On February 14, 2020, the Ministry of Natural Resources and Environment issued Official Dispatch 703/BTNMT-TCQLDD regarding the guidance on land use policies and the certification of ownership rights for non-residential buildings, sent to the Departments of Natural Resources and Environment of provinces and centrally-run cities.
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The Ministry of Natural Resources and Environment provides guidance on land use policies and the certification of ownership of non-residential construction works as follows:
First, regarding land use policies and land use term:
According to the provisions of Article 48 of the Tourism Law 2017, tourist apartments and tourist villas are considered tourist accommodation facilities. The business of providing lodging services in these tourist apartments and tourist villas is classified as a form of tourism service business and belongs to the accommodation and dining service group stipulated in the list of the Vietnam Economic System issued with Decision 27/2018/QD-TTg.
As specified in Point d, Clause 2, Article 10 of the Land Law and Annex 01 issued with Circular 27/2018/TT-BTNMT, the use of land for business services purposes is classified as commercial land.
Regarding the policies for the use of commercial land stipulated in Article 153 of the Land Law, the land use term is prescribed in Clause 3, Article 126 of the Land Law. Accordingly, the land lease term for organizations using land for commercial and service purposes is considered and decided based on the investment project or the land lease application but shall not exceed 50 years. For projects with large investment capital but slow capital recovery, or projects located in areas with difficult or especially difficult socio-economic conditions requiring a longer term, the land lease term shall not exceed 70 years. Upon expiry, if the land user wishes to continue using the land, the State will consider extending the land use term.
Second, regarding the issuance of Certificates:
In cases where projects with tourist apartment buildings and tourist villas meet the conditions for transfer as stipulated in the Real Estate Business Law, the certification of ownership of construction works for the transferee is carried out according to the provisions of Article 32 of Decree 43/2014/ND-CP and Clause 22, Article 2 of Decree 01/2017/ND-CP. The procedures and documentation requirements for applying for a certificate are stipulated in Articles 70 and 79 of Decree 43/2014/ND-CP; Articles 8 and 9 of Circular 24/2014/TT-BTNMT; and Clause 8, Article 6 of Circular 33/2017/TT-BTNMT.
The Ministry of Natural Resources and Environment requests the Departments of Natural Resources and Environment of the provinces and centrally-run cities to organize the review of approved investment projects and the implementation of land allocation and land lease for each project to determine the land use purpose and land use term according to the provisions of the land law.
For cases that meet the conditions for issuing Certificates as stipulated by the land law and other related laws, the issuance of Certificates to land users and property owners attached to the land should be carried out to ensure the legitimate rights and interests of land users and property owners attached to the land, without altering the scale, objectives, and planning of the project.
Nguyen Trinh
