| GOVERMENT | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| Number: 02 / 2022 / ND-CP | Hanoi, date 06 month 01 year 2022 |
DECREE
DETAILED REGULATIONS FOR IMPLEMENTING CERTAIN ARTICLES OF THE LAW ON REAL ESTATE BUSINESS
Based on the Law on Organization of the Government dated June 19, 2015; and the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;
Based on the Land Law dated November 29, 2013;
Based on the Law on Real Estate Business dated November 25, 2014;
Based on the Housing Law dated November 25, 2014;
Based on the Investment Law dated June 17, 2020;
As requested by the Minister of Construction;
The government has issued a Decree detailing the implementation of several articles of the Law on Real Estate Business.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides detailed regulations on several articles and clauses of the Law on Real Estate Business, including provisions on the conditions for organizations and individuals engaged in real estate business; on types of model contracts for real estate business; on the transfer of lease-purchase contracts for existing houses and construction works; on the transfer of contracts for the purchase and lease-purchase of houses under construction; and on the procedures for transferring all or part of a real estate project.
Article 2. Subject of application
1. Organizations and individuals participating in real estate business in Vietnam.
2. Agencies, organizations, households, and individuals involved in real estate business in Vietnam.
Article 3. Explain words
In this Decree, the following terms are understood as follows:
1. Real estate included in business activities comprises types of houses, construction works attached to land, and types of land permitted for transfer, lease, or sublease of land use rights as stipulated in Article 5 of the 2014 Law on Real Estate Business (hereinafter referred to as the Law on Real Estate Business).
2. A real estate project is an investment project for the construction of works that is prepared, appraised, and approved in accordance with the law on construction. Real estate projects include: investment projects for the construction of houses and buildings; investment projects for the construction of infrastructure for the transfer or lease of land use rights, as prescribed by law.
3. A real estate business contract is a written agreement between an enterprise or cooperative that meets the conditions for real estate business as stipulated in Article 4 of this Decree and an organization, household, or individual regarding the establishment, modification, or termination of rights and obligations in the buying, selling, leasing, or lease-purchasing of houses and construction works, the transfer, leasing, or subleasing of land use rights, or the transfer of all or part of a real estate project, and is drawn up according to the mẫu prescribed in this Decree.
4. Transfer of the entire real estate project means that the investor transfers the entire real estate project and all legal rights, obligations, and interests of the investor and related parties (if any) with respect to that project to the transferee through a written contract in accordance with the provisions of this Decree and approved by the competent State agency.
5. Transfer of a portion of a real estate project is the act of the investor transferring the portion of the real estate project permitted for business operation, along with the legal rights, obligations, and interests of the investor and related parties (if any) relating to the transferred portion of the project, to the transferee through a written contract in accordance with the provisions of this Decree and approved by the competent State agency.
6. The transfer of a contract for the purchase or lease-purchase of a house or construction project is the act by which the buyer or lessee transfers all rights, responsibilities, and obligations under the contract for the purchase or lease-purchase of a house or construction project to another organization or individual through a contract transfer document prepared in accordance with the provisions of this Decree.
Chapter II
SOME SPECIFIC REGULATIONS
Section 1. CONDITIONS FOR CONDUCTING REAL ESTATE BUSINESS
Article 4. Conditions for organizations and individuals engaging in real estate business.
1. Organizations and individuals engaged in real estate business must meet the following conditions:
a) An enterprise or a cooperative must be established in accordance with the law on enterprises or the law on cooperatives, with real estate business activities (hereinafter referred to as the enterprise);
b) The following information about the enterprise (including name, head office address, contact phone number, and legal representative), as well as information about real estate projects, must be publicly disclosed on the enterprise's website, at the Project Management Board's headquarters (for real estate investment projects), and at the real estate exchange (for cases of business conducted through a real estate exchange), are required: information about real estate projects offered for sale as stipulated in Clause 2, Article 6 of the Law on Real Estate Business; information about mortgages on houses, construction works, and real estate projects offered for sale (if any); information about the quantity and types of real estate products offered for sale; the quantity and types of real estate products sold, transferred, leased, and the quantity and types of remaining products still being offered for sale.
For information already made public as stipulated in this point that subsequently changes, it must be updated promptly after the change occurs;
c) Only conduct business in real estate that meets the conditions stipulated in Articles 9 and 55 of the Law on Real Estate Business.
