Decree 02/2022/ND-CP guiding the Law on Real Estate Business

DECREE

DETAILS IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON REAL ESTATE BUSINESS

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Pursuant to the November 29, 11 Land Law;

Pursuant to the November 25, 11 Law on Real Estate Business;

Pursuant to the November 25, 11 Law on Housing;

Pursuant to the November 17, 6 Investment Law;

At the proposal of the Minister of Construction;

The Government promulgates a Decree detailing the implementation of a number of articles of the Law on Real Estate Business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree details a number of articles and clauses of the Law on Real Estate Business, including contents on conditions of organizations and individuals doing real estate business; on types of real estate business model contracts; on the transfer of lease-purchase contracts for existing houses and construction works; transfer of contracts of purchase, sale and lease-purchase of houses to be formed in the future and procedures for transfer of all or part of a real estate project.

Article 2. Subject of application

1. Organizations and individuals engaged in real estate business in Vietnam.

2. Agencies, organizations, households and individuals related to real estate business in Vietnam.

Article 3. Explain words

In this Decree, the terms below are construed as follows:

1. Real estate put into business means houses and constructions attached to land and types of land that are permitted to be transferred, leased, or sub-leased as prescribed in Article 5 of the Business Law. 2014 (hereinafter referred to as the Law on Real Estate Business).

2. Real estate project means a work construction investment project which is formulated, appraised and approved in accordance with the construction law. Real estate projects include: investment projects on building houses and construction works; investment projects on construction of infrastructure to transfer or lease land use rights, in accordance with the provisions of law.

3. Real estate business contract is a written agreement between an enterprise or cooperative that fully meets the conditions for real estate business as prescribed in Article 4 of this Decree and an organization, household, individuals on the establishment, change, termination of rights and obligations in the activities of buying, selling, leasing, leasing-purchase of houses, construction works, transfer, lease, sub-lease of land use rights, transfer of land use rights. transfer the whole or a part of real estate project and made according to the form prescribed in this Decree.

4. Transfer of the entire real estate project means the transfer of the entire real estate project by the investor and the lawful rights, obligations and interests of the investor and related parties (if any). for that project to the transferee through a contract made in writing according to the provisions of this Decree and approved by a competent State agency.

5. Transfer of a part of a real estate project is the transfer by the investor of the part of the real estate project permitted for business and the legitimate rights, obligations and interests of the investor and related parties ( if any) for the part of the project transferred to the transferee through a contract made in writing according to the provisions of this Decree and approved by a competent State agency.

6. Transfer of a contract for purchase and sale or lease-purchase of a house or construction work means the transfer of all rights, responsibilities and obligations under the contract of purchase or lease-purchase of a house or construction work by the buyer or hire-purchaser. Other organizations and individuals approve the transfer of contracts made in accordance with this Decree.

Chapter II

SOME SPECIFIC PROVISIONS

Section 1. REAL ESTATE BUSINESS CONDITIONS

Article 4. Conditions for organizations and individuals trading in real estate

1. Organizations and individuals trading real estate must meet the following conditions:

a) Must establish an enterprise in accordance with the law on enterprises or a cooperative in accordance with the provisions of the law on cooperatives, having a business in real estate (hereinafter referred to as enterprise);

b) It must be publicized on the enterprise's website, at the head office of the Project Management Board (for real estate investment and business projects), at the real estate trading floor (for the case of real estate investment projects). business through the real estate exchange) information about the business (including name, head office address, contact phone number, name of the legal representative), information about real estate included doing business as prescribed in Clause 2, Article 6 of the Law on Real Estate Business, information on mortgages of houses, construction works, real estate projects put into business (if any), information on the number of , type of real estate products being traded, quantity and types of real estate products sold, transferred, lease-purchased and the remaining quantity and types of products that are still being traded.

As for the publicly available information specified at this point, which subsequently changes, it must be promptly updated immediately after the change;

c) Only trade in real estate that fully meets the conditions specified in Article 9, Article 55 of the Law on Real Estate Business.

