blue-check Amendments to many regulations on land use

Decree No. 10/2023/ND-CP dated April 3rd, 2023 of the Government on amendments and supplements to several Articles of Decrees on instructions for implementation of the Law on Land
Posted: 4/4/2023 7:21:41 AM | Latest updated: 12/4/2023 1:59:12 PM (GMT+7) | LuatVietnam: 5671 | Vietlaw: 606

This Decree supplements many regulations on land at Decree No. 43/2014/ND-CPstatus2 , including:

- Regulations on the period during which the land use schedule of an investment project is affected by a force majeure event shall be excepted from the time length of default or lateness of use of land permitted for the 24 months’ grace as defined in point i of clause 1 of Article 64 in the Law on Land and Article 15b in Decree No. 43/2014/ND-CPstatus2 .

- Regulations on land recovery requirements applied in case of terminating investment projects as prescribed in laws on investment;

- Conditions for auctioning of rights to use the State’s assigned land subject to the land use levy, or the State’s leased land

- Conditions for grant of Certificates of ownership with regard to construction projects developed to serve travel accommodation purposes (clause 5 Article 32).

- Regulations on Implementation of online land-related administrative procedures.

- Land recovery processes and procedures applied in case of terminating investment projects

- Conditions and criteria for grant of permission to repurpose rice, protection forest or special-use forest land with the aim of executing investment projects

- Processes and procedures for assigning or leasing out land as prescribed in clause 3 of Article 29 in the Law on Investment

In which, according to the supplements at Article 15b, in case an investment project is terminated, the investor is entitled to the 24 months' grace (from the day on which the investment project is terminated) to transfer the land use right, land-attached property to another investor.

However, after expiry of the 24 months’ grace, if the investor fails to do so, the State may recover land without paying any compensation for such land or legal land-attached property.

In addition, this Decree also amends Decree No. 44/2014/ND-CPstatus2 on land price, approval of land price, collection of land use levy and Decree No. 148/2020/ND-CPstatus2 on land lease through auction.

This Decree takes effect from May 20th, 2023.


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Effective Date 20-May-2023
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Published Vietlaw's Newsletter No. 606

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Land and Housing

blue-check Amendments to many regulations on land use
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