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New non-residential real estate rules in VN

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Condotel projects in the central city of Da Nang. The Ministry of Natural Resources and Environment has sent a document to local authorities to regulate the licensing of non-residential property projects. VIET NAM NEWS/ANN

New non-residential real estate rules in VN

Vietnam's Ministry of Natural Resources and Environment on Friday sent a document to local departments to regulate the use and certification of non-residential real estate projects.

The use and certification of non-residential property such as condotels have been a problem for years in the country. The downtrend in the condotel segment has also been attributed to unsolved problems regarding land use certificates for investors.

In the document, the ministry listed some items regarding obligations and terms for non-residential property projects.

According to Article 48 of the Law on Tourism 2017, condotels and other non-residential real estate products are considered accommodation and food businesses. They are bound by Decision 27/2018/QD-TTg issued by Prime Minister Nguyen Xuan Phuc on July 6, 2018.

According to Item 2, Article 10 of the Law on Land and Appendix 01 attached to Circular 27/2018/TT-BTNMT issued by the ministry on December 14, 2018, property areas used for commercial purposes must be classified as commercial land.

The use and terms of use for commercial land investors are regulated in Articles 126 and 153 of the Law on Land.

According to the articles, institutional investors may rent and use the land for commercial purposes for a maximum of 50 years. The term of use may be extended up to 70 years for large-scale projects located in disadvantaged areas with low profits.

The ministry’s latest document states that if a non-residential property meets the transfer requirements regulated by the Law on Real Estate Trading, it is subject to Article 32 of Decree 43/2014/ND-CP dated May 15, 2014 by the government.

The ministry also asked provincial departments of natural resources and environment to review the licences given to local property sites regarding their purposes and terms of use.

The licences must assure investor’s obligations and interests in accordance with existing rules, and the investor must not change the scale, purpose or planning of the project.

Ho Chi Minh City Real Estate Association (HoREA) said the ministry had forgotten to include other types of non-residential real estate products in its latest document.

“The document only mentions condotels but ignores shoptels,” HoREA said in a statement sent to the ministry.

HoREA asked the ministry to amend the document to include the concept of a shoptel, which are usually built inside resorts and sold to secondary investors.

The association also suggested there must be a private area and a shared area for each condotel and the price of condotels must be based on those two areas just like regular apartments.

HoREA recommended the concept of a condotel must be amended from “an accommodation apartment” to “a travel apartment”.

VIET NAM NEWS/ASIA NEWS NETWORK

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