Why can’t a “pink book” be issued for tourism real estate in the past 7 years?
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.
Grandfather Le Hoang ChauChairman of the Ho Chi Minh City Real Estate Association (HoREA) said that based on current legal regulations, the provincial Department of Natural Resources and Environment was able to carry out the procedure to issue a “pink book” for apartments. tourism, tourist villas, tourist townhouses, tourist shops (tourist shophouses), office apartments… in construction investment projects with accommodation and tourism functions.
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 (condotels), office apartments (officetels), and serviced apartments located in a mixed-purpose apartment building, the residential land use regime (stable and stable). long-term) according to the provisions at point b, clause 1, Article 3 of Decree No. 43/2014, as amended and supplemented in Clause 1, Article 2 of Decree No. 01/2017.
According to this association, the legalization of “residential land without forming residential units” is not consistent with current legal provisions, such as Clause 1, Article 125 of the 2013 Land Law, which stipulates that land users can use land stably. long-term determination in the case of residential land used by households or individuals. Because it is “residential land”, it must be associated with “forming residential units”.
Mr. Le Hoang Chau, Chairman of Ho Chi Minh City Real Estate Association (HoREA).
HoREA He also said that there are some localities that arbitrarily grant certificates of ownership of tourist apartments (condotels) on residential land that do not form residential units. “The fact that localities arbitrarily set up the concept of residential land without forming units has been examined and inspected by competent authorities and concluded that it is against the provisions of the Land Law,” HoREA Chairman stated. .
According to HoREA, the reason why in the past 7 years, it was not possible to issue a “pink book” for tourist real estate, including “tourist apartments”.condotel)” is due to the Form “Certificate (pink book)”. However, all factors related to “tourist apartments” are not regulated in the Law on Real Estate Business 2014, or the Law on Construction 2014.
Therefore, the Association proposed the Government to direct and assign the Ministry of Construction to assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Culture, Sports and Tourism, and the Ministry of Justice to organize thoroughly and guide the implementation. Decree No. 02/2022/ND-CP, which contains the Appendix “Contract for purchase and sale/lease-purchase of tourist apartments (or office apartments combined with accommodation)” (specified at Point a, Clause 1, Article 15). Decree No. 02/2022/ND-CP).
At the same time, guide the issuance of “Certificate (pink book)” recognizing the ownership of accommodation and tourism real estate, including tourist apartments (condotels) for investors with land use rights. has a term according to the term of the project, not exceeding 50 years and is considered for extension of the land use right if the land user needs it, according to the provisions of the land law.
At the same time, the Association suggested that when considering the “Proposal of the Law on Real Estate Business (amended)”, it is necessary to “legalize” the contents of Clause 2, Article 6 of Decree No. 02/2022/ND-CP with the following provisions: regulations on: “private ownership and common ownership of tourist apartments (condotel)”; “determining the usable area of the apartment and other areas in the tourist apartment building (condotel)”; “Conference on tourist apartment building (condotel)”; “Management board of tourist apartment building (condotel)”; “Management and operation of tourist apartment building (condotel)”; “Maintenance of tourist apartment building (condotel)”; “Expense for maintenance of the shared part of a tourist apartment building (condotel) with many owners”, similar to the 2014 Housing Law stipulates for apartments and condominiums.
at Blogtuan.info – Source: cafebiz.vn – Read the original article here