2. In case an investor is selected to be the investor of a real estate project in accordance with law, such investor must have an equity capital of not less than 20% of the total investment capital for the project. projects with a land use scale of less than 20 hectares, not less than 15% of the total investment capital, for projects with a land use scale of 20 hectares or more. When conducting real estate business, the project investor must satisfy the conditions specified in Clause 1 of this Article.

The determination of equity specified in this Clause is based on the results of the most recent audited financial statements or the results of independent audit reports of the operating enterprise (made in the year or immediately preceding year); In the case of a newly established enterprise, the equity capital shall be determined according to the actual contributed charter capital in accordance with law.

Article 5. Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate on a small and irregular scale

Organizations, households and individuals that sell, transfer, lease, lease-purchase real estate specified 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 include:

1. Agencies or organizations selling houses and construction works, transferring land use rights due to bankruptcy, dissolution or division in accordance with law.

2. Agencies or organizations that sell, transfer, lease, lease-purchase real estate as public property in accordance with law.

3. Credit institutions, foreign bank branches, asset management companies of credit institutions (AMCs), asset management companies of Vietnamese credit institutions (VAMCs) sell houses, construction works, transfer of land use rights, transfer of real estate projects being used as guarantees or mortgages for debt recovery in accordance with law.

4. Organizations, households and individuals selling houses, construction works, transferring land use rights under decisions of courts or competent state agencies when settling disputes, complaints and denunciations fox.

5. Organizations, households and individuals that sell, lease, lease-purchase houses and construction works under lawful ownership, transfer, lease or sublease land use rights under lawful use rights. his law.

6. Organizations, households, and individuals that sell, lease, lease-purchase or transfer real estate they invest in construction but are not investment projects on real estate construction for business as prescribed. under the law.

Section 2. CONTRACTS AND TRANSFER OF REAL ESTATE BUSINESS CONTRACTS

Article 6. Real estate business contract

The sale, transfer, lease, lease purchase, sublease of real estate and transfer of real estate projects must be made into a contract according to the form specified below:

1. Contract for sale, purchase and lease-purchase of an apartment is specified in Form No. 01 of the Appendix issued together with this Decree.

2. Contract of sale, purchase, lease-purchase of tourist apartments, office apartments combined with accommodation specified in Form No. 02 of the Appendix issued together with this Decree.

3. Contracts for sale, purchase, and lease-purchase of separate houses specified in Form No. 03 of the Appendix issued with this Decree.

4. Contracts for purchase, sale, lease purchase of houses and other construction works other than those specified in Clauses 1, 2 and 3 of this Article specified in Form No. 04 of the Appendix issued together with this Decree.

5. Contracts for renting houses and construction works are specified in Form No. 05 of the Appendix issued together with this Decree.

6. The land use right transfer contract is specified in Form No. 06 of the Appendix issued with this Decree.

7. Contracts for lease or sublease of land use rights specified in Form No. 07 of the Appendix to this Decree.

8. The contract for the transfer of the whole (or part) of the real estate project specified in Form No. 08 in the Appendix to this Decree.

Article 7. Conditions for transfer of contracts for purchase and sale of future houses and for lease-purchase of existing houses and constructions

1. The transfer of contracts for purchase and sale of future houses and the transfer of lease-purchase contracts for existing houses and construction works does not apply to social housing purchase and sale contracts. .

2. The transfer of a contract for purchase and sale or lease purchase of a house or construction work must satisfy the following conditions:

a) Having a sale, purchase or hire purchase contract made according to the provisions of Article 6 of this Decree; where the parties have signed a contract before the effective date of this Decree, the signed contract must be signed;

b) The applicant has not submitted a dossier to request a competent state agency to issue a Certificate of land use rights and ownership of houses and other land-attached assets (hereinafter referred to as the Certificate);

c) Contracts of sale, purchase, lease purchase of houses or construction works must be free of disputes or lawsuits;

d) Houses and construction works under purchase and sale or hire-purchase contracts are not subject to distraint or mortgage to secure the performance of obligations as prescribed by law, unless otherwise agreed by the mortgagee. idea.

3. The transfer of contracts for purchase and sale or lease purchase of houses or construction works shall be carried out for the entire contract. In case of purchase, sale, lease-purchase of many houses or construction works under the same contract and the parties wish to transfer each house or construction work, the transferor must reach agreement with the investor to amend the contract. contract for sale, purchase, lease purchase of a house or construction work or sign an appendix to the contract before transferring the contract according to the provisions of this Decree.

