As ATA previously updated Decree No. 10/2023/ND-CP amending and supplementing several articles of decrees on instructions for implementation of the law on land, we assume that the provisions of this Decree are not enough basis to issue a "red book" (Certificate of land use right) to purchasers who buy tourist apartments (condotels)/ office apartments combined with accommodation (officetel)…
On May 15, 2023, the Ministry of Natural Resources and Environment issued Documentary 3382/BTNMT-DD (“Documentary 3382”) to clarify and guide localities in the certificate issuance procedures for ownership of land use rights, ownership of houses and land-attached construction works (“Certificate”) for condotel/officetel…
According to Documentary 3382, the transferee of condotel/officetel apartments is officially granted a Certificate of ownership for each apartment. However, the contents of the Certificate will be recorded as follows:
- Form of land use: general use.
- Land use term: according to the term of the condotel/officetel construction project….
- Land use purpose: according to the decision on land allocation or land lease, permission to change the land use purpose for the project.
Moreover, in order to be able to be granted a separate Certificate for each apartment, the investors have to recognize each apartment as a project work part/item in one of the legal documents according to Clause 4, Article 32 of Decree No. 43/2014/ND-CP (amended and supplemented by Decree No. 01/2017/ND-CP) are decision on approval of investment project, decision on project investment project, investment license, investment certificate, investment registration certificate issued by a competent authority, decision approving detailed construction planning, construction permit of the project work.
Documentary 3382 takes effect from the date of signing.
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