In accordance with the Decree No. 99/2015/ND-CP dated October 20, 2015 of the Government detailing and guiding the implementation of a number of articles of the Housing Law, prohibiting to conduct the businesses or trading in condominiums’ business areas such as trading in inflammable or explosive materials and businesses dangerous to the life or property of condominium users as prescribed by the law on fire prevention and fighting; dance hall business; repair of motor vehicles; cattle slaughtering; or other polluting services. Restaurants, karaoke parlors or bars must have soundproof walls and emergency exits, and must comply with requirements on fire and explosion prevention and fighting and satisfy other business conditions prescribed by law.
If currently doing business at a condominium apartment as written in the business registration paper issued by a competent agency before July 01, 2015, the organization, household or individual possessing this business registration paper shall move business activities to another place other than a condominium apartment within 6 months after December 10, 2015. The agency competent to grant the business registration paper shall carry out procedures to change the business place written in the granted business registration paper within the time limit. Past the time limit, the organization, household or individual may not do business at the condominium apartment.
The purchaser of a commercial house (including households and individuals purchasing commercial houses for use as houses for resettlement) that has received the house from the project owner but has not submitted a certificate application dossier to a competent agency may transfer the house purchase and sale contract under the Ministry of Construction’s guidance.
Also in accordance with this Decree, before signing a contract on house sale, lease-purchase or donation, the project owner or donor shall check information on the website of the provincial-level Construction Department or request the provincial-level Construction Department to provide information in order to determine the allowable number of houses for sale, lease-purchase and donation. The provincial-level Construction Department shall provide information in the day. The owner of a house construction project may only sell or lease-purchase houses or the donor may only donate houses to foreign organizations and individuals. Foreign organizations and individuals may own no more than 30% of the total number of apartments of a condominium. In an area with a population equivalent to a ward-level administrative unit where there are various condominiums for sale or lease-purchase, foreign organizations and individuals may own no more than 30% of the number of apartments of each condominium and of the aggregate number of apartments of all condominiums in the area. In an area with a population equivalent to a ward-level administrative unit where there are investment projects to construct commercial houses, including individual houses, for sale or lease-purchase. In case in the area there is only one project with under 2,500 individual houses, foreign organizations and individuals may own no more than 10% of the total number of houses of that project; In case in the area there is only one project with 2,500 individual houses, foreign organizations and individuals may own no more than 250 houses and in case in the area there are two or more projects with an aggregate number of 2,500 individual houses at most, foreign organizations and individuals may own no more than 10% of the number of houses of each project…
This Decree takes effect on December 10, 2015.
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