THE MINISTRY OF CONSTRUCTION

Circular No. 03/2014/TT-BXD dated February 20, 2014 of the Ministry of Construction on amending the Article 21 of the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction specifying and guiding some contents of the Government's Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law
Pursuant to the Law on Housing dated November 29, 2005 and the Law No. 34/2009/QH12 dated June 18, 2009 on amendments to Article 126 of the Law on Housing and Article 121 of the Law on Land No. 13/2003/QH11;
Pursuant to the Government's Decree No. 71/2010/ND-CP dated June 23, 2010 providing guidance on the implementation of the Law on Housing (hereinafter referred to as the Decree No. 71/2010/ND-CP);
Pursuant to the Government's Decree No. 62/2013/ND-CP dated June 25, 2013 defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
At the request of the Director of Housing and Real Estate Market Administration;
The Minister of Construction issues a Circular on amendments to Article 21 of the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction providing guidance on the implementation of the Government's Decree No. 71/2010/ND-CP on the implementation of the Law on Housing (hereinafter referred to as the Circular No. 16/2010/TT-BXD).
Article 1. To amend Clause 1 and Clause 2,  Article 21 of the Circular No. 16/2010/TT-BXD
1. To amend Clause 1 as follows:
“1. The housing transaction must be made into written contracts (hereinafter referred to as housing contracts) that contain the information in Article 93 of the Law on Housing, the Civil Code, Article 63 of the Decree No. 71/2010/ND-CP, and are conformable with the sample contract in the Appendix to this Circular.
Every of the housing contracts of real estate companies must be made into four copies; one of them is kept by the buyer, the other three copies are used by the investor to pay tax, registration fee, apply for the issuance of the Certificate of rights to use land and ownership of property on land (hereinafter referred to as Certificate) to the buyer. Such contracts are the legal basis for determining the rights and obligations of the buyers throughout the use of the purchased houses, even when the buyers have been issued with the Certificates by competent authorities”.
2. To amend Clause 2 as follows:
“2. In the trading contract of commercial apartment with the investor, apart from the information in Clause 1 of this Article, both parties must specify the shared area, private area of the apartment owner, floor area of the apartment, usable area (carpet area) of the apartment that are used to impose the price; a maintenance fee at 2% of the price; an management fee and the rules for adjusting the management fee while an management board of the apartment building is not established.The trading contract of commercial apartment must be enclosed with the Regulation on the management and use of apartments introduced by the investor, floor plans of the apartment, the floor on which the apartment is located, and the apartment building.