Will the Decree 10/2023/ND-CP amending the Decree guiding the Land Law of Vietnam take effect from 20/05/2023?
- Has there been a Decree amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law of Vietnam?
- Vietnam: What are the conditions for auction of land use rights when the State allocates land with collection of land use levy or leases land according to the new regulations?
- When will the Decree amending and supplementing the Decree guiding the Land Law be applied in Vietnam?
Has there been a Decree amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law of Vietnam?
On April 3, 2023, the Government issued Decree 10/2023/ND-CP amending and supplementing a number of articles of decrees guiding the implementation of the Land Law.
Accordingly, Decree 10/2023/ND-CP amends and supplements the following contents:
(1) Decree 43/2014/ND-CP dated May 15, 2014 detailing a number of articles of the Land Law
- Supplementing Clause 4, Article 15 on the affected time for force majeure cases, which is not included in the extended period of 24 months;
- Amending and supplementing Article 15b on land recovery in case the operation of an investment project is terminated in accordance with the provisions of the law on investment;
- Supplementing Article 17a on auction of land use rights when the State allocates land with collection of land use levy or leases land;
- Supplementing Clause 5, Article 32 on Certificate of ownership of non-residential construction works;
- Amending and supplementing Article 37 on issuance of Certificates for the cases specified in Clause 4, Article 95 of the 2013 Land Law, Clause 3, Article 105 of the Land Law;
- Supplementing Clause 5, Article 46 on management and use of land by agricultural and forestry companies after being rearranged, renewed and developed, and improved operational efficiency;
- Amending Clause 6, adding Clauses 7 and 8, Article 60 on submission of dossiers and return of results of implementation of administrative procedures for land;
- Supplementing Article 65a on the order and procedures for land recovery in case the operation of an investment project is terminated in accordance with the law on investment;
- Supplementing Article 68a on conditions and criteria for allowing the conversion of land use purposes for rice cultivation, protection forest land, and special-use forest land to other purposes for implementation of investment projects.
- Supplementing Article 68b on the order and procedures for land allocation and land lease for the case specified in Clause 3, Article 29 of the Investment Law;
- Amending and supplementing Article 72 on the order and procedures for registration and issuance of certificates of land use rights and ownership of houses and other land-attached assets to recipients of land use rights transfer or purchase housing, construction works in housing development projects and in real estate business projects other than housing development projects;
- Amending and supplementing Article 101 on Competence to adjust decisions on land recovery, land allocation, land lease, permission to change land use purpose before July 1, 2014;
(2) Decree 44/2014/ND-CP dated May 15, 2014 regulating land prices
- Supplementing Clause 4, Article 16 on the order and procedures for specific land price determination
- Supplementing Article 18a on Time of calculation and collection of land rent in case of extension of land use term or adjustment of land use term
(3) Decree 148/2020/ND-CP dated December 18, 2020 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law
- Amending and supplementing Clause 12, Article 1 on commercial and service land use;
- Amending and supplementing Clause 21, Article 1, order and procedures for land allocation, land lease, permission to change the use purpose of rice-growing land, protective forest land or special-use forest land for other purposes
- Amending and supplementing Clauses 1 and 5 of Article 4 in the transitional regulations.
Has there been Decree 10/2023/ND-CP amending the decree guiding the Land Law effective from 20/05/2023? (Image from the Internet)
Vietnam: What are the conditions for auction of land use rights when the State allocates land with collection of land use levy or leases land according to the new regulations?
Pursuant to the provisions of Clause 3, Article 1 of Decree 10/2023/ND-CP as follows:
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
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3. To add Article 17a as follows:
“Article 17a. Auction of land use rights when the State allocates land with collection of land use levy or leases land
1. An organization participating in an auction of land use rights must fully satisfy the following conditions:
a) Belonging to the subjects who are allocated or leased land by the State according to the provisions of Articles 55 and 56 of the Land Law. In case of auctioning a land plot or a project consisting of one or more land plots in which two (02) or more companies have cross-ownership in accordance with the law on enterprises, only one company may participate in the auction. auction of the above land use rights;
b) Satisfying the conditions specified in Clause 3, Article 58 of the Land Law, Clauses 2 and 3, Article 14 of this Decree;
c) A deposit equal to 20% of the total value of the land plot or land area calculated at the starting price for auction of land use rights must be paid;
d) Not being banned from participating in auctions as prescribed by law;
dd) Satisfy the conditions prescribed by the law on housing and the law on real estate business in 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) Belonging to the subjects who are allocated or leased land by the State according to the provisions of Articles 55 and 56 of the Land Law and satisfy the conditions specified at 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 satisfy the conditions specified at Point a of this Clause and Points b and dd Clause 1 of this Article.
3. Conditions for land put up for auction of land use rights include:
a) Satisfy the provisions of Clause 1, Article 119 of the Land Law;
b) The starting price has been decided by a competent state agency for auctioning land use rights;
c) The auction of land use rights is carried out for each land plot;
d) There is a detailed planning 1/500 approved by a competent authority for land for implementation of housing construction investment projects.
4. From the time of announcing the auction winning result, the deposit and interest (if any) will be converted into a deposit to ensure the fulfillment of financial obligations of the land user.
In case the auction winner fails to pay or fails to fully pay the land use right auction winning amount as prescribed at Point d, Clause 5, Article 68 of this Decree, the auction winner will not receive the deposit back. In case the auction winner has paid more than the deposit, the State will refund the difference more than the prescribed deposit amount.
Thus, the new regulations have added conditions for organizations, households and individuals when participating in the auction of land use rights according to the above contents.
When will the Decree amending and supplementing the Decree guiding the Land Law be applied in Vietnam?
Pursuant to the contents of Clause 1, Article 5 of Decree 10/2023/ND-CP as follows:
Terms enforcement
1. This Decree takes effect from May 20, 2023.
Thus, according to the above provisions, the provisions amending and supplementing a number of articles of the decrees guiding the Land Law will be applied from May 20, 2023.
Decree 10/2023/ND-CP takes effect from May 20, 2023.
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