Vietnam: How to deal with small overlapping public land that cannot be separated into independent projects?
- Request the Chairman of the People's Committee of the province to organize the determination of land prices to approve particular land prices in Vietnam?
- How to guide the formulation and adjustment of master plans and land use plans?
- How to deal with small overlapping public land that cannot be separated into independent projects?
Request the Chairman of the People's Committee of the province to organize the determination of land prices to approve particular land prices in Vietnam?
Recently, the Ministry of Natural Resources and Environment issued Official Dispatch No. 3054/BTNMT-QHPTTND in 2023 guiding the resolution and removal of difficulties and obstacles in the implementation of real estate projects.
According to that, the Ministry of Natural Resources and Environment stated that currently, the Ministry of Natural Resources and Environment is drafting a Circular amending and supplementing Circular No. 36/2014/TT-BTNMT dated June 30, 2014 detailing methods land valuation law; building and adjusting land price list; specific land valuation and land price determination consultancy.
While not amending and supplementing Circular No. 36/2014/TT-BTNMT, the Chairman of the People's Committees of the provinces and centrally-run cities is requested to direct the local functional agencies to organize the determination of land prices in order to approve specific land prices on time as prescribed in Clause 1, Article 2 of Decree No. 43/2014/ND-CP;
At the same time, it is also suggested that the Chairman of the Provincial-level People's Committee strictly implement the contents of Official Dispatch No. 1856/BTNMT-QHTPTTND, ensure the land price determination in accordance with the provisions of law and do not delay in determining the land price.
The request was made because on April 3, 2023 the Government issued Decree No. 10/2023/ND-CP amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law (effective in implemented from May 20, 2023), in which Clause 1, Article 2 stipulates that the People's Committee of the province is responsible for issuing a decision approving particular land prices within 90 days from the date a competent state agency issues a decision on land allocation, land lease, change of land use purpose, permitting the change from the form of land lease with annual land rental payment to one-off land lease payment for the entire lease period, land use extension, and land use term adjustment.
On February 10, 2023, the Ministry of Natural Resources and Environment issued Official Dispatch No. 664/BTNMT-QHPTTD to the Departments of Natural Resources and Environment of the provinces and centrally-run cities summarizing the implementation of Circular No. 36/2014/TT-BTNMT and proposed amendments and supplements.
On March 23, 2023, the Ministry of Natural Resources and Environment issued Official Dispatch No. 1856/BTNMT-QHPTTTND to the People's Committees of the provinces and centrally-run cities requesting strengthening and rectification of the state management of land prices in Vietnam.
Vietnam: How to deal with small overlapping public land that cannot be separated into independent projects? (Image from the Internet)
How to guide the formulation and adjustment of master plans and land use plans?
According to the guidance in Section 1 of Official Dispatch No. 3054/BTNMT-QHPTTND in 2023, there are guidelines on the formulation and adjustment of master plans and plans on land use as follows:
On April 27, 2023, the Prime Minister of Vietnam issued Official Dispatch No. 315/TTg-CN on the formulation, appraisal and approval of five-year land use plans for 2021-2025 at provincial level and formulation and adjustment of district-level land use planning for the 2021-2030 period.
On May 2, 2023, the Prime Minister of Vietnam issued Official Dispatch 360/CD-TTg on the results of the implementation of the assigned land use plan targets; synthesize land use targets that need to be adjusted in the land use planning up to 2030 and the land use plan up to 2025.
Regarding this content, the Ministry of Natural Resources and Environment has issued Official Dispatch No. 1792/BTNMT-TCQLĐĐ dated April 3, 2020 on the elaboration, appraisal and approval of district-level land use planning for the period 2021 - 2030 and the plan. annual land use at district level when provincial planning has not been approved; Official Dispatch No. 4707/BTNMT-TCQLĐĐ dated August 15, 2022 on the formulation of a five-year land use plan (2021-2025) at the provincial level, the formulation of a district land use plan; Official Dispatch No. 59/BTNMT-CQHPTTND dated January 6, 2023, Official Dispatch No. 294/BTNMT-QHPTTND dated January 30, 2023 and Official Dispatch No. 1708/BTNMT-QHTPTTND dated March 17, 2023 to the People's Committees of provinces and cities The city directly under the Central Government requests to report on the results of the implementation of Decision No. 326/QD-TTg dated March 9, 2022 of the Prime Minister of Vietnam and the formulation of a 5-year land use plan (2021-2025) at the provincial level.
The Ministry of Natural Resources and Environment requests the Chairman of the People's Committees of the provinces and centrally-run cities to direct the local functional agencies to urgently implement the instructions of the Prime Minister of Vietnam; carry out the formulation of master plans and plans on land use in accordance with the law and report on the implementation as required in the guiding documents of the Prime Minister of Vietnam, the Ministry of Natural Resources and Environment.
How to deal with small overlapping public land that cannot be separated into independent projects?
Regarding the handling of the small overlapping public land area that cannot be separated into an independent project, then:
According to Official Dispatch No. 3054/BTNMT-QHPTTND in 2023 on solving and removing difficulties and obstacles in the implementation of real estate projects, it mentioned the handling of small overlapping public land areas that cannot be separated into Independent projects are required to apply according to Clause 13, Article 1 of Decree No. 148/2020/ND-CP and Article 8 of the 2013 Land Law of Vietnam.
At the same time, the Chairman of the People's Committee of the province or centrally run city is requested to promptly promulgate specific regulations on conditions, criteria, scale and ratio for splitting into independent projects for the land area allocated by the State for management according to its competence.
Specifically, according to Article 16 of Decree No. 43/2014/ND-CP (amended and supplemented by Clause 13, Article 1 of Decree No. 148/2020/ND-CP) stipulating the cases to separate the small overlapping land area into Independent projects are as follows:
- In case the land area is eligible to be split into an independent project, the People's Committee of the competent level shall decide to recover the land for land allocation or land lease for implementation of that independent project in the form of auction of land use rights as prescribed.
The auction of land use rights shall be conducted no later than 90 days from the date on which the State issues a decision on land recovery;
- In case the land area is not eligible for splitting into an independent project, the People's Committee of the province shall base on the current land use status and socio-economic conditions of the locality to organize the review and specific determination of project scale, investment location and decide on land recovery to allocate or lease land for the implementation of an investment project not through an auction of land use rights, without bidding for a project that uses land, and must determine a specific land price for the purpose of calculating land use levy, land rent according to regulations;
- The land recovery, compensation, support and resettlement specified at Points a and b of this Clause shall comply with regulations as in the case of land recovery for use for economic development purposes - society for the national interest and public interest;
- Provincial-level People's Committees shall specify conditions, criteria, scale and ratio for splitting into independent projects specified at Points a and b, Clause 5, Article 16 of Decree No. 43/2014/ND-CP.
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