Tiếng Việt Tiếng Anh
 Headquarters: 40/9/8 Tran Van Quang, Ward 10, Tan Binh District, HCM City
 Office: 284/61 Ly Thuong Kiet, Ward 14, 10 District, Ho Chi Minh City
 Monday Friday: 8:00 - 17:00
 Saturday: 8:00 - 11:00
Hotline  0913.849.072
Tiếng Việt Tiếng Anh

Decree 10/2023/ND-CP amending and supplementing a number of articles of Decrees guiding the implementation of the Land Law

Date Submitted: 15/05/2023 08:50 AM

     

     

    GOVERNMENT
    -------

     

    SOCIALIST REPUBLIC OF VIETNAM
    Independence - Freedom - Happiness
    ---------------

    No.: 10/2023/ND-CP

    Hanoi, April 3, 2023

     

    DECREE

    AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREES GUIDING THE IMPLEMENTATION OF LAND LAW

    Pursuant to the Law on Government Organization dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

    Pursuant to the Land Law dated November 29, 2013;

    Pursuant to the Law on Asset Auction dated November 17, 2016;

    Pursuant to the Investment Law dated June 17, 2020;

    Pursuant to Resolution No. 39/2021/QH15 dated November 13, 2021 of the National Assembly on National Land Use Planning for the period 2021 - 2030, vision to 2050, 5-year National Land Use Plan 2021 - 2025;

    At the request of the Minister of Natural Resources and Environment,

    The Government issued a Decree amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law.

    Article 1. Amending and supplementing a number of articles of Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law

    1. Add Clause 4, Article 15 as follows:

     “4. The time affected by force majeure cases is not included in the 24-month extension as prescribed in Point i, Clause 1, Article 64 of the Land Law and Article 15b of this Decree.

    The Chairman of the Provincial People's Committee shall, based on the provisions of law on force majeure cases and the actual implementation of investment projects, determine the time affected by force majeure cases on the project. belongs to a province or centrally run city. In case the project is located in two or more provinces and centrally run cities, based on the proposal of the People's Committee of the relevant provinces and centrally run cities, the Minister of Natural Resources and Environment consider and decide; In case of necessity, seek opinions from relevant Ministries and branches.”

    2. Amend and supplement Article 15b as follows:

     “Article 15b. Land recovery in case of termination of investment project operations according to the provisions of law on investment

    Land recovery in case of termination of investment project operations according to the provisions of law on investment, except in cases where the State recovers land as prescribed in Clause 1, Article 64 and Clause 1, Article 65 of the Law Land is implemented according to the following regulations:

    1. In case the State allocates land with land use fees, or leases land with a one-time rental fee for the entire lease period, land recovery will be handled as follows:

    a) The investor may continue to use the land for 24 months from the date the investment project is terminated according to the provisions of investment law;

    b) Within 24 months from the date the investment project is terminated according to regulations, the investor is allowed to transfer land use rights and sell legal assets attached to the land to other investors according to regulations. provisions of law.

    At the end of the 24-month extension of land use progress, if the investor fails to transfer land use rights or sell his/her legal assets attached to the land to another investor, the State will recover the land use rights. No compensation for land or assets attached to land, except for force majeure cases specified in Clause 1, Article 15 of this Decree.

    2. In case the State leases land with annual land rent, land recovery shall be handled according to the following regulations:

    a) The investor may continue to use the land for 24 months from the date the investment project is terminated according to the provisions of investment law;

    b) Within 24 months from the date the investment project is terminated according to regulations, the investor may sell legal assets attached to the land to other investors in accordance with the law. The State recovers land from the seller of assets attached to the leased land so that the asset buyer can use the leased land.

    At the end of the 24-month extension period for land use, if the investor fails to sell his/her legal assets attached to the land to another investor, the State will recover the land without compensation. land and assets attached to land, except for force majeure cases specified in Clause 1, Article 15 of this Decree.”

    3. Add Article 17a as follows:

    “Article 17a. Auction of land use rights when the State allocates land with collection of land use fees or leases land

    1. Organizations participating in the auction of land use rights must meet the following conditions:

    a) Being subject to land allocation or lease by the State according to the provisions of Article 55 and Article 56 of the Land Law . In case of auction of a plot of land or a project consisting of one or more plots of land in which two (02) or more companies have cross-ownership of each other according to the provisions of law on enterprises, only one company may participate. auction of land use rights above;

    b) Meet the conditions specified in Clause 3, Article 58 of the Land Law , Clauses 2 and Clause 3, Article 14 of this Decree;

    c) Must pay a deposit equal to 20% of the total value of the land plot or plot of land calculated at the starting price to auction land use rights;

    d) Not subject to being banned from participating in the auction according to the provisions of law;

    d) Meet the conditions prescribed by the law on housing and the law on real estate business in the case of auctioning land use rights to implement housing projects or other real estate business projects.

