Thông tư 21/2016/TT-BXD

CIRCULAR

GUILDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 101/2015/ND-CP DATED OCTOBER 20, 2015 ON RENOVATION AND RE-CONSTRUCTION OF APARTMENT BUILDINGS

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 defining the functions, tasks, powers and organizational structure of Ministry of Construction;

At the request of Director General of Management Agency for Housing and Real Estate Market;

Minister of Construction promulgates this Circular to provide for guidelines on the implementation of a number of articles of the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular is to guide the implementation of a number of contents about the application for participation in projects on renovation/re-construction of apartment buildings; contents and forms of relocation accommodation contracts as referred to in the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings (hereinafter referred to as the Decree No. 101/2015/ND-CP).

2. The risk assessment on apartment building structure and procedures for quality inspection of apartment buildings shall be conducted in accordance with regulations and laws on quality management of construction works and procedures adopted by Ministry of Construction.

Article 2. Regulated entities

This Circular applies to organizations, households, individuals and regulatory authorities in charge of renovation and reconstruction of apartment buildings as referred to in the Decree No. 101/2015/ND-CP.

Chapter II

APPLICATION FOR REGISTRATION AS THE INVESTOR OF APARTMENT BUILDING RENNOVATION/RE-CONSTRUCTION; CONTENTS AND FORM OF RELOCATION ACCOMMODATION CONTRACT

Article 3. Preparation of the application for registration as the investor of an apartment building renovation/re-construction

1. The preparation of the application for registration as the investor of apartment building renovation/re-construction project is required in cases where the selection of the investor of apartment building renovation/re-construction project is applied as referred to in Clause 1 Article 9 of Decree No. 101/2015/ND-CP.

2. If a real estate enterprise (hereinafter referred to as the enterprise) that is qualified and capable of acting as project investor as referred to in the house law and the law on real estate trading wants to act as the investor of an apartment building renovation/re-construction project, it must prepare the application for registration as the project investment as referred to in Article 4 of this Circular in order to take opinions from owners of that apartment building.

3. The entity that wants to act as the project investor must show his/her application for registration as the project investor at the apartment building meeting as referred to in Clause 1 Article 9 of Decree No. 101/2015/ND-CP.

Article 4. Application for registration as the investor of an apartment building renovation/re-construction project  

1. The application form for registration as the investor of an apartment building renovation/re-construction project, including information about the investor (enterprise's name, legal representative, main office and telephone number), about the relevant project (project’s name, address, total estimated investment) and the enterprise’s proposals relating to the project. The applicant may refer to the application form stated in Annex No. 01 herein.

2. Documents proving competence, experience and financial capacity of the enterprise, including documents proving the eligibility to conduct real estate trading and legal capital as referred to by the law on real estate trading, those proving owners’ equity as referred to by the law on land, experience and capacity profiles of the enterprise.

3. The plan for project execution, including contents about preliminary design plan and master planning, basic planning criteria such as land use ratio, average height of the work and total apartments, technical infrastructures and social infrastructures, plan for compensation, relocation and assistance, capital mobilization and financial solutions for executing the project, estimated progress of project execution and relevant proposals.

Article 5. Principles for relocation accommodation

1. The relocation accommodation must be conducted through contracts as referred to in Article 6 of this Circular.

2. The conclusion of relocation accommodation contract is made on the basis of the plan for compensation, relocation and assistance which has been approved by people’s committee of province.

Article 6. Conclusion of relocation accommodation contracts

1. If the occupier of demolished apartment building does not require settling in at the old site, the conclusion of contracts for lease, lease purchase or purchase of relocation housing shall be conducted in compliance with the following regulations:  

a) Regulations of the Government's Decree No. 99/2015/ND-CP dated October 20, 2015 on detailing and guiding the implementation of a number of the Law on Housing (hereinafter referred to as the Decree No. 99/2015/ND-CP) and Ministry of Construction’s Circular which details and guides the implementation of a number of contents of the Decree No. 99/2015/ND-CP shall apply to the leasing out, lease purchase or purchase of existing housing;

b) With regard to off-the-plan housing, regulations of the Government's Decree No. 76/2015/ND-CP dated September 10, 2015 on detailing and guiding the implementation of a number of the Law on real estate trading (hereinafter referred to as the Decree No. 76/2015/ND-CP) shall apply.

