND-CP provides detailed regulations and measures for implementing the Law on Real Estate Business 2014, effective from March 1, 2022. This Decree stipulates conditions for real estate business, establishment and signing of real estate business contracts, transfer of purchase and lease-purchase contracts for future residential properties, and transfer of the entire or part of a real estate project. It replaces Decree No. 76/2015/ND-CP.

适用范围

This applies to organizations and individuals engaged in real estate business and relevant state management agencies.

要点

  • Regulations on conditions for real estate business.
  • Guidelines for establishing and signing real estate business contracts.
  • Provisions on transferring purchase and lease-purchase contracts for future residential properties.
  • Provisions on transferring the entire or part of a real estate project.
  • Responsibilities of state management agencies in implementing and supervising the enforcement of this Decree.

🌐 本文件的社会影响

  • Enhance transparency and clarity in real estate business activities.
  • Prevention and handling of violations of laws on real estate business.
  • Ensuring consumer rights when participating in the real estate market.

❓ 常见问题

When does this Decree take effect?

Decree No. 10/2022/ND-CP takes effect from March 1, 2022.

Which entities must comply with this Decree?

All organizations and individuals engaged in real estate business and relevant state management agencies must comply with Decree No. 10/2022/ND-CP.

What legal document does this Decree replace?

Decree No. 10/2022/ND-CP replaces Decree No. 76/2015/ND-CP on detailed regulations for implementing certain provisions of the Law on Real Estate Business.

全文

DECREE

REGULATIONS ON THE DETAIL IMPLEMENTATION OF CERTAIN PROVISIONS OF THE REAL ESTATE BUSINESS LAW

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law on Real Estate Business dated November 25, 2014;

Pursuant to the Housing Law issued on November 25, 2014;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Construction;

The Government issues this Decree to provide detailed regulations on the implementation of certain provisions of the Real Estate Business Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain Articles and Clauses of the Real Estate Business Law, including contents regarding the conditions for organizations and individuals engaging in real estate business; types of model contracts for real estate business; transfer of lease-purchase house and ready-built construction project contracts; transfer of purchase-sale and lease-purchase contracts of future residential properties; and procedures for transferring all or part of a real estate project.

Article 2. Applicability

1. Organizations and individuals participating in real estate business in Vietnam.

2. Agencies, organizations, households, and individuals related to real estate business in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Real estate put into business includes various types of houses, construction works attached to land, and types of land permitted for transfer, leasing, or subleasing of land use rights as stipulated in Article 5 of the 2014 Real Estate Business Law (hereinafter referred to as the Real Estate Business Law).

2. A real estate project is an investment construction project established, reviewed, and approved according to the laws on construction. A real estate project includes: projects for constructing houses and construction works; projects for constructing infrastructure for transfer or leasing of land use rights, as prescribed by law.

3. A real estate business contract is a written agreement between enterprises or cooperatives that meet the conditions for real estate business as stipulated in Article 4 of this Decree with organizations, households, or individuals concerning the establishment, modification, termination of rights, obligations in activities of buying and selling, leasing, lease-purchasing of houses and construction works, transfer, leasing, subleasing of land use rights, and transfer of all or part of a real estate project, and is established according to the model prescribed in this Decree.

4. Full transfer of a real estate project is the act of the investor transferring the entire real estate project and all legitimate rights, obligations, and benefits of the investor and related parties (if any) concerning that project to the transferee through a written contract established in accordance with this Decree and approved by the competent state agency.

5. Partial transfer of a real estate project is the act of the investor transferring part of the real estate project permitted for business and all legitimate rights, obligations, and benefits of the investor and related parties (if any) concerning the transferred portion of the project to the transferee through a written contract established in accordance with this Decree and approved by the competent state agency.

6. Transfer of purchase-sale and lease-purchase contracts for houses and construction works is the act of the buyer or lease-purchaser transferring all rights, responsibilities, and obligations under the purchase-sale and lease-purchase contracts for houses and construction works to another organization or individual through a written contract transfer established in accordance with this Decree.

