c) The assignee of the contract must be eligible to purchase and own houses in Vietnam under Vietnam law at time of transfer contracts;
d) The assignee contract must commit compliance with the agreement of the Seller and the Purchaser in this Agreement.
4. In both cases referred to in paragraphs 1 and 2 of this Article, the acquisition of housing or the assignee Purchase Agreement apartments are entitled to the rights and fulfill the obligations of the Purchaser as agreed in the contract This Agreement and the rules manager The use condominium attached hereto.
Article 11. The private ownership, common ownership and the use of apartments in condominiums
1. Buyer is proprietary to area apartment purchased under agreements of this contract and the technical equipment used exclusively attached to this apartment; have ownership, used for the area, jointly owned equipment in condominiums defined in paragraph 3 of this Article.
2. The area and technical equipment owned by the Seller particular include: The apartments unsold cars parks for a fee, land use public service for cluster condominiums which the Seller retains, not sell nor assign the value of this private ownership into apartment price for the apartment owners (except tanks and systems engineering).
3. The area and equipment under common ownership, common use of the owners in condominiums include:
a) The area under the common ownership of the condominium owners include: space, corridors, stairways, elevators, terraces, frames, columns, load-bearing walls, house walls, the walls dividing the apartments, floors, roofs, escape routes, septic tanks, walkways , playing field and the other part is not under private ownership of the condominium owners;
b) The area other than the area under the private ownership of the condominium owners stipulated in paragraph 1 of this Article;
c) parking for a fee (bike, disabled vehicles, two-wheeled motor vehicles) were built according to building codes and may be located in the basement or on the first floor or in other areas in or outside the apartment building.
d) The equipment used for the condominium general provisions of Clause 3 of Article 70 of the Housing Law.
4. Both sides agreed to the deal operational management fee condominiums as follows:
a) From the time the Seller handed over the apartment to the Purchaser under the provisions of Article 8 of this Agreement as of the Board of Management Condominium was established and contract management, commissioning housing units operational management, fee management and operation of condominiums must comply with local regulations where condominiums and regulations the law is concerned.
b) After Moderators condominium is established, the list of jobs, services, fees, and the fee for management and operation of condominiums will by the general meeting decided and settled by the Managing Board condominium agreement with operation management unit condominium.
c) Where the People's Committees of provinces and cities under central authority where condominiums have rules about the operational management fee apartments, the fees are closed under the provisions of the State, unless the parties agree otherwise.
Article 12. The responsibilities of the two parties and the handling of violation Contract
1. The two sides agreed to form handle violations when the Purchaser delay payment for the apartment is as follows:
a) If more than 01 days from the due date of the payment for the apartment as agreed in paragraph 3 of Article 3 of this contract that the Buyer does not make payment, interest will be charged on the overdue amount at the interest rate for late payment of overdue credit 150% interest in the same period last term Bank's Development City Development, a branch of Vung Tau and is calculated starting from the day to day implementation of payment to pay;
b) In the course of implementing this Agreement, if the total duration of the Purchaser late payment of all round to pay as agreed in paragraph 3 of Article 3 of this Agreement exceed 30 days, the Seller has the right to unilaterally terminate the contract in accordance with the provisions of Article 15 of this Agreement.
In this case the Seller is entitled to sell apartment for other clients without the consent of the Purchaser and the Seller is not responsible for the property of the Buyer in the apartment if the Buyer has taken delivery of the apartment. Seller will refund the amount to which the Purchaser has paid (without interest) within 15 days of the Seller Purchase Agreement signed this apartment to other buyers and withheld indemnities regarding Buyer violated the Contract, including:
- A fine of 12% (twelve percent) price of the apartment;
- Interest for late payment from the due date until the date the Seller notified the Buyer of the unilateral termination of contract. Where the Buyer proactively informed consent in writing to terminate the Contract, the interest will be calculated from the due date until the date the Seller receives notice of the Purchaser;
- Depreciation apartment (if available ) since the Purchaser taking over the ho
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