2. If the occupier of demolished apartment building has a demand to settle in at the old site, the conclusion of contracts for lease, lease purchase or purchase of relocation housing shall be conducted in compliance with the following regulations:

a) The occupier of demolished apartment building who receives compensation by housing and is accommodated at the old site must enter into a contract with the investor or the entity in charge of arranging relocation housing. The involved parties may refer to the form of the contract for purchase of relocation housing in Annex No. 02 herein. The form of the contract for lease purchase of relocation housing is stated in Annex No. 03 herein;

c) The relocation under the form of lease of house shall be conducted in accordance with regulations of the Decree No. 99/2015/ND-CP and Ministry of Construction’s Circular which details and guides the implementation of a number of contents of the Decree No. 99/2015/ND-CP;

d) If the relocated occupier is eligible to buy additional apartments as referred to in Clause 3 Article 4 of the Decree No. 101/2015/ND-CP, regulations of the Decree No. 76/2015/ND-CP shall apply.

Chapter III

IMPLEMENTATION AND RESPONSIBLE ENTITIES

Article 7. Responsibilities of Provincial People’s Committees and Construction Departments

1. Provincial People’s Committees shall discharge duties mentioned in Clause 3 Article 19 of the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 with respect to the development and management of social housing and other responsibilities prescribed in this Circular.

2. Construction Departments shall be responsible for:

a) Providing advice to Provincial People’s Committees on the implementation of regulations of the Decree No. 101/2015/ND-CP and this Circular;

b) Preparing and submitting plans on renovation/re-construction of apartment buildings in the province to the People’s Committee of that province for approval in accordance with regulations of the Decree No. 101/2015/ND-CP and this Circular;

c) Coordinating with competent authorities in the province to inspect and monitor the compliance with regulations on apartment building renovation/re-construction, and whereby inform and handle within their competence or request competent authorities to handle violations against regulations on apartment building renovation/re-construction in that province;

d) Submitting reports at the request of Ministry of Construction on the preparation of apartment building renovation/re-construction plans, list of apartment building renovation/re-construction projects, execution progress of those projects, number of households receiving relocation accommodation and other contents as referred to in regulations of the Decree No. 101/2015/ND-CP and this Circular;

dd) Discharging other duties within the ambit of their assigned tasks as referred to in the Law on housing No. 65/2014/QH13, Decree No. 101/2015/ND-CP, this Circular and decisions by provincial People’s Committees.

Article 8. Effect

1. This Circular takes effect as of August 15, 2016.

2. If the regulations on apartment building renovation/re-construction promulgated by Ministries, regulatory bodies or Provincial People's Committees before the effective date of this Circular are different from regulations herein, this Circular shall apply.

3. Difficulties that arise during the implementation of this Circular should be reported to the Construction Departments for consideration within their competence./.   

ANNEX NO. 01:

FORM OF APPLICATION FOR REGISTRATION AS THE INVESTOR OF APARTMENT BUILDING RENOVATION/RE-CONSTRUCTION PROJECT
(Enclosed to the Circular No. 21/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

APPLICATION FOR REGISTRATION AS THE INVESTOR OF APARTMENT BUILDING RENOVATION/RE-CONSTRUCTION PROJECT

To:……..……………………………….

- Pursuant to the Law on housing in 2014 and the Government's Decree No. 99/2015/ND-CP dated October 20, 2015 on detailing and guiding the implementation of a number of the Law on Housing;

- Pursuant to the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

- Pursuant to the Circular No. ………../2016/TT-BXD guilding the implementation of a number of articles of the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

- Pursuant to other relevant legal grounds……………….