Chapter II

SOME SPECIFIC PROVISIONS

Section 1. CONDITIONS FOR REAL ESTATE BUSINESS

Article 4. Conditions for organizations and individuals engaged in real estate business

1. Organizations and individuals engaged in real estate business must meet the following conditions:

a) Must establish a business enterprise in accordance with the laws on enterprises or a cooperative in accordance with the laws on cooperatives, with real estate business as their business activity (hereinafter collectively referred to as enterprises);

b) Must publicly disclose on the enterprise's electronic information website, at the project management board office (for real estate business investment projects), and at the real estate trading floor (for cases of real estate business through real estate trading floors) information about the enterprise (including name, main office address, contact phone number, legal representative's name), information about real estate put into business as stipulated in Clause 2 of Article 6 of the Real Estate Business Law, information about mortgaged houses, construction works, and real estate projects put into business (if any), information about the quantity and type of real estate products being sold, transferred, or lease-purchased, and the quantity and type of remaining real estate products still being marketed;

For information already disclosed as stipulated herein, if there are changes thereafter, it must be updated promptly upon such changes;

c) Only engage in real estate business that meets the conditions as stipulated in Article 9 and Article 55 of the Real Estate Business Law.

2. In cases where investors are selected as project investors according to the law, such investors must have a minimum equity capital of not less than 20% of the total investment capital for projects using less than 20 hectares of land, and not less than 15% of the total investment capital for projects using 20 hectares or more of land. When conducting real estate business, the project investor must meet the conditions stipulated in Clause 1 of this Article.

The determination of equity capital as stipulated in this clause is based on the results of the most recent audited financial report or the independent audit report of the operating enterprise (conducted in the current year or the immediately preceding year); in the case of a newly established enterprise, the equity capital is determined based on the actual subscribed registered capital in accordance with the law.

Article 5. Organizations, households, individuals selling, transferring, leasing, or leasing with purchase option small-scale real estate not on a regular basis

Organizations, households, individuals selling, transferring, leasing, or leasing with purchase option real estate as prescribed in Clause 2, Article 10 of the Law on Real Estate Business are not required to meet the conditions stipulated in Article 4 of this Decree, including:

1. Agencies and organizations implementing the sale of houses, construction works, transfer of land use rights due to bankruptcy, dissolution, or division according to the provisions of the law.

2. Agencies and organizations implementing the sale, transfer, lease, or lease with purchase option of real estate that are state assets according to the provisions of the law.

3. Credit institutions, foreign bank branches, asset management companies of credit institutions (AMC), Vietnamese asset management companies of credit institutions (VAMC) implementing the sale of houses, construction works, transfer of land use rights, transfer of real estate projects being used as collateral to recover debts according to the provisions of the law.

4. Organizations, households, individuals selling houses, construction works, transferring land use rights pursuant to the decision of the Court or competent state agencies when resolving disputes, complaints, or denunciations.

5. Organizations, households, individuals selling, leasing, or leasing with purchase option houses, construction works under their lawful ownership, transferring or subleasing land use rights under their lawful use.

6. Organizations, households, individuals selling, leasing, leasing with purchase option, or transferring real estate they have invested in constructing but which is not a real estate development project for business purposes as prescribed by the law.

Section 2. CONTRACTS AND TRANSFER OF REAL ESTATE BUSINESS CONTRACTS

Article 6. Real estate business contracts

The sale, transfer, lease, lease with purchase option, sublease of real estate and transfer of real estate projects must be established in the form of a contract according to the model prescribed below:

1. The contract for the sale and lease with purchase option of condominium units as prescribed in Model No. 01 of the Appendix promulgated together with this Decree.

2. The contract for the sale and lease with purchase option of tourist condominiums, office condominiums combined with accommodation as prescribed in Model No. 02 of the Appendix promulgated together with this Decree.

3. The contract for the sale and lease with purchase option of individual houses as prescribed in Model No. 03 of the Appendix promulgated together with this Decree.

4. The contract for the sale and lease with purchase option of houses, construction works other than those specified in Clauses 1, 2, and 3 of this Article as prescribed in Model No. 04 of the Appendix promulgated together with this Decree.

5. The contract for renting houses, construction works as prescribed in Model No. 05 of the Appendix promulgated together with this Decree.

6. The contract for the transfer of land use rights as prescribed in Model No. 06 of the Appendix promulgated together with this Decree.

