Legal update on property law in quarter 1 of 2017

Alternation in Land Rental in Economic Zones

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The Federal Government has lately issued Decree No. 35/2017/NĐ-Clubpenguin dated 3 April 2017 supplying rules on assortment of land use fee, rental of land surface and water surface in economic zones and hi-tech parks (Decree 35).

As from 20 June 2017, the gathering of land use fee and land rental in economic zones will be no more controlled by Decree No.45/2014/ND-Clubpenguin supplying rules on assortment of land use fee (Decree 45) and Decree No. 46/2014/ND-Clubpenguin supplying rules on assortment of rental of land surface and water surface (Decree 46) however in compliance with Decree 35 using the highlighted points for that investors the following:

  • The proportion for calculating land rent unit cost in situation of annual payment will be from .5% to threePercent susceptible to specific area or route akin to an investment and openly announced yearly.
  • The land rental is decided with land cost adjustment coefficients. Susceptible to the area in which, route and placement from the land akin to the land use purpose, the Provincial People’s Committee shall issue the land cost adjustment coefficients yearly using the minimum rate at 1. relevant from 1 The month of january every year.
  • The land use for growth and development of social housing for workers in compliance with approved projects will be susceptible to land use fee exemption. The developer must conduct the executive technique of the exemption in connection with this.

Land cost adjustment coefficients relevant from 1st The month of january 2017 in Ho Chi Minh City

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On 23 March 2017, the People’s Committee of Ho Chi Minh City just issued Decision No. 19/2017/QD-UBND supplying the land cost correction coefficient used in 2017 in Ho Chi Minh City (Decision 19). The outstanding application for figuring out the land use fee or land rental in Ho Chi Minh City from 1 The month of january 2017 will be susceptible to the rules of Decision 19.

The coefficients are requested figuring out (i) the annual land rental for that first period (ii) the adjustment to unit cost of annual land rental for an additional period and (iii) the system cost for annual land rental in situation of obtaining the assets mounted on land will be from 1. to two.. By which, the land employed for growth and development of residential housing for leasing will be susceptible to the utmost coefficient of two. akin to the position of the project.

The coefficients requested figuring out (i) the land use fee without land use right auction or perhaps in situation of conversion of land use purpose, (ii) the main one-off payment of land rental without land use right auction and (iii) the system cost of land rental in situation of altering from leasing with annual rental to leasing with one-off payment for land rental will be from 1.2 to two. susceptible to the position of the project.

The land cost adjustment coefficients pointed out above could be greater susceptible to the place using more than two (02) road fronts and also the land use ratio.

The Secretary of state for Construction requesting the issuance of rules around the condotel and officetel

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“Condotel” and “Officetel” happen to be new kinds of property rise in Ho Chi Minh City since 2008.  In the past few years, these types of property developments be famous real estate market, particularly condotel type is much more used in seaside and tourist metropolitan areas like Nha Trang, Da Nang, or Vung Tau. However, despite its recognition and much more transactions around the qualities, rules or guidance in the competent government bodies around the investment and control over the condotel and officetel continue to be unclear and confusing, and for that reason potentially dangerous towards the buyers too.

For instance, the idea of “officetel” describes apartments in residential structures which can be employed for both residential and office purpose. However, what the law states on Residential Housing in addition to guidance in the Secretary of state for Construction prohibits using residential apartments for office use. In addition, the guidance in the Secretary of state for Planning and Investment doesn’t allow using residential apartments for business registration either.  Another legal issue to these types of qualities is how you can correctly recognize the possession towards the qualities because, within the Land Law, land use right duration for commercial purpose is half a century and indefinite term for residential purpose.

Lately, the Secretary of state for Construction has provided instructions and responses that (i) the rules on condominiums are requested the condotel/officetel with work as residential housing and (ii) the rules on hotel are requested the condotel/officetel without work as residential housing. This really is really confusing towards the proprietors too.

Therefore, the Secretary of state for Construction (MoC) lately had Dispatch No.381/BXD-QLN dated 28 April 2017 for report and proposal from the issues with regards to the treating of condotel, officetel, or  resort projects towards the competent Deputy Pm for decision.

By which, MoC suggested (i) the amendment to law on land with regards to the classification and using mixed use land (for commercial and residential purposes) and issuance from the certificate of land use right, possession of residential housing along with other assets mounted on land in connection with this and (ii) clarification from the financial obligation for such mixed use land and (iii) the rules on the treating of the condotel and officetel.

The issuance of rules according of condotel and officetel pointed out above will give you detailed legal framework for that development and control over condotel and officetel projects. Accordingly, (i) the investors may have firm legal grounds for development and control over condotel and offictel and (ii) the buyers may have grounds for thinking about their investment in the industry type of condotel and officetel.

New model property business – Hometel

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Aside from the officetel and office which gain popularity in housing market, “hometel” is really a new idea of tourism property just launched at first of 2017. Hometel may be the mixture of “home” and “hotel” function.  Similar to condotel, hometel is equipped out and operated using the luxury standards as hotel under the treating of expensive hotels operator.

However, hometel has some features not the same as condotel, typically (i) the homebuyers shall come with an indefinite-term possession of hometel using the certificate of land use right, possession of residential housing along with other assets mounted on land and (ii) the homebuyers can decide the leasing program from the hometel without discussing profit using the developer, this means the homebuyers will directly cope with your accommodation operator for that operation and upkeep of standard from the hometel as hotel.