- Basing on the enterprise’s competence and experience

The enterprise (name of enterprise)……………….would like to register as the investor of (name of project)

I. Enterprise’s information:

Enterprise’s name:......................................................................................................

Main office: ..............................................................................................................

Telephone: ……………….. Fax:  …………………. Email: ..............................................

Business registration certificate No……………………. Issuing authority:………………….Issued date: ……………

Business sectors:.......................................................................................................

.................................................................................................................................

Legal capital: ............................................................................................................

Charter capital:...........................................................................................................

Enterprise’s legal representative: ................................................................................

Position: ...................................................................................................................

II. Information about the apartment building renovation/re-construction project:

1. Name of the project:...............................................................................................

2. Address:................................................................................................................

3. Information relating to the proposed plan for project execution, including architectural and planning criteria, total investment and financial solutions:...............................................................................................

4. Enterprise’s proposals:...........................................................................................

The enterprise ………………… does commit to assume responsibility before the law for the accuracy and truthfulness of all information stated in this application./.

ANNEX NO. 02:

FORM OF CONTRACT FOR PURCHASE OF RELOCATION HOUSING
(Enclosed to the Circular No. 21/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-----------------

………[place], ………………[date]

CONTRACT FOR PURCHASE OF RELOCATION HOUSING

(For implementing the renovation/re-construction project of the Apartment Building………)

No.: ……./HD

Pursuant to the Civil Code;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Government's Decree No. 99/2015/ND-CP dated October 20, 2015 on detailing and guiding the implementation of a number of the Law on Housing;

Pursuant to the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

Pursuant to the Circular No. 21/2016/TT-BXD dated June 30, 2016 of Ministry of Construction guilding the implementation of a number of articles of the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

Based on the plan for compensation, relocation and assistance which has been approved by the people’s committee of province or city under the Decision No………………….dated………………….. .

Based on...................................................................................................................

We consist of:

THE PROJECT INVESTOR OR THE ENTITY IN CHARGE OF ARRANGING RELOCATION HOUSING (hereinafter referred to as the Seller):

- Entity’s name:..........................................................................................................

- Address:..................................................................................................................

- Legal representative (Mr./ Mrs.): ………………….. Position:…………….. ID Card (or Passport, or Soldier’s Card, or Citizen Identity Card) No…………………….. Issued date:………………………. Issuing Authority:

- Telephone: ………………………………………………………………………… Fax (if any):

- Account No.:………………………….. Opened at the Bank:..........................................

- Tax code:................................................................................................................

RELOCATED ENTITY (hereinafter referred to as the Buyer):

The Buyer is the owner of apartment No………..at the Apartment Building………….. Apartment building complex………………. At address:................................................................................................................

- Representative (Mr./ Mrs.):........................................................................................

- ID Card (or Passport, or Soldier’s Card, or Citizen Identity Card) No…………………….. Issued date:………………………. Issuing Authority: ......................................................................................................

- The buyer’s spouse (if any), namely: ........................................................................

- ID Card (or Passport, or Soldier’s Card, or Citizen Identity Card) No…………………….. Issued date:………………………. Issuing Authority: ......................................................................................................

- Permanent residence:...............................................................................................

- Contact address:......................................................................................................

- Telephone: …………………………………………..………………………… Fax (if any):

- Account No.:………………………….. Opened at the Bank:..........................................

- Tax code:................................................................................................................

The two parties unanimously agree to enter into this contract for purchase of relocation housing at the old site upon the completion of the re-construction project in compliance with the following contents:

Article 1. Information about the relocation housing

1. House’s address: Apartment No.:……………..; Storey:………………; Block: .............

(name of the project, the building and the land plot are specified according to the approved planning if this contract is made for purchase of off-the-plan housing).

2. Usable area: ………………. …………m².

3. Information about the areas subject to the shared or individual ownership/use right: ..

4. Primary equipment attached to the house:...............................................................

5. Other information:...................................................................................................

(Location drawings and plans of the relocation housing are attached hereto)

Article 2. Selling price, method and period of payment

1. The selling price of the said apartment is: VND…………………………….

(In words: ................................................................................................................ ).