2. In cases where an investor is selected as the project owner for a real estate project in accordance with the law, that investor must have equity capital of no less than 20% of the total investment capital for projects with a land area of less than 20 hectares, and no less than 15% of the total investment capital for projects with a land area of 20 hectares or more. When conducting real estate business, the project owner must meet the conditions stipulated in Clause 1 of this Article.
The determination of equity capital as stipulated in this clause is based on the results of the most recent audited financial statements or the results of an independent audit report of the operating enterprise (conducted in the current year or the immediately preceding year); in the case of a newly established enterprise, equity capital is determined according to the actual contributed charter capital as prescribed by law.
Article 5. Organizations, households, and individuals selling, transferring, leasing, or lease-purchasing real estate on a small scale and infrequently.
Organizations, households, and individuals selling, transferring, leasing, or lease-purchasing real estate as stipulated in Clause 2, Article 10 of the Law on Real Estate Business are not required to meet the conditions specified in Article 4 of this Decree, including:
1. Agencies and organizations that sell houses, construction works, or transfer land use rights due to bankruptcy, dissolution, or division in accordance with the law.
2. Agencies and organizations shall carry out the sale, transfer, lease, and lease-purchase of real estate that is public property in accordance with the law.
3. Credit institutions, branches of foreign banks, asset management companies of credit institutions (AMCs), and asset management companies of Vietnamese credit institutions (VAMCs) shall sell houses, construction works, transfer land use rights, and transfer real estate projects that are being used as collateral or mortgages to recover debts in accordance with the law.
4. Organizations, households, and individuals selling houses, construction works, or transferring land use rights according to decisions of the Court or competent state agencies when resolving disputes, complaints, or denunciations.
5. Organizations, households, and individuals selling, leasing, or lease-purchasing houses and construction works under their legal ownership, or transferring, leasing, or subleasing the right to use land under their legal ownership.
6. Organizations, households, and individuals selling, leasing, lease-purchasing, or transferring real estate that they have invested in and constructed, but which is not a real estate investment project for business purposes as prescribed by law.
Section 2. Real Estate Business Contracts and Contract Assignment
Article 6. Real Estate Business Contracts
The sale, transfer, lease, lease-purchase, sublease of real estate, and transfer of real estate projects must be formalized in a contract using the mẫu form prescribed below:
1. The contract for the purchase and lease-purchase of apartment units is regulated by Form No. 01 in the Appendix issued with this Decree.
2. Contracts for the purchase and lease-purchase of tourist apartments and office apartments combined with accommodation are regulated by Form No. 02 in the Appendix issued with this Decree.
3. Contracts for the purchase and lease-purchase of individual houses as stipulated in Form No. 03 of the Appendix issued with this Decree.
4. Contracts for the purchase and sale or lease-purchase of houses and other construction works not falling under the cases specified in Clauses 1, 2, and 3 of this Article shall be prescribed in Form No. 04 of the Appendix issued together with this Decree.
5. Lease agreements for residential and construction works are regulated by Form No. 05 in the Appendix issued with this Decree.
6. The land use rights transfer contract is stipulated in Form No. 06 of the Appendix issued together with this Decree.
7. Lease and sublease contracts for land use rights are stipulated in Form No. 07 of the Appendix issued with this Decree.
8. Contract for the transfer of all (or part) of a real estate project as stipulated in Form No. 08 of the Appendix issued with this Decree.
Article 7. Conditions for transferring contracts for the purchase and sale or lease-purchase of future-built housing and transferring contracts for lease-purchase of existing houses and construction works.
1. The transfer of contracts for the purchase and lease-purchase of future-built housing and the transfer of contracts for the lease-purchase of existing houses and construction works does not apply to contracts for the purchase and lease-purchase of social housing.
2. The transfer of contracts for the purchase or lease-purchase of houses and construction works must meet the following conditions:
a) There must be a sales or lease-purchase contract drawn up in accordance with the provisions of Article 6 of this Decree; in cases where the parties have signed a contract before the effective date of this Decree, the signed contract must be available;
b) Those who have not yet submitted an application to the competent state agency for the issuance of a Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land (hereinafter referred to as the Certificate);
c) Contracts for the purchase or lease-purchase of houses and construction works must be free from disputes and claims;
d) Houses and construction works covered by purchase or lease-purchase contracts are not subject to seizure or mortgage to secure the fulfillment of obligations as prescribed by law, except with the consent of the mortgagee.
