Continuing the 6th Session, on the morning of October 31, the National Assembly (NA) discussed in the hall a number of contents with different opinions of the draft Law on Real Estate Business (amended).
Chairman of the National Assembly's Economic Committee Vu Hong Thanh presented the report.
Summarizing a number of major issues on receiving, explaining, and revising the draft law, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that regarding the conditions for future housing and construction works to be put into business (Article 24), the National Assembly Standing Committee (NASC) received and revised: The business of housing and construction works available in real estate projects must have a certificate of land use rights for the land area built with housing and construction works put into business.
The business of housing and construction works formed in the future does not require a Certificate of Land Use Rights, but it is mandatory to fulfill financial obligations regarding land for the land area attached to the housing and construction works put into business.
Regarding payment in the purchase and hire-purchase of future housing and construction works (Article 25), some opinions agree that the buyer and hire-purchaser must pay 5% of the contract value into a blocked bank account. Some opinions agree to keep it as the current regulations.
Based on the opinions of the Government, National Assembly deputies at the 5th Session, National Assembly delegations, National Assembly agencies, and the National Assembly Standing Committee proposes 2 options:
Option 1: "If the buyer or the lessee has not been granted a certificate of land use rights, house ownership rights and other assets attached to the land, the seller or the lessor may not collect more than 95% of the contract value; the remaining value of the contract shall be paid when the competent state agency has granted the certificate of land use rights, house ownership rights and other assets attached to the land to the buyer or lessee".
This option was chosen by 13/40 opinions of National Assembly delegations and National Assembly agencies.
Option 2: "If the buyer or lessee has not been granted a certificate of land use rights, house ownership rights and other assets attached to the land, the seller or lessor may not collect more than 95% of the contract value. The remaining value of the contract shall be transferred by the customer to the investor's account opened at a credit institution for management and the investor may not use this amount; the form of management, costs and profits arising from this amount shall be agreed upon by the investor and the bank. The investor may only use this amount together with profits (if any) when the competent state agency has granted a certificate of land use rights, house ownership rights and other assets attached to the land to the buyer or lessee of the house or construction work".
This option was chosen by the Government and 11/40 opinions of National Assembly delegations and National Assembly agencies.
According to current regulations, in Article 57 of the 2014 Law on Real Estate Business, payment in the purchase and sale, lease-purchase of future real estate is made in multiple installments, the first installment must not exceed 30% of the contract value, the subsequent installments must be consistent with the progress of real estate construction but the total must not exceed 70% of the contract value when the house or construction work has not been handed over to the customer.
In case the buyer or the lessee has not been granted a certificate of land use rights, house ownership rights and other assets attached to the land, the seller or the lessor shall not collect more than 95% of the contract value; the remaining value of the contract shall be paid when the competent state agency has granted the certificate of land use rights, house ownership rights and other assets attached to the land to the buyer or lessee.
Regarding the conditions for transferring the entire or part of a real estate project (Article 39), the transferring investor must fulfill the financial obligations regarding the project's land, including land use fees, land rent; taxes, fees, and charges related to land (if any) with the State for the transferred project or part of the project.
Source: https://nld.com.vn/thoi-su/quy-dinh-ve-dieu-kien-chuyen-nhuong-du-an-bat-dong-san-20231031092118339.htm
Comment (0)