7. The contract for leasing or subleasing land use rights as prescribed in Model No. 07 of the Appendix promulgated together with this Decree.

8. The contract for the transfer of the entire (or part) real estate project as prescribed in Model No. 08 of the Appendix promulgated together with this Decree.

Article 7. Conditions for the transfer of sales and lease with purchase option contracts for future housing and the transfer of lease with purchase option contracts for existing houses and construction works

1. The transfer of sales and lease with purchase option contracts for future housing and the transfer of lease with purchase option contracts for existing houses and construction works does not apply to social housing sales and lease with purchase option contracts.

2. The transfer of sales and lease with purchase option contracts for houses and construction works must ensure the following conditions:

a) There is a sales and lease with purchase option contract established in accordance with Article 6 of this Decree; in cases where the parties have signed a contract before this Decree takes effect, there must be a signed contract.

b) It belongs to the category that has not submitted a dossier to the competent state agency for issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land (hereinafter referred to collectively as the Certificate).

c) The sales and lease with purchase option contract for houses and construction works must belong to the category without disputes or complaints.

d) Houses and construction works under the sales and lease with purchase option contract must not be subject to seizure or mortgage for guaranteeing the performance of obligations according to the law, except in cases where the mortgagee agrees.

3. The transfer of sales and lease with purchase option contracts for houses and construction works shall be carried out for the entire contract. In cases where multiple houses or construction works are sold or leased with purchase option in the same contract and the parties wish to transfer each house or construction work individually, the transferring party must negotiate with the developer to amend the sales and lease with purchase option contract for houses and construction works or sign an annex to the contract before transferring the contract in accordance with this Decree.

Article 8. Procedures for transferring purchase and sale contracts and lease-purchase contracts for future residential units and lease-purchase contracts for existing residential units and construction works

1. The procedures for transferring purchase and sale contracts for future residential units shall be carried out in accordance with the provisions of the Law on Housing.

2. The procedures for transferring lease-purchase contracts for future residential units and lease-purchase contracts for existing residential units and construction works shall be implemented as follows:

a) The transferor and transferee of the contract shall agree to establish a contract transfer document in accordance with Model No. 09 attached to this Decree.

The contract transfer document must be established in six copies (two copies retained by the project developer, one copy submitted to the tax authority, one copy submitted to the agency receiving the application for issuance of the Certificate of Title, one copy retained by the contract transferor, and one copy retained by the contract transferee); if notarization of the contract transfer document is required, an additional copy must be kept at the notary organization.

In cases where the contract transferor is a business entity engaged in real estate activities, notarization of the transfer is not mandatory unless the parties request it;

b) One of the parties shall submit an application for the notary organization to certify the contract transfer document. The application for notarization includes: original copies of the contract transfer document; original copies of the initial signed contract with the project developer; in cases where one or several residential units or construction works are transferred from the total number of leased units or works under the contract, the original contract or supplementary agreement reflecting the transferred residential units or construction works must be submitted; proof of payment made by the contract transferor to the project developer; original or certified true copy of the handover record of the residential unit or construction work (if applicable) and other documents as prescribed by the Notarization Law;

c) After completing the notarization process (except in cases where notarization is not required), the parties involved in the contract transfer shall be responsible for paying taxes, fees, and charges related to the contract transfer as prescribed by law;

d) Following the completion of the provisions set forth in point c of this clause, one of the parties shall submit an application to the project developer to confirm the contract transfer including: six original copies of the contract transfer document along with the original contract; in cases where one or several residential units or construction works are transferred from the total number of leased units or works under the contract, the original contract or supplementary agreement reflecting the transferred residential units or construction works must be submitted; proof of tax payment or exemption as prescribed by the Tax Law;

đ) Within five working days from the date of receipt of the documents stipulated in point d of this clause, the real estate project developer shall be responsible for reviewing and confirming the contract transfer document and shall not charge any fees. After confirming the contract transfer documents, the developer retains two original copies of the contract transfer document and returns four copies of the contract transfer document along with the received documents as stipulated in point d of this clause to the party that submitted them;

e) From the date the contract transfer document is confirmed by the developer, the transferee of the contract may continue to exercise the rights and obligations of the lessee under the signed contract and the contract transfer document;

g) For subsequent transfers of the contract starting from the second transfer, the procedures specified in this Article shall be followed, and the transferor must submit all previous transfer documents when processing the transfer;

h) The final transferee of the contract shall be entitled to have the Certificate of Title issued by the competent state authority in accordance with the Land Law;

