Order, procedures and competence for granting house ownership and residential land use right certificates

Chủ nhật, 07/06/2009 00:00
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Article 9 of Decree No.51/2009/ND-CP dated June 3, 2009 :

1. An applicant for a house ownership and residential land use right certificate shall submit a valid dossier (comprising all papers specified in Article 8 of this Decree) to the provincial-level Construction Service of the locality where the apartment exists. The dossier recipient shall issue a dossier receipt, indicating the date, hour and place for notifying dossier-processing results. If the dossier is incomplete, the dossier recipient shall immediately provide detailed guidance to the applicant to supplement the dossier. If the dossier is invalid, the provincial-level Construction Service shall return it and notify in writing the applicant of the reason.

2. After receiving the dossier, the provincial-level Construction Service shall fill in the house ownership and residential land use right certificate under the housing law and submit the certificate to the provincial-level People’s Committee for signing.

The provincial-level People’s Committee may grant house ownership and residential land use right certificates made according to the form attached to Decree No. 90/2006/ND-CP dated September 6, 2006, detailing and guiding the Housing Law (below referred to as Decree No. 90/2006/ND-CP), to foreign organizations and individuals eligible to own houses under this Decree.

3. After signing the house ownership and residential land use right certificate, the provincial-level people's Committee shall return certificate to the provincial-level Construction Service for hand-over to the house owner. The person coming to receive the certificate shall produce the dossier receipt, pay the fee for the grant of the certificate and sign in house ownership registration book. If authorizing another person to come to receive the certificate, a written authorization prescribed by Vietnamese law is required. The certificate grant fee in the same as that payable by Vietnamese citizens in the country.

4. For foreigners, within 2 working days after receiving a certificate from the provincial-level People's Committee, the provincial-level Construction Service shall send to the Ministry of construction a written notice (made according to forms provided in Appendices in Appendices III and IV to this Decree, not printed herein) of information on the full name, number, place and date of issue of passport, and nationality of the house purchaser, address of the apartment, number and date of issue of the certificate, for uploading that information onto the Ministry's website.

A foreigner who is owning a house in Vietnam as notified on the Construction Ministry’s website may not own other houses nationwide.

5. The time limit for the grant of a house ownership and residential land use right certificate under this Article is 30 days from the date of receipt of a complete and valid dossier, excluding the duration for supplementation of papers (if any).

6. In case the granted house ownership and residential land use right certificate is damaged, torn or lost, the house owner may have it renewed or re-granted. Provincial-level Construction Services shall renew or re-grant house ownership and residential land use right certificates according to the procedures specified in Article 47 of Decree No. 90/2006/ND-CP.

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