    2. Conditions for households and individuals to participate in the auction of land use rights:

    a) Being subject to land allocation or lease by the State according to the provisions of Article 55 and Article 56 of the Land Law and meeting the conditions specified in Points c and d, Clause 1 of this Article;

    b) In case households and individuals participate in the auction of land use rights to implement an investment project, they must ensure the conditions specified in Point a of this Clause and Points b and dd Clause 1 of this Article.

    3. Conditions for land to be auctioned for land use rights include:

    a) Meets the provisions of Clause 1, Article 119 of the Land Law ;

    b) The starting price has been decided by a competent state agency to auction land use rights;

    c) The auction of land use rights is carried out for each plot of land;

    d) There is a 1/500 detailed planning approved by a competent authority for land for housing construction investment projects.

    4. From the time of announcing the winning auction results, the deposit and interest (if any) will be converted into a deposit to ensure the fulfillment of the land user's financial obligations.

    In case the auction winner does not pay or does not fully pay the winning price for land use rights as prescribed in Point d, Clause 5, Article 68 of this Decree, the auction winner will not receive the deposit back. In cases where the auction winner has paid more than the deposit, the State will refund the difference greater than the deposit according to regulations.

    4. Add Clause 5, Article 32 as follows:

    “5. For construction works used for tourist accommodation purposes according to the provisions of law on tourism on commercial and service land, if they meet the conditions prescribed by the law on land and the law on land. Regarding construction and real estate business laws, ownership of construction works attached to land can be certified for the purpose of commercial and service land use; Land use term as prescribed in Clause 3, Article 126, Clause 1, Article 128 of the Land Law . The owner of a construction project is responsible before the law for meeting the conditions prescribed by the law on construction and the law on real estate business.

    Certification of ownership of construction works specified in this Clause is carried out according to the provisions of Clauses 1, 2, 3 and 4 of this Article. The display of information about the land plot on the Certificate must be for the right purpose and land use term as prescribed by law."

    5. Amend and supplement Article 37 as follows:

    “Article 37. Issuance of Certificates for cases specified in Clause 4, Article 95, Clause 3, Article 105 of the Land Law

    1. For localities that have established a Land Registration Office as prescribed in Clause 1, Article 5 of this Decree, the issuance of Certificates and confirmation of changes to the issued Certificates shall be carried out as follows:

    a) The land registration office applies to organizations and religious establishments; Vietnamese people residing abroad implementing investment projects; foreign organizations and individuals; enterprises with foreign investment;

    b) The Land Registration Office Branch or Land Registration Office deals with households, individuals, residential communities, and Vietnamese residing abroad to own houses associated with the right to residential land use in Vietnam;

    c) The Land Registration Office and Land Registration Office Branch may use their seal to issue Certificates and confirm changes to the issued Certificates.

    2. For localities that have not established a land registration office as prescribed in Clause 1, Article 5 of this Decree:

    a) The Department of Natural Resources and Environment issues Certificates to organizations and religious establishments; Vietnamese people residing abroad implementing investment projects; foreign organizations and individuals; enterprises with foreign investment;

    b) The District People's Committee issues Certificates to households, individuals, communities, and Vietnamese residing abroad to own housing associated with residential land use rights in Vietnam.

    3. In case the Provincial People's Committee authorizes the Department of Natural Resources and Environment to issue a Certificate of land use rights, ownership of houses and other assets attached to land specified in Clause 1, Article 105 of the Law Land can use the seal of the Department of Natural Resources and Environment.

    4. The Ministry of Natural Resources and Environment regulates cases of issuance of Certificates of land use rights, ownership of houses and other assets attached to land when registering changes in land and attached assets. with land and confirmation of changes in the issued Certificate.”

    6. Add Clause 5, Article 46 as follows:

    “5. In case an agricultural or forestry company has a decision to allocate or lease land according to an approved land use plan according to the provisions of Clauses 1, 2 and 3 of this Article, then the State recovers the land of Agricultural and forestry companies for purposes specified in Article 61 and Article 62 of the Land Law shall not readjust the land use plan; Land recovery is carried out in accordance with current laws.”

