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100,000 condotel apartments are waiting for the pink book in the past 8 years

HoREA has just sent the Prime Minister to comment on Clause 6, Article 1 of the Draft Decree amending and supplementing a number of decrees detailing the implementation of the Land Law, supplementing Article 32a of Decree 43/2014/ND-CP .

In the comments, HoREA said that in the past 8 years, localities have not yet issued certificates of ownership of non-residential construction works for non-residential constructions. .

There are a number of localities that have arbitrarily granted certificates of ownership of condotel apartments and created the concept of “residential land not forming residential units”. This has been examined and inspected by competent central agencies, and concluded that it is contrary to the provisions of the 2013 Land Law.

Therefore, almost the owners of construction works are hotels, apartments – hotels, accommodation offices, tourist villas, resort apartments, tourist motels and other constructions. (are works for the purpose of accommodation and tourism) in the past 8 years have not been granted a certificate of ownership of the construction work that is not a house, serving the purpose of accommodation and tourism.

Mr. Le Hoang Chau, Chairman of HoREA, said that the delay in granting “pink books” for “construction works that are not houses, serving accommodation and tourism purposes”, including condotel apartments, completely It is not caused by the provisions of the Land Law, but the main reason is that the Law on Construction and the Law on Real Estate Business have not yet specified.

Accordingly, in order to comply with the regulations on the issuance of the Certificate, there must be a document on the transaction in accordance with the provisions of the law, which here must comply with the provisions of the Law on Construction, the Law on Real Estate Business.

At the same time, the Law on Tourism is not synchronized and not connected. In addition, there are reasons for local law enforcement.

Therefore, HoREA Chairman proposed to amend Clause 6, Article 1 “Draft Decree” and supplement “Article 32a” of Decree 43/2014/ND-CP as follows: “Article 32a. Issuance of Certificate of Property Rights” Owners of construction works are hotels, apartments – hotels, accommodation offices, tourist villas, resorts, tourist apartments, tourist motels and other constructions (works for storage purposes). accommodation, tourism) on commercial and service land.

Owners of construction works are hotels, apartments – hotels, accommodation offices, tourist resorts, tourist apartments, tourist motels and other works (works serving public purposes). accommodation or tourism purposes) to be granted a certificate of ownership must fully satisfy the conditions prescribed by the law on construction and the law on real estate business.

In addition, Mr. Chau further suggested that when considering amendments to the 2014 Real Estate Business Law, 2014 Construction Law, 2013 Land Law, 2017 Tourism Law, consider adding legal provisions to adjust the contract. Ministry of construction investment, business, operation management for the type of “construction works other than houses, serving the purposes of accommodation and tourism”.

https://cafef.vn/100000-can-ho-condotel-mon-moi-cho-so-hong-trong-8-nam-qua-20220505164156686.chn


According to Phong Linh

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