Regulations on granting pink books for condotels but forgetting about shophouses, officetels...

Accordingly, Decree No. 10 stipulates the issuance of certificates of ownership of construction works attached to land (pink books) according to the purpose of using commercial and service land for construction works used for tourist accommodation purposes (condotel). This helps to resolve the problem of issuing pink books for about 83,000 condotel apartments, ensuring the legitimate rights and interests of investors.

Ho Chi Minh City Real Estate Association (HoREA) analyzed that the Government previously issued Decree No. 02 in June 2022, regulating the purchase and sale, lease-purchase contracts of condotel apartments and officetel apartments. However, localities still "do not dare" to issue pink books for condotels and officetel apartments. At the same time, Decree No. 02 only regulates the purchase and sale, lease-purchase contracts for condotels and officetels, but does not include serviced apartments, shophouses, etc., so it has not generalized the scope of regulation for all construction works used for accommodation purposes on commercial and service land.

Now, Clause 4, Article 1 of Decree No. 10 supplements Clause 5, Article 32 of Decree No. 43, so the provincial Department of Natural Resources and Environment has sufficient legal basis to issue pink books to all "tourist accommodation establishments", typically condotel apartments, removing "obstacles" in the issuance of pink books for condotel apartments.

However, Clause 4, Article 1 of Decree No. 10 does not stipulate the issuance of pink books for all construction works used for accommodation purposes on commercial and service land, but only stipulates the issuance of pink books for construction works used for tourism accommodation purposes according to the provisions of the law on tourism on commercial and service land.

Therefore, Clause 4, Article 1 of Decree No. 10 is not consistent with Clause 2, Article 6 of Decree No. 02, which stipulates the establishment of standard contracts for condotels and officetels. Therefore, it does not meet the practical requirements for granting pink books for all construction works used for accommodation purposes on commercial and service land.

Vẫn còn bất cập với quy định cấp sổ hồng cho căn hộ condotel, officetel - Ảnh 1. — New regulations have allowed the issuance of pink books for condotel apartments.

HoREA proposed to amend and supplement Clause 4, Article 1 of Decree No. 10, and supplement Clause 5, Article 32 of Decree No. 43 to grant pink books not only for condotel apartments, but also for officetel apartments, serviced apartments, and shophouses. At the same time, it is generally understood that non-residential construction works used for accommodation purposes on commercial and service land must be generalized to ensure consistency, uniformity, and high generality in the scope of regulation of legal regulations.

In addition, over the past 10 years, thousands of condotel apartments have been "wrongly granted" pink books recognizing apartment ownership rights attached to land use rights that do not form a stable, long-term residential unit, which have been concluded by competent state agencies to have been illegally granted pink books. However, Decree No. 10 has not yet provided for the transitional handling of re-issuing pink books for these cases. Therefore, there needs to be a "special mechanism" to re-issue pink books with the term of ownership of condotel apartments attached to land use rights for a term according to the term of the project, not exceeding 50 years, to ensure the legitimate and legal rights and interests of customers and investors of condotel projects whose pink books have been revoked due to "wrongly granted" previously.

In addition, it is also necessary to supplement regulations on the priority rights of land users to extend land use when the land use term expires in cases where the land use purpose of the land plot or land area according to the land use planning remains unchanged.

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