    7. Amend clause 6 , add clause 7 and clause 8, Article 60 as follows:

    “6. Carry out land administrative procedures in the electronic environment

    a) Based on the specific conditions of land information technology technical infrastructure and land database under management, the agency receives documents and returns results of administrative procedures related to land under regulations. stipulated in this Article is responsible for organizing the receipt of documents and returning results of administrative procedures in the electronic environment according to regulations of the Government.

    b) In case of carrying out administrative procedures for registration and issuance of Certificates in the electronic environment, proceed as follows:

    The agency receiving and processing documents is responsible for implementing land-related administrative procedures and orders according to the provisions of land law; In cases where it is necessary to check, verify and clarify or due to other reasons, the results of dossier settlement are not returned in accordance with regulations on time for resolving land-related administrative procedures, the agency receiving the dossier and resolving Decide on procedures for sending a notice in writing or via the Public Service Portal or via SMS to the requester, clearly stating the reason.

    Land users and owners of assets attached to land are responsible for fulfilling financial obligations according to the provisions of law directly or online through the payment function of the Public Service Portal.

    The receiving agency or agency handling the dossier notifies the requester to carry out administrative procedures to submit the original of the issued Certificate and required documents after the land user completes their financial obligations. .

    Return of results of administrative procedures is carried out at the dossier-receiving agency or via public postal service or at the required location in the case of receiving dossiers and returning results of administrative procedures. Procedures for registration of land and other assets attached to land, issuance, renewal, and re-issuance of Certificates.

    7. Land users and owners of assets attached to land who request to carry out land-related administrative procedures specified in this Article are responsible before the law for the accuracy and truthfulness of the declared content. and documents in the submitted application.

    The dossier receiving agency is responsible for checking the completeness of the dossier components; The agency handling land-related administrative procedures is responsible for implementing it within its authority and within the time prescribed by law, and is not responsible for the contents of the documents and papers contained in the files that have been approved. previously approved, appraised, approved or resolved by other competent agencies or persons.

    8. Connecting, sharing data, and electronically interoperating between agencies to handle administrative procedures and pay financial obligations of the person requesting the procedure shall be carried out in accordance with the provisions of law. Law on implementing administrative procedures in the electronic environment and law on implementing the one-stop shop mechanism.

    8. Add Article 65a as follows:

    “Article 65a. Order and procedures for land recovery in case of termination of investment project operations according to the provisions of investment law

    1. The investment registration agency or investor sends a document terminating the operation of an investment project using land in accordance with the law on investment to the natural resources and environment agency where the land is located, except cases specified in Point d, Clause 2, Article 48 of the Investment Law .

    2. After receiving the document terminating the operation of the investment project, the natural resources and environment agency is responsible for checking and identifying investment projects that have been terminated and must have land recovered.

    3. Land recovery and organization of implementation of land recovery decisions are carried out in accordance with the provisions of Article 15b and Clauses 2, 3, 4, Article 66 of this Decree.”

    9. Add Article 68a as follows:

    “Article 68a. Conditions and criteria for changing the purpose of using rice cultivation land, protective forest land, and special-use forest land to other purposes to implement investment projects

    1. Have an investment project that has its investment policy approved or has been granted an investment registration certificate according to the provisions of investment law.

    2. In accordance with district-level land use planning, investment projects are included in the list of annual district-level land use plans approved in accordance with the provisions of law.

    3. Have a replacement forest planting plan or document fulfilling the responsibility to pay for replacement forest planting according to the provisions of forestry law in case of changing the use purpose of protective forest land or special-use forest land to another purpose; There is a plan to use the topsoil and a document to complete the responsibility to pay money to protect and develop rice land according to the provisions of the law on crop cultivation in case of changing the purpose of using rice-growing land to other purposes. other.

    4. Have a preliminary environmental impact assessment and environmental impact assessment according to the provisions of law on environmental protection (if any).

    5. Agencies and persons competent to evaluate and approve the policy of changing the use purpose of protective forest land, special-use forest land, and rice cultivation land to other purposes are only responsible for the contents in Clauses 2 and 2. Clause 3 of this Article; is not responsible for other contents that have been previously assessed, approved, decided, approved or resolved by competent agencies or persons."

