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Transfer of all or part of a real estate project is a flexible solution that helps investors optimize profits and minimize risks. This process not only creates opportunities to restructure the investment portfolio but also opens up the possibility of cooperation with strategic partners, while creating favorable conditions for faster project development. In the following article, Long Phan will introduce the steps to transfer all or part of a real estate project.
Pursuant to Article 39 of the Law on Real Estate Business 2023, the principles for transferring all or part of a real estate project are:
Pursuant to Clause 3, Article 10 of Decree 96/2024/ND-CP, documents for the transfer of all or part of a real estate project under the Prime Minister’s authority to decide to permit transfer are:
Pursuant to Article 11 of Decree 96/2024/ND-CP, procedures for transferring all or part of a real estate project whose investment is decided by the Provincial People’s Committee include the following steps:
Step 1: The investor submits the application to the Provincial People’s Committee or the state management agency on real estate business at the provincial level authorized by the Provincial People’s Committee.
Step 2: Within 30 days from the date of receiving complete and valid documents, the Provincial People’s Committee is responsible for obtaining opinions from relevant local agencies and organizing the appraisal of the transfer documents.
Step 3: Within 15 days from the date of receipt of documents and documents seeking opinions from the Provincial People’s Committee or the state management agency on real estate business at the provincial level, the consulted agencies will have their opinions on the content within the scope of assigned state management for the contents specified in Article 4, Article 39 and Article 40 of the Law on Real Estate Business.
Step 4: After a decision to allow the transfer of all or part of a real estate project is made by the Provincial People’s Committee, the parties are responsible for implementing the provisions in Clauses 6, 7, and 8, Article 10 of the Decree.
Pursuant to Clauses 3 to 9, Article 10 of Decree 96/2024/ND-CP, procedures for transferring all or part of a real estate project whose investment is decided by the Prime Minister include the following steps:
Step 1: Investors submit documents to the Provincial People’s Committee
Step 2: Within 45 days from the date of receipt of complete and valid documents, the Provincial People’s Committee is responsible for obtaining opinions from the Ministry of Construction and relevant ministries, branches and agencies and organizing the appraisal of the transfer documents transfer and submit to the Prime Minister for consideration and decision.
Step 3: Within a maximum period of 60 days from the date of the decision permitting the transfer of the project or real estate project, the transferor and transferee are responsible for completing:
At the end of the above time limit, if the parties do not complete it and the competent authority does not issue a decision allowing the transfer of the project or the real estate project portion to extend the implementation time, this decision will expire.
Step 4: The project transferee may continue to implement the project and project portion after receiving the project and real estate project portion and completing the obligation to pay taxes, fees, and charges (if any).
Step 5: The parties are responsible for carrying out land registration procedures according to the provisions of land law.
Transferring all or part of a real estate project is a process that helps you make the most of the property’s potential and minimize investment risks. With many years of experience in the real estate field, Long Phan is proud to provide professional, reliable transfer consulting and support services with activities such as:
The process of transferring all or part of a real estate project must comply with the correct procedures as prescribed by law. Understanding the steps will be the basis to help investors optimize costs and save time. If you have any questions, please contact Long Phan immediately via the hotline 0906735386 to receive a free consultation and start trading successfully.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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