Công văn 703/BTNMT-TCQLĐĐ năm 2020 hướng dẫn về chế độ sử dụng đất và việc chứng nhận quyền sở hữu công trình xây dựng không phải nhà ở do Bộ Tài nguyên và Môi trường ban hành

To: Departments of Natural Resources and Environment of provinces and central-affiliated cities

In implementation of Directive No. 11/CT-TTg dated April 22, 2019 of Prime Minister on solutions to promoting sustainable and health development of immovable property, in which Ministry of Natural Resources and Environment is assigned to issue documents providing guidelines on land use policies applied to new model of immovable property (condotels, tourist villas, officetels, etc.) as per the law, Ministry of Natural Resources and Environment hereby provides guidance on land use policies and ownership certification of non-residential constructions as follows:

1. Land use policies and land use term

Pursuant to Article 48 of Law on Tourism dated 2017, condotels and tourist villas are tourist accommodation establishments and provision of accommodation services in the condotels and tourist villas are a model of tourism services and listed under accommodation and food service category specified in the Vietnam Standard Industrial Classification attached to Decision No. 27/2018/QD-TTg dated July 6, 2018 of Prime Minister on Vietnam Standard Industrial Classification.

Pursuant to Point dd Clause 2 Article 10 of Land Law and Annex No. 1 attached to Circular No. 27/2018/TT-BTNMT dated December 14, 2018 of Ministry of Natural Resources and Environment on land stocktaking and inventory and preparation of current land use maps, land used for service provision is considered to be land for commercial and services.

According to policies on land for commercial and services specified in Article 153 of Land Law and land use term specified in Clause 3 Article 126 of Land Law, period of land rented for commercial and service purposes shall be considered and decided based on investment projects or land rent applications without exceeding 50 years, and 70 years in case of projects with large investment capital and slow capital recovery, investment projects in areas with socio-economic hardships or  areas with severe socio-economic hardships; upon expired, a land user that wishes to continue to use the land shall be considered for extension of land use term.

2. Issuance of certificates

In case of projects having condotels and tourist villas eligible for transfer according to Law on Real Estate Trading, certifying ownership of the construction on behalf of the transferees shall follow Article 32 of Decree No. 43/2014/ND-CP dated May 15, 2014 of Government on elaborating to Land Law, Clause 22 Article 2 of Decree No. 01/2017/ND-CP dated January 6, 2017 of Government on amendments to Decrees on elaborating to Land Law

Procedures for application for the certificates are specified in Article 70 and Article 79 of Decree No. 43/2014/ND-CP and Article 8 and Article 9 of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of Minister of Natural Resources and Environment on cadastral dossiers; Clause 8 Article 6 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 of Minister of Natural Resources and Environment on elaborating to Decree No. 01/2017/ND-CP dated January 6, 2017 of Government on amendments to Decrees on elaborating to Land Law and amendments to Circulars providing guidelines on implementation of Land Law.

Ministry of Natural Resources and Environment hereby requests Departments of Natural Resources and Environment of provinces and central-affiliated cities to examine all approved investment projects and land assignment, land rent under each project to determine land use purpose and land use term according to land laws. In case certificates are eligible for issuance according to land laws and other relevant law provisions, issuance of the certificates for land users and owners of assets attached to land must preserve legal rights and benefits of land users and owners of assets attached to land without changing the scale, objectives or plannings of the projects./.

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