The Ministry of Natural Resources and Environment requests the People's Committees of provinces and cities to implement the provisions of the land law.

Accordingly, 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 from May 20, 2023. In order to effectively implement this Decree and implement the Resolution of the regular meeting of the Government in April 2023 in Resolution No. 74/NQ-CP dated May 7, 2023; the concluding opinion of the Government Standing Committee in Notice No. 163/TB-VPCP dated April 28, 2023 of the Government Office , the Ministry of Natural Resources and Environment requests the People's Committees of provinces and centrally run cities to focus on implementing the following contents:

Firstly, review and issue documents under authority to organize the implementation of Decree No. 10/2023/ND-CP; strengthen resources and conditions for land information technology infrastructure to organize the reception of records and return of results of administrative procedure settlement in the electronic environment to ensure efficiency and ease of implementation for people and businesses.

Second, promote the issuance of Certificates of land use rights, house ownership rights and other assets attached to land (Certificates of land use rights, house ownership rights and other assets attached to land) to land users, focusing on reviewing and directing the issuance of Certificates to transferees of land use rights, buyers of houses and construction works in housing development projects and in real estate business projects other than housing development projects as prescribed in Clause 11, Article 1 of Decree No. 10/2023/ND-CP and the guidance of the Ministry of Natural Resources and Environment in Official Dispatch No. 2317/BTNMT-CĐKDLTTĐD dated April 5, 2023 on strengthening land registration and issuance of Certificates in the current situation.

Third, regarding the issuance of Certificates of Land Use Rights for construction works on non- agricultural land that is not residential land and mixed-use apartment buildings built on residential land. In the case of assets that are construction works on non-agricultural land that is not residential land such as: hotels, tourist apartments, tourist villas, office apartments combined with accommodation, commercial services, etc., the Certificate shall be issued in accordance with the provisions of Article 32 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law (amended and supplemented in Clause 22, Article 2 of Decree No. 01/2017/ND-CP, Clause 4, Article 1 of Decree No. 10/2023/ND-CP); The order and procedures for granting a Certificate of Land Use Rights shall comply with the provisions of Article 72 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 11, Article 1 of Decree No. 10/2023/ND-CP); the purpose of land use and the duration of land use shall be determined according to the decision on land allocation, land lease, and permission to change the purpose of land use of the competent state agency in accordance with the provisions of the land law at the time of issuance of the decision.

Information on the form of use on page 2 of the Certificate shall be stated as follows: “private use” as prescribed in Point a, Clause 5, Article 6 of Circular No. 23/2014/TT-BTNMT in case the investor has not transferred the project; state: “shared use” as prescribed in Point b, Clause 5, Article 6 of Circular No. 23/2014/TT-BTNMT in case the investor has transferred parts of the project or project items.

In the case of mixed-use apartment buildings built on residential land, in which a part of the floor area of the apartment building is used as a hotel, tourist apartment, office apartment combined with accommodation, commercial services, etc., and the investor has transferred this area in accordance with the provisions of law, the issuance of the Certificate shall be carried out in accordance with the provisions of Article 32 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 22, Article 2 of Decree No. 01/2017/ND-CP, Clause 4, Article 1 of Decree No. 10/2023/ND-CP); the order and procedures for issuing the Certificate shall be carried out in accordance with the provisions of Article 72 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 11, Article 1 of Decree No. 10/2023/ND-CP).

The display of information on the form of land use, purpose of land use and land use term on page 2 of the Certificate is carried out as follows: Regarding the form of land use, write: "shared use" according to the provisions at Point b, Clause 5, Article 6 of Circular No. 23/2014/TT-BTNMT; Regarding the purpose of land use, write: "rural residential land" or "urban residential land" according to the provisions at Point a, Clause 6, Article 6 of Circular No. 23/2014/TT-BTNMT;

Regarding the land use term, write: "long-term" according to the provisions of Point c, Clause 7, Article 6 of Circular No. 23/2014/TT-BTNMT for buyers of the area used as hotels, tourist apartments, office apartments combined with accommodation, commercial services, etc.; for investors, write the land use term according to the decision on land allocation, land lease, permission to change land use purpose of the competent state agency in accordance with the provisions of the land law at the time of issuance of the decision according to the provisions of Point a, Clause 7, Article 6 of Circular No. 23/2014/TT-BTNMT.

Fourthly, regarding the determination of specific land prices (Clause 1, Article 2 of Decree No. 10/2023/ND-CP), to ensure the time for approval of specific land prices as prescribed in Clause 1, Article 2 of Decree No. 10/2023/ND-CP, it is recommended that the People's Committees of provinces and centrally run cities direct the implementation of the following tasks before making decisions on land allocation, land lease, and permission to change land use purposes:

The Department of Natural Resources and Environment shall base on the dossier of appraisal of land use needs, appraisal of conditions for land allocation, land lease, and permission to change land use purposes to prepare a specific land valuation cost estimate and select an organization with the function of consulting on land valuation according to the provisions of the law on bidding.

Tax authorities, Land Registration Offices, Land Fund Development Centers and other relevant agencies provide information to the selected consulting unit to serve the quick and timely land valuation.

At the same time, the Department of Natural Resources and Environment requires the consulting unit to compare the information records of the land/land plot to be appraised with the records, decisions on land allocation, land lease, and permission to change land use purposes to ensure the accuracy and consistency of information and data serving land valuation, and promptly issue land valuation certificates to serve the work of appraising and deciding on land prices.

The Ministry of Natural Resources and Environment also requested the People's Committees of the provinces to direct the Land Valuation Council, specialized agencies and land valuation consultancy units to promptly conduct land valuation after the Decision on land allocation, land lease and land use purpose change is issued; effectively implement the contents stated in Official Dispatch No. 1856/BTNMT-QHPTTND dated March 22, 2023 of the Ministry of Natural Resources and Environment to strengthen the rectification of state management of land prices. Direct financial agencies to promptly arrange funds to pay land valuation consultancy units upon completion of the consultancy service contract.

Fifth, for cases of force majeure due to the Covid-19 epidemic, the Provincial People's Committee shall base on Decision No. 447/QD-TTg dated April 1, 2020 of the Prime Minister on the announcement of the Covid-19 epidemic, Directive No. 19/CT-TTg dated April 24, 2020 of the Prime Minister on continuing to implement measures to prevent and control the Covid-19 epidemic in the new situation and the actual epidemic situation in the locality to decide the time of impact of cases of force majeure due to the direct impact of the Covid-19 epidemic.

The Ministry of Natural Resources and Environment requests that during the implementation process, if there are any difficulties or problems, the People's Committees of provinces and centrally-run cities should promptly reflect, propose solutions and send them to the Ministry for synthesis and reporting to the Government and the Prime Minister.

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