Article 8. Order and procedures for transfer of purchase and sale contracts, lease purchase of future houses and lease purchase contracts of existing houses and construction works

1. The order and procedures for transferring future house purchase and sale contracts must comply with the housing law.

2. The order and procedures for transfer of lease-purchase contracts of future houses and lease-purchase of existing houses and construction works shall be carried out as follows:

a) The transferor and the contract transferee agree to make a contract transfer document according to the form specified in Form No. 09 of the Appendix to this Decree.

The contract assignment document must be made in 06 copies (02 copies are kept by the project investor, 01 copy is submitted to the tax authority, 01 copy is submitted to the certificate-receiving agency, 01 copy is submitted to the transferor. the contract is kept, 01 copy is kept by the transferee; In case the contract transfer document must be notarized, an additional 01 copy must be kept at a notarization practice organization.

If the transferor is an enterprise engaged in the real estate business, it is not required to notarize the transfer, unless the parties so request;

b) One of the parties submits a dossier requesting the notarial practice organization to certify the contract assignment document. Dossier of request for notarization include: originals of contract transfer documents; the original of the contract signed for the first time with the project investor, in case of transferring one or several houses and construction works out of the total number of houses and construction works that have been leased and purchased under the contract, the original contract must be submitted. contract or contract appendix showing the transferred house or construction work signed with the investor; papers proving the amount of money the transferor has paid to the project investor; the original or a certified true copy of the handover record of the house or construction work (if any) and other papers as prescribed by the notarization law;

c) After notarization (except for non-notarization cases), the contract transferors are responsible for paying taxes, fees and charges related to the contract assignment in accordance with law;

d) After implementing the provisions at Point c of this Clause, one of the parties shall submit a dossier requesting the investor to certify the contract assignment, including: 06 originals of the contract assignment document enclosed with the original contract. copper; In case of transfer of one or several houses and construction works out of the total number of houses and construction works that have been leased and purchased under a contract, the original contract or a contract appendix showing the house or construction work must be submitted. transfer signed with the investor; papers proving that tax has been paid or exempted according to the provisions of tax law;

dd) Within 05 working days from the date of receipt of the documents specified at Point d of this Clause, the real estate project investor is responsible for reviewing and certifying the contract transfer document and not collect any fees. After confirming in the contract transfer documents, the investor keeps 02 originals of the contract transfer document and returns to the submitter 04 contract transfer documents together with the papers received in accordance with the law. specified at Point d of this Clause;

e) From the date on which the contract assignment document is certified by the investor, the contract transferee may continue to perform the rights and obligations of the lessee to the investor according to the signed contract and the written contract. Contract transfer;

g) In cases where the contract is transferred from the second time onward, the transferor must comply with the procedures specified in this Article.

h) The last contract transferee is granted a Certificate by a competent state agency in accordance with the law on land.

3. For a real estate enterprise that receives a contract transfer, within a maximum of 05 days from the date of completion of the transfer specified at Point dd, Clause 2 of this Article, it must send a written notice of the transfer of the contract. the receipt of the contract transfer (including the name and address of the real estate project, the name of the enterprise transferring the contract, the number of contracts, the number of houses and construction works under the transfer contract) to the agency. central housing management to summarize and monitor.

Section 3. TRANSFER OF ALL OR PART OF REAL ESTATE PROJECTS

Article 9. Principles for transferring the whole or a part of real estate project

1. The transfer of the whole or a part of a real estate project shall be effected when all the conditions specified in Article 49 of the Law on Real Estate Business are satisfied and shall be applied in case the project is being implemented under the provisions of law. approved project schedule and contents.

2. For real estate projects specified below, the transfer shall be carried out in accordance with the provisions of the law on investment:

a) Real estate projects approved by investors according to the provisions of the Law on Investment in 2020;

b) Real estate projects are granted investment registration certificates in accordance with the provisions of the Law on Investment 2020.

3. Real estate projects not specified in Clause 2 of this Article shall be transferred in accordance with the Law on Real Estate Business and this Decree.

