The Vietnam Real Estate Association (VNREA) has just sent an official dispatch to 3 ministries on the proposal to amend the draft Decree amending Decree No. 103/2024/ND-CP to remove obstacles for projects.
On July 28, informing Lao Dong Newspaper, Dr. Nguyen Van Khoi - Chairman of the Vietnam Real Estate Association - said that he had sent a document to 3 Ministries: Finance, Agriculture and Environment, Ministry of Justice on the proposal to amend the draft Decree amending Decree No. 103/2024/ND-CP to remove obstacles for projects.
The Vietnam Real Estate Association said that this amendment is extremely necessary to remove difficulties and obstacles for some projects across the country.
The provisions of current law, in Clause 2, Article 257 of the 2024 Land Law, are specified in detail in Clause 2, Article 50 and Clause 9, Article 51 of Decree 103.
In cases where there is a decision on land allocation, land lease, permission to change land use purposes, permission to change from the form of land lease with annual payment to land lease with one-time payment for the entire lease term, land use extension, adjustment of land use term, adjustment of detailed planning... before the effective date of the 2024 Land Law but the land price has not yet been decided, the land user must pay an additional amount for the period not including land use fees and land rents equal to 5.4%/year calculated on the land use fee and land rent payable.
Currently, according to the draft revised Decree being submitted to the Ministry of Justice for appraisal, two options for the proposed additional fee collection are: (1) Maintain the fee at 5.4%/year; (2) Reduced to 3.6%/year.
Based on the recommendations of a number of member enterprises, VNREA continues to make recommendations to the Ministry of Finance (the drafting agency), the Ministry of Justice (the agency appraising the draft Decree), and the Ministry of Agriculture and Environment with 2 contents.
Including amending the draft Decree in the direction of not collecting additional fees for cases where land users, even though they are allocated land or leased land, cannot put the land into business (not yet selling products); only collecting additional fees at a rate of 3.6%/year for cases where land users have put the land into business ( have sold products and collected money).
VNREA believes that the above recommendations are based on grounds such as not collecting in cases where investors do not put land into business to ensure fairness between the State and investors.
Or because according to the provisions of the land law, land users only have the right to put the land into use and business when they have fulfilled their financial obligations for the land.
In fact, most investors comply with legal regulations, although they have been allocated land and leased land, because the land price has not been approved, and their financial obligations regarding land have not been fulfilled, they have not put the land into business.
In this case, if the land user is required to pay additional fees, it is unreasonable because the enterprise does not benefit from the land allocation.
On the contrary, businesses also suffered losses due to the delay in determining land prices, leading to the inability to put the land into business.
For cases where land is still put into business before the State agency determines the land price, in this case the enterprise has benefited from the allocation of land, so the State's request to collect additional fees is reasonable.
