The Ministry of Natural Resources and Environment guides the issuance of red books for condotels and officetels

The Ministry of Natural Resources and Environment (TN&MT) has issued Official Letter No. 703/BTNMT-TCQLĐD sent to the Departments of Natural Resources and Environment of the provinces and centrally-run cities to guide the issuance of red books for condotels, officetels… Red books for real estate This tourist property is considered as a certificate of ownership of the non-residential construction.

The land use regime and the certification of ownership for real estate, including tourist apartments (condotels), tourist villas are one of the most concerned issues in the field of tourism real estate. calendar in particular. There have been many opinions that the decline of condotels stemmed from information sources, inadequate guidance in the land use regime, and the issuance of red books for condotels.

Previously, the Prime Minister issued Directive No. 11 on a number of solutions to promote the healthy development of the real estate market. In particular, the content requires the MONRE to provide specific guidance on land use regimes for a number of new types of real estate such as tourist apartments (condotels), tourist villas (resort villas), offices combined with residence (officetel)… in accordance with the law.

Condotel will be granted a red book with a term of 50 years

According to the Ministry of Natural Resources and Environment, the land lease term for organizations to use for commercial and service purposes is considered and decided on the basis of an investment project or an application for land lease. no more than 50 years.

The land lease term shall not exceed 70 years, with:

• Projects with large investment capital but slow capital recovery;
• Investment projects in areas with difficult or extremely difficult socio-economic conditions that require a longer duration;
• If the land user wishes to continue using it, the state will consider extending it.

The document of the Ministry of Natural Resources and Environment also states, in the case of projects with tourist apartments and tourist villas that are eligible for transfer under the provisions of the Law on Real Estate Business The certification of ownership of construction works to the transferee shall comply with the provisions of:

• Article 32 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law, Clause 22, Article 2 of Decree No. 01/2017/ND- The Government’s CP dated January 6, 2017 amends and supplements a number of decrees detailing the implementation of the Land Law.

Regarding the order, procedures and dossiers of application for the Certificate are specified in:

• Article 70, Article 79 of Decree No. 43/2014/ND-CP and Article 8, Article 9 of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment Regarding cadastral records, Clause 8 Article 6 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 of the Minister of Natural Resources and Environment detailing Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the circulars guiding the implementation of the Land Law.

Some other terms to consider:

• Point dd, Clause 2, Article 10 of the Law on Land and Appendix 01 issued together with Circular 27 issued in 2018 by the Ministry of Natural Resources and Environment stipulating the use of land for business and service purposes in the category of commercial and service land;
• The mode of using this type of land is clearly stated in Article 153 of the Land Law;
• The land use term is specified in Clause 3, Article 126 of the Land Law.