This price includes the value of land-use right and value-added tax).

2. Maintenance fees which equal to 2% of the selling price: VND…………………………

(In words: ................................................................................................................ ).

3. The apartment area which the Buyer receives from the Seller as compensation for relocation without payment (according to the plan for arrangement of relocation housing approved by people's committee of province (or city)) is: …….. m², equivalent to VND.....................

4. Different amount (if any): VND…………………………..

(The difference between the sum of the selling price and maintenance fees, and the amount equivalent to the housing area which the Buyer receives from the Seller as compensation for relocation without making payment: 4=1+2-3)

5. Method of payment: The difference mentioned in Clause 4 of this Contract (if any) shall be paid (specify in cash in VND or by transfer) at………..

6. Payment period:

a) The payment is made in lump-sum on...............................[date] (or within...........days from the date on which this contract is signed).

b) If the house is purchase by adopting the method of deferred payment, the payment shall be made according to the following stages:

- 1^st stage: VND…………………., paid on…………………..[date] (or after...........days from the date on which this contract is signed).

- 2^nd stage: VND…………………., paid on…………………..[date] (or after…………..days from the date on which the 1^st stage of payment is finished).

- Following stages……………………………

Before each stage of payment as agreed upon in this clause, the Seller must give a written notice (by fax or post, etc.) to the Buyer of the payable amount of that stage and period for making payment which is calculated from the date of receipt of the notice.Article 3. Period for delivering the relocation housing

1. The Seller shall hand over the house, the house equipment and legal documents of the house as prescribed in Article 1 of this Contract to the Buyer within ……. days from the date on which the Buyer fulfills all financial obligations regarding the house purchase (except for the cases where otherwise agreed by the parties).   The delivery of the purchased house must be recorded in writing with signatures of the two parties.

2. Other agreements.

Article 4. Home warranty

1. The Seller shall provide warranty on housing in compliance with the Law on Housing.

2. The Buyer must, in a timely manner, provide a written notice to the Seller if the housing has any damages under the warranty. Within……..days from the receipt of notice sent by the Buyer, the Seller is responsible for carrying out the warranty on housing damages in accordance with regulations. The Seller shall compensate the Buyer for damages caused by the Seller's failure to provide the home warranty.

3. The warranty does not cover housing damages caused by natural disasters or by the users' mistakes.

4. When the warranty period expires in compliance with the Law on Housing, the Buyer shall be responsible for repairing housing damages.

5. Other agreements.

Article 5. Rights and obligations of the Seller

1. The Seller's rights:

a) Request the Buyer to make payment of the different amount as prescribed in Clause 4 Article 2 herein (if any) in full and on schedule.

b) Request the Buyer to take delivery of the relocation housing as agreed upon in Article 3 of this Contract;

c) Other rights as agreed…..

2. The Seller’s obligations:

a) Deliver the relocation housing to the Buyer on schedule as agreed upon in Clause 1 Article 3 of this Contract;

b) Provide the home warranty to the Buyer as referred to in Article 4 of this Circular;

c) Instruct the Buyer to fulfill financial obligations related to this purchase of housing;

d) Make payment of the different amount as prescribed in Clause 4 Article 2 herein (if any);

dd) Assume responsibility for carrying out procedures for the issuance of Certificate of land-use right, ownership of housing and other property on the land (hereinafter referred to as the Certificate) to the Buyer (except for the case where the Buyer must carry out such procedures as agreed upon by the two parties);

e) Disseminate and guide the Buyer on regulations on housing management and use;

g) Other obligations as agreed…..

