Issuing "pink books" in electronic environment
Decree 10/2023 regulates the reception and return of results of administrative procedure settlement in the electronic environment, stating the responsibilities of the agencies receiving and processing dossiers; responsibilities of land users and owners of assets attached to land (pink books). Accordingly, for localities with technical infrastructure conditions, dossiers will be received and results of administrative procedure settlement will be returned in the electronic environment according to regulations. Land users and owners of assets attached to land are responsible for fulfilling their financial obligations according to regulations (directly or online through the payment function of the public service portal). The return of results of administrative procedure settlement is carried out at the dossier receiving agency, via postal service, or at the location of dossier receipt and return of results upon request.
In case of needing to check, verify or clarify or due to other reasons, the results of the dossier processing cannot be returned within the prescribed time, the agency receiving the dossier and handling the procedure shall send a written notice via the public service portal or via SMS to the requester, stating the reason.
Granting "pink books" for condotels and resort villas
Construction works used for tourist accommodation purposes (DL) according to the provisions of the law on DL on commercial and service land, if meeting the conditions prescribed by the law on land, construction, and real estate business, shall be certified for ownership of construction works attached to land according to the purpose of using commercial and service land.
According to the Land Law, the land use term shall not exceed 50 years, but for projects with large investment capital, slow capital recovery, projects invested in areas with difficult or especially difficult socio-economic conditions, it shall not exceed 70 years. The 2017 Tourism Law stipulates that tourism accommodation establishments include: hotels, tourism villas, tourism apartments, tourism accommodation ships, tourism motels, houses with rooms for tourists to rent, tourism camping sites and other tourism accommodation establishments. Decree 10/2023 was issued, creating a legal corridor for competent authorities to guide on the procedures for granting ownership of houses and other assets attached to land for real estate types such as tourism apartments (condotels), tourism villas (resort villas), etc.
Granting "pink books" for non-housing projects
While Decree 43/2014 only regulates the types of documents for granting certificates to construction works in real estate business projects that are housing development projects, Decree 10/2023 supplements regulations for real estate business projects that are not housing development projects. Accordingly, the subject must submit a site plan design drawing consistent with the current construction status and signed contract; a notice from a specialized construction agency allowing the investor to accept the construction items or accept the results of the completed acceptance, and the project to be put into use according to the provisions of law; a list of assets, names of assets, land area, common and private construction area of each asset.
After completing the project, the investor is responsible for submitting to the Department of Natural Resources and Environment the certificate of land use rights, house ownership rights and other assets attached to the land, and documents proving the project owner's financial obligations. In case of changes in financial obligations, documents proving the completion of financial obligations for such changes must be submitted, except in cases of exemption or late payment as prescribed by law.
Amending regulations on authority to issue "pink books"
Amending and supplementing Decree 43/2014 and Decree 10/2023 regulating the authority to issue "pink books" in cases of registration of changes, or cases where a book is issued but the rights of land users, owners of assets attached to land are exercised or the book is reissued. Specifically, localities establish land registration offices, and this agency shall issue books or confirm changes to the issued books for organizations and religious establishments; Vietnamese people residing abroad implementing investment projects; foreign organizations and individuals; foreign-invested enterprises. Branches of land registration offices or land registration offices shall issue books for households, individuals, residential communities, and Vietnamese people residing abroad who are allowed to own houses attached to land use rights in Vietnam.
District-level People's Committees issue certificates to households, individuals, residential communities, and overseas Vietnamese who are allowed to own houses associated with land use rights in Vietnam. Land registration offices and branches of land registration offices use their seals to issue "pink books" and confirm changes to the issued books. For localities that have not yet established land registration offices, the Department of Natural Resources and Environment issues certificates to organizations and religious establishments; overseas Vietnamese implementing investment projects; foreign organizations and individuals; and foreign-invested enterprises.
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