According to the Law on Real Estate Business, an investor has the right to transfer part or the whole of a real estate project to another investor. The transfer helps the investor to be proactive in the business process, in line with the current capabilities of his organization, and at the same time creates favorable conditions for the investor to receive the transfer when he wants to participate in the real estate market. produce. In the following article, DHPLAW would like to send to readers and customers the conditions and procedures for transferring real estate business projects.
1. Conditions for real estate project transfer a.
a. Requirements for the transfer of real estate projects
The transfer must meet the following requirements:
- Does not change the goal of the project;
- Do not change the content of the project;
- Ensuring the interests of customers and related parties.
b. Legal conditions for the transfer of real estate projects
- The transferor has obtained a certificate of land use right for the whole or part of the transferred project.
- The investor receiving the transfer must be a real estate business enterprise, have sufficient financial capacity and commit to continue the implementation of the project investment, ensuring the progress and content of the project.
- The project has been approved by a competent authority, has an approved 1/500 detailed plan, and an approved master plan;
- The project has completed the compensation and site clearance. In case of transferring the entire infrastructure construction investment project, the corresponding technical infrastructure works must be completed according to the schedule stated in the approved project;
- The project has no dispute, is not distrained to ensure judgment enforcement or to comply with administrative decisions of competent state agencies;
- There is no decision on project or land acquisition by a competent state agency; In case there is a violation during the project implementation, the investor must complete the sanctioning decision.
2. Authority to permit transfer.
The state agency competent to grant investment licenses to the project is concurrently the agency competent to authorize the transfer of that project.
3. Real estate project transfer procedures and processes
a. File
Pursuant to Article 12 of Decree 76/2015/ND-CP, the transfer dossier includes:
An application form for permission to transfer all or part of the project by the transferor, made according to Forms 08a and 08b specified in the Appendix issued together with Decree 76/2015/ND-CP.
The project dossier, the part of the project proposed for transfer includes:
+ Investment permit document or investment approval document issued by a competent state agency (certified copy);
+ Decision approving the project, detailed planning 1/500 or master plan (certified copy);
+ Certificate of land use right of the whole or part of the project proposed for transfer (certified copy).
+ Report on the project implementation process of the transferring investor up to the time of transfer using Forms No. 09a and 09b specified in the Appendix issued together with Decree 76/2015/ND-CP.
The transferee’s dossier includes:
+ An application for assignment of a project or part of a project, made according to Forms No. 10a and 10b specified in the Appendix to this Decree;
+ Business registration certificate with real estate business or Certificate of enterprise registration with charter capital meeting the requirements specified in Article 3 of Decree 76/2015/ND-CP (copy with authentication), except where the foreign investor has not yet established an economic organization in accordance with the law on investment;
+ Documents proving that they have capital under their ownership to implement the project in accordance with the law on investment and land.
b. Submit
The investor shall send a dossier of request for transfer of the whole or part of the project to the agency competent to grant investment and construction permits for that project.
c. Receipt and processing of documents
- If the dossier is valid, the competent agency is responsible for signing and promulgating the decision permit the transfer, in case the conditions for permitting the transfer are not satisfied, the competent authority must notify in writing the transferor clearly the reasons therefor.
- Processing time: 30 days.
- In case the investment is decided by the Prime Minister, within 45 days from the day on which the complete and valid dossier is received, the People’s Committee of the province is responsible for collecting opinions from the specialized management ministry and the Ministry of Construction to report the project. report to the Prime Minister for decision.
d. Procedures after the decision to transfer
- Within 30 days from the date of issuance of a decision permitting the transfer of a project or part of a project by a competent state agency, the parties must complete the signing of the transfer contract and complete the project handover. or project section.
- The investor receiving the transfer is responsible for continuing to implement the project or part of the project immediately after receiving the handover. The transferor investor is responsible for handing over to the transferee the entire project dossier or a part of the project, with a handover record enclosed with the list of documents.
Before carrying out the handover procedures, the transferor must notify in writing all customers and make a notice on the mass media 15 days in advance (at least 03 consecutive issues of a newspaper issued local or a local or central television station and the website of the focal agency on the transfer of a project or part of a project, the interests of customers and related parties.
For support and advice on the best way to transfer real estate projects, please contact us with the following information:
DHP LAW FIRM
Address: L4-09.OT06 Landmark 4 Building, Vinhomes Central Park, 720A Dien Bien Phu, Ward 22, Binh Thanh District, Ho Chi Minh City.
Email: lawyer_duchung@yahoo.com
Website: www.dhplaw.vn
Phone: 0986.938.627 VND
