(NLDO) - The National Assembly has issued a Resolution to remove legal obstacles for projects and land in Ho Chi Minh City, Da Nang, and Khanh Hoa.
The National Assembly has issued and promulgated Resolution No. 170/2024/QH15 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 Resolution takes effect from April 1, 2025.
Resolution stipulating 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 (illustrative photo)
Resolution 170 stipulates 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, as determined in the Appendix issued with this Resolution, and 1,313 cases of violations of land use term when granting land use right certificates, land use right certificates, house ownership rights, and other assets attached to land.
The implementation principle is to ensure proper authority, order and handling procedures as prescribed in this Resolution and relevant legal provisions, in accordance with international treaties and international agreements to which Vietnam is a member and signatory.
In Ho Chi Minh City, the Resolution allows handling of continued land use, land price determination, land use fee calculation, land rent for the project at No. 39 - 39B Ben Van Don (District 4) in the inspection conclusion No. 757/KL-TTCP dated May 13, 2021 of the Government Inspectorate. Investors are allowed to continue using land to implement the project after administrative and criminal handling of individuals and organizations with violations, mistakes, overcoming the consequences of economic violations, and recovering material benefits due to violations according to the legally effective judgment.
Handling of land prices, land use fee and land rent for projects in Ho Chi Minh City in the inspection report No. 332/BC-TTCP dated December 9, 2020 of the Government Inspectorate. The specific time for determining land prices to calculate land use fees for the 1,330-apartment project in the inspection report No. 332/2020 is determined as follows: For the land area equivalent to the land use fee that the investor has temporarily paid to the state agency, the time for determining land prices is the time of contract liquidation with the investor (March 30, 2018).
For the land area for which land use fees have not been paid, the time for determining land price is the time when the competent state agency issues the land allocation decision (December 11, 2020).
The specific time for determining land prices to calculate land use fees for the 30.2 ha land plot in Binh Khanh ward and the 30.1 ha land plot in Nam Rach Chiec in inspection result report No. 332/BC-TTCP is determined as follows:
For the area of land exchanged corresponding to the amount of money the investor has invested in the 30.2 ha land plot in Binh Khanh ward up to 2008 (compensation, support, and construction investment costs have been audited and appraised), the time to determine the land price is the time of completion of land recovery and compensation for the 30.2 ha land plot in Binh Khanh ward (November 20, 2008).
For the land area for which land use fees have not been paid, the time for determining land price is the time when the competent state agency issues the decision to allocate land for the 30.1 ha Nam Rach Chiec land area (April 18, 2017).
The National Assembly assigns the Government to specify and organize the implementation of this Resolution. At the same time, it shall be fully responsible for the accuracy, completeness and truthfulness of the records, documents, data and information submitted to the National Assembly and the list of projects in this Resolution compared to the contents concluded by competent authorities.
Guide, inspect and examine the implementation of the Resolution, not to allow disputes, complaints and lawsuits to arise, not to legalize violations, not to allow new violations to arise, not to allow policy exploitation, group interests, loss and waste.
The Supreme People's Court, the Supreme People's Procuracy, and the State Audit, within the scope of their tasks and powers, shall coordinate in organizing the implementation of this Resolution.
Source: https://nld.com.vn/quoc-hoi-ra-nghi-quyet-go-vuong-phap-ly-cho-cac-du-an-dat-dai-tai-tp-hcm-da-nang-196250220162006703.htm
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