It is necessary for the development of tourism and resort real estate that the State should soon complete the amendment and supplement of the legal basis of tourism real estate in the Investment Law 2020 and the Land Law 2013...
Before the pandemic happened, Vietnam's tourism industry had a very strong growth, in 2019 alone, the number of international visitors to Vietnam reached 18 million, an increase of 16.2% over the previous year. first overtakes Indonesia.
So far, after 2 years of facing an epidemic that caused a serious decline in the tourism industry, the tourism industry has started to gain momentum thanks to the strategy of spreading a vaccine against COVID-19, along with the opening of the tourism industry. tourist gate in March 2022. Although the number of international visitors in 2022 is difficult to return to the "peak" as in 2019, in the next few years, the number of 18 million visitors will certainly be "broken".
Therefore, in order to meet the increasing number of international visitors, not to mention domestic tourists, the development of accommodation facilities for the tourism industry is a natural thing to do to welcome the new "wave".
Undo the legal knot
Resort real estate is increasingly diversifying with forms that the world has developed, but in Vietnam it is still not clearly defined, because of legal bottlenecks.
Specifically, according to the provisions of the Land Law, the Law on Real Estate Business does not have a specific concept for tourist real estate, but only a general concept, which stipulates that this is a construction work for commercial purposes. Since then, localities have encountered confusion when approving new projects.
In order to "evade the law", some localities have proactively identified this as a real estate product belonging to the project land to build "residential houses but not to form residential units" to attract investors to "nest" , increasing state budget revenue.
However, reality also shows that this term not included in the current law has been confusing in the implementation process of both investors, investors and local authorities and leads to the following consequences. this.
It can be seen that, in some projects of this type that have been put into operation, secondary investors (customers) buying resort real estate products have been granted certificates of land use rights and properties on land. .
Meanwhile, some others do not, although the project has been completed, tested for fire prevention and been put into use for a few years, the investor has also been granted a certificate of land use right and finance. property on land, but currently secondary investors are still "tired" of waiting for a "red book".
Due to the lack of a legal framework, some businesses and investors have difficulty or have to lie in persuading customers to invest, access credit capital and enforce administrative procedures as well as not enjoy the right policies. preferential policies on land rent and rent even though investing in this segment has a long-term business cycle.
It is also difficult for individual investors to access loan sources and fulfill payment obligations under signed transfer contracts.
Also because of this problem, some project investors deliberately ignored the project's nature, advertising to exchange the concept of "50-year leased land" with "indefinite residential land"... to attract investors. , mobilize capital to implement projects and sell at high prices, make big profits, ignore investors and blame legal inadequacies, even blame the inconsistency of the locality and the state.
All are causing distortions, hindering the development of the resort real estate market, which is very potential in Vietnam.
Soon to complete the legal framework
It is necessary for the development of tourism real estate that the State should soon complete the amendment and supplement of the legal basis of tourism real estate in the Investment Law 2020 and the Land Law 2013 and the Law on Business. real estate…
Accordingly, it is necessary to give priority to legal and practical handling in the following directions: Firstly, it is recommended to add specific, detailed and unified regulations on the concept, nature and form of immovable property. resort tourism products, based on reference to international experiences, in line with Vietnamese practice.
Secondly, projects that have been granted a Certificate according to the type of residential land in rural areas (residential land without housing units), but have not yet started construction, are allowed to convert to commercial and service land.
Thirdly, for projects that have been built and completed, tested and put into use, a Certificate of land use rights and properties on land will be issued according to the current state of residential land in rural areas, with a long term of use for secondary investors.
At the same time, the competent authorities shall make additional adjustments to the land use planning to suit the reality and trends of long-term development prospects of the locality.
Legalized real estate projects and products must pay additional conversion fees at market prices and annual land use tax issued by the locality.
At the same time, continue to perfect other legal provisions and unify the State's management related to land, real estate business and investment procedures in relevant laws and guiding documents. activities to harmonize the interests of the parties, while reducing time, reducing costs and removing difficulties for businesses, and ensure benefits for secondary investors, create a transparent investment environment in investment and development of this segment.
By CafeF