Article 6. Rights and obligations of the Buyer

1. The Buyer’s rights:

a) Request the Seller to deliver the relocation housing and its related documents as agreed upon in Article 3 of this Contract;

b) Request the Seller to carry out procedures for the issuance of Certificate of land-use right, ownership of housing and other property on the land to the Buyer after all procedures for purchase of relocation housing have been completed;

c) Request the Seller to coordinate and provide necessary documents for carrying out procedures for the issuance of Certificate of land-use right, ownership of housing and other property on the land (if the Buyer takes charge of this work);

d) Request the Seller to make payment of the different amount as prescribed in Clause 4 Article 2 herein (if any);

dd) Other rights as agreed…..

2. The Buyer’s obligations:

a) Make full payment of the different amount as prescribed in Clause 4 Article 2 herein (if any) and fulfill other financial obligations related to the purchase of relocation housing as referred to by laws;

b) Take delivery of the relocation housing and its related documents as agreed upon in this Contract;   

c) Comply with regulations on environmental hygiene, security and order in the residential area;

d) Pay fees for apartment building operation and other fees incurred during the use of the relocation housing to relevant service providers after taking delivery of the housing (if any);

dd) Other obligations as agreed…..

Article 6. The parties' commitment and settlement of contract disputes

1. Both parties jointly commit to strictly comply with the contents herein. Two parties shall discuss to settle any issues arisen during the execution of this contract by making appendixes to this contract. Such appendixes shall take the same legal effect as the original contract.

2. Other commitments…………..

3. Any disputes concerning the contents of this contract shall be settled by two parties by negotiation.  Failing to reach an amicable settlement, the parties may request the competent People's Court to settle the case in compliance with regulations and laws.

Article 7. Implementation

1. Both parties jointly commit to strictly comply with the contents herein. Any disputes concerning the contents of this contract shall be settled by two parties by negotiation.  Failing to reach an amicable settlement, the parties may request the competent People's Court to settle the case in compliance with regulations and laws.

2. This Contract includes…….pages, takes effect as of…………[date] and is made into 04 original copies of the equal effect of which each party shall keep 01 original copy, 01 original copy is submitted to the issuing authority of certificate of land-use right, ownership of housing and other property on the land, and the other is retained by the tax agency./.

Housing and land drawings attached to the Purchase Contract
(enclosed to the contract for purchase of housing No.:………………. signed on………….[date])

ANNEX NO. 03:

FORM OF CONTRACT FOR LEASE PURCHASE OF RELOCATION HOUSING
(Enclosed to the Circular No. 21/2016/TT-BXD dated June 30, 2016 of Ministry of Construction)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-----------------

………[place], ………………[date]

CONTRACT FOR LEASE PURCHASE OF RELOCATION HOUSING

(For implementing the renovation/re-construction project of the Apartment Building………)

No.: ……./HD

Pursuant to the Civil Code;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Government's Decree No. 99/2015/ND-CP dated October 20, 2015 on detailing and guiding the implementation of a number of the Law on Housing;

Pursuant to the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

Pursuant to the Circular No. 21/2016/TT-BXD dated June 30, 2016 of Ministry of Construction guilding the implementation of a number of articles of the Government’s Decree No. 101/2015/ND-CP dated October 20, 2015 on renovation and re-construction of apartment buildings;

Based on the plan for compensation, relocation and assistance which has been approved by the people’s committee of province or city under the Decision No………………….dated………………….. .

Based on…................................................................................................................

We consist of:

THE PROJECT INVESTOR OR THE ENTITY IN CHARGE OF ARRANGING RELOCATION HOUSING (hereinafter referred to as the seller/landlord):

- Entity’s name:..........................................................................................................

- Address:..................................................................................................................

- Legal representative (Mr./Mrs.):…………………………………….. Position: ………….………………….. ID Card (or Passport, or Soldier’s Card, or Citizen Identity Card) No…………………….. Issued date:………………………. Issuing Authority:

- Telephone: ………………………………………………………………………… Fax (if any):

- Account No.:………………………….. Opened at the Bank:..........................................

- Tax code:................................................................................................................

RELOCATED ENTITY (hereinafter referred to as the Buyer/Tenant):

The Buyer/Tenant is the owner of apartment No………..at the Apartment Building………….. Apartment building complex………………. At address...............................................................................

