New land regulations take effect from August 15

Decree No. 226 amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law takes effect from August 15 with many new points that people need to know.

Decree No. 226 amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law took effect from August 15 with new points such as amending regulations on recording land use fee debt when issuing red books; new regulations on appraisal and approval of land use rights auction plans; adding cases of compensation when recovering land...

Amending regulations on recording land use fee debt when issuing red books

The Government has just issued Decree No. 226 amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law. This Decree takes effect from August 15.

Accordingly, the Decree amends and supplements a number of articles of Decree No. 101 dated July 29, 2024 of the Government regulating basic land survey; registration, granting of land use right certificates, ownership of assets attached to land (red books - PV) and land information system.

Decree 226 amends regulations on recording land use fees when issuing red books. Illustrative photo.

In particular, the Decree amends and supplements Point a and Point c, Clause 11, Article 18 of Decree No. 101, regulating the debt of land use fees when issuing red books.

According to the new regulations, the subjects that are allowed to owe land use fees when issuing certificates of land use rights and ownership of assets attached to land for the first time are individuals and households currently using land and have a need to owe; the order and procedures for debt recording, payment, and debt cancellation of land use fees for households and individuals who are allowed to owe land use fees are implemented according to the provisions of law on land use fee collection and land rent.

The land use fee debt period of the subjects specified in Point a of this Clause shall be calculated until the land user exercises the right to convert, transfer, donate land use rights, mortgage, contribute capital using land use rights and must pay the full outstanding land use fee before exercising these rights; in case of donation or inheritance of land use rights, the donee belonging to a poor household, near-poor household and the inheritor shall continue to be recorded in debt.

Regarding the amount and the period of debt, it is still implemented according to the provisions of Decree No. 101. Specifically, the amount of land use fee to be debt in the case specified in Point a of this Clause is the total amount of land use fee payable at the time of granting the Certificate of land use rights and ownership of assets attached to land.

The recording of land use fee debt for the subjects specified in Point a of this Clause shall be applied from August 1, 2024 to July 31, 2029. Payment and cancellation of land use fee debt shall be carried out in accordance with the provisions of law on land use fee collection and land rent.

New regulations on appraisal and approval of land use rights auction plans

The Decree also amends and supplements Article 55 of Decree No. 102 on auction of land use rights when the State allocates land with land use fee collection and leases land.

Decree 226 also adds new regulations on appraisal and approval of land use rights auction plans. Photo: Phan Thien.

Specifically, Clause 4, Article 55 on appraisal and approval of land use rights auction plans is amended in the direction that in cases where land use rights auctions fall under the land allocation and lease authority of the Chairman of the Commune People's Committee, the agency with the function of land management at the commune level shall inspect and complete the dossier and submit it to the Chairman of the Commune People's Committee for approval of the land use rights auction plan.

In case the land use rights auction falls under the authority of the Chairman of the Provincial People's Committee to allocate or lease land, the competent land management agency at the provincial level shall inspect and complete the dossier and submit it to the Chairman of the Provincial People's Committee for approval of the land use rights auction plan.

Additional compensation cases when land is recovered

The Decree also adds Article 14A after Article 14 of Decree No. 88 dated July 15, 2024, regulating compensation, support, and resettlement when the State acquires land, which stipulates that in case of compensation for perennial trees that are the type that can be harvested multiple times as prescribed in Clause 2, Article 103 of the Land Law, if the yield of the garden that has not been harvested yet cannot be determined corresponding to the number of years remaining in the harvest cycle, the compensation level is calculated based on the actual damage value of the garden.

In case the Provincial People's Committee considers issuing the unit price for compensation for damage to crops and livestock as prescribed in Clause 6, Article 103 of the Land Law, but there is no production process for crops and livestock issued by a competent authority, it shall be based on the actual situation of the locality to issue...

Source: https://baoquangninh.vn/loat-quy-dinh-moi-ve-dat-dai-hieu-luc-tu-15-8-3372034.html