Notable documents of Vietnam in the previous week (from July 29 to August 4, 2024)

6 cases of issuance of new certificates of land use rights when registering land-related changes in Vietnam from August 1, 2024 

On July 29, 2024, the Government of Vietnam promulgated Decree No. 101/2024/ND-CP on basic land surveys; registration and issuance of certificates of land use rights or ownership of property affixed to land and land information systems. 

According to the Decree, 6 cases of issuance of new certificates of land use rights and ownership of property affixed to land when registering land-related changes or changes to the property affixed to land are as follows: 

(1) Parcel subdivision or parcel consolidation. 

(2) Persons leasing or subleasing land use rights from investors with land allocated or leased by the State for investment in the construction and trading of infrastructures.

(3) Land-based investment projects are subject to adjustments to the detailed construction planning under construction laws or in cases where project investors with issued certificates for all of the land area for project implementation wish for certificates of land use rights or ownership of property affixed to land for each land parcel according to the approved detailed construction planning. 

(4) Certification of ownership of property affixed to land on land parcels with issued certificates. 

(5) Changes to all of the information on land parcels due to measurement or creation of cadastral maps; changes to homestead land areas according to Clause 6 Article 141 of the Law on Land 2024.

(6) Cases of registration of changes to land use rights or ownership of property affixed to land, but the issued certificates do not have sufficient space for confirmation of changes or cases where land users or owners of property affixed to land wish for the issuance of new certificates of land use rights or ownership of property affixed to land. 

See more details in Decree No. 101/2024/ND-CP, effective as of August 1, 2024. 

Cases of individuals directly engaging in agricultural manufacturing in Vietnam from August 1, 2024 

On July 30, 2024, the Government of Vietnam promulgated Decree No. 102/2024/ND-CP on guidelines on the Law on Land 2024, which contains regulations on individuals directly engaging in agricultural manufacturing. 

According to Decree No. 102/2024/ND-CP, individuals directly engaging in agricultural manufacturing are individuals with land allocated or leased or with land use rights of agricultural land recognized by the State; receive land use rights of agricultural land by disposition with incomes gained from agriculture on such land, excluding the following cases: 

(1) Officials, public employees, active duty commissioned officers, professional soldiers, national defense officials, workers, public employees, commissioned officers, non-commissioned officers, public security workers, cipher officers, and other persons working in cipher organizations that receive policies from the state budget; 

(2) Pension beneficiaries; 

(3) Persons resigned due to work capacity reduction or dismissed by employers who are eligible for monthly social insurance allowances; 

(4) Workers with indefinite labor contracts. 

See more details in Decree No. 102/2024/ND-CP, effective as of August 1, 2024. 

Basis for calculating land rents in Vietnam from August 1, 2024 

On July 30, 2024, the Government of Vietnam promulgated Decree No. 103/2024/ND-CP on land use levies and land rents, which contains the basis for calculating land rents from August 1, 2024. 

According to the Decree, the basis for calculating land rents is as follows: 

- Areas subject to land rent calculation according to Article 24 of Decree No. 103/2024/ND-CP.

- Land lease term and land use extension term according to Article 25 of Decree No. 103/2024/ND-CP.

- Land rental unit price according to Article 26 of Decree No. 103/2024/ND-CP.

- Land use mode: land lease by the State with annual land rent payments or land lease by the State under one-off arrangement.

- Policies on land rent exemption or reduction of the State. 

See more details in Decree No. 103/2024/ND-CP, effective as of August 1, 2024. 

Contents of professional knowledge of real estate brokerage training in Vietnam from August 1, 2024 

On July 30, 2024, the Minister of Construction Circular No. 04/2024/TT-BXD on guidelines on the framework program on training and advanced training in knowledge of real estate brokerage practice and real estate trading platform management.

Article 4 of Circular No. 04/2024/TT-BXD stipulates regulations on the professional knowledge of the framework program on training and advanced training in the knowledge of real estate brokerage, applicable as of August 1, 2024. Specifically, the professional knowledge of real estate brokerage shall have a total of 24 learning sessions, including 2 special subjects and the following contents: 

* Special subject 1: Overview of real estate brokerage services, including the following main contents: 

- Introduction to real estate brokerage services; 

- Roles of real estate brokerage in the real estate market; 

- Operational rules of real estate brokerage; 

- Conditions for real estate brokerage service business and professional requirements of real estate brokerage entities; 

- Factors affecting the development of the real estate brokerage occupation;

- Other countries’ experience in real estate brokerage services; 

- Occupational ethics of real estate brokerage entities. 

* Special subject 2: Real estate brokerage processes and skills, including the following main contents: 

- Collection of information on real estate demand and supply; 

- Identification of subjects and parties involved in real estate brokerage deals; 

- Formulation of brokerage deal records; 

- Real estate mortgage records; 

- Time limit and implementation steps of brokerage deals; 

- Real estate marketing; 

- Skills in communications and negotiations in real estate transactions;

- Skills in offering, listing, and advertising real estate; 

- Organization and management of real estate brokerage organizations; 

- Skills in compiling contracts; 

- Skills in managing legal risks in real estate transactions; 

- Application of information technology and social media to real estate business. 

See more details in Circular No. 04/2024/TT-BXD, effective as of August 1, 2024. 

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