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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 10/2023/ND-CP
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Hanoi, April 3,
2023
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DECREE
AMENDMENTS AND
SUPPLEMENTS TO SEVERAL ARTICLES OF DECREES ON INSTRUCTIONS FOR IMPLEMENTATION
OF THE LAW ON LAND
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments and Supplements to certain Articles
of the Law on Government Organization and the Law on Local Government
Organization dated November 22, 2019;
Pursuant to the Law on Land dated November 29,
2013;
Pursuant to the Law on Property Auctioning dated
November 17, 2016;
Pursuant to the Law on Investment dated June 17,
2020;
Pursuant to the National Assembly’s Resolution
No. 39/2021/QH15 dated November 13, 2021, regarding the land use planning
during the 2021 – 2030 period with vision towards 2050; the 5-year Plan for use
of national land from 2021 to 2025;
At the request of the Minister of Natural
Resources and Environment,
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Article 1. Amendments and supplements to several
Articles of the Decree No. 43/2014/ND-CP dated May 15, 2014, elaborating on the
implementation of certain Articles of the Law on Land
1. Adding clause 4 to
Article 15 as follows:
“4. The period during which the land use
schedule of an investment project is affected by a force majeure event shall be
excepted from the time length of default or lateness of use of land permitted
for the 24 months’ grace as defined in point I of clause 1 of Article 64 in the
Law on Land and Article 15b in this Decree.
Presidents of provincial People’s Committees shall
consult regulations of law on force majeure situation and actual developments
of investment projects to determine the period during which an investment
project located in a province or centrally-affiliated city is affected by a
force majeure event. For an investment project that is located in at least two
provinces or centrally-affiliated cities, after considering the proposals
submitted by relevant provincial People's Committees, the Minister of Natural
Resources and Environment shall issue his decision; where necessary, an opinion
survey involving concerned Ministries and central authorities may be
conducted."
2. Inserting Article 15b as
follows:
“Article 15b. Land recovery requirements
applied in case of terminating investment projects as prescribed in laws on
investment
The following land recovery formalities shall be
applied in case of terminating investment projects as per laws on investment,
except as the State recovers land under clause 1 of Article 64 and clause 1 of
Article 65 in the Law on Land:
1. If the State assigns land subject to land use
levies, or lease out land for a lump-sum land rent paid for the entire lease
period, land recovery formalities shall be taken as follows:
a) The investor is entitled to the 24 months' grace
to continue to use the assigned or leased land from the day on which the
investment project is terminated as defined in laws on investment;
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After expiry of the 24 months’ grace, if the
investor fails to do so, the State may recover land without paying any
compensation for such land or legal land-attached property, except as any force
majeure event specified in clause 1 of Article 15 herein takes place.
2. If the State leases out land and collects land
use levy on an annual basis, land recovery formalities shall be as follows:
a) The investor is entitled to the 24 months' grace
to continue to use the leased land from the day on which the investment project
is terminated as defined in laws on investment;
b) Within the 24 months’ grace from the day on
which the investment project is terminated as stipulated in law, the investor
is entitled to sell legal land-attached property to another investor as
prescribed in law. The State recovers land of the seller of property attached
to the leased land to let it out to the buyer of such property.
After expiry of the 24 months’ grace, if the
investor fails to do so, the State may recover land without paying any
compensation for such recovery of land or legal land-attached property, except
as the force majeure event specified in clause 1 of Article 15 herein takes
place.”
3. Inserting Article 17a as
follows:
“Article 17a. Auctioning of rights to use the State’s
assigned land subject to the land use levy, or the State’s leased land
1. In order to be eligible to attend an auction of
land use right, an entity shall fully meet the following conditions:
a) They are categorized as one of the subjects of
the State's assignment and lease of land as defined in Article 55 and 56 in the
Law on Land. If a parcel of land, or a project sited at one or more parcels of
land under cross ownership of two (02) or more companies as provided in laws on
enterprises, is put up for auction, only one company is allowed to participate
in that auction;
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c) They have to pay a deposit which is 20% of total
value calculated at the starting price of the parcel or the complex of parcels
at auction before coming up for the auction of land use right;
d) They are not prohibited from attending the
auction as prescribed in laws;
dd) They have to meet the conditions defined in
laws on housing and laws on real estate business in order to attend the auction
of the right to use land for execution of housing and other real estate
business projects.
2. Conditions for eligibility of family households
and individuals to attend auctions of land use rights:
a) They are categorized as one of the subjects of
the State's assignment or lease of land according to the regulatory provisions
of Article 55 and 56 in the Law on Land, and meet the conditions specified in
point c and point d of clause 1 of this Article;
b) If a family household or individual attends an
auction of the right to use land for execution of an investment project, the
conditions specified in point a of this clause, point b and point dd of clause
1 of this Article.
