Regarding the legality of tourist apartments (condotel), officetel, and tourist villas, the Ministry of Natural Resources and Environment has recently sent a dispatch to the People's Committees of provinces and cities requesting urgent implementation of new regulations of the law on land. In particular, it mentions the issuance of red books for projects: condotel, officetel, and tourist villas.
Ministry of Natural Resources and Environment urges localities to issue red books for many types of tourist real estate
Accordingly, the Ministry of Natural Resources and Environment recommends that localities increase resources and conditions for land information technology infrastructure to organize the reception of records and return of results of administrative procedure settlement in the electronic environment to ensure efficiency and ease of implementation for people and businesses.
Localities also need to promote the issuance of red books to land users. In particular, focus on reviewing and directing the issuance of red books to people who receive transfer of land use rights, buy houses, and construction works in housing development projects and in real estate business projects that are not housing development projects according to the provisions of Decree 10/2023/ND-CP.
In case the property is a construction on non-agricultural land that is not residential land (such as hotels, tourist apartments, tourist villas, office-hotel apartments, etc.), localities shall issue red books according to the provisions of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 22, Article 2 of Decree No. 01/2017/ND-CP; Clause 4, Article 1 of Decree No. 10/2023/ND-CP).
The purpose and duration of land use are determined according to the decision on land allocation, land lease, and permission to change land use purpose of the competent state agency in accordance with the provisions of land law at the time of issuance of the decision.
Many tourist apartments, office apartments, tourist villas... will be granted red books soon.
In case of mixed-use apartment buildings built on residential land (in which a part of the apartment building floor area is used as a hotel, tourist apartment, office apartment combined with accommodation, commercial services... and the investor has transferred this area in accordance with the provisions of law), the issuance of red books shall be carried out in accordance with the provisions of Article 32 of Decree No. 43/2014/ND-CP.
Regarding the determination of specific land prices, to ensure the time for approval of specific land prices according to regulations, the Ministry of Natural Resources and Environment requests the People's Committees of provinces and cities to direct the agencies of natural resources and environment to base on the dossiers of appraisal of land use needs, appraisal of conditions for land allocation, land lease, and permission to change land use purposes to prepare specific land valuation cost estimates and select organizations with the function of consulting on land valuation according to bidding regulations.
Tax authorities, land registration offices, land fund development centers and other relevant local agencies provide information to the selected consulting unit to serve the land valuation quickly and promptly.
In addition, the agency on natural resources and environment needs to request the consulting unit to compare the information records of the land plots and land plots that need to be appraised with the records and decisions on land allocation, land lease, and permission to change land use purposes to ensure the accuracy and consistency of information and data serving land valuation; promptly issue land valuation certificates to serve the work of appraising and deciding on land prices.
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