Mr. Vu Nhu Bach (in Ho Chi Minh City) would like to ask competent authorities to answer some contents regarding buying, selling, granting certificates of the right to use the type of office, commercial floor under the high-rise apartment complex project.

Mr. Bach plans to buy a future office block under a high-rise apartment complex project. In the process of learning about the certification of the office area in the apartment building, he received various information such as, the certificate for the office area or commercial floor will only be issued to the owner prior investment and the investor has the right to assign to the buyer.

Also, the information that the investor can enter into a future purchase agreement with the buyer and when eligible to issue a book, the investor makes a book for the buyer with the same procedure as for the apartment.

In addition, Mr. Bach is also advised by the investor that products in the project such as commercial floors, offices that are part of future constructions allowed to be put into business under the current Real Estate Business Law, so the buyer can sign a sales contract and make a book like the apartment including the transfer of sales contracts, or guarantees ...

Facing to the various information as mentioned above, Mr. Bach would like to ask the authorities to answer, is the certification for the office or commercial area the same as the issuance of a certification for apartments? The buyer only needs to sign an office purchase agreement formed in the future so that when the project is eligible, he/she is granted a book. Is it correct?

Are regulations on the sale and purchase of office and commercial areas the same as apartments? Do they need a guarantee, a registered model contract, a notice from the Department of Construction about eligibility for sale?

The Ministry of Construction answers this issue as follows:

Regarding future real estate purchase and sale, in Clause 1, Article 54 of the Real Estate Trading Law: “ A real estate investor is entitled to sell, lease or lease purchase off-the-plan buildings.”.

In Clause 1, Article 55 stipulates requirements in terms of off-the-plan real estate to be put on the market: “There are documents on land, project documents or construction drawing approved by competent agencies, License for construction if it is required, documents on certification of completion of technical infrastructure in equivalent to project progress; or it is required to gain the certification of completion of the foundation of the building regarding off-the-plan apartment buildings or mix-used buildings”.

As such, real estate project investors have the right to sell, lease, lease-purchase real estate formed in the future (including offices, commercial floors) if the investors are sold according to their owners' decisions. investment project approved by a competent state agency and must meet the conditions prescribed in Clause 1, Article 55 of the Real Estate Trading Law.

And the provisions of the Real Estate Business Law require the investor to notify the housing authority of the province and the guarantee in real estate sale, lease purchase in the future

(The provisions of Clause 2, Article 55 and Article 56) only apply to future sale, lease purchase of houses..

Regarding the granting of certificates of land use rights and ownership of houses and other land-attached assets to these types of real estate:

According to Clause 3, Article 19 of the Real Estate Trading Law: “ The buyer of buildings, apartments, area in apartment buildings or mix-used buildings shall be granted Certificate of land, ownership of land and property on land”.

The grant of certificates of land use rights, ownership of houses and other land-attached assets for real estate in general and office and commercial real estate in particular must comply with the provisions of Land law.

Therefore, if he need detailed instructions on issuing the Certificate, he should contact the Ministry of Natural Resources and Environment for guidance under the authority.