3. Conditions of land put up for an auction,
including:
a) The land at auction has to meet all requirements
set out in clause 1 of Article 119 in the Law on Land;
b) The starting price at which the right to use
such land is auctioned is decided by a competent state authority;
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d) The cadastral map in 1:500 scale of the parcel
used for execution of a housing construction project has been available with
approval from a competent authority.
4. When the winner of an auction is announced, an
advance payment and interest (if any) are converted into a deposit that secures
financial obligations that such auction winner must take on in the role of a
land user.
If that auction winner does not pay or underpays
the successful bid as stated in point d of clause 5 of Article 68 herein, the
auction winner shall not be entitled to their deposit refund. If the auction
winner overpays the required deposit, they shall be entitled to the refund of
the overpayment in accordance with regulations.”
4. Adding clause 5 to
Article 32 as follows:
“5. For construction projects developed to serve
travel accommodation purposes as prescribed in laws on tourism on commercial or
service land, if any of them satisfies the conditions set forth in laws on
land, construction and real estate business, the ownership of that construction
project attached to land is certified according to the commercial or service
purposes of land as prescribed in clause 3 of Article 126, and clause 1 of
Article 128 in the Law on Land. Owners of these construction projects shall be
held legally responsible for strict compliance with the conditions prescribed
in law on construction and law on real estate business.
Certification of ownership of the construction
project specified in this clause shall be subject to clause 1, 2, 3 and 4 of
this Article. That Certificate of ownership shall include particulars, right
purposes and use term of a parcel in accordance with laws.”
5. Amending and
supplementing Article 37 as follows:
“Article 37. Grant of Certificates of land use
right, ownership of house and land-attached property (hereinafter referred to
as Certificate(s)) as per clause 4 of Article 95 and clause 3 of Article 105 in
the Law on Land
1. For administrative subdivisions where Land
Registration Offices have set up in accordance with clause 1 of Article 5
herein, Certificates or endorsement of changes in the existing Certificates may
be granted, subject to the following regulations:
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b) Branches of Land Registration Offices or Land
Registration Offices are authorized to deal with applications for Certificates
or endorsement of changes in Certificates submitted by family households,
individuals, residential community and overseas Vietnamese permitted to own
houses attached to land use rights in Vietnam;
c) Land Registration Offices and Branches of Land
Registration Offices are authorized to use their own seals affixed to grant
Certificates or endorsement of changes in the existing Certificates.
2. For administrative subdivisions where Land
Registration Offices have not yet been set up as prescribed in clause 1 of
Article 5 herein:
a) Provincial Departments of Natural Resources and
Environment are authorized to deal with applications for Certificates or
endorsement of changes in Certificates submitted by religious organizations and
institutions; overseas Vietnamese executing investment projects; foreign
entities and persons; foreign-invested enterprises.
b) District People’s Committees are authorized to
deal with applications for Certificates or endorsement of changes in
Certificates submitted by family households, individuals, residential community
and overseas Vietnamese permitted to own houses attached to land use rights in
Vietnam.
3. If provincial People’s Committees mandate
Departments of Natural Resources and Environment to grant the Certificates as
specified in clause 1 of Article 105 in the Law on Land, the use of the seals
of Departments of Natural Resources and Environment is permitted.
4. Ministry of Natural Resources and Environment
shall issue regulations on granting Certificates when registering changes in
land or land-attached property, and the endorsement of changes in the existing
Certificates.”
6. Adding clause 5 to
Article 46 as follows:
“5. In case the State recovers land of an
agriculture or forestry company getting a decision to assign or lease land
according to the approved land use plan as prescribed in clause 1, 2 and 3 of
this Article in order to use such land for the purposes specified in Article 61
and Article 62 in the Law on Land, adjustments to the land use plan shall not
be made. Such land recovery shall be as defined in laws in force.”
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“6. Implementation of online land-related
administrative procedures
a) Based on specific conditions relating to
land-related information technology infrastructure and land databases put under
their management, agencies receiving and handling land-related applications
specified in this Article shall be responsible for receiving and notifying
decisions on land-related applications online according to the Government's
regulations.
b) Online administrative procedures for
registration and grant of Certificates shall be implemented as follows:
An agency receiving and notifying decisions on
land-related applications shall be responsible for following land-related
administrative processes and procedures prescribed in laws on land; when
needing to verify land-related applications, or failing to issue decisions on
land-related applications within the prescribed time limits for handling of
land-related applications due to other causes, the agency receiving and
handling land-related applications shall send applicants notifications issued
in writing or via the Public Service Portal or SMS, clearly stating reasons for
those actions.
