Lam Dong confused about handling "legal assets" in revoked projects

According to the Department of Justice of Lam Dong province, in terms of legal basis, through reviewing relevant legal documents, there are no regulations on the concept of "legal property".

The King Palace project of Hoan Cau Da Lat Joint Stock Company was revoked by Lam Dong province, but the province had to compensate for the costs that the enterprise had invested.

According to the Department of Natural Resources and Environment of Lam Dong province, up to now, there are 11 projects in this province that have been revoked according to the provisions of the law on investment. The Department of Planning and Investment has issued a decision to revoke the above projects.

The Department of Natural Resources and Environment held a meeting with relevant departments, branches and units and reported to the Provincial People's Committee to agree to allow the enterprise whose project was revoked (according to investment law) to legally transfer assets on the land.

The proposal to handle in this direction was agreed by the People's Committee of Lam Dong province. From there, the enterprises proceeded to sign asset transfer contracts and perform their obligations when transferring assets.

Currently, the People's Committee of this province has processed land recovery from sellers of assets attached to leased land to buyers of assets; the remaining 9 enterprises are completing related procedures.

However, relevant regulations (Article 15b, Decree No. 43/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law (amended and supplemented by Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government; Clause 3, Article 189, Land Law) only stipulate that the property is legal without stipulating that this property must be granted a new ownership certificate to be considered legal property.

At the same time, according to the provisions of Clause 1, Article 95, Land Law 2013, land registration is mandatory, but property on land is not mandatory and is performed when the property owner requests it. And according to Article 221, Civil Code 2015, the basis for establishing ownership comes from the original source of creation of the property.

According to the Department of Planning and Investment, the 2020 Investment Law does not have provisions on "legal assets" and "legal asset transfers".

The Department of Construction believes that, according to Article 89 of the 2014 Construction Law, amended and supplemented by Clause 30, Article 1 of the 2020 Construction Law, construction works must have a Construction Permit issued by a competent state agency to the investor in accordance with the provisions of this Law, except for the cases specified in Clause 2 of this Article; there is no concept of legal works, so the conditions of formation must be considered. Therefore, the Department of Construction requests the Department of Justice to study and propose that the Central Ministries and branches explain the terms for appropriate application.

According to the Department of Justice, regarding the legal basis and regulations on "legal property", through reviewing relevant legal documents, there are no regulations on the concept of "legal property".

In addition, for legal assets that require ownership registration, constructions, and contracts must be notarized, certified, etc. in accordance with relevant laws before being transferred. Thus, the transfer of legal assets must meet the conditions and procedures prescribed by law.

Accordingly, for the contents of implementing legal regulations that are still problematic and difficult related to the field of natural resources and environment, the Department of Justice requests the Provincial People's Committee to direct the Department of Natural Resources and Environment to seek professional and technical guidance from the Ministry of Natural Resources and Environment to ensure implementation.

Source: https://baodautu.vn/lam-dong-lung-tung-xu-ly-tai-san-hop-phap-tai-cac-du-an-bi-thu-hoi-d217824.html