- Representative (Mr./ Mrs.):........................................................................................

- ID Card (or Passport, or Soldier’s Card, or Citizen Identity Card) No…………………….. Issued date:………………………. Issuing Authority: ......................................................................................................

- The buyer’s/ tenant’s spouse (if any), namely: ...........................................................

- ID Card (or Passport, or Soldier’s Card, or Citizen Identity Card) No…………………….. Issued date:………………………. Issuing Authority: ......................................................................................................

- Permanent residence:...............................................................................................

- Contact address:......................................................................................................

- Telephone: ………………………………………………………………………… Fax (if any):

- Account No.:………………………….. Opened at the Bank:..........................................

- Tax code:................................................................................................................

The two parties unanimously agree to enter into this contract for lease purchase of relocation housing at the old site upon the completion of the re-construction project in compliance with the following contents:

Article 1. Information about the relocation housing for lease purchase

1. House’s address: Apartment No.:……………..; Storey:………………; Block: .............

(name of the project, the building and the land plot are specified according to the approved planning if this contract is made for lease purchase of off-the-plan housing).

2. Usable area: ………………. ……………..m².

3. Information about the areas subject to the shared or individual ownership/use right: ..

4. Primary equipment attached to the house:...............................................................

5. Other information:...................................................................................................

(Location drawings and plans of the relocation housing are attached hereto).

Article 2. Lease purchase amount, method and period of payment

1. The price for the lease purchase of the apartment is: VND…………………………….

(In words:……………………………………………………………………………………….).

This lease purchase price is the apartment's value, including the value of land-use right and value-added tax.

2. Maintenance fees which equal to 2% of the lease purchase price: VND………………

(In words: ………………………………………………………………………………………)

3. The apartment area which the Buyer/Tenant receives from the Seller/Landlord as compensation for relocation without making payment (according to the plan for arrangement of relocation housing approved by people's committee of province (or city)) is: …….. m², equivalent to VND.....................

4. Different amount (if any): VND…………………………..

(The difference between the sum of the lease purchase price and maintenance fees, and the amount equivalent to the housing area which the Buyer/Tenant receives from the Seller/Landlord as compensation for relocation without making payment: 4=1+2-3)

5. Method and period of payment: The difference mentioned in Clause 4 of this Contract (if any) shall be paid (specify in cash in VND or by transfer) at……………………

6. Payment period:

- First payment of the lease purchase price: The buyer/tenant shall make the first payment as…….% of the difference mentioned in Clause 4 of this Article to the seller/landlord within………………days from the date on which this contract is signed;

- Monthly payment of the lease purchase price: The buyer/tenant shall make payment of the lease purchase price to the seller/landlord on the……….day of every month.

Article 3. Period for delivering the relocation housing, and lease purchase period

1. The relocation housing shall be delivered on………………..…….[date] (or within……………..days (or month(s)) from the date on which this contract is signed).

2. Lease purchase period of the relocation housing is ………….year(s) (or………….months), from…………………….[date] to……………………….[date]

3. Over the period mentioned in Clause 2 of this Article, if the buyer/tenant of the relocation housing has fulfilled all obligations to the seller/landlord, the seller/landlord shall carry out procedures for the issuance of Certificate of land-use right, ownership of housing and other property on the land to the buyer/tenant.

Article 4. Home warranty

1. The Seller/Landlord shall provide warranty on housing in compliance with the Law on Housing.

2. The Buyer/Tenant must, in a timely manner, give a written notice to the Seller/Landlord if the housing has any damages under the warranty. Within……..days from the receipt of notice sent by the Buyer/Tenant, the Seller/Landlord is responsible for carrying out the warranty on housing damages in accordance with regulations. The Seller/Landlord shall compensate the Buyer/Tenant for damages caused by the Seller/Landlord’s failure to provide the home warranty.