Land users and land-attached property owners shall
be responsible for meeting financial obligations pursuant to laws directly or
online via the payment solution embedded into the Public Service Portal.
The application receiving agency or the application
handling agency shall request the applicant to submit the original Certificate,
enclosing other documents as legally required, after the land user has
fulfilled financial obligations.
Decisions on applications for registration of land
and other land-attached property; for issuance, replacement or reissuance of
Certificates shall be issued at offices of land-related application receiving
agencies or by public post, or to the given addresses of recipients.
7. Land users and land-attached property owners
applying for land-related administrative decisions as referred to in this
Article shall be held legally responsible for accuracy and truthfulness of
declared information and enclosed documents.
Application receiving agencies shall be responsible
for checking whether required documents included in applications are adequate;
application handling agencies shall be responsible for handling applications
under their jurisdiction and within the time limit prescribed in law without
bearing any responsibility for information included in documents and papers
that has been accepted, appraised, approved or handled before.
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8. Inserting Article 65a as
follows:
“Article 65a. Land recovery processes and
procedures applied in case of terminating investment projects as prescribed in
laws on investment
1. The investment registration agency or investor
sends the written notice of termination of the investment project using land as
defined in laws on investment to the natural resource and environment authority
having jurisdiction over the project land, except as stipulated in point d of
clause 2 of Article 48 in the Law on Investment.
2. Upon receipt of that written notification of
termination of the investment project, the natural resource and environment
authority shall have the duty to check and determine whether land of that
investment project is recovered.
3. Land recovery and implementation of land
recovery decisions shall be subject to Article 15b and clause 2, 3 and 4 of
Article 66 in this Decree.”
9. Inserting Article 68a as
follows:
“Article 68a. Conditions and criteria for grant
of permission to repurpose rice, protection forest or special-use forest land
with the aim of executing investment projects
1. These investment projects need to obtain
approval of investment policies or certificates of investment registration
pursuant to law on investment.
2. These investment projects have to conform to the
district-level land use planning schemes, and be on the list of district-level
annual land use plans that is approved in accordance with law.
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4. There is preliminary environmental impact
assessment or environmental impact assessment conducted under law on
environmental protection (if any).
5. Agencies and persons having authority to
appraise and approve policies on repurposing of protection forest land,
special-use forest land or rice cultivation land shall bear responsibility for
implementation of those specified in clause 2 and 3 of this Article; shall
disclaim all responsibility for others appraised, approved, decided, approved
or handled by competent agencies or persons before.”
10. Inserting Article 68b
as follows:
“Article 68b. Processes and procedures for
assigning or leasing out land as prescribed in clause 3 of Article 29 in the
Law on Investment
With respect to the case in which an investor is
approved of as prescribed in clause 3 of Article 29 in the 2020 Law on
Investment, processes and procedures for assigning land and leasing out land or
granting permission to repurpose land that are specified in clause 3 of Article
68 in this Decree may be applied. Competent authorities carry out procedures
for approval of an investor if that investor meets the conditions specified in
relevant laws.
Agencies and persons having authority to deal with
procedures for assigning land, leasing out land or repurposing land shall
disclaim all responsibility for implementation of regulations concerning
approval of investment policies and selection of investors prescribed in law on
investment, housing and other relevant laws.”
11. Amending and
supplementing Article 72 as follows:
“Article 72. Processes and procedures for
registration and grant of Certificates to transferees of land use rights and
buyers of residential houses or construction facilities of housing development
projects and real estate business projects other than housing development
projects
1. After completing the projects mentioned
hereunder, investors shall be responsible for submitting the following
documents to the Departments of Natural Resources and Environment:
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The Certificate or the decision on land assignment
or lease of a competent authority; the documentary evidence of the investor’s
discharge of financial obligations. If there is any change in financial
obligations, the documentary evidence of discharge of financial obligations
arising from such change shall be needed (except when the investor is granted
exemption from submission or permission for late submission prescribed in
laws);
The layout plan of the house and land after
construction, which is an as-built drawing or a floor plan containing
information about measurements of sides of each sold apartment according to the
actual condition of the construction work and the contract already in effect; the
construction permit (if any); the notice that a specialized construction
authority issues to permit the investor’s acceptance testing of the
construction work or approve the results of the acceptance testing of the
construction work under laws on construction; the list of apartments and
construction works (including information about the apartment identity number,
land area, construction area and area of common and private space of each
apartment). For an apartment building project, the layout plan must describe
the coverage (i.e. dimensions and area) of the land commonly used by apartment
owners, the construction floor area of the entire building, and the floor plan
of the entire building, the plan of each floor and each apartment unit.
