National Assembly Chairman Tran Thanh Man has just signed Resolution 170/2024/QH15 on specific mechanisms to remove obstacles for projects and land in the conclusions of inspections, examinations, and judgments in Ho Chi Minh City, Da Nang, and Khanh Hoa.
The Resolution takes effect from April 1, 2025.
This Resolution stipulates specific mechanisms and policies to remove obstacles for projects and land in the conclusions of inspections, examinations, judgments in Ho Chi Minh City, Da Nang, Khanh Hoa and 1,313 cases of violations of land use term.
The Resolution allows handling of issued Land Use Rights Certificates for violations of land use term for production and business land in Da Nang City.
Of which, there are 6 cases in Inspection Conclusion No. 2852/KL-TTCP dated November 2, 2012 of the Government Inspectorate that have not adjusted the land use term.
There are 14 cases in Inspection Conclusion No. 2852/KL-TTCP dated November 2, 2012 of the Government Inspectorate that have adjusted land use term.
And 1,313 cases of violating land use term when granting Certificates are similar to cases in Inspection Conclusion No. 2852/KL-TTCP dated November 2, 2012 of the Government Inspectorate, self-reviewed by the People's Committee of Da Nang City and reported as required in the Inspection Conclusion.
In addition, the Resolution also allows handling of continued land use, determination of land prices, calculation of land use fees and land rents for 13 projects in Da Nang City in Inspection Conclusion No. 269/KL-TTCP dated September 16, 2019 of the Government Inspectorate.
In Ho Chi Minh City, the Resolution allows handling of continued land use, determination of land prices, calculation of land use fees and land rents for projects at No. 39 - 39B Ben Van Don (District 4) in Inspection Conclusion No. 757/2021 of the Government Inspectorate.
Investors are allowed to continue using land to implement projects after handling administrative and criminal matters for individuals and organizations with violations and violations, and remedying the consequences of economic violations.
Handling land prices, calculating land use fees, land rents for projects in Ho Chi Minh City in the inspection results report No. 332/2020 of the Government Inspectorate.
The time to determine specific land prices to calculate land use fees for 1,330 apartment projects is determined as follows:
For the land area equivalent to the land use fee that the investor has temporarily paid to the state agency, the time to determine the land price is the time to liquidate the contract with the investor (March 30, 2018).
For the land area that has not paid land use fees, the time to determine land prices is the time when the competent state agency issues the land allocation decision (December 11, 2020).
Regarding the 30.2-hectare project in Binh Khanh ward and the 30.1-hectare land of Nam Rach Chiec in Thu Duc city, the time to determine the specific land price to calculate land use fees for the land in the Inspection Results Report No. 33/2020 of the Government Inspectorate is determined as follows:
For the exchanged land area corresponding to the amount invested by the investor in the 30.2-hectare land plot of Binh Khanh Ward until 2008, the time to determine the land price is the time to complete the land acquisition and compensation for the 30.2-hectare land plot of Binh Khanh Ward (November 20, 2008).
For the land area that has not yet paid land use fees, the time to determine land prices is the time when the competent state agency issues the decision to allocate the 30.1-hectare land of Nam Rach Chiec (April 18, 2017).
The Government shall detail and organize the implementation of this Resolution. At the same time, take full responsibility for the accuracy, completeness and honesty of the dossier, documents, data submitted to the National Assembly and the list of projects in this Resolution compared to the contents concluded by competent authorities.
Guiding, inspecting, and examining the implementation of the Resolution, not allowing disputes, complaints, and lawsuits to arise, not legalizing violations, not allowing new violations to arise, not allowing policy profiteering, group interests, loss, or waste to occur.
The Supreme People's Court, the Supreme People's Procuracy, and the State Audit, within the scope of their tasks and powers, shall coordinate in implementing this Resolution.