3. The warranty does not cover housing damages caused by natural disasters or by the users' mistakes.

4. When the warranty period expires in compliance with the Law on Housing, the Buyer/Tenant shall be responsible for repairing housing damages.

5. Other agreements.

Article 5. Rights and obligations of the seller/landlord

1. The seller/landlord’s rights:

a) Request the buyer/tenant to use the relocation housing for proper purposes and comply with regulations on housing management and use;

b) Request the buyer/tenant to make full payment of the lease purchase price on schedule as committed;

c) Request the buyer/tenant to repair damages and compensate for damages caused by his/her mistake during the lease purchase period of the relocation housing;

d) Other rights as agreed…..

2. The seller/landlord’s obligations:

a) Deliver the relocation housing to the Buyer/Tenant on schedule as agreed upon in Clause 1 Article 3 of this Contract;

b) Disseminate and guide the Buyer/Tenant on regulations on housing management and use;

c) Maintain and manage the housing operation in accordance with regulations of the law on housing management and use;

d) Give a written notice to the buyer/tenant of any changes of the lease purchase price and/or fees of building operation at least 01 months before making collection;

dd) Guide and expedite the buyer/tenant to comply with regulations on management of family register and household members, and regulations on security and order, and environment hygiene;

e) Carry out procedures for the issuance of Certificate of land-use right, ownership of housing and other property on the land to the buyer/tenant upon the completion of the lease purchase period provided that the buyer has made full payment of the amount for lease purchase of the relocation housing as agreed upon in this Contract;

g) Comply with competent authorities’ decisions on management and settlement of lease purchase housing, and settlement of disputes concerning this Contract;

h) Other obligations as agreed…..

Article 6. Rights and obligations of the buyer/tenant

1. The buyer/tenant’s rights:

a) Request the seller/landlord to deliver the relocation housing as agreed upon in Article 3 of this Contract;

b) Request the seller/landlord to carry out timely repair for housing damages which are not caused by the buyer/tenant’s mistake;

c) Request the seller/landlord to carry out procedures for the issuance of Certificate of land-use right, ownership of housing and other property on the land after the lease purchase contract expires and the buyer/tenant has made full payment of the amount for lease purchase of the relocation housing as agreed upon in this Contract;

d) Have the right to conduct housing transactions after the buyer/tenant has made full payment of the lease purchase amount and has Certificate of land-use right, ownership of housing and other property on the land awarded.

dd) Other rights as agreed…..

2. The buyer/tenant’s obligations:

a) Make the first payment and monthly payments of the lease purchase amount in full and on schedule as agreed upon in Article 2 of this Contract; make payment of fees for apartment building operation and other fees relating to the use of the relocation housing to relevant service providers;

b) Use the housing for proper purposes; preserve the housing and repair any damages caused by the buyer/tenant’s mistake;

c) Comply with regulations on housing management and use, and competent authorities’ decisions on settlement of disputes concerning this Contract;

d) Not to transfer the housing under any form during the lease purchase period;

dd) Comply with regulations on environmental hygiene, security and order in the residential area;

e) Compensate for damages caused by the buyer/tenant’s mistakes;

g) Other obligations as agreed…..

Article 6. The parties' commitment and settlement of contract disputes

1. Both parties jointly commit to strictly comply with the contents herein. Two parties shall discuss to settle any issues arisen during the execution of this contract by making appendixes to this contract. Such appendixes shall take the same legal effect as the original contract.

2. Other commitments…………..

3. Any disputes concerning the contents of this contract shall be settled by two parties by negotiation.  Failing to reach an amicable settlement, the parties may request the competent People's Court to settle the case in compliance with regulations and laws.

Article 7. Implementation

This contract takes effect as of…………………….[date]. This contract includes………pages and is made into 03 original copies of the equal effect of which each party shall keep 01 original copy and the other is retained by the entity in charge of apartment building management and operation./.

Housing and land drawings attached to the Lease Purchase Contract
(enclosed to the contract for lease purchase of the relocation housing No.:………………. signed on………….[date])