04 new regulations on issuance of certificate of land use rights in Vietnam effective from May 20, 2023? Supplementing regulations on issuing certificate of land use rights for condotel?
- Supplementing regulations on issuing certificate of land use rights for condotel?
- More detailed regulations on online procedures for issuance of certificate of land use rights in Vietnam?
- Amending the competence to issue Certificate of land use rights from May 20, 2023?
- Supplementing documents when issuing Certificate of land use rights for construction works?
Supplementing regulations on issuing certificate of land use rights for condotel?
The conditions for issuing a certificate of land use rights to a condotel are as follows:
Pursuant to the provisions of Clause 5, Article 32 of Decree No. 43/2014/ND-CP supplemented by Clause 4, Article 1 of Decree No. 10/2023/ND-CP, Condotel works are granted certificates of ownership of construction works attached to land according to the commercial or service purposes of land if any of them satisfies the conditions set forth in:
- Law on land;
- Law on construction;
- Law on real estate business.
Thus, the owner of the construction work is legally responsible for fully meeting the conditions as prescribed by the law mentioned above.
Regarding issuance of certificates of ownership of condotel works:
In Clause 4, Article 1 of Decree No. 10/2023/ND-CP, a number of new regulations have been added to refer to the tourist accommodation model (condotel) as follows:
Amendments and supplements to several Articles of the Decree No. 43/2014/ND-CP dated May 15, 2014, elaborating on the implementation of certain Articles of the Law on Land
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Adding clause 5 to Article 32 as follows:
“5. For construction projects developed to serve travel accommodation purposes as prescribed in laws on tourism on commercial or service land, if any of them satisfies the conditions set forth in laws on land, construction and real estate business, the ownership of that construction project attached to land is certified according to the commercial or service purposes of land as prescribed in clause 3 of Article 126, and clause 1 of Article 128 in the Law on Land. Owners of these construction projects shall be held legally responsible for strict compliance with the conditions prescribed in law on construction and law on real estate business.
Certification of ownership of the construction project specified in this clause shall be subject to clause 1, 2, 3 and 4 of this Article. That Certificate of ownership shall include particulars, right purposes and use term of a parcel in accordance with laws.”
Thus, condotel works will be granted a certificate of ownership of construction works attached to land according to the purpose of commercial and service land use if they meet all prescribed conditions.
According to that, the certification of ownership of condotel works is carried out according to the provisions of Clause 1, Article 32 of Decree No. 43/2014/ND-CP, Clause 2, Article 32 of Decree No. 43/2014/ND-CP, Clause 3. Article 32 of Decree No. 43/2014/ND-CP and Clause 4 Article 32 of Decree No. 43/2014/ND-CP.
The presentation of information about the land plot on the Certificate must be in accordance with the purpose and duration of land use as prescribed by law.
04 new regulations on issuance of certificate of land use rights in Vietnam effective from May 20, 2023? Supplementing regulations on issuing certificate of land use rights for condotel?
More detailed regulations on online procedures for issuance of certificate of land use rights in Vietnam?
According to Point b, Clause 7, Article 1 of Decree No. 10/2023/ND-CP, in case of carrying out administrative procedures for registration and issuance of Certificates in the electronic environment as follows:
- Based on specific conditions relating to land-related information technology infrastructure and land databases put under their management, agencies receiving and handling land-related applications specified in this Article shall be responsible for receiving and notifying decisions on land-related applications online according to the Government's regulations.
- Online administrative procedures for registration and grant of Certificates shall be implemented as follows:
An agency receiving and notifying decisions on land-related applications shall be responsible for following land-related administrative processes and procedures prescribed in laws on land; when needing to verify land-related applications, or failing to issue decisions on land-related applications within the prescribed time limits for handling of land-related applications due to other causes, the agency receiving and handling land-related applications shall send applicants notifications issued in writing or via the Public Service Portal or SMS, clearly stating reasons for those actions.
Land users and land-attached property owners shall be responsible for meeting financial obligations pursuant to laws directly or online via the payment solution embedded into the Public Service Portal.
The application receiving agency or the application handling agency shall request the applicant to submit the original Certificate, enclosing other documents as legally required, after the land user has fulfilled financial obligations.
Decisions on applications for registration of land and other land-attached property; for issuance, replacement or reissuance of Certificates shall be issued at offices of land-related application receiving agencies or by public post, or to the given addresses of recipients.
Amending the competence to issue Certificate of land use rights from May 20, 2023?
According to the provisions of Clause 5, Article 1 of Decree No. 10/2023/ND-CP amending and supplementing Article 37 of Decree No. 43/2014/ND-CP related to the competence to issue certificates of land use rights in the case specified in Clause 4 Article 95, Clause 3, Article 105 of the 2013 Land Law of Vietnam as follows:
For administrative subdivisions where Land Registration Offices have set up, Certificates or endorsement of changes in the existing Certificates may be granted, subject to the following regulations:
- Land Registration Offices are authorized to deal with applications for Certificates or endorsement of changes in Certificates submitted by religious organizations and institutions; overseas Vietnamese executing investment projects; foreign entities and persons; foreign-invested enterprises;
- Branches of Land Registration Offices or Land Registration Offices are authorized to deal with applications for Certificates or endorsement of changes in Certificates submitted by family households, individuals, residential community and overseas Vietnamese permitted to own houses attached to land use rights in Vietnam;
In addition, Land Registration Offices and Branches of Land Registration Offices are authorized to use their own seals affixed to grant Certificates or endorsement of changes in the existing Certificates.
Compared to the old regulations, the people can carry out the procedures for issuing certificates of land use rights at the Land Registration Office without going to the Department of Natural Resources and Environment.
Supplementing documents when issuing Certificate of land use rights for construction works?
According to Point b, Clause 1, Article 72 of Decree No. 43/2014/ND-CP as amended by Clause 11 Article 1 of Decree No. 10/2023/ND-CP, for real estate business projects other than housing development projects, after completing the projects mentioned hereunder, investors shall be responsible for submitting the following documents to the Departments of Natural Resources and Environment:
- The Certificate; the documentary evidence of the investor’s discharge of financial obligations.
If there is any change in financial obligations, the documentary evidence of discharge of financial obligations arising from such change shall be needed (except when the investor is granted exemption from submission or permission for late submission prescribed in laws);
- The floor plan conformable to the actual construction condition and the contract already in effect;
- The notification that a specialized construction authority issues to grant the investor permission for acceptance testing of an item of work or a construction work, or approval of results of acceptance testing of an item of work or a construction work under laws on construction;
- The list of assets.
Decree No. 10/2023/ND-CP takes effect from May 20, 2023
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