Supplementing regulations on certification of ownership of non-residential constructions in Vietnam works used for tourist accommodation purposes (Tentative)?
- How to certify ownership of non-residential constructions in Vietnam works for individual households according to current regulations?
- How to certify ownership of non-residential constructions in Vietnam works for organizations according to current regulations?
- Supplementing regulations on certification of ownership of non-residential constructions in Vietnam works that are used for tourist accommodation purposes?
How to certify ownership of non-residential constructions in Vietnam works for individual households according to current regulations?
According to Clause 1, Article 32 of Decree 43/2014/ND-CP guiding the implementation of the Land Law:
"Article 32. Certification of ownership of non-residential construction works
Owners of non-residential construction works shall be certified with ownership rights in accordance with the following provisions:
1. Domestic households, individuals and residential communities must have one of the following papers:
a) A work construction permit, for cases where a construction permit is required in accordance with the construction law.
In case the work has been built not in accordance with the issued construction permit, a written opinion from the agency competent to grant construction permits must be obtained, certifying that the construction area is not in accordance with the permit and does not affect safety. the work and now conform to the construction planning approved by the competent authority;
b) Documents on ownership of construction works issued by competent agencies over time, except for cases where the State has managed and arranged for use;
c) Papers of purchase, sale, donation or inheritance of construction works as prescribed by law, which have been notarized or authenticated according to regulations;
d) Documents of the People's Court or a competent state agency that can handle the ownership of construction works have taken legal effect;
dd) In case the applicant for certification of ownership of construction works has one of the papers specified at Points a, b, c and d of this Clause in which another person's name is written, there must be one of the following documents: documents of purchase, sale, donation, exchange or inheritance of works built before July 1, 2004 signed by relevant parties and certified by the People's Committees of communes or higher; case of purchase, donation, exchange or inheritance of a construction work before July 1, 2004 without documents on the purchase, sale, donation, exchange or inheritance with signatures of the parties relevant, it must be certified by the commune-level People's Committee in the application for a certificate of land use rights and ownership of houses and other land-attached assets about the time of purchase, donation or exchange. , inherit the construction work.
In case the applicant for work ownership certification has one of the documents specified at Points a, b, c, and d of this Clause, but the current state of the work is not consistent with that document, the part of the work shall not be accepted. consistent with the papers that must be certified by the commune-level People's Committees as prescribed in Point e of this Clause;
e) In case a domestic individual does not have one of the papers specified at Points a, b, c and d of this Clause, the commune-level People's Committee must certify that the construction has been completed before January 1. July 2004 and the work was built before the land use planning or construction planning is issued, or must conform to the planning in the case of construction after the land use planning or construction planning is issued.
In case the work is completed from July 1, 2004, there must be a written certification of the commune-level People's Committee that the construction work is not required to apply for a construction permit and satisfies the conditions for construction work. planning as in the case of construction before July 1, 2004; in case a work is subject to a construction permit without obtaining a permit, it must have a document from the district-level construction management agency approving the existence of such work.
Supplementing regulations on certification of ownership of non-residential constructions in Vietnam works used for tourist accommodation purposes (Tentative)? (Picture from internnet)
How to certify ownership of non-residential constructions in Vietnam works for organizations according to current regulations?
According to Clause 2, Article 32 of Decree 43/2014/ND-CP guiding the implementation of the Land Law stipulates:
"Article 32. Certification of ownership of non-residential construction works
...
2. Domestic organizations, religious establishments, foreign organizations, foreign individuals, overseas Vietnamese must have the following documents:
a) In case a construction work is created through new construction investment as prescribed by law, there must be a project approval decision or project investment decision or an investment license or investment certificate. or a construction permit issued by a competent state agency and a document on land use rights in accordance with the law on land or a land lease contract with a land user with a land use purpose in accordance with the law on land. construction purposes;
b) In case a construction work is created in one of the forms of purchase, sale, donation, exchange, inheritance or other forms as prescribed by law, there must be a document on such transaction as prescribed. under the law;
c) If one of the papers specified at Points a and b of this Clause is not available, the provincial-level construction management agency must certify that the construction works existed before the construction planning was issued but now exist. still be consistent with the construction planning already approved by the competent state agency;
d) In case the construction work is not in accordance with the documents specified at Points a, b and c of this Clause, the area of the work that is not conformable with the documents must be granted a construction permit by the competent authority. inspect and confirm that the construction area is not in accordance with the documents, does not affect the safety of the work and is in accordance with the construction planning approved by the competent authority.
3. In case the owner of the construction work is not concurrently the land user, in addition to the documents proving the ownership of the work as prescribed in Clauses 1 and 2 of this Article, there must be a written approval of the owner. the land user consents to the construction of the work which has been notarized or authenticated according to the provisions of law and a copy of the paper on the land use right in accordance with the provisions of the law on land.
4. For a project with multiple work items, it is stated in the decision on approval of the investment project, the decision on investment in the project, the investment license, the investment certificate, the investment registration certificate. issued by a competent agency, the decision on approval of detailed construction planning, construction permit, if the investor needs and fully meets the conditions, shall be granted a Certificate of right to use by a competent state agency. land use rights, ownership of houses and other land-attached assets for each work item or each subdivision of that work item."
Supplementing regulations on certification of ownership of non-residential constructions in Vietnam works that are used for tourist accommodation purposes?
According to Clause 4, Article 1 of the Draft Decree amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law as follows:
"4. To add Clause 5, Article 32 as follows:
“5. For construction works used for the purpose of tourist accommodation according to the provisions of the law on tourism on commercial and service land, if the conditions are satisfied as prescribed by the Law on Construction, the Law on Real Estate Business, movable property shall be granted a certificate of land use rights and ownership of houses and other land-attached assets according to the purposes of commercial and service land use and the land use term as prescribed in Clause 3 of this Article. 126, Article 128 of the Land Law. Owners of construction works are responsible before law for their satisfaction of conditions as prescribed by the Law on Construction and the Law on Real Estate Business.
The certification of ownership of construction works specified in this Clause must comply with the provisions of Clauses 1, 2, 3 and 4 of this Article and the presentation of information about the land plot on the Certificate must be for the right purposes. and land use term as prescribed by law.”
Thus, according to the draft Decree amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law, supplementing regulations on constructions in Vietnam works used for tourist accommodation purposes according to regulations. regulations on tourism on commercial and service land.
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