Condotels and Officetels in 2026: Current Legal Framework and New Remedy
Bought a coastal condotel, waited five years, still no pink book. The developer says "awaiting guidance." Hundreds of condotel/officetel projects nationwide lived this — and in 2026, for the first time, a National Assembly-level resolution offers a way out.
This article updates condotel/officetel law as of 2026: what the Land Law 2024 says, which gaps remain, and how Resolution 29/2026/QH16 unblocks them.
Contents
- 1. What condotels/officetels are and where they stuck
- 2. Current framework: Land Law 2024
- 3. The gap: officetel buyers
- 4. What's new in 2026: Resolution 29/2026/QH16
- 5. 2026 buyer checklist
- FAQ
- When to engage counsel
- Legal references
1. What condotels/officetels are and where they stuck
Condotels (tourist apartments) and officetels (office-cum-lodging units) are mixed-use constructions: part residence/lodging, part commercial service. They typically sit on commercial/service land with a 50-year term — not indefinite residential land.
The historic snag is misaligned land-use purpose: localities certified projects on 50-year commercial land as "residential land not forming residential units" with indefinite term — content absent from land law. Khanh Hoa reportedly had 50+ such projects; other coastal provinces had many more. When authorities reviewed, projects froze: no buyer certificates, no transactions.
2. Current framework: Land Law 2024
The Land Law 2024 (31/2024/QH15, effective 01/8/2024) and the Real Estate Business Law 2023 (29/2023/QH15, effective 01/8/2024) are the current framework — no longer Decree 10/2023/ND-CP alone.
Notably, Article 143 of the Land Law 2024 provides certification for developers of "condominium-cum-office" projects — progress, but only the developer side.
3. The gap: officetel buyers
The biggest gap: buyers purchasing officetels/condotels from developers. Per academic analysis (Journal of Law and Practice No. 66/2026), the guiding decrees — 101/2024/ND-CP and 102/2024/ND-CP — lack specific rules on certifying buyers of these works.
The practical consequence is severe: without a certificate, buyers cannot sell or transfer — Article 49(1) of the 2023 REB Law bars transfer of off-plan sale contracts outside statutory cases. Buyers' capital is locked in illiquid assets.
4. What's new in 2026: Resolution 29/2026/QH16
On 24/4/2026, the National Assembly passed Resolution No. 29/2026/QH16, effective 01/5/2026, with special mechanisms to:
- Handle land-law violations by organizations/individuals committed before the Land Law 2024 took effect;
- Unblock backlogged, prolonged projects — including hundreds of condotel/officetel projects.
Two key provisions for condotels/officetels:
- Article 4(9) defines "non-compliant certificates": issued certificates recording land-use purpose as residential (not forming residential units), residential (REB/tourism construction), or other land-law-noncompliant information — precisely the misaligned group above;
- Article 11 designs two remedy tracks based on planning review and financial obligations: clear classification after planning review — conditional resolution, not whitewashing violations.
The spirit: violations aren't excused, but projects and buyers aren't frozen indefinitely either — case-grouped resolution tied to planning and financial-obligation completion.
5. 2026 buyer checklist
Before paying for a condotel/officetel in 2026, check:
- Project certificate: recorded land-use purpose? Term? Does it fall under "non-compliant" per Art.4(9) of Resolution 29/2026?
- Resolution 29/2026 eligibility — and current stage (planning review, financial obligations)?
- Buyer certification progress: any units certified yet, or only policy intent?
- Sale contract: which template, pink-book handover terms and late-handover sanctions;
- Developer's financial obligations: land-use fees/rents completed — a precondition for certification consideration;
- Actual use purpose: condotels/officetels aren't permanent homes — don't expect condominium-like rights.
FAQ
Full 5 Q&As (certification, Resolution 29/2026, why stuck, transfer without pink book, checklist) in frontmatter `faq_items`.
When to engage counsel
When you need: legal due diligence on a condotel/officetel project before buying; assessing Resolution 29/2026 eligibility; reviewing sale contracts and pink-book handover terms; or disputing with developers over delayed certification. Contact FLAT Law Firm — hotline 0988424851.
Legal references
- Land Law 2024 (31/2024/QH15), effective 01/8/2024 — Art.143 (certifying attached construction works).
- Real Estate Business Law 2023 (29/2023/QH15), effective 01/8/2024 — Art.49(1) (transfer of sale contracts).
- Resolution 29/2026/QH16 (passed 24/4/2026, effective 01/5/2026) — Art.4(9), Art.11. Sources: CAND 02/5/2026; thanhnien.vn.
- Decrees 101/2024/ND-CP, 102/2024/ND-CP — guiding the Land Law 2024 (buyer gap per Journal of Law and Practice No. 66/2026).