(CLO) Ho Chi Minh City Real Estate Association (HoREA) has just received a document from Hiep Phuoc Industrial Park Joint Stock Company (HIPC) regarding difficulties and obstacles in the implementation of the 2024 Land Law and Decree No. 123/2024 at Hiep Phuoc Industrial Park.
Accordingly, HIPC said it has reported to relevant units on the issue of registration and issuance of certificates of land use rights, house ownership rights and other assets attached to land (certificates) at Hiep Phuoc Industrial Park (Hiep Phuoc Commune, Nha Be District).
HIPC said that the 2024 Land Law stipulates that in cases of registration of changes, within 30 days from the date of change, the land user must register the change with the competent authority; in case of enforcement of judgment, the time limit for registration of changes is calculated from the date of handover of the property subject to enforcement or auctioned property.
In addition, Decree 123/2024/ND-CP stipulates that in cases of leasing, subleasing, or mortgaging land use rights without meeting the conditions or without registering land changes, administrative penalties will be imposed on the person who leased, sub-leased, or mortgaged the land.
An industrial park in Ho Chi Minh City spoke out about some problems and difficulties in the implementation of the 2024 Land Law and Decree No. 123. (Photo: ST)
Currently, Hiep Phuoc Industrial Park has cases of signing sublease contracts with payment according to the contract progress, divided into many installments and taking place over many years.
Therefore, after the investor fulfills the payment responsibility on time as stipulated in the contract, HIPC will carry out the procedure of separating the book and this can take place for many years from the time the contract is signed by both parties.
Therefore, HIPC cannot carry out the procedures to register for granting a certificate to the land sub-leasing unit within 30 days as prescribed above.
However, according to Decree 123/2024/ND-CP, if businesses are slow to carry out the change registration procedure, they will still be penalized for those who have leased or subleased the land.
"The current regulation that penalizes those who have leased or subleased land if they are late in registering changes after 30 days from the date of signing the contract is not suitable to reality and will cause great difficulties for businesses operating in industrial park infrastructure," HIPC said.
Regarding this issue, Mr. Le Hoang Chau, Chairman of HoREA, said that the difficulties and problems of Hiep Phuoc Industrial Park (HIPC) are not unique and can occur in all industrial parks, export processing zones, high-tech zones, and industrial clusters (collectively referred to as industrial parks).
Studying the regulations related to the above case, HoREA found that the current regulations are not consistent, not connected and do not include the case where the parties agree to pay rent periodically according to Article 481 of the 2015 Civil Code.
Therefore, the Association finds it necessary to amend a number of points in Decree 123/2024/ND-CP. Specifically, HoREA proposes to amend the administrative sanctions and apply remedial measures in cases of transactions on land use rights transfer, lease, sublease, and capital contribution using land use rights.
Accordingly, in case of leasing, subleasing, or mortgaging land use rights without meeting the conditions or without registering land changes, administrative penalties will be imposed on the person who leased, subleasing, or mortgaged the land.
The Association recommends not applying the 30-day period from the date of change, land users must register the change with the competent authority specified in this Decree for enterprises doing business in infrastructure leasing, subleasing land use rights where the parties agree to pay land rent periodically.
Source: https://www.congluan.vn/xu-phat-nguoi-cho-thue-lai-dat-neu-cham-dang-ky-bien-dong-sau-30-ngay-quy-dinh-lieu-da-phu-hop-post325318.html
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