3. The transfer of contracts for the purchase or lease-purchase of houses and construction works shall be carried out for the entire contract. In cases where multiple houses or construction works are purchased or leased under the same contract, and the parties wish to transfer each house or construction work individually, the transferor must agree with the investor to amend the purchase or lease-purchase contract or sign an addendum to the contract before carrying out the transfer of the contract as stipulated in this Decree.
Article 8. Procedures for transferring contracts for the purchase and sale or lease-purchase of future-built housing and contracts for the lease-purchase of existing houses and construction works.
1. The procedures for transferring contracts for the purchase and sale of housing units under construction shall be carried out in accordance with the provisions of the law on housing.
2. The procedures for transferring lease-purchase contracts for future-built housing and lease-purchase contracts for existing houses and construction works are as follows:
a) The assignor and the assignee of the contract agree to draw up a contract assignment document in accordance with the form specified in Form No. 09 of the Appendix issued with this Decree.
The contract assignment document must be prepared in 6 copies (2 copies for the project investor, 1 copy for the tax authority, 1 copy for the agency receiving the application for the Certificate, 1 copy for the assignor, and 1 copy for the assignee); if the contract assignment document needs to be notarized, an additional copy must be kept at the notary office.
If the party transferring the contract is a business engaged in real estate activities, notarization of the transfer is not mandatory, unless the parties so desire.
b) One of the parties submits an application to a notary office to certify the contract transfer document. The application for notarization includes: the original contract transfer document; the original contract initially signed with the project investor; in the case of transferring one or more houses or construction works within the total number of houses or construction works leased under the contract, the original contract or contract addendum showing the transferred house or construction work signed with the investor must be submitted; documents proving the amount of money the transferor has paid to the project investor; the original or certified copy of the handover minutes of the house or construction work (if any); and other documents as prescribed by law on notarization.
c) After notarization (except in cases where notarization is not required), the parties transferring the contract are responsible for paying taxes, fees, and charges related to the contract transfer as prescribed by law;
d) After complying with the provisions of point c of this clause, one of the parties shall submit a request to the investor for confirmation of the contract transfer, including: 06 original copies of the contract transfer document accompanied by the original contract; in the case of transferring one or more houses or construction works within the total number of houses or construction works leased under the contract, the original contract or contract appendix showing the transferred house or construction work signed with the investor must be submitted; documents proving that taxes have been paid or that taxes have been exempted according to the provisions of tax law;
d) Within 05 working days from the date of receiving the documents specified in point d of this clause, the real estate project investor is responsible for reviewing and confirming the contract transfer document and is not allowed to collect any fees. After confirming the contract transfer documents, the investor retains 02 original copies of the contract transfer document and returns 04 copies of the contract transfer document along with the received documents as stipulated in point d of this clause to the party submitting the documents;
e) From the date the contract assignment document is confirmed by the investor, the contract assignee shall continue to exercise the rights and obligations of the lessee with the investor according to the signed contract and the contract assignment document;
g) For subsequent contract transfers carried out according to the procedures stipulated in this Article, the transferor must submit complete documentation of previous transfers when processing the transfer;
h) The final transferee of the contract is granted a Certificate by the competent state authority in accordance with the law on land.
3. For real estate businesses receiving contract transfers, within a maximum of 05 days from the date of completion of the transfer as stipulated in point d, clause 2 of this Article, they must send a written notification of the contract transfer (including the name and address of the real estate project, the name of the transferring business, the number of contracts, and the number of houses and construction works under the transfer contract) to the central housing management agency for compilation and monitoring.
Section 3. TRANSFER OF ALL OR PART OF A REAL ESTATE PROJECT
Article 9. Principles for the transfer of all or part of a real estate project.
1. The transfer of all or part of a real estate project is carried out when the conditions stipulated in Article 49 of the Law on Real Estate Business are met and applies in cases where the project is being implemented according to the approved schedule and content.
2. For the real estate projects specified below, the transfer of ownership shall be carried out in accordance with the provisions of the law on investment:
a) The real estate project has been approved for investor status in accordance with the provisions of the 2020 Investment Law;
b) The real estate project has been granted an Investment Registration Certificate in accordance with the provisions of the 2020 Investment Law.