Article 10. Dossier for transfer of the whole or a part of real estate project

1. An investor's application for transfer of the whole or part of a real estate project includes:

a) An application for transfer of the whole or a part of the real estate project, made according to the form specified in Form No. 10 of the Appendix issued with this Decree;

b) The draft contract for the transfer of the whole or part of the real estate project as prescribed in Article 6 of this Decree;

c) Papers (copy and present the original for comparison or a notarized or authenticated copy when submitting the application) about the transferred real estate project, including: decision or approval of investment policy investment or investment permit or written approval of investment issued by a competent state agency; project approval decision; detailed planning 1/500 or drawing of the total ground; documents proving completion of project site clearance; papers proving that the investment in construction of corresponding technical infrastructure works has been completed according to the schedule stated in the project (for the case of transfer of the entire infrastructure construction investment project); Certificate for the project;

d) A report on the implementation of the real estate project up to the time of transfer using the form specified in Form No. 12 of the Appendix issued with this Decree.

2. A dossier of the transferee of the whole or part of a real estate project includes:

a) An application for transfer of the whole or part of the project, made according to the form specified in Form No. 11 of the Appendix to this Decree;

b) Certificate of enterprise registration or Certificate of investment registration or documents proving the establishment of the organization (copy and present the original for comparison or a notarized or authenticated copy when submitting the application). profile);

c) Papers proving financial capacity; prove the 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 that receive the transfer, they must have papers proving their financial capacity specified in Clause 2, Article 4 of this Decree.

Article 11. Procedures for transfer of all or part of a real estate project by the provincial People's Committee's decision on investment (investment policy decision, investment decision, investment approval document)

1. The project investor shall submit 01 set of documents directly or by post as prescribed in Article 10 of this Decree to the People's Committee of the province where the project is located or the housing management agency of the province (if applicable). authorized by the People's Committee of the province).

2. The agency assigned to assume the prime responsibility for appraisal shall organize the collection of appraisal opinions and conduct the appraisal of transfer dossiers according to the provisions of Article 13 of this Decree; submit to the People's Committee of the province for consideration and decision to permit the transfer; the form of decision on permission to transfer shall be made according to the provisions of Form No. 13 in the Appendix issued with this Decree. The maximum time for collecting opinions for appraisal, carrying out the appraisal and deciding to allow the transfer is 30 days from the date of receipt of a complete and valid dossier. If the application is not complete with documents as prescribed, the investor must supplement it according to regulations; The time for additional documents is not included in the processing time.

In case a real estate project or part of a project is ineligible for transfer, the application-receiving agency must notify the project investor in writing of the reason.

3. Within a maximum of 30 days from the date of issuance of the decision to permit the transfer of the project, the part of the real estate project, the transferor and the assignee must complete the signing of a model transfer contract. specified in Form No. 08 of the Appendix issued together with this Decree and complete the handover of the project, the part of the project to be transferred. The contract for the transfer of the project, the part of the project, is concurrently the contract for the transfer of the project's land use rights and the part of the project, except for the case of land lease with annual land rental payment.

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 the entire project file, the part of the project transferred to the transferee, the handover must be made in writing with signatures of the parties. The transferee is entitled to continue implementing the project or part of the project immediately after completing the tax and fee payment obligation and receiving the handover of the project or project part.

5. At least 15 days before handing over procedures, the transferor of the real estate project or part of the real estate project must notify in writing all customers and related parties (if any) to know and post it. at least 03 times in a row on a local newspaper or on a local television station or a central television station about the transfer of a project or a part of a project. In case the customer or related parties have opinions about their interests related to the project or part of the transferred project, the transferor is responsible for resolving it in accordance with the law before carrying out the procedures to discuss the project. project assignment, project section.

6. After signing the transfer contract, in the case of transfer of a project or part of a project associated with land use rights, the parties must carry out procedures for registration of changes in land according to the provisions of law. About land; In case of transfer of a project or part of a project attached to land with annual rental payment, one of the parties shall request a competent authority to recover the land to lease the land in accordance with the land law. .

