Issue special mechanism to remove obstacles for projects and land in Ho Chi Minh City, Da Nang, Khanh Hoa

On April 21, 2025, the Government issued Decree No. 76/2025/ND-CP (referred to as Decree 76) detailing Resolution No. 170/2024/QH15 of the National Assembly (referred to as Resolution 170) on specific mechanisms and policies to remove difficulties and obstacles for projects and land in the conclusions of inspections, examinations, and judgments in Ho Chi Minh City, Da Nang City, and Khanh Hoa Province. The Decree takes effect from the date of signing and promulgation.

Many special mechanisms to remove obstacles for projects and land in Ho Chi Minh City, Da Nang, Khanh Hoa (illustrative photo)

Issuing Certificate of land use and house ownership at 39-39B Ben Van Don, District 4 , Ho Chi Minh City

After the investor is allowed to continue using the land according to the provisions of Article 6 of Resolution No. 170, the issuance of the Certificate of land use rights, Certificate of land use rights, house ownership rights and other assets attached to the land (hereinafter referred to as the Certificate) to the investor or the transferee of land use rights, house ownership rights, and construction works shall be carried out according to the provisions of Decree No. 101/2024/ND-CP.

• The National Assembly passed a resolution to remove legal obstacles for projects and land in Ho Chi Minh City and Da Nang.

In case the judgment that has come into legal effect has a decision on land handling that is different from the provisions in Article 6 of Resolution No. 170, the judgment that has come into legal effect shall be implemented.

Adjustment of land use term recorded on the Certificate issued in Da Nang city

The issued certificate of land use term for production and business land in Da Nang city must now be re-determined to 50 years according to the provisions of Clause 1 and Point a, Clause 3, Article 3 of Resolution No. 170.

Within no more than 20 days from the effective date of this Decree (April 1, 2025), the Department of Agriculture and Environment shall be responsible for issuing a decision to announce the list of issued Certificates in the cases specified in Clause 1 above, the names of land users and owners of assets attached to the land to whom the Certificates are issued, the issuance number (serial number of the Certificate), and the number entered in the Certificate Issuance Book.

Within no more than 5 working days from the date of the decision to promulgate the provisions in Clause 2, the Land Registration Office shall be responsible for: Updating the cadastral records and land database for monitoring and management.

In case the land user or owner of property attached to the land needs to be granted a new Certificate, the land use term when granting the new Certificate is determined to be 50 years according to the provisions of Article 3 of Resolution No. 170.

Land users, owners of assets attached to land, and applicants when carrying out the procedures prescribed in this clause shall not have to pay fees or charges.

Reviewing conditions for continued land use for 11 projects in Khanh Hoa province

The Department of Agriculture and Environment shall preside over and coordinate with relevant agencies to review the conditions specified in Point a, Clause 1 and Point a, Clause 2, Article 5 of Resolution No. 170 for each project regarding: conformity with approved land use planning or urban planning (general planning or zoning planning); no violation of national defense land use planning, security land use planning; conditions on the investor's capacity to implement the project.

The Department of Agriculture and Environment synthesizes the results of the condition assessment and prepares a dossier to submit to the People's Committee of Khanh Hoa province for consideration and assessment of the conditions for each project to continue using land; the dossier includes a submission, a draft decision on assessing the project's eligibility to continue using land, and opinions of relevant agencies.

Within no more than 5 working days from the date of receipt of the dossier submitted by the Department of Agriculture and Environment, the People's Committee of Khanh Hoa province shall review the conditions and issue a decision assessing the project's eligibility to continue using land and send it to the Department of Agriculture and Environment.

The time for completing the work specified in this clause is no later than 12 months from the effective date of this Decree.

In case the People's Committee of Khanh Hoa province evaluates the review results according to the above regulations and the project is not allowed to continue using the land, the procedures for land recovery shall be similar to the procedures for land recovery due to violations of land laws.

Source: https://nld.com.vn/ban-hanh-co-che-dac-thu-thao-go-vuong-mac-cac-du-an-dat-dai-tai-tp-hcm-da-nang-khanh-hoa-196250402135132664.htm