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blue-check Land price adjustment coefficients applicable in 2021 in Ha Noi city

Decision No. 01/2021/QD-UBND dated January 25th, 2021 of the People's Committee of Ha Noi City on promulgation of land price adjustment coefficients in 2021 with regard to cases applying coefficients according to regulations of laws as the basis for calculating to collect land levy when the land is assigned without going through auction; collect land levy when organizations have land use rights recognized or land use purpose changed; collect land levy when reselling social houses; determining reserve price for auction of residential land use right in Ha Noi city
VietlawOnline

This Decision is to promulgate K coefficient upon calculating land levy, changing land use purpose in areas within Ha Noi city as follows: Read more

- Hoan Kiem, Ba Dinh, Dong Da and Hai Ba Trung districts: K = 2.15;

- Cau Giay, Thanh Xuan and Tay Ho districts: K = 1.95;

- Land parcels in surrounding communes bordering districts; towns of rural districts (except for towns of Phu Xuyen, My Duc, Ung Hoa, Phuc Tho rural districts); wards of Son Tay township: K = 1.45;

- The remaining areas: K = 1.25.

This Decision takes effect from February 5th, 2021.

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blue-check Amendments to regulations on land

Decree No. 148/2020/ND-CP dated December 18th, 2020 of the Government on
VietlawOnline

This Decree is to amend, supplement to some regulations pertaining to land at the following Decrees: Read more

1. Decree No. 43/2014/ND-CPstatus2 regarding land allocation, land lease, acquisition of land use right transfer to perform investment projects; conditions for transfer of land use rights under housing projects ; procedures for conferment of Certificates of land tenure and ownership of houses, etc.

2. Decree No. 47/2014/ND-CPstatus2 regarding policies on compensation, support and resettlement upon the State’s land withdrawal

3. Decree No. 01/2017/ND-CPstatus2 regarding land lease for executing technical infrastructure construction and business projects at industrial parks, export processing zones.

According to the amendments at Clause 17 Article 1 of this Decree, investment projects on construction of residential houses for sale in the form of “division of land into lots, sale of these divided lots” must satisfy the following conditions:

(i) Project investors must complete the construction of infrastructure facilities;

(ii) Project investors shall fulfill all of their financial obligations related to the projects’ land, including charges and fees;

(iii) The projects completed for such transactions must be located in areas or cities where land use rights may be transferred or disposed of in the form of division of land into lots and sale of these divided lots

(iv) Other conditions prescribed in laws on urban zoning, construction and development, real estate and residential house business activities

In addition, projects on construction of residential houses for sale in the form of division of land into lots and sale of these divided lots must locate outside areas of special or grade-I centrally-affiliated cities; outside areas with strict requirements concerning landscape architecture, downtown areas, and proximities of facilities that serve as prominent architectural points of cities or frontages of regional- or higher-level roads and main landscape roads in cities.

This Decree takes effect from February 8th, 2021.

To abolish Clause 4 of Article 41, the phrase “consolidation and swap of land parcels" at Clause 4 of Article 76 of Decree No. 43/2014/ND-CPstatus2 dated May 15th, 2014; Clauses 8, 10, 15, 31, 46 and 56 of Article 2 in the Decree No. 01/2017/ND-CPstatus2 dated January 6th, 2017.

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blue-check [Merged] - 2014 Law on Housing

Merged Document No. 03/VBHN-VPQH dated July 15th, 2020 of the Office of the National Assembly on the Law on Housing

This document is to merge the amendments, supplements of the Law on Architecture No. 40/2019/QH14 dated June 13th, 2019, Law on Investment No. 61/2020/QH14status2 dated June 17th, 2020, Law No. 62/2020/QH14 dated June 17th, 2020 and Law on Public – Private Partnership Investment No. 64/2020/QH14 dated June 18th, 2020 into the Law on Housing No. 65/2014/QH13status2 dated November 25th, 2014.

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blue-check [Merged] - Regulations on housing ownership and sale

Merged Document No. 03/VBHN-BXD dated March 4th, 2020 of the Ministry of Construction on guidelines for implementation of some content of the law on housing and the Decree No. 99/2015/ND-CPstatus2

This document is to merge the amendments, supplements of Circular No. 02/2019/TT-BXD dated July 1st, 2019 into Circular No. 19/2016/TT-BXDstatus2 dated June 30th, 2016 of the Minister of Construction on guidelines for implementation of some contents of the Law on housing and the Government's Decree No. 99/2015/ND-CPstatus2 dated October 20th, 2015 detailing and guiding the implementation of a number of articles of the Law on housing.

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blue-check Regarding period of land rented for projects on condotels

Dispatch No. 703/BTNMT-TCQLDD dated February 14th, 2020 of the Ministry of Natural Resources and Environment guiding land use policies and ownership certification of non-residential constructions
VietlawOnline

This Official letter provides for guidelines on land use policies and duration as well as ownership certification of condotels and tourist villas Read more

According to Article 48 of 2017 Law on Tourism condotels and tourist villas are tourist accommodation establishments and provision of accommodation services in the condotels and tourist villas are a model of tourism services and listed under accommodation and food service category specified in the Vietnam Standard Industrial Classification (Decision No. 27/2018/QD-TTg).

