According to the Real Estate Association of Ho Chi Minh City, despite the Decree, there are still a number of associations and associations that organize “talks” to continue to propose “rescue” tourism real estate. Proposal “to legislate residential land without forming residential units” shows signs of “local interests”.
There is a Decree that still recommends “rescue”
In the petition just sent to the Prime Minister and the Ministry of Construction, the Ho Chi Minh City Real Estate Association (HoREA) said that the Government has issued Decree 02/2022 detailing the implementation of a number of articles of the Law. Real estate business takes effect from March 1, 2022.
According to the Association, based on current legal regulations, the provincial Department of Natural Resources and Environment was able to carry out the procedure for issuing “pink books” for tourist apartments, tourist villas, tourist townhouses, tourist shops (tourist shophouses), office apartments… in construction investment projects with functions of accommodation and tourism.
As for the resort projects built on commercial and service land (as defined in Article 153 of the Land Law 2013) belonging to the non-agricultural land use term with the term of the project, no more than 50 years and may be considered for extension of the land use right if the land user wishes, according to the provisions of the law on land.
Particularly in the case of tourist apartments (condotel), office apartments (officetels), serviced apartments (serviced apartments) located in apartment buildings with mixed purposes may apply the residential land use regime (long-term stability) as prescribed at Point b. Clause 1, Article 3 of Decree No. 43/2014 is amended and supplemented in Clause 1, Article 2 of Decree No. 01/2017.
However, according to HoREA, now there is a “strange” phenomenon that although the Government has issued Decree No. 02/2022 very specific and reasonable, recently there are still a number of associations and associations continuing to organize seminars and workshops to continue to propose “rescue” tourism real estate.
Accordingly, many recommendations were made such as the need to identify tourism real estate or remove legal bottlenecks for the tourism real estate market to develop or create a legal framework for real estate business. tourism property or need to soon settle the 30 billion USD in assets that are “stuck” to protect the interests of businesses and investors; or it is necessary to legislate “residential land without housing units”; to the issue of the need for sub-law documents on the issuance of ownership certificates for tourist real estate.
“The Association realizes that all of the above “recommendations” have been handled in accordance with the current legal provisions of the Land Law 2013, the Law on Land. Real estate business 2014, Decree 43/2014/ND-CP, Circular 03/2021/TT-BXD and especially after the Government’s Decree No. 02/2022/ND-CP issued on January 6, 2022 (effective force from March 1, 2022)” – emphasized Mr. Le Hoang Chau, Chairman of HoREA.
“Law on residential land without forming residential units” shows signs of local interest
Also in this document, the Association raised its point of view on the proposal “to legislate residential land without forming residential units”. This is also a central goal of recent “scientific talks” and “scientific conferences”.
The association frankly said that the proposal “to legitimize residential land without forming residential units” aims to protect the interests of enterprises and investors with signs of “local interests”, not necessarily because of the transparent, healthy, stable and sustainable development of the tourism real estate market.
HoREA also analyzed and pointed out the inconsistency and lack of “logic” with the Politburo’s Resolution 08-NQ/TW dated January 16, 2017 “On developing tourism to become a spearhead economic sector” in There is no orientation towards resorts with “residential land not forming residential units”.
The association mentioned the fact that there are some localities that arbitrarily grant certificates of ownership of tourist apartments (condotels) on residential land that do not form residential units. Meanwhile, the fact that localities arbitrarily set up the concept of “residential land without forming residential units” has been examined and inspected by competent central agencies and concluded that it is contrary to the provisions of the Government. Land Law.
“The proposal to “lawify residential land without forming residential units” is not in accordance with current legal regulations”, HoREA’s document sent to the Prime Minister and the Ministry of Construction stated.
This is the assertion of the Minister of Natural Resources and Environment Tran Hong Ha at the question-and-answer session in March.
Answering legal questions about the types of real estate condotel, officetel, shophouse… The Minister affirmed that if talking about land law, there are no problems.
Minister said, next time, when amending Law of the Land will consider clarifying the criteria for residential land, commercial and service land, the same plot of land will co-exist with residential land and commercial and service land to have a clearer definition.
“If it is commercial and service land, the use right is granted for 50 years, after the expiration of the term, it is revoked. During the implementation of the project, the pink book is still issued to optimize the asset value. As for residential land, it is a long-term grant of rights, if a locality does something wrong, that locality must be adjusted, “Minister Ha affirmed.
In fact, over the past time, many customers have spent billions to buy villas and condotel apartments in real estate projects created by Khanh Hoa province “residential land without forming residential units” in violation of regulations. benefits are not guaranteed.
As a project near Cam Ranh airport, Khanh Hoa, over the past time, dozens of customers buying villas in this project have taken to the streets to stretch banners, requesting Khanh Hoa provincial authorities to hold a dialogue. 3 sides.
According to the customer, the signed contract clearly states that the type of ownership of the land plot is long-term residential land – Residential land does not form residential units. However, so far, since the completion of financial obligations under the contract, the customer has not received the certificate of land use right.
Mr. Tran Xuan Luong, PhD in Real Estate – National Economics University, said that condotel buyers are confused between amending the law to be legal, to issue a long-term red book like a house is completely absent. . As residential land, there must be infrastructure planning, electricity, roads, stations, etc. to serve for living. And this is land for commercial and service businesses.
“There is no need to amend the law to rationalize the long-term red book for this type of property if it is built on commercial and service land. Amending the law here is to supplement to avoid the phenomenon of investors taking advantage of “loopholes” in the law, while people clearly understand the nature of this type of real estate to invest, “- Mr. Luong said.
The Minister of Natural Resources and Environment (TN-MT) affirmed that commercial and service land is granted a 50-year use right, can still be issued a pink book, after the expiration of the term, it is recovered, residential land is granted a long-term right, which locality does wrong must be adjusted.
at Blogtuan.info – Source: vietnamnet.vn – Read the original article here