3. For real estate projects not covered by Clause 2 of this Article, the transfer shall be carried out in accordance with the Law on Real Estate Business and this Decree.
Article 10. Documents for transferring all or part of a real estate project.
1. The investor's application for the transfer of all or part of a real estate project includes:
a) An application for the transfer of all or part of a real estate project, using the form prescribed in Form No. 10 of the Appendix issued with this Decree;
b) Draft contract for the transfer of all or part of a real estate project as stipulated in Article 6 of this Decree;
c) Documents (copies and presentation of originals for verification or notarized/certified copies when submitting the application) regarding the transferred real estate project, including: decision or approval of investment policy or investment permit or investment approval document from a competent state agency; project approval decision; detailed planning 1/500 or overall site plan; documents proving completion of land clearance for the project; documents proving completion of investment in the construction of corresponding technical infrastructure works according to the progress stated in the project (for the case of transferring the entire infrastructure construction investment project); Certificate for the project;
d) Report on the progress of the real estate project up to the time of transfer, using the form prescribed in Form No. 12 of the Appendix issued with this Decree.
2. The dossier of the transferee of all or part of the real estate project includes:
a) An application for the transfer of all or part of the project, using the form prescribed in Form No. 11 of the Appendix issued with this Decree;
b) Business registration certificate or investment registration certificate or documents proving the establishment of the organization (copy and presentation of the original for verification or notarized or certified copy when submitting the application);
c) Documents proving financial capacity; proof of mobilized capital sources (if any) in accordance with the law to ensure the continued implementation of the project according to the schedule approved by the competent authority; for real estate businesses receiving the transfer, they must have documents proving financial capacity as stipulated in Clause 2, Article 4 of this Decree.
Article 11. Procedures for transferring all or part of a real estate project whose investment is decided by the Provincial People's Committee (investment policy decision, investment decision, investment approval document)
1. The project investor shall submit directly or send by mail one set of documents as prescribed in Article 10 of this Decree to the People's Committee of the province where the project is located or the provincial housing management agency (if authorized by the People's Committee of the province).
2. The agency assigned to preside over the appraisal shall organize the collection of appraisal opinions and conduct the appraisal of the transfer dossier in accordance with Article 13 of this Decree; submit it to the Provincial People's Committee for consideration and decision on permitting the transfer; the form of the decision permitting the transfer shall be in accordance with Form No. 13 of the Appendix issued with this Decree. The maximum time for collecting appraisal opinions, conducting the appraisal, and deciding on permitting the transfer is 30 days from the date of receiving a complete and valid dossier. If the dossier is incomplete according to regulations, the investor must supplement it as required; the time for supplementing documents shall not be included in the processing time.
If a real estate project or part of a project does not meet the transfer requirements, the receiving agency must notify the project investor in writing, clearly stating the reasons.
3. Within a maximum of 30 days from the date of the decision permitting the transfer of the real estate project or part of the project, the transferor and the transferee must complete the signing of the transfer contract according to the form prescribed in Form No. 08 of the Appendix issued with this Decree and complete the handover of the transferred project or part of the project. The project or part of the project transfer contract is also the contract for the transfer of land use rights of the transferred project or part of the project, except in the case of land lease with annual rent payments.
4. After signing the transfer contract, the parties are responsible for paying taxes and fees as prescribed by law. The transferor is responsible for handing over all project documents and the transferred portion of the project to the transferee. The handover must be documented in writing and signed by both parties. The transferee may continue to implement the project or portion of the project immediately after fulfilling their tax and fee obligations and receiving the handover of the project or portion of the project.
5. At least 15 days before the handover procedures, the transferor of the real estate project or part of the project must notify all customers and relevant parties (if any) in writing and publish at least three consecutive notices in a local newspaper or on a local or national television station about the transfer of the project or part of the project. If customers or relevant parties have concerns regarding their rights related to the transferred project or part of the project, the transferor is responsible for resolving these concerns in accordance with the law before the handover procedures are completed.
6. After signing the transfer contract, in the case of transferring a project or part of a project associated with land use rights, the parties must carry out the procedures for registering changes in land use rights in accordance with the law on land; in the case of transferring a project or part of a project associated with land leased with annual rent payments, one of the parties shall request the competent authority to reclaim the land for lease in accordance with the law on land.
