Conditions for transferring land use rights in investment projects to build and sell housing for sale or for combined sale and lease

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Conditions for transferring land use rights in investment projects to build and trade housing for sale or for combined sale and lease are specified in Clause 17, Article 1 of Decree 148/2020/ND-CP .


Conditions for investment projects to build and trade housing for sale or for sale combined with lease to transfer land use rights in the form of subdivision and sale of plots include:

– The project investor must complete the investment in infrastructure construction including service works, technical infrastructure works, and social infrastructure according to the approved 1/500 detailed construction planning. ; ensure connection with the area’s common infrastructure system before transferring land use rights for people to build their own houses; ensure the provision of essential services including electricity supply, water supply, drainage, and waste collection;

– The investor must fulfill financial obligations related to the project’s land including land use fees and land rent; taxes, fees and charges related to land (if any);

– Projects in urban areas and types are allowed to transfer land use rights in the form of subdivision and sale of land according to regulations. Investors of housing construction and business projects for sale or for sale combined with rental may transfer land use rights in the form of subdivision and sale of plots in areas not within the wards of class urban areas. special and class I urban areas directly under the Central Government; Areas with high requirements for landscape architecture, central areas and around buildings that are architectural highlights in urban areas; frontages of roads at regional level or higher and main landscape routes in urban areas.

– Other conditions as prescribed by law on urban planning, construction, urban development, real estate and housing business.

Provincial People’s Committees are responsible for organizing public announcement of areas where housing construction and business projects for sale or for sale combined with rental are allowed to transfer land use rights in the form of subdivision. , sell the land before organizing the implementation of investment projects.

Households and individuals who receive land use rights transfer to build their own housing must build housing in accordance with the construction permit, comply with the approved detailed planning and urban design.

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