3. In cases where a real estate business entity receives a contract transfer, within a maximum period of five days from the date of completion of the transfer receipt as stipulated in point đ of Clause 2 of this Article, such entity must send a notification regarding the receipt of the contract transfer (including the name, address of the real estate project, the name of the transferring business entity, the number of contracts, and the number of residential units and construction works under the transfer contract) to the central housing management agency for consolidation and monitoring.

Section 3. TRANSFER OF THE WHOLE OR PART OF A REAL ESTATE PROJECT

Article 9. Principles for transferring the whole or part of a real estate project

1. The transfer of the whole or part of a real estate project shall be carried out when all conditions stipulated in Article 49 of the Law on Real Estate Business are met and shall apply in cases where the project is being implemented according to the approved progress and content.

2. For real estate projects specified below, the transfer shall be conducted in accordance with the laws on investment:

a) Real estate projects where investors have been approved in accordance with the Investment Law 2020;

b) Real estate projects that have been issued an Investment Registration Certificate in accordance with the Investment Law 2020.

3. For real estate projects not falling under the provisions of Clause 2 of this Article, the transfer shall be conducted in accordance with the Law on Real Estate Business and this Decree.

Article 10. Documents for transferring the whole or part of a real estate project

1. The documents submitted by the investor requesting the transfer of the whole or part of a real estate project include:

a) A request for the transfer of the whole or part of a real estate project in the form prescribed in Form No. 10 of the Appendix promulgated together with this Decree;

b) A draft contract for the transfer of the whole or part of a real estate project as prescribed in Article 6 of this Decree;

c) Relevant documents (certified true copies and original documents for verification or certified copies when submitting the documents) regarding the real estate project to be transferred, including: decisions or approvals for investment proposals or permits for investment or approvals for investment from competent state agencies; decisions approving the project; detailed planning at a scale of 1/500 or overall site plans; documents proving the completion of land clearance for the project; documents proving the completion of construction of corresponding technical infrastructure works according to the schedule stated in the project (for the case of transferring the entire investment project for constructing infrastructure structures); Certificate of Approval for the project;

d) A report on the implementation process of the real estate project up to the time of transfer in the form prescribed in Form No. 12 of the Appendix promulgated together with this Decree.

2. The documents submitted by the transferee of the whole or part of a real estate project include:

a) A request to accept the transfer of the whole or part of a project in the form prescribed in Form No. 11 of the Appendix promulgated together with this Decree;

b) A business registration certificate or Investment Registration Certificate or documents proving the establishment of an organization (certified true copies and original documents for verification or certified copies when submitting the documents);

c) Financial capability proof documents; proof of sources of raised funds (if any) in accordance with the law to ensure continued implementation of the project in accordance with the approved schedule; for real estate businesses accepting the transfer, they must provide financial capability proof documents as stipulated in Clause 2 of Article 4 of this Decree.

Article 11. Procedures for transferring a real estate project in whole or in part shall be decided by the People's Committee of the province regarding investment decisions (investment policy decision, investment decision, investment approval document).

1. The project investor shall submit directly or send by post one set of documents prescribed in Article 10 of this Decree to the People's Committee of the province where the project is located or the provincial housing management agency (if authorized by the People's Committee of the province).

2. The agency responsible for leading the examination shall organize the examination opinions and conduct the examination of the transfer documents according to the provisions of Article 13 of this Decree; report to the People's Committee of the province for consideration and decision to allow the transfer; the model decision allowing the transfer shall be implemented according to Model No. 13 attached to this Decree. The time for soliciting examination opinions, conducting the examination, and deciding to allow the transfer shall not exceed 30 days from the date of receiving complete valid documents. In case the documents are incomplete, the investor must supplement them according to the regulations; the time for supplementing documents shall not be counted towards the processing time.

If the real estate project or part thereof does not meet the conditions for transfer, the agency receiving the documents must notify the project investor in writing of the specific reasons.