7. The People's Committee of the province is responsible for publicly announcing the decision allowing the transfer of a real estate project or part of a project on the electronic portal of the People's Committee of the province, the provincial housing management agency where the project is located, and sending this decision to the Ministry of Construction for compilation and monitoring; the transferor and the transferee must publicly announce this decision on their respective websites.
Article 12. Procedures for transferring all or part of a real estate project whose investment is decided by the Prime Minister (investment policy decision, investment decision, investment approval document)
1. The investor of a real estate project shall submit directly or send by mail one set of documents as prescribed in Article 10 of this Decree to the People's Committee of the province where the project is located.
2. Within 45 days from the date of receiving complete and valid documents, the Provincial People's Committee is responsible for obtaining appraisal opinions from relevant ministries and agencies as prescribed in Article 13 of this Decree and submitting them to the Prime Minister for consideration and decision on permitting the transfer; in case the real estate project or part of the project does not meet the conditions for transfer, the Provincial People's Committee must notify the project investor in writing, clearly stating the reasons.
3. After the Prime Minister issues a decision permitting the transfer, the parties are responsible for implementing the provisions of Clauses 3, 4, 5, and 6 of Article 11 of this Decree.
4. The People's Committee of the province where the project or the transferred part of the project is located is responsible for implementing the provisions of Clause 7, Article 11 of this Decree.
Article 13. Obtaining opinions and evaluating dossiers for the transfer of all or part of a real estate project.
1. The agency responsible for appraisal as stipulated in Articles 11 and 12 of this Decree shall be responsible for sending directly or by mail one set of documents as stipulated in Article 10 of this Decree to relevant agencies to obtain written appraisal opinions on the transfer of all or part of a real estate project as prescribed below:
a) For cases involving the transfer of all or part of a project falling under the provisions of Article 11 of this Decree, the agency assigned to preside over the appraisal must obtain appraisal opinions from relevant local agencies involved in the project or the transferred part of the project; the time for submitting documents and obtaining appraisal opinions from relevant agencies is 15 days from the date of receiving complete and valid documents;
b) For cases involving the transfer of all or part of a project that falls under the category permitted by the Prime Minister, the provincial People's Committee must obtain appraisal opinions from the Ministry of Construction and other ministries and agencies related to the project or the transferred part of the project; the time for submitting documents and obtaining appraisal opinions from the ministries and agencies is 25 days from the date of receiving complete and valid documents;
c) In cases where the transferee is a foreign-invested enterprise and the project or part of the real estate project being transferred is located in border communes, wards, towns, coastal areas, or islands, the lead appraisal agency must also obtain appraisal opinions from the Ministry of National Defense and the Ministry of Public Security regarding the assurance of national defense and security.
2. The content of the assessment of the application for the transfer of all or part of a real estate project includes:
a) Compliance with the principles of real estate business, real estate project transfers, and prohibited acts as stipulated in Articles 4, 8, and 48 of the Law on Real Estate Business and the provisions of this Decree;
b) The documents in the application file for transfer as stipulated in Article 10 of this Decree;
c) Conditions of the real estate project or part of the project being transferred as stipulated in Clause 1, Article 49 of the Law on Real Estate Business; in cases where the transferor or transferee of the project is a state-owned enterprise, additional conditions must be determined in accordance with the law on the management and use of state capital invested in production and business at enterprises;
d) Conditions for the transferor and the transferee as stipulated in Clauses 2 and 3 of Article 49 of the Law on Real Estate Business and the provisions of Article 4 of this Decree;
d) Rights and obligations of the transferor and transferee as stipulated in Article 52 of the Law on Real Estate Business and the legitimate rights and interests of related parties (if any).
3. Based on the appraisal opinions of the relevant agencies specified in Clause 1 of this Article regarding the appraisal contents specified in Clause 2 of this Article, and the opinions of the Ministry of National Defense and the Ministry of Public Security (if any), the appraisal-conducting agency shall report to the competent authority for consideration and decision on allowing the transfer of all or part of the project as prescribed in Article 11 or Article 12 of this Decree.
Chapter III
TERMS ENFORCEMENT
Article 14. Transitional provisions
1. In cases where real estate business contracts were signed before the effective date of this Decree, there is no need to re-sign the contracts according to the provisions of this Decree, except in cases where the parties agree to re-sign the contracts according to the provisions of this Decree.
