Several new Government Decrees regulating land, housing and the real estate market... including regulations on land support for ethnic minorities will take effect from August 2024.
The Government issues a new Decree on land prices.
Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government regulating land prices, effective from the effective date of Land Law No. 31/2024/QH15 (August 1, 2024).
Decree 71/2024/ND-CP specifically stipulates the procedures and contents of determining land prices according to 4 methods including comparison, income, surplus, and land price adjustment coefficient.
New regulations on compensation, support and resettlement when the State acquires land
Decree No. 88/2024/ND-CP dated July 13, 2024 of the Government regulating compensation, support and resettlement when the State acquires land; effective from August 1, 2024.
In particular, Decree No. 88/2024/ND-CP stipulates compensation by land with a different purpose than the type of recovered land or by housing when the State recovers land as prescribed in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land Law.
According to regulations, the land price for calculating land use fees when compensating with land with a different purpose of use than the type of land recovered for households, individuals, and people of Vietnamese origin residing abroad who are using residential land or owning houses attached to land use rights in Vietnam is the land price determined according to the land price list at the time of approval of the compensation, support, and resettlement plan.
In case of compensation by land lease with land rent paid in one lump sum for the entire lease term, the land price for calculating land rent is the specific land price decided by the competent People's Committee at the time of approval of the compensation, support and resettlement plan.
Land price for calculating land use fee and land rent when compensating with land with a different purpose than the type of land recovered for economic organizations with recovered residential land is the specific land price decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan.
Illustration photo.
Building a database of housing and real estate market
Decree No. 94/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Law on Real Estate Business on the establishment and management of information systems and databases on housing and real estate markets, effective from August 1, 2024.
The Decree clearly states that the database on housing and real estate market is built in accordance with the National Digital Architecture Framework and the local e-government architecture. The sharing of data on housing and real estate market among relevant ministries, branches and localities to serve state management and resolve administrative procedures is carried out in accordance with the Government's regulations on management, connection and sharing of digital data of state agencies and the law on electronic transactions.
The construction of a database on housing and real estate market is carried out in accordance with regulations on: Collecting information and data; sharing and providing information and data; receiving, processing and storing information and data; time limit for sharing and providing information and data on housing and real estate market.
New regulations on construction of multi-storey multi-apartment houses
The Government issued Decree 95/2024/ND-CP dated July 26, 2024 detailing a number of articles of the 2023 Housing Law.
In particular, the Decree stipulates that the construction of multi-storey houses with many apartments is carried out as follows:
In case of building multi-storey houses with many apartments for rent, for sale or a combination of sale, lease, lease-purchase or with a scale of 20 apartments or more for rent, it is necessary to carry out investment procedures for construction of housing projects according to the provisions of the law on investment, the law on housing, the law on construction and related laws;
In the case of building a multi-storey house with many apartments with a scale of less than 20 apartments for rent, the construction of this house must comply with the regulations on the construction of individual houses, including requirements on design, construction design appraisal, construction permit issuance, construction management and supervision, and requirements on fire prevention and fighting safety according to the provisions of law.
This Decree takes effect from August 1, 2024.
New regulations on operating conditions of real estate trading floors
The Government issued Decree 96/2024/ND-CP dated July 24, 2024 detailing a number of articles of the Law on Real Estate Business. This Decree takes effect from August 1, 2024.
The Decree clearly states that real estate trading floors must meet the conditions prescribed in Article 55 of the Law on Real Estate Business.
The legal representative of the enterprise and the manager of the real estate trading floor shall be responsible for the operations of the real estate trading floor. The legal representative of the real estate trading floor may also be the manager of the real estate trading floor.
A real estate trading floor must have a name and a stable transaction address for more than 12 months and technical equipment that meets the requirements according to the content of the real estate trading floor's operations.
Real estate trading floors are responsible for implementing anti-money laundering measures and reporting on anti-money laundering in accordance with the provisions of law on anti-money laundering.
Emergency evacuation of apartment buildings
The Government issued Decree No. 98/2024/ND-CP dated July 25, 2024 detailing a number of articles of the Housing Law on renovation and reconstruction of apartment buildings.
In particular, the Decree stipulates cases of emergency relocation of apartment buildings including: Apartment buildings damaged by fire or explosion and no longer meet safety conditions for continued use; apartment buildings damaged by natural disasters or enemy attacks and no longer meet safety conditions for continued use.
The Decree takes effect from August 1, 2024.
Issuance of first land use right certificate within 03 working days
The Government issued Decree No. 101/2024/ND-CP dated July 29, 2024 regulating basic land survey, registration of granting certificates of land use rights, ownership of assets attached to land and land information system.
According to the Decree, the time for carrying out procedures for land registration, property attached to land, and granting of Certificates of land use rights and ownership of property attached to land is as follows:
Land registration and property attached to land for the first time is no more than 20 working days; issuance of Certificate of land use rights and property ownership attached to land for the first time is no more than 03 working days.
The above Decree takes effect from August 1, 2024.
Regulations on land support for ethnic minorities
The Government issued Decree No. 102/2024/ND-CP dated July 30, 2024 detailing the implementation of a number of articles of the Land Law. The Decree takes effect from August 1, 2024.
The Decree clearly states that land support for individuals who are ethnic minorities as prescribed in Clause 3, Article 16 of the Land Law is implemented as follows:
1- In case there is no more residential land, residential land will be allocated or the land use purpose will be changed from another type of land to residential land; land users are exempted from land use fees for the area within the residential land allocation limit according to regulations of the Provincial People's Committee.
In case of lack of residential land compared to the residential land allocation limit, the land use purpose can be changed from other land types to residential land and land use fees will be exempted for the area within the residential land allocation limit.
2- In cases where there is no more agricultural land or the agricultural land area in use is less than 50% of the land area compared to the local agricultural land allocation limit, agricultural land within the limit can be allocated.
Source: https://bvhttdl.gov.vn/chinh-sach-moi-co-hieu-luc-tu-thang-8-2024-20240801151023144.htm
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