7. Provincial-level People's Committees are responsible for publicly announcing the decision to permit the transfer of real estate projects or parts on the web portal of provincial-level People's Committees and housing management agencies. provincial level where the project is located and send this decision to the Ministry of Construction for consolidation and monitoring; The transferor and transferee must publicly announce this decision on the enterprise's website.

Article 12. Procedures for transferring the whole or part of a real estate project under the investment decision of the Prime Minister (decision on investment policy, investment decision, written approval of investment)

1. The investor of a real estate project shall submit, directly or by post, 01 set of documents specified 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 receipt of complete and valid dossiers, the provincial-level People's Committees are responsible for collecting appraisal opinions from relevant ministries and branches as prescribed in Article 13 of this Decree and submit to the Prime Minister for consideration and decision to permit the transfer; In case a real estate project or part of a project is ineligible for transfer, the People's Committee of the province must send a written notice to the project investor clearly stating the reason.

3. After the Prime Minister's decision permitting the transfer, the parties shall have to comply with the provisions of Clauses 3, 4, 5 and 6, Article 11 of this Decree.

4. The People's Committee of the province where the project or part of the project transferred is responsible for implementing the provisions of Clause 7 Article 11 of this Decree.

Article 13. Collecting opinions and appraising the transfer dossier of the whole or a part of real estate project

1. The agency in charge of appraisal specified in Articles 11 and 12 of this Decree shall have to send 01 set of dossiers specified in Article 10 of this Decree in person or by post to relevant agencies for review. obtain written appraisal opinions on the transfer of all or part of a real estate project according to the following provisions:

a) In case of transfer of the whole or part of a project specified in Article 11 of this Decree, the agency assigned to assume the prime responsibility for appraisal must obtain appraisal opinions from the agencies involved in the project. projects, part of projects transferred by the locality; the time limit for sending dossiers and getting appraisal opinions from relevant agencies is 15 days from the date of receipt of complete and valid dossiers;

b) In case of transfer of all or part of a project subject to the Prime Minister's permission, the People's Committee of the province must obtain appraisal opinions from the Ministry of Construction and relevant ministries and branches. to the project, part of the project is transferred; the time limit for sending dossiers and receiving appraisal opinions of ministries and branches is 25 days from the date of receipt of complete and valid dossiers;

c) In case the transferee is a foreign-invested enterprise and the transferred real estate project or part of the project is located in border communes, wards, townships, coastal areas or islands, the transferring agency shall: The appraisal maintainer must obtain additional appraisal opinions from the Ministry of National Defense and the Ministry of Public Security on assurance of national defense and security.

2. Contents of appraisal of application file for transfer of the whole or a part of real estate project include:

a) Compliance with business principles, real estate transfer, real estate projects and prohibited acts as prescribed in Articles 4, 8, and 48 of the Law on Real Estate Business and regulations of law. This Decree;

b) The papers in the transfer application file specified in Article 10 of this Decree;

c) Conditions of the transferred real estate project or part of the project as prescribed in Clause 1, Article 49 of the Law on Real Estate Business; In case the transferor or transferee of the project is a state-owned enterprise, additional conditions must be determined in accordance with the law on management and use of state capital invested in production and business at the enterprise. ;

d) Conditions of the transferor and transferee according to the provisions of Clauses 2 and 3, Article 49 of the Law on Real Estate Business and Article 4 of this Decree;

dd) Rights and obligations of the assignor and transferee as prescribed in Article 52 of the Law on Real Estate Business and the lawful rights and interests of related parties (if any).

3. Based on the appraisal opinions of relevant agencies specified in Clause 1 of this Article on the appraisal contents specified in Clause 2 of this Article and opinions of the Ministry of National Defense and the Ministry of Public Security (if any) , the agency in charge of appraisal shall report to the competent agency to consider and decide to permit the transfer of the whole or part of the project according to the provisions of Article 11 or Article 12 of this Decree. 

Chapter III

TERMS ENFORCEMENT

Article 14. Transitional provisions

1. In cases where a real estate business contract has been signed before the effective date of this Decree, the contract is not required to be re-signed in accordance with this Decree, unless the parties agree to re-sign the contract. accordance with the provisions of this Decree.