3. Within a maximum period of 30 days from the date of the decision allowing the transfer of the project or part thereof, the transferring party and the receiving party must complete the signing of the transfer contract according to the model prescribed at Model No. 08 attached to this Decree and complete the handover of the transferred project or part thereof. The project transfer contract, or part thereof, simultaneously serves as the land use right transfer contract for the transferred project or part thereof, except in cases of annual land lease payments.

4. After signing the transfer contract, the parties are responsible for paying taxes and fees as prescribed by law. The transferring party is responsible for handing over all project documents, or part thereof, to the receiving party, which must be documented in writing with signatures from both parties. The receiving party may continue to implement the project, or part thereof, immediately after fulfilling the tax and fee payment obligations and receiving the handover of the project, or part thereof.

At least 15 days before the handover procedures, the transferring party of the real estate project, or part thereof, must notify in writing all customers and related parties (if any) and publish at least three consecutive times in a local newspaper or on local television or national television about the project transfer or part thereof. In case customers or related parties have comments regarding their rights related to the transferred project or part thereof, the transferring party is responsible for resolving these issues according to the law before proceeding with the handover procedures.

After signing the transfer contract, for cases involving the transfer of projects or parts thereof tied to land use rights, the parties must complete the procedures for registering changes in land status according to the laws on land; in cases involving the transfer of projects or parts thereof tied to annual land lease payments, one of the parties must request the competent authority to reclaim the land for leasing according to the laws on land.

The People's Committee of the province is responsible for publicly announcing the decision allowing the transfer of the project or part thereof on the provincial People's Committee's electronic portal, the provincial housing management agency where the project is located, and sending this decision to the Ministry of Construction for consolidation and monitoring; the transferring party and the receiving party must publicly announce this decision on their corporate websites.

Article 12. Procedures for transferring all or part of a real estate project which has been decided on investment by the Prime Minister (investment decision, investment direction decision, investment approval document)

1. The investor of the real estate project shall submit directly or send by post one set of documents specified in Article 10 of this Decree to the People's Committee of the province where the project is located.

2. Within forty-five days from the date of receiving complete valid documents, the People's Committee of the province shall be responsible for soliciting the appraisal opinions of relevant ministries and sectors as stipulated in Article 13 of this Decree and submitting them to the Prime Minister for consideration and decision to permit transfer; in case the real estate project or part thereof does not meet the conditions for transfer, the People's Committee of the province must issue a notification document informing the project investor of the reasons.

3. After the decision permitting transfer by the Prime Minister, the parties concerned shall be responsible for implementing the provisions of Clauses 3, 4, 5, and 6 of Article 11 of this Decree.

4. The People's Committee of the province where the project or part of the project being transferred is located shall be responsible for implementing the provision of Clause 7 of Article 11 of this Decree.

Article 13. Soliciting Opinions and Appraising Transfer Documents of All or Part of a Real Estate Project

1. The leading appraisal agency specified in Articles 11 and 12 of this Decree shall be responsible for sending directly or by post one set of documents specified in Article 10 of this Decree to related agencies to solicit written opinions on the transfer of all or part of the real estate project as follows:

a) In cases of transferring all or part of a project regulated under Article 11 of this Decree, the agency entrusted with leading the appraisal must solicit opinions from local agencies related to the transferred project or part thereof; the time for sending documents and obtaining opinions from related agencies is fifteen days from the date of receiving complete valid documents;

b) In cases of transferring all or part of a project approved for transfer by the Prime Minister, the People's Committee of the province must solicit opinions from the Ministry of Construction and other relevant ministries and sectors related to the transferred project or part thereof; the time for sending documents and obtaining opinions from ministries and sectors is twenty-five days from the date of receiving complete valid documents;

c) In cases where the transferee is a foreign-invested enterprise and the transferred real estate project or part thereof is located in border, coastal, or island communes, townships, or towns, the leading appraisal agency must also solicit additional opinions from the Ministry of National Defense and the Ministry of Public Security regarding national defense and security assurance.

