Currently, the Ministry of Public Security is seeking comments on the Draft Decree regulating a number of articles of the Law on Residence. It can be seen that this draft has supplemented and revised information on residence, temporary and permanent registration, etc.
Among them, there has also been a proposal to use the contract for purchasing future housing as a document that can prove legal residence in order to register for permanent residence.
Can use future housing purchase contract to register permanent residence?
According to the provisions of Article 5 of the Draft Decree stipulating a number of articles of the Law on Residence. Thereby, when registering for permanent residence, citizens need to prove their legal residence to register with one of the following types of papers and documents: papers and documents certifying land use rights, house ownership rights or assets attached to land issued by competent authorities; Construction permits according to the provisions of the law on construction; Contracts for purchase and sale of state-owned houses or documents on liquidation prices of state-owned houses... Most of the necessary papers for permanent residence registration remain the same as before.
Currently, at Point d, Clause 1, Article 5 of Decree 62/2021/ND-CP, when registering for residence, citizens need to prove their legal residence with one of the following documents: Housing purchase contract or documents proving the handover of the house, receipt of the house from the enterprise with the function of trading in housing investment and construction for sale.
In particular, the Ministry of Public Security proposed to add many types of citizen documents that can be used when registering for permanent residence: contracts to buy future housing; papers and documents proving land use rights, ownership of houses or assets attached to land issued by competent authorities that are mortgaged to banks; handwritten sales documents, commitments on no disputes.
In addition, the draft also proposed that in order to register permanent residence in a rented house or a temporary residence, the documents proving the legality of renting, lending, or temporary residence must be notarized or certified. Because current regulations only require the tenant or temporary resident to prove legal residence with a rental contract or temporary residence document without notarization or certification.
What is a future housing purchase contract?
According to the Housing Law 2023, future housing is housing that is in the process of investment and construction or has not been accepted for use according to the provisions of the law on construction.
A property sale and purchase contract as stipulated in the 2015 Civil Code is an agreement between the parties, whereby the seller transfers ownership of the property to the buyer and the buyer pays the seller.
Therefore, it can be understood that the contract for sale of future housing is a written agreement between the parties on the sale of future housing. In addition, the seller is obliged to hand over the house and land use rights to the buyer upon completion of construction and the buyer is obliged to pay the seller for the house. The content of the sale, the time of money transfer and other legal responsibilities are agreed upon by the two parties in accordance with the provisions of law.
Conditions of future housing put into business
Article 24 of the Law on Real Estate Business 2023 (effective from January 1, 2025) specifically stipulates the conditions for future housing to be put into business as follows:
Housing and construction works have been started in accordance with the provisions of law on construction.
Have one of the following types of documents on land use rights: Land allocation decision; Land lease decision and contract on land use right lease according to the provisions of the law on land; Decision allowing change of land use purpose; Land use right certificate; Certificate of house ownership rights and land use rights; Certificate of land use rights, house ownership rights and other assets attached to land; Other certificates of land use rights, ownership rights of assets attached to land according to the provisions of the law on land.
There are the following types of documents: Construction permit for houses, construction works and application for construction permit in cases where a construction permit is required according to the provisions of the law on construction; Notice of commencement of construction of houses, construction works and design documents for houses, construction works in cases where a construction permit is not required according to the provisions of the law on construction; Documents on acceptance of the completion of construction of technical infrastructure in accordance with the provisions of the law on construction corresponding to the project progress; in the case of apartment buildings, mixed-use buildings with houses, there must be documents proving the acceptance of the completion of foundation construction in accordance with the provisions of the law on construction.
Before selling or leasing future housing, the project investor must notify in writing the provincial-level state management agency for real estate business that the housing is eligible for sale or leasing.
Within 15 days from the date of receipt of the notice, the provincial-level state management agency for real estate business shall be responsible for checking the conditions of the housing put into business and responding in writing to the investor regarding the housing that is eligible for sale or lease-purchase; in case of ineligibility, the reason must be clearly stated.
Housing and construction works must be part of a real estate project approved by a competent state agency in accordance with the provisions of law and the approved project content must include the purpose of investing in the construction of housing and construction works for sale or hire purchase.
Satisfy the conditions specified in points b, c, d, dd, clause 1, point a and point c, clause 2, Article 14 of the Law on Real Estate Business 2023.
Information on real estate and real estate projects put into business has been made public according to the provisions of Article 6 of the Law on Real Estate Business 2023.
The floor area of a future construction project put into business, in addition to meeting the above conditions, must also ensure the conditions specified in Clause 3, Article 14 of the 2023 Law on Real Estate Business.
Wisdom
Source: https://www.nguoiduatin.vn/duoc-dang-ky-thuong-tru-bang-hop-dong-mua-nha-o-trong-tuong-lai-a662804.html
Comment (0)