2. In cases where the parties are in the process of signing a contract for the purchase or lease-purchase of a house or construction project, but have not signed the contract by the effective date of this Decree, they must sign the contract in accordance with the provisions of this Decree.
3. In cases where the parties are in the process of transferring a lease-purchase contract for future housing or a lease-purchase contract for existing houses or construction works, but have not completed the transfer procedures by the effective date of this Decree, they may continue to carry out the remaining procedures as prescribed in this Decree.
4. In cases where procedures for transferring all or part of a real estate project are underway, but by the effective date of this Decree, a decision permitting the transfer has been issued by the competent authority and the parties have not yet signed the transfer contract, the contract must be signed in accordance with the provisions of this Decree.
5. In cases where applications for the transfer of all or part of a real estate project were submitted before the effective date of this Decree but no decision has been made by the competent authority, the parties are not required to repeat the previous procedures but must supplement any missing documents as stipulated in this Decree (if any) for consideration and decision by the competent authority.
6. Enterprises and cooperatives engaged in real estate business are responsible for fully fulfilling the conditions stipulated in Article 4 of this Decree within 06 months from the effective date of this Decree. Failure to fully fulfill the required conditions within the specified timeframe will result in the prohibition of real estate business activities as stipulated in this Decree and relevant laws.
7. In cases where Vietnamese citizens have been issued chip-embedded citizen identification cards with personal identification numbers in accordance with the Law on Citizen Identification and the national population database, investment registration database, and business registration database are connected and operational, these databases may be used as a substitute for personal identification documents (household registration, citizen identification card, passport, and other personal identification documents) when carrying out procedures related to real estate and housing business as prescribed by the law on real estate business and the law on housing.
Article 15. Responsible for implementing
1. Responsibilities of the Ministry of Construction:
a) To guide, monitor, and urge the implementation of the provisions of the Law on Real Estate Business and this Decree;
b) Participate in providing opinions on the appraisal of the transfer of all or part of a real estate project in accordance with this Decree and relevant laws;
c) To preside over and coordinate with relevant agencies in researching and issuing, within their authority, or submitting to competent authorities for issuance, legal documents on real estate business;
d) To preside over or coordinate with relevant agencies in conducting inspections, examinations, and handling violations in the field of real estate business in accordance with the law;
d) Perform other tasks as stipulated in the Law on Real Estate Business, this Decree, or as assigned by the Government or the Prime Minister.
2. Relevant ministries and agencies are responsible for guiding, supervising, and implementing the provisions of the Law on Real Estate Business and this Decree within their assigned scope, functions, and duties.
3. The People's Committees of provinces and centrally-administered cities are responsible for:
a) To organize and direct the implementation of the provisions of the Law on Real Estate Business and this Decree at the local level; to direct local housing management agencies and relevant local agencies to inspect the signing of real estate business contracts in the area in accordance with the provisions of this Decree;
b) Deciding on the permission to transfer all or part of a real estate project in accordance with the provisions of this Decree; presiding over the appraisal and submission of dossiers requesting the transfer of all or part of a real estate project under the authority of the Prime Minister to permit the transfer;
c) To organize or direct the implementation of inspections, examinations, and handling of violations in the field of real estate business in accordance with authority and legal regulations;
d) Report to the Ministry of Construction on the real estate business situation and real estate market in the area every six months or upon sudden request, so that the Ministry of Construction can compile and report to the Government and the Prime Minister;
d) Perform other tasks as stipulated in the Law on Real Estate Business, this Decree, or as assigned by the Government or the Prime Minister.
Article 16. Enforcement
1. This Decree shall take effect from July 1, 2022.
2. This Decree replaces Decree No. 76/2015/ND-CP dated September 10, 2015 of the Government detailing the implementation of a number of articles of the Law on Real Estate Business.
3. From the effective date of this Decree, regulations on the conditions for organizations and individuals engaged in real estate business, the drafting and signing of real estate business contracts, the transfer of contracts for the purchase and sale or lease-purchase of future housing, lease-purchase of existing houses and construction works, and the transfer of all or part of real estate projects, as stipulated in Government Decrees, Prime Minister's Decisions, and legal documents issued by ministries, sectors, and provincial People's Committees before the effective date of this Decree that contain provisions within the scope of this Decree, shall be implemented in accordance with the provisions of this Decree.
4. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.