Accordingly, land used for service provision pertaining to condotels and tourist villas is considered to be land for commercial and services (Point dd Clause 2 Article 10 of Land Law) and apply land use policies land use term according to Article 153, Clause 3 Article 126 of the Land Law. In which the period of land rented for commercial and service purposes is exceeding 50 years or 70 years (in case of projects with large investment capital and slow capital recovery, investment projects in areas with socio-economic hardships or areas with severe socio-economic hardships); upon expired, a land user that wishes to continue to use the land shall be considered for extension of land use term.

With regard to projects invested in condotels and tourist villas, according to the Ministry of Natural Resources and Environment’s opinions, if the projects are eligible for transfer according to Law on Real Estate Trading, the transferees shall be granted the ownership certificate according to Article 32 of Decree No. 43/2014/ND-CPstatus2 and Clause 22 Article 2 of Decree No. 01/2017/ND-CPstatus2 .

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blue-check Land lease decision may be used for applying for construction license

Official letter No. 335/BXD-HDXD dated February 3rd, 2020 of the Ministry of Construction regarding guidelines on legal land documents for granting construction licenses
VietlawOnline

According to Clause 6 Article 3 of Decree No. 53/2017/ND-CP, a land allocation decision or land lease decision (and a land lease contract (if any)) issued after July 1st, 2004 is one of the legal land documents to be used for applying for a construction license. Read more

Accordingly, a project owner may use a land allocation decision or land lease decision as the basis for applying for a construction license.

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blue-check Amendments to regulations on elaboration of policy framework for compensation upon land expropriation

Decree No. 06/2020/ND-CP dated January 3rd, 2020 of the Government on amendments to Article 17 of the Government’s Decree No. 47/2014/ND-CPstatus2 dated May 15, 2014 on compensation, assistance and relocation upon land expropriation by the State
VietlawOnline

This Decree amends, supplements to regulations on elaboration of a policy framework for compensation, assistance and relocation upon land expropriation for execution of an investment project of which investment guidelines are decided by the National Assembly and approved by the Prime Minister. Read more

Accordingly, a policy framework for compensation, assistance and relocation must contain expected progress of the compensation, assistance and relocation plan.

The policy framework for compensation, assistance and relocation shall be elaborated for the whole project and disseminated in detail to each local authority (if any).

If it is required to prepare a centralized relocation area upon land expropriation for execution of an investment project, the area where land is expropriated shall be included in the policy framework so that such centralized relocation area is prepared.

This Circular takes effect from February 20th, 2020.

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blue-check "Progressive tax policies" shall be applied to persons holding the rights to use large amount of land

Resolution No. 116/NQ-CP dated December 6th, 2019 of the Government on promulgating Government’s plan for implementation of Decision No. 82/2019/QH14 dated June 14, 2019 by National Assembly on improvement of policies and laws on planning, management and use of urban land
VietlawOnline

This Resolution specifies measures of the Government to improve policies and laws on planning, management and use of urban land. Read more

Accordingly, in order to strictly control and eliminate land speculation, the Government designated the Ministry of Finance to research and apply progressive tax policies to persons holding the rights to use large amount of land, possessing multiple houses.

In addition, the Government also requests the People’s Committees of provinces and central-affiliated cities to rigorously expropriate land with regard to projects whose land is unused or misused, overdue projects, projects whose investment guidelines are terminated.

This Resolution takes effect from the date of its signing.

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blue-check New guidelines on registration for mortgage of land use rights and assets attached to land

Circular No. 07/2019/TT-BTP dated November 25th, 2019 of the Ministry of Justice on elaborating to registration for mortgage of land use rights and assets attached to land
VietlawOnline

In comparison with the earlier regulations, this Circular removes the principle “future acquired properties on land pledged as collateral should be attached to the land parcel where the asset is located”. Read more

In case a project developer has mortgaged and registered for mortgage of investment projects for construction of buildings other than houses, other investment projects for construction or off-the-plan construction in projects mentioned above as per the law, before selling construction in the projects, the project developer must apply to revise mortgaged contents to withdraw collateral.

A company may authorize its branch to register the mortgage on its behalf and the branch may use its signature upon carrying out the registration for mortgage on behalf of the company.

This Circular takes effect from January 10th, 2019 and replaces Joint Circular No. 09/2016/TTLT-BTP-BTNMTstatus1 dated June 23rd, 2016.

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blue-check Regarding land resource inventory and land use mapping in 2019

Directive No. 15/CT-TTg dated June 17th, 2019 of the Prime Minister on regarding land resource inventory and land use mapping in 2019

The Directive requests ministries and centrally-affiliated agencies to make land resource inventory and land use mapping in 2019 to report to the Prime Minister.

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