The Government issued a Decree on removing obstacles for projects and land.

Thu Thiem urban area, Thu Duc city. (Photo: Hong Dat/VNA)

This Decree details Resolution No. 170/2024/QH15 of the National Assembly on specific mechanisms and policies to remove difficulties and obstacles for projects and land in inspection, examination and judgment conclusions in Ho Chi Minh City, Da Nang City and Khanh Hoa Province (hereinafter referred to as Resolution No. 170/2024/QH15), including:

Clause 1 and Point a, Clause 3, Article 3 on adjusting the land use term recorded on the Land Use Right Certificate, Certificate of Land Use Right, House Ownership Right and Other Assets Attached to Land (hereinafter referred to as the Certificate) issued in Da Nang city.

Article 6 on granting Certificate of land use rights and ownership of assets attached to land after investors are allowed to continue using land under the project at No. 39-39B Ben Van Don, Ward 12, District 4, Ho Chi Minh City.

Article 4 on the order of reviewing, completing procedures, conditions for continued land use, re-determining land prices, collecting land use fees, land rent for 13 projects in Da Nang city.

Article 5 on the procedure for reviewing conditions for continued land use for project implementation, determining specific land prices, calculating land use fees and land rents for 11 projects in Khanh Hoa province.

Article 7 on land price determination procedures for 16 projects in Da Nang city.

Article 8 on procedures for determining land prices and calculating land use fees for projects in Ho Chi Minh City.

Clause 1 and Clause 3, Article 9 on the responsibilities of the Provincial People's Committee.

After completing the procedures for granting the Certificate of land use rights and ownership of assets attached to land to land users or adjusting the land use term recorded on the Certificate according to Resolution No. 170/2024/QH15 and this Decree, land management and use shall continue to be implemented in accordance with the provisions of the law on land.

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

According to the Decree, the procedure for adjusting the land use term recorded on the Certificate issued in Da Nang city is stipulated in Article 3 of Resolution No. 170/2024/QH15 as follows:

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. 170/2024/QH15.

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 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:

Carry out updates to land records and land database for monitoring and management;

Notify in writing the land users and owners of assets attached to the land to adjust the land use term stated on the issued Certificate; the notification is sent via public postal service. In case there is no recipient, a list is made for monitoring and management;

Announce on mass media the list of issuance numbers (serial numbers of Certificates), numbers in the Certificate Issuance Book of issued Certificates in the cases specified in Clause 2 above. The announcement is made 3 times, each time 30 days apart;

Written notice with a list of issuance numbers (serial numbers of Certificates), numbers in the Certificate Issuance Book of the Certificates specified in Clause 2 to the Department of Justice, local notary organizations, People's Committees at district and commune levels where the land is located, relevant agencies, organizations, and parties (if any) for information when carrying out procedures related to the issued Certificates.

After receiving the notice specified in Clause 3, the adjustment of the land use term recorded on the issued Certificate shall be carried out as follows:

Land users, owners of assets attached to land, and secured asset handlers submit a set of documents directly or via public postal services to the Land Registration Office or Branch of the Land Registration Office.

The Land Registration Office and the Branch of the Land Registration Office shall issue a Certificate of Receipt of Application and schedule the return of results; shall correct and update the collection of issued Certificates and issue new Certificates to the cadastral records and land database; confirm the adjustment of the land use term recorded on the Certificate to 50 years in the column "Change content and legal basis" of the Certificate with the content: "Adjustment of land use term to ...../...../....., according to Resolution No. 170/2024/QH15 dated November 30, 2024 of the National Assembly."; return the Certificate to the land user, owner of property attached to the land, and the party handling the secured property.

In case the land user or owner of property attached to the land needs to be re-issued a Certificate of land use rights or ownership of property attached to the land, the land use term when re-issuing a Certificate of land use rights or ownership of property attached to the land is determined to be 50 years according to the provisions of Article 3 of Resolution No. 170/2024/QH15.

The time for carrying out the procedures specified in this clause shall not exceed 5 working days from the date of receipt of a complete and valid dossier. Land users, owners of assets attached to land, and dossier submitters shall not have to pay any fees or charges when carrying out the procedures specified in this clause...

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

Decree regulating the issuance of Certificates for cases of land use, house ownership, and construction works belonging to the project at No. 39-39B Ben Van Don, Ward 12, District 4, Ho Chi Minh City, stipulated in Article 6 of Resolution No. 170/2024/QH15 as follows:

After the investor is allowed to continue using the land according to the provisions of Article 6 of Resolution No. 170/2024/QH15, the issuance of a Certificate to the investor or the transferee of land use rights, house ownership rights, and construction works shall be implemented according to the provisions of Decree No. 101/2024/ND-CP; in case the judgment that has come into legal effect has a decision on land handling that is different from the provisions of Article 6 of Resolution No. 170/2024/QH15, the judgment that has come into legal effect shall be implemented.

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

The Decree also specifically stipulates the procedures for reviewing conditions for continued land use for project implementation, determining specific land prices, calculating land use fees and land rents for 11 projects in Khanh Hoa province as prescribed in Article 5 of Resolution No. 170/2024/QH15.

Accordingly, the procedure for reviewing the conditions for continued land use to implement the project specified in Point a, Clause 1 and Point a, Clause 2, Article 5 of Resolution No. 170/2024/QH15 is implemented as follows:

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. 170/2024/QH15 for each project regarding: conformity with approved land use planning or urban planning (master 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 05 working days from the date of receiving 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 to evaluate 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.

According to the Decree, the selection of land valuation method and the procedure for applying land valuation method to projects falling under the cases specified in Point b, Clause 1 and Point b, Clause 2, Article 5 of Resolution No. 170/2024/QH15 are implemented as follows:

For cases where the State allocates land from February 27, 2006 to before July 1, 2014, Decree No. 123/2007/ND-CP and Circular No. 145/2007/TT-BTC shall apply;

For cases where the State allocates land from July 1, 2014 to before the effective date of this Decree, Article 9 of Decree No. 71/2024/ND-CP shall apply;

For cases where the State leases land from February 27, 2006 to before July 1, 2014, Decree No. 123/2007/ND-CP and Circular No. 145/2007/TT-BTC shall apply;

For cases where the State leases land from July 1, 2014 to before the effective date of this Decree, Article 9 of Decree No. 71/2024/ND-CP shall apply;

The order and procedures for re-determining specific land prices for the cases specified in Points a, b, c and d of this Clause shall comply with the provisions of Decree No. 71/2024/ND-CP.

The Decree clearly states that after a specific land price decision has been made, continue to follow the steps specified in points d, e, g, h, i and k, Clause 2, Article 44 of Decree No. 102/2024/ND-CP and calculate land use fees and land rent payable according to the following formula:

Land use fees and land rents payable are equal to (=) re-determined land use fees and land rents minus (-) land use fees and land rents paid before the effective date of Resolution No. 170/2024/QH15;

In case the re-determined land use fee or land rent is less than the paid land use fee or land rent, the investor is determined to have fulfilled its financial obligations regarding land and the State will not refund the difference...

This Decree comes into force from April 1, 2025./.

According to VNA

Source: https://baothanhhoa.vn/chinh-phu-ban-hanh-nghi-dinh-ve-thao-go-vuong-mac-doi-voi-cac-du-an-dat-dai-244291.htm