Remove many obstacles

Decree 10/2023/ND-CP was issued by the Government on April 3, 2023 and took effect from May 20, 2023, amending, supplementing and abolishing a number of articles of a number of Decrees on land, which removed a number of obstacles when implementing the Land Law at the local level, such as: The current Land Law stipulates that in cases where land is not put into use for 12 consecutive months or the land use progress is 24 months behind the progress recorded in the investment project, the investor is granted a 24-month extension of land use. If the extension expires and the investor has not yet put the land into use, the State will reclaim the land without compensation for the land and assets attached to the land, except in cases of force majeure. Force majeure cases are determined according to the provisions of Article 15 of Decree No. 43/2014/ND-CP.

However, in recent times, the Covid-19 pandemic has affected the whole society, falling under one of the force majeure cases as prescribed, but the legal corridor is not complete, causing difficulties in the implementation process. Therefore, the Decree has added a provision that the time affected by the force majeure case is not counted in the 24-month extension period as prescribed in Point i, Clause 1, Article 64 of the Land Law.

Thanks to the provisions of Decree 10/2023/ND-CP, many problems in local land management have been resolved.

Regarding land recovery in case of termination of investment project activities according to the provisions of the law on investment, according to the provisions of Point b, Clause 1 and Point b, Clause 2, Article 15b of Decree No. 43/2014/ND-CP, force majeure cases are referred to in Point I, Clause 1, Article 64 of the Land Law. However, during the implementation process, there is another understanding: when the 24-month extension period for land use progress expires and the investor fails to transfer the land use rights or sell his/her legal assets attached to the land to another investor, the State will continue to grant a 24-month extension according to the provisions of Point I, Clause 1, Article 64. The Decree has provisions on land recovery in case of termination of investment project activities according to the provisions of the law on investment.

In addition, the Decree has amended and supplemented a number of specific provisions on the certification of ownership of construction works used for tourist accommodation purposes in accordance with the provisions of the law on tourism on commercial and service land; regulations on receiving dossiers and returning results of administrative procedure settlement in the electronic environment; regulations on conditions and criteria for allowing the conversion of the purpose of using rice-growing land, protective forest land, and special-use forest land to other purposes to implement investment projects; regulations on procedures for land allocation and land lease in the cases specified in Clause 3, Article 29 of the Investment Law; regulations on the authority to adjust decisions on land allocation and land lease for land allocated and leased by the Prime Minister before the effective date of the Land Law; regulations on the time for issuing decisions approving specific land prices...

According to Ms. Doan Thi Thanh My - Director of the Department of Land, immediately after Decree 10/2023/ND-CP was issued, the Department of Land and the Department of Planning and Land Resources Development, the Department of Land Registration and Data advised the Ministry of Natural Resources and Environment to issue Official Dispatch No. 3382/BTNMT-DD to the People's Committees of provinces and cities on the implementation of the provisions of the law on land, in which, the Ministry requested the People's Committees of provinces and centrally-run cities to focus on reviewing and promulgating documents under their authority to organize the implementation of Decree No. 10/2023/ND-CP; increase resources and conditions for land information technology infrastructure to organize the reception of dossiers and return of results of administrative procedure settlement in the electronic environment to ensure efficiency, easy implementation for people and businesses; regulations on procedures for land recovery in case of termination of investment projects according to the provisions of the law on investment; regulations on conditions and criteria for allowing the conversion of the purpose of using rice-growing land, protective forest land, and special-use forest land to other purposes to implement investment projects; regulations on the time for issuing decisions approving specific land prices...

In addition to guiding a number of provisions of Decree 10/2023/ND-CP, the Official Dispatch also requests that, during the implementation process, if there are any difficulties or problems, the People's Committees of provinces and centrally-run cities are requested to promptly reflect, propose solutions and send them to the Ministry of Natural Resources and Environment for synthesis and reporting to the Government and the Prime Minister.

In addition, as assigned by the leaders of the Ministry of Natural Resources and Environment, the Department of Land has coordinated with units and provincial People's Committees to organize conferences to disseminate and train Decree No. 10/2023/ND-CP in a number of localities, such as: Bac Giang, Quang Tri, Ho Chi Minh City, Da Nang, Ba Ria - Vung Tau, Kien Giang, Hai Phong...

To implement the provisions of Decree No. 10/2023/ND-CP and Official Dispatch No. 3382/BTNMT-DD of the Ministry of Natural Resources and Environment, many localities across the country have organized conferences to implement the Decree and issued documents to departments, branches and localities requesting a review of legal documents in the field of land in the area to advise the People's Committees of provinces and cities to amend, supplement and replace to ensure compliance with regulations and the actual situation of the locality.

Thereby, some localities have promptly issued documents, removing some shortcomings in granting red books for condotels, land auctions, creating favorable conditions for people in granting online certificates...

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