2. In case the parties are carrying out the procedures for signing a contract for sale, purchase and lease-purchase of a house or construction work, but by the effective date of this Decree, the parties have not yet signed the contract, they must sign the contract. contract under the provisions of this Decree.

3. In case the parties are carrying out procedures for transfer of lease-purchase contracts for future houses, lease-purchase contracts of existing houses or construction works, but by the effective date of this Decree, If the parties have not completed the transfer procedures, they may continue to carry out the remaining procedures in accordance with the provisions of this Decree.

4. In case the transfer of the whole or part of a real estate project is in progress, but by the effective date of this Decree, there has been a decision permitting the transfer of the competent authority and the parties have not signed the contract. transfer contract, the contract must be signed according to the provisions of this Decree.

5. In case the application for transfer of the whole or part of a real estate project has been submitted before the effective date of this Decree, but there is no decision to permit the transfer of a competent authority, the parties shall The previous procedure is not required, but the missing dossiers must be supplemented in accordance with this Decree (if any) in order to be considered and decided by the competent authority in accordance with the provisions of this Decree.

6. Enterprises and cooperatives that are engaged in real estate business are responsible for fully supplementing the conditions specified in Article 4 of this Decree within 06 months from the effective date of this Decree. enforce. Past the time limit specified in this Decree, without fully adding the conditions as prescribed, they are not allowed to do real estate business in accordance with the provisions of this Decree and relevant laws.

7. In case a Vietnamese citizen has been granted a citizen ID with a chip, a personal identification number according to the provisions of the Law on Citizen Identification and the national population database, the registration database If the investment register, the enterprise registration database is connected and operated, the database can be used as a substitute for papers related to personal identity (household registration, people's identity card, passport) and other personal identification papers) when carrying out procedures related to real estate and housing business in accordance with the law on real estate business and housing law.

Article 15. Responsible for implementing

1. Responsibilities of the Ministry of Construction:

a) Guide, monitor and urge the implementation of the provisions of the Law on Real Estate Business and this Decree;

b) Participate in the appraisal of the transfer of all or part of a real estate project in accordance with this Decree and relevant laws;

c) Assume the prime responsibility for, and coordinate with relevant agencies in, researching and promulgating according to their competence or submitting to competent authorities for promulgation legal documents on real estate business;

d) To assume the prime responsibility for, or coordinate with relevant agencies in, inspecting, examining and handling violations in the field of real estate business in accordance with law;

dd) Perform other tasks specified in the Law on Real Estate Business, this Decree or as assigned by the Government or the Prime Minister.

2. Relevant ministries and branches are responsible for guiding, urging and implementing the provisions of the Law on Real Estate Business and this Decree within the scope, functions and assigned tasks.

3. The People's Committees of the provinces and centrally-run cities are responsible for:

a) Organize and direct the implementation of the provisions of the Law on Real Estate Business and this Decree in the locality; direct the local housing management agency and relevant local agencies to inspect the signing of real estate business contracts in the locality according to the provisions of this Decree;

b) The decision to permit the transfer of the whole or part of the real estate project in accordance with the provisions of this Decree; preside over the appraisal and submission of dossiers of request for transfer of the whole or a part of real estate projects under the transfer-permissive competence of the Prime Minister;

c) Organize or direct the inspection, examination and handling of violations in the field of real estate business according to its competence and according to the provisions of law;

d) Report to the Ministry of Construction on the situation of real estate business and real estate market in the locality every 06 months or at unexpected request for the Ministry of Construction to summarize and report to the Government and Prime Minister government;

dd) Perform other tasks specified 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 takes effect from September 01, 3.

2. This Decree replaces Decree No. 76/2015/ND-CP dated September 10, 9 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 conditions for organizations and individuals trading in real estate, the making and signing of real estate business contracts, and the transfer of contracts contract for sale, purchase, lease-purchase of future housing, lease-purchase of existing houses, construction works, the transfer of all or part of real estate projects specified in Government Decrees, Decisions Decrees of the Prime Minister, legal documents promulgated by ministries, branches and provincial-level People's Committees before the effective date of this Decree, which have contents governed by this Decree. This Decree shall comply with the provisions of this Decree.

4. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities are responsible for the implementation of this Decree.