Removing many obstacles

Decree 10/2023/ND-CP, issued by the Government on April 3, 2023 and effective from May 20, 2023, amends, supplements, and repeals several articles of some decrees on land, thereby resolving some difficulties in the implementation of the Land Law at the local level. For example, current land law stipulates that if land is not put into use for 12 consecutive months or the land use progress is 24 months behind the schedule stated in the investment project, the investor is granted an extension of 24 months. If, after the extension period, the investor still has not 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, the recent Covid-19 pandemic has affected the entire society, constituting a force majeure event as stipulated, but the legal framework is incomplete, causing difficulties in implementation. Therefore, the Decree has added a provision that the period affected by force majeure events is not included in the 24-month extension period as stipulated in point i, clause 1, Article 64 of the Land Law.

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

Regarding land reclamation in cases of termination of investment projects as stipulated by investment law, according to point b, clause 1 and point b, clause 2 of Article 15b of Decree No. 43/2014/ND-CP, the provisions refer to force majeure as stipulated in point I, clause 1, Article 64 of the Land Law. However, during implementation, there was a misunderstanding: if, after the 24-month extension period for land use progress expires, the investor fails to transfer land use rights or sell their legally owned assets attached to the land to another investor, the State may grant another 24-month extension as stipulated in point I, clause 1, Article 64. The Decree already contains provisions on land reclamation in cases of termination of investment projects as stipulated by investment law.

In addition, the Decree has amended and supplemented several specific regulations regarding the certification of ownership rights for construction works used for tourist accommodation purposes in accordance with the law on tourism on commercial and service land; regulations on receiving applications and returning results of administrative procedures electronically; regulations on the conditions and criteria for allowing the conversion of land use from rice cultivation land, protective forest land, and special-use forest land to other purposes for investment projects; regulations on the procedures for land allocation and leasing in cases stipulated in Clause 3, Article 29 of the Investment Law; regulations on the authority to adjust decisions on land allocation and leasing for land already allocated or leased by the Prime Minister before the effective date of the Land Law; regulations on the time frame for issuing decisions approving specific land prices...

According to Ms. Doan Thi Thanh My, Director of the Land Department, immediately after the issuance of Decree 10/2023/ND-CP, the Land Department and the Department of Land Planning and Development, and the Department of Land Registration and Data advised the Ministry of Natural Resources and Environment to issue Official Letter No. 3382/BTNMT-DD to the People's Committees of provinces and cities regarding the implementation of land law regulations. In this letter, the Ministry requested the People's Committees of provinces and centrally-administered cities to focus on reviewing and issuing, within their authority, documents to organize the implementation of Decree No. 10/2023/ND-CP; strengthen resources and conditions regarding land information technology infrastructure to organize the receipt of applications and return of results for administrative procedures in an electronic environment to ensure efficiency and ease of use for citizens and businesses; and regulate the procedures for land recovery in cases where investment projects cease operation according to the provisions of investment law. Regulations specifying the conditions and criteria for permitting the conversion of land use from rice cultivation land, protective forest land, and special-use forest land to other purposes for investment projects; regulations specifying the timeframe for issuing decisions approving specific land prices…

Besides providing guidance on some provisions of Decree 10/2023/ND-CP, the Official Letter also requested that, during the implementation process, if any difficulties or obstacles arise, the People's Committees of provinces and centrally-administered cities should promptly report them, propose solutions, and send them to the Ministry of Natural Resources and Environment for compilation and reporting to the Government and the Prime Minister.

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

To implement the regulations in Decree No. 10/2023/ND-CP and Official Letter No. 3382/BTNMT-DD of the Ministry of Natural Resources and Environment, many localities nationwide have organized conferences to implement the Decree and issued documents to departments, agencies, and localities requesting a review of legal documents in the field of land in their areas to advise the Provincial/City People's Committee on amendments, supplements, and replacements to ensure compliance with regulations and the actual situation of the locality.

As a result, some localities have promptly issued documents, resolving some shortcomings in granting land use certificates for condotels and land auctions, creating favorable conditions for people to obtain certificates online…

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