    10. Add Article 68b as follows:

    “Article 68b. Order and procedures for land allocation and land lease for the cases specified in Clause 3, Article 29 of the Investment Law

    In cases where the investor is approved according to the provisions of Clause 3, Article 29 of the Investment Law 2020 , the order and procedures for land allocation, land lease, and permission to change land use purpose specified in Clause 1 of this Article will apply. Clause 3, Article 68 of this Decree. The competent authority carries out investor approval procedures when the investor meets the conditions prescribed by relevant laws.

    Agencies and persons competent to handle procedures for land allocation, land lease, and permission to change land use purposes are not responsible for the contents of investment policy approval and investor selection according to regulations. regulations of investment law, housing law and other relevant laws.”

    11. Amend and supplement Article 72 as follows:

    “Article 72. Order and procedures for registration and issuance of Certificates of land use rights, ownership of houses and other assets attached to land for recipients of land use rights transfer, housing and construction purchases Construction in housing development projects and in real estate business projects other than housing development projects

    1. After completing the project, the investor is responsible for sending the following documents to the Department of Natural Resources and Environment:

    a) For housing development projects:

    Certificate or decision on land allocation or land lease from a competent authority; Documents fulfilling the project investor's financial obligations. In case there is a change in financial obligations, documents must be submitted proving the completion of financial obligations for that change (except for cases where exemption is required). or late payment according to the provisions of law);

    Built house and land plans are completed floor plans or site design drawings with the dimensions of the sides of each sold apartment in accordance with the current construction status and signed contract; Construction permit (if any); Notice from the specialized construction agency allowing the investor to accept the project or accept the acceptance results of the completed project and put it into use according to the provisions of construction law; list of apartments and construction works (with information on apartment numbers, land area, construction area and common and private use area of ​​each apartment; in case of an apartment building, the diagram must be Shows the scope (size, area) of land for common use by apartment owners, apartment building construction site, site plan of each floor, each apartment.

    b) For real estate business projects other than housing development projects:

    Certificate of land use rights, ownership of houses and other assets attached to land; Documents fulfilling the project owner's financial obligations. In case there is a change in financial obligations, documents must be submitted proving the completion of financial obligations for that change (except in cases of exemption or delay). paid according to the provisions of law);

    The site design drawing is consistent with the current construction status and the signed contract; Notice from the specialized construction agency allowing the investor to accept the construction items or projects or approve the acceptance results of completed construction items or works to be put into use according to the provisions of law. about construction; list of assets (construction, construction items, area of ​​the construction item) including information on the name of the asset, land area, construction area for common use, private use of each asset product.

    2. Within no more than 30 days from the date of receipt of valid documents, the Department of Natural Resources and Environment is responsible for checking the current status of land use, houses and constructed works other than houses and Conditions for transferring land use rights, selling houses and construction works of project investors.

    After completing the inspection, the Department of Natural Resources and Environment is responsible for sending a notification to the project investor about the inspection results; Send a notice with the inspected house, land, and non-residential construction plans to the Land Registration Office to carry out procedures for registering houses, land, and non-residential constructions. the buyer for cases that meet the conditions prescribed by law; Publicly post the test results on the website of the Provincial People's Committee and the Department of Natural Resources and Environment where the land is located.

    3. The housing project investor is responsible for submitting 01 set of application documents to register and issue a Certificate of land use rights, ownership of housing and other assets attached to land on behalf of the transferee of use rights. use land, buy houses, non-residential constructions or provide documents for the buyer to register themselves. Profile includes:

    a) Application for registration of land and assets attached to land, issuance of Certificate of land use rights, ownership of houses and other assets attached to land;

    b) Contracts on transfer of land use rights, purchase and sale of houses and non-residential construction works according to the provisions of law;

    c) Minutes of handover of houses, land, and non-residential construction works.

    4. The land registration office is responsible for:

    a) Check legal documents in the file; Confirm eligibility or ineligibility for issuance of Certificate of land use rights, ownership of housing and other assets attached to land in the registration application;

    b) Send cadastral data to tax authorities to determine financial obligations;

    c) Update information in cadastral records and land database (if any);

    d) Implement the issuance of Certificates of land use rights, ownership of houses and other assets attached to land specified in Article 37 of this Decree;

    Contact for free legal advice

    Avatar

    Lawyer Phan Minh Hoang

    More than 10 years of experience in legal consulting activities, participating in litigation in the following fields: Land, Civil, Enterprise, Administrative, Labor, Criminal...

    Hotline : 0913.849.072

    Viber
    Zalo
    Hotline