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Friday,  Sep 22,2017,23:59 (GMT+7)

HoREA proposes not classifying tourism land as farmland

Cao Ban
Wednesday,  Aug 30,2017,22:44 (GMT+7)
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HoREA proposes not classifying tourism land as farmland

Cao Ban

Coastal cities like Danang and Nha Trang have seen a boom of condotel projects in recent years. However, there has not been a clear legal framework for land used for tourism purposes - PHOTO: CAO BAN

HCMC - The HCMC Real Estate Association (HoREA) has just proposed not classifying land used for tourism purposes as farmland and also amending the 2013 Land Law to this effect to facilitate tourism development.

HoREA stressed that tourism land should not be used to build houses or residential blocks to prevent technical and social infrastructure overload. However, tourism land should also be considered non-agricultural land so as to allow for permanent use of such land for tourism purposes.

Le Hoang Chau, chairman of HoREA, said the 2013 Land Law regulates that non-agricultural land includes land used for developing industrial zones, hi-tech parks, air ports, trade and service facilities. This means land for tourism is not on the list.

Despite such regulations, some localities have treated tourism land as land of long-term use other than farmland, and collected land use fees accordingly. Given such treatment in certain localities, some condotel investors have promised potential buyers that they could obtain long-term home ownership and long-term land use right certificates.

“This violates the current regulation as the 2013 Land Law allows condotel developers to use land for a certain period of time,” said Chau.

Some localities have suggested that owners of condotel units should be granted long-term home ownership and land use right certificates, and tourism land should be subject to land use fees like residential land, which Chau said is a reasonable idea for consideration.

However, as long as the 2013 Land Law is not amended toward this end, investors of condotel projects are not allowed to promise the secondary investors that they can get long-term land use right certificates.

The Ministry of Construction has earlier proposed creating new policies for the classification and use of multi-purpose land, which can be used to build both residential facilities and trade-service facilities. The ministry has thus suggested granting land use right and home ownership right certificates for owners of this type of land.

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