From legal perspective, (i) hometel should be built on residential land for that indefinite-term possession (ii) the introduction of hometel project should be in compliance with Law on Residential Housing because hometel is classed as residential housing and (iii) the making of hometel should be in compliance with rules on construction of residential housing under Law on Construction.

The management and operation of hometel isn’t obvious to become treated like a condominium or otherwise. Like a residential housing, the hometel ought to be managed like a condominium using the organization from the Management Committee as needed by laws and regulations.

However, the hometel should be operated and maintained with hotel standard which should be managed with a hotel operator. In situation the treating of hometel should be in compliance with rules on control over condominium, the Management Committee must cope with your accommodation operator for making certain the factors put on the hometel buiding like a hotel.

Additionally, there must be amendments to Law on Land with regards to the classification from the find that the hometel project located. Like the land employed for developing condotel project, the land in connection with this ought to be residential land without establishment of residential area.

As a result, because of insufficient legal cause for such qualities, the owners’ use right and possession legal rights of these qualities might be potentially restricted (for instance, when it comes to use duration or use functions).  This can’t be resolved in not too distant future since amendments to many laws and regulations are needed too.

Disclaimer: This legal update doesn’t constitute and cannot be used like a legal counsel for any matter. For more details and clarification, please contact Mr. Tran Thai Binh, Partner of LNT & Partners, Mind of Property Practice Group via email: or his mobile phone: 84-913629191.


New 2017 California Gun Laws April 2017 Update


ken1139: Just a reminder: the American peoples' right to keep and bear arms is a natural and unalienable right. This right was not granted by government, and it can not be repealed by government. In fact, the US Bill of Rights ensures that government will not even infringe upon that right. The government HAS NO LEGAL POWER to write any laws, no matter how seemingly reasonable, that infringe upon our rights.

Bryan Calhoun: true but with President's Like "Bill Clinton" and "Barrack Obama" they didn't read that part of the U.S. constitution and neither did governor Jerry Brown in California etc.. because lot's and lot's and lot's of rights we're violated on a Constitutional level but i want you to consider something.. just fifty years ago blacks and whites had separate rest room's and water fountains and blacks had to sit on the back of the bus, etc.. was that against "INALIANABLE human rights? God given rights? Did Hitler kill people based upon their faith? yes so you are right in saying the government isn't LEGALLY able to infringe upon these freedoms BUT IT HASN'T STOPPED THEM IN HISTORY thats why it was built in to the U.S. constitution that Tyranny can be resisted with force from the people as an uprising to protect our freedom. so your reminder although correct and Utopian in concept isn't always gonna be respected and honored by all government officials or all u.s. states. cops violate human rights every single day in this country is it wrong? HECK YES! but does it happen anyways?? YEP every single day… so it's not just about our God given freedoms and rights it's about staying vigilant and taking a stand. like Thomas Jefferson said "THE COST OF FREEDOM IS CONSTANT VIGILANCE" thats why we have courts of law sometimes the rights of the people get violated..

edward hickey: thats right ken just make stuff up, so by that thinking we can just keep owning slaves, I kind of like the idea of a few young slave girls tho 🍌🐵🐵

TJ N: What a bunch of cucks in cali

kelly shea: California? Oh! You mean The People's Glorious Republik of Kalifornianstan

Bryan Calhoun: yes Comrade, let's get together and drink Vodka and speak of the socialist republic of Commie-fornia and laugh as we watch the peasants as they work for the republic! MMUUU HUUU HUUU HAAA HAA HAA HA {evil commie laughter}

TJ N: The tread on me state

Infantry_11_Bravo Retired: Time to leave my fracked up state folks. Like many businesses and companies my job is leaving occupied Kalifornistan. They ask me if I am will move to Nevada…. I said HELL YA I WILL MOVE! I am sixty-four years old and have only two more years left to retire. To fix stupid in occupied Kalifornistan it will take decades. Sorry but I don't have decades! The clock is ticking and I want to enjoy my 2nd Amendment rights while I still can. Can't do that in a state that is now occupied by those who ignore or hate the Constitution. We have too many sheep living in California now and they will always vote the ones that will take care of them….even when led to the slaughterhouse folks.

Billy C: Infantry_11_Bravo Retired , I am with you on that , it's time to leave this crappy state of high living cost , high taxes , and anti 2nd amendment. I am planning my exit. Adios Amigos!!!

TheBoxxWillRuleAll: I really hope you can find a way out of that state, I didn't know the laws could get any stupider and then I watched this… An ammo ban? I've lost all hope for that state now, for heavens sake they are going above and beyond to make the lives of law abiding citizens costly and frustrating. \n\nAll I can say is things like this make me much more grateful that the state of UT where I reside is relaxed and reasonable. From what it sounds like trying to buy a gun or ammo now in California makes some people see you like some sort of crazed lunatic. I go to buy a gun here and most people like to know what type and is it any good, not look at me like I'm crazy. \n\nThe funniest thing I encountered when I bought my little pistol a few weeks ago was the illegal in California sticker. It's a Springfield XDs with 7 round magazines… it's not even 10 rounds and it's banned, a small practical ccw pistol. That boggles my mind to no end.\n\nAt the end of the day you gotta stand up for what little rights you have left, and try to regain some territory. I truly hope in the near future you get some politicians that over turn these pointless bans and make the laws relaxed like they should be.