2. The contents of the appraisal of the application documents for transferring all or part of a real estate project include:

a) Compliance with business principles, real estate transfer principles, real estate project transfer principles, and prohibited acts as stipulated in Article 4, Article 8, and Article 48 of the Law on Real Estate Business and the provisions of this Decree;

b) Documents in the application for transfer as specified in Article 10 of this Decree;

c) Conditions of the transferred real estate project or part thereof as stipulated in Clause 1 of Article 49 of the Law on Real Estate Business; in cases where the transferor and transferee of the project are state-owned enterprises, additional conditions must be determined according to the laws on managing and using state capital invested in production and business at enterprises;

d) Conditions of the transferor and transferee as stipulated in Clauses 2 and 3 of Article 49 of the Law on Real Estate Business and the provisions of Article 4 of this Decree;

đ) Rights and obligations of the transferor and transferee as stipulated in Article 52 of the Law on Real Estate Business and legitimate rights and interests of related parties (if any);

3. Based on the opinions of related agencies as stipulated in Clause 1 of this Article regarding the appraisal contents specified in Clause 2 of this Article and the opinions of the Ministry of National Defense and the Ministry of Public Security (if any), the leading appraisal agency shall report to the competent authority for consideration and decision to permit the transfer of all or part of the project as stipulated in Article 11 or Article 12 of this Decree.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

1. Cases where contracts for real estate business have already been signed before this Decree takes effect shall not need to be re-signed according to the provisions of this Decree, except when the parties agree to sign again according to the provisions of this Decree.

2. In cases where the parties are in the process of signing purchase and sale contracts, lease-purchase contracts for houses or construction works but have not signed the contracts by the date this Decree takes effect, they must sign the contracts according to the provisions of this Decree.

3. In cases where the parties are in the process of transferring lease-purchase contracts for future housing or lease-purchase contracts for existing houses or construction works but have not completed the transfer procedures by the date this Decree takes effect, they may continue to implement the remaining procedures according to the provisions of this Decree.

4. In cases where the parties are in the process of transferring all or part of a real estate project but have obtained a decision permitting transfer from the competent authority by the date this Decree takes effect and have not signed the transfer contract, they must sign the contract according to the provisions of this Decree.

5. In cases where applications for transferring all or part of a real estate project have been submitted before the date this Decree takes effect but have not received a decision permitting transfer from the competent authority, the parties do not need to repeat previous procedures but must supplement any missing documents according to the provisions of this Decree (if any) to obtain the competent authority's examination and decision according to the provisions of this Decree.

6. Enterprises and cooperatives currently engaged in real estate business shall be responsible for supplementing all conditions stipulated in Article 4 of this Decree within six months from the date this Decree takes effect. If they fail to supplement the required conditions within the time limit prescribed in this Decree, they shall not be allowed to conduct real estate business as provided for in this Decree and relevant laws.

7. In cases where Vietnamese citizens have been issued a citizen identification card with chip and individual identification code in accordance with the Law on Citizen Identification Cards, and if the national population database, investment registration database, enterprise registration database are connected and operational, such databases may be used instead of related personal documents (household registration book, identity cards, passports, and other personal certification documents) when handling procedures related to real estate business and housing in accordance with the laws on real estate business and housing.

Article 15. Responsibility for Implementation

1. Responsibilities of the Ministry of Construction:

a) Guide, monitor, and urge the implementation of the provisions of the Law on Real Estate Business and this Decree;

b) Participate in reviewing opinions on the transfer of the entire or part of a real estate project in accordance with this Decree and relevant laws;

c) Take the lead and coordinate with relevant agencies to study and issue regulations on real estate business within their authority, or submit to competent authorities for issuance of such regulations;

d) Take the lead or coordinate with relevant agencies to inspect, examine, and handle violations in the field of real estate business in accordance with the law;

đ) Perform other tasks as prescribed in the Law on Real Estate Business, this Decree, or assigned by the Government or the Prime Minister;

2. Ministries and sectors related shall be responsible for guiding, urging, and implementing the provisions of the Law on Real Estate Business and this Decree within their assigned functions and tasks;

3. People's Committees of provinces and centrally governed cities shall be responsible for:

a) Organizing and directing the implementation of the provisions of the Law on Real Estate Business and this Decree at the local level; directing local housing management agencies and relevant local agencies to inspect the signing of real estate business contracts in accordance with this Decree;

b) Deciding to permit the transfer of the entire or part of a real estate project in accordance with this Decree; taking the lead in reviewing and submitting applications for the transfer of the entire or part of a real estate project under the Prime Minister's approval authority;

c) Organizing or directing the inspection, examination, and handling of violations in the field of real estate business within their authority and in accordance with the law;

d) Reporting to the Ministry of Construction on the situation of real estate business and the real estate market in their jurisdiction every six months or upon urgent request for the Ministry of Construction to compile and report to the Government and the Prime Minister;

đ) Performing other tasks as prescribed in the Law on Real Estate Business, this Decree, or assigned by the Government or the Prime Minister;

Article 16. Effective Date

1. This Decree shall take effect from March 1, 2022.

2. This Decree replaces Decree No. 76/2015/NĐ-CP dated September 10, 2015 of the Government detailing certain provisions of the Law on Real Estate Business.

3. From the date this Decree takes effect, the provisions regarding the conditions for organizations and individuals engaging in real estate business, the establishment and signing of real estate business contracts, the transfer of purchase and sale, lease-purchase contracts for future residential units, lease-purchase of existing buildings, and the transfer of the entire or part of a real estate project stipulated in previous Government Decrees, Prime Minister's Decisions, and regulatory documents issued by ministries, sectors, and provincial People's Committees before the effective date of this Decree, which fall within the scope of regulation of this Decree, shall be implemented in accordance with this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of centrally governed city People's Committees shall be responsible for enforcing this Decree.

 

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76/2015/QH13 Luật Tổ chức Chính phủ số 76/2015/QH13 已失效 47/2019/QH14 Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Chính phủ và Luật Tổ chức chính quyền địa phương số 47/2019/QH14 已失效 65/2014/QH13 Luật Nhà ở số 65/2014/QH13 已失效 77/2015/QH13 Luật Tổ chức chính quyền địa phương số 77/2015/QH13 已失效 61/2020/QH14 Luật đầu tư số 61/2020/QH14 已失效 66/2014/QH13 Luật Kinh doanh bất động sản số 66/2014/QH13 已失效 45/2013/QH13 Nghị quyết số 45/2013/QH13 Điều chỉnh Chương trình xây dựng luật, pháp lệnh nhiệm kỳ Quốc hội khóa XIII, năm 2013 và Chương trình xây dựng luật, pháp lệnh năm 2014 生效中 21/2022/QĐ-UBND Quyết định số 21/2022/QĐ-UBND Ban hành Quy định về đấu giá quyền sử dụng đất khi nhà nước giao đất có thu tiền sử dụng đất hoặc cho thuê đất trên địa bàn tỉnh Bình Phước 已失效 22/2025/QĐ-UBND Quyết định số 22/2025/QĐ-UBND Ban hành Quy định quản lý chất thải rắn xây dựng, bùn thải từ bể phốt, hầm cầu và bùn thải từ hệ thống thoát nước trên địa bàn tỉnh Hà Tĩnh 生效中 22/2023/QĐ-UBND Quyết định số 22/2023/QĐ-UBND Ban hành quy định đấu giá quyền sử dụng đất để giao đất có thu tiền sử dụng đất hoặc cho thuê đất trên địa bàn tỉnh Thanh Hoá 已失效 39/2022/QĐ-UBND Quyết định số 39/2022/QĐ-UBND Quy định khung giá bán, giá cho thuê, giá cho thuê mua nhà ở xã hội do hộ gia đình, cá nhân đầu tư xây dựng trên địa bàn tỉnh Tây Ninh 已失效 32/2022/QĐ-UBND Quyết định số 32/2022/QĐ-UBND Quy định một số nội dung về quản lý dự án đầu tư kinh doanh có sử dụng đất của thành phố Hà Nội. 生效中 40/2022/QĐ-UBND Quyết định số 40/2022/QĐ-UBND Bãi bỏ Quyết định số 11/2017/QĐ-UBND ngày 08/3/2017 của Ủy ban nhân dân tỉnh Lào Cai ban hành Quy định một số nội dung về quản lý nhà ở trên địa bàn tỉnh Lào Cai. 生效中
02/2022/NĐ-CP
Decree No. 02/2022/ND-CP provides detailed guidance on implementing certain provisions of the Law on Real Estate Business.
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