b) For real estate business projects other than
housing development projects:
The Certificate; the documentary evidence of the
investor’s discharge of financial obligations. If there is any change in
financial obligations, the documentary evidence of discharge of financial
obligations arising from such change shall be needed (except when the investor
is granted exemption from submission or permission for late submission
prescribed in laws);
The floor plan conformable to the actual
construction condition and the contract already in effect; the notification
that a specialized construction authority issues to grant the investor
permission for acceptance testing of an item of work or a construction work, or
approval of results of acceptance testing of an item of work or a construction
work under laws on construction; the list of assets (e.g. items of work,
construction works, parts of construction works), including information about
their names, land area, common or private construction area of each asset.
2. Within 30 days of receipt of the valid
application, the receiving Department of Natural Resources and Environment
shall inspect the actual condition of land, residential house and
non-residential construction work, and the investor’s conformance to
regulations on transfer of land use right and sale of the residential house or
construction work.
After completing the inspection, that receiving
Department of Natural Resources and Environment shall be responsible for
notifying the investor of the inspection results; sending the notification,
enclosing the layout plan of the inspected house, land and non-residential
construction work to the Land Registration Office in order for it to complete
the procedures for granting registration of the residential house, land and
non-residential construction work in the name of the buyer if the application
fully meets all of the legally prescribed conditions; publishing the inspection
results on the website of the provincial People's Committee and/or the
Department of Natural Resources and Environment having authority over the land
in question.
3. Each housing project investor is required to
submit 01 set of application documents for registration and grant of the
Certificate on behalf of the transferee of land use right or the buyer of the
residential house or non-residential construction work, or provide necessary
documents for the buyer so that they can seek registration on their own. A set
of application documents shall include the following:
a) The written application form for registration of
land and land-attached property and for grant of the Certificate;
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c) The record of handover of the residential house,
land or the non-residential construction work.
4. Land registration offices shall assume the
following responsibilities:
a) Check legal documents enclosed in the set of
application documents; certify that an applicant is eligible or ineligible for
the Certificate in the written application for registration;
b) Send cadastral data and figures to a tax
authority to determine financial obligations;
c) Provide latest updates to the cadastral records
and land database (if any);
d) Grant the Certificate according to Article 37 in
this Decree;
dd) Request each project investor to submit the
Certificate that they have been granted for adjustments to the cadastral
records and land database;
e) Confer the Certificate to the applicant.
5. Land registration offices shall receive
applications, handle registration procedures for registration and grant of
Certificates to transferees of land use right, buyers of houses and
non-residential construction works in housing development projects and real
estate business projects other than housing development projects if all
required application documents prescribed in clause 3 of this Article are
submitted.”
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“Article 101. Authority to adjust decisions on
recovery, assignment, lease and permitted repurposing of land before July 1,
2014
If an agency has authority to decide recovery,
assignment, lease and permit repurposing of land pursuant to the 2013 Law on
Land, then it shall has authority to decide adjustments to the decision on
recovery, assignment, lease and permission for repurposing of land without
recourse to authority to decide recovery, assignment, lease and permit
repurposing of land that it had prior to July 1, 2014.”
Article 2. Amendments and supplements to several
Articles of Decree No. 44/2014/ND-CP dated May 15, 2014, prescribing land
prices, as follows:
1. Adding clause 4 to
Article 16 as follows:
“4. In reference to application of land pricing
methods specified in clause 1, 2, 3 and 4 of Article 4 in this Decree,
provincial People’s Committees shall be responsible for issuing the decision on
approval of a particular land price within 90 days from the day on which a
competent state agency issues the decision on assignment, lease or repurposing
of land; permission for conversion from land lease arrangement under which
annual rent payments are made into land lease arrangement under which the
lump-sum rent payment is made for the entire lease term; extension or
adjustment of the land use term.”
2. Inserting Article 18a as
follows:
“Article 18a. Commencement date from which land
rents are calculated in case of extension or adjustment of the land use term
1. If a land user is entitled to extension of the
land use term granted by a competent state authority upon expiry of the land
use term, land rent calculation shall commence on the first date of the
subsequent lease term.
2. If a land user receives a competent state
authority's decision on adjustment of the land use term, the commencement date
of land rent calculation shall be subject to the following regulations:
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b) If they use land leased out by the State under
an annual rent payment arrangement, calculation of the land rent in the first
cycle of fixed land rent shall commence on the effective day of the State’s
decision to adjust the land use term as a basis for calculation of the annual
land rent.”
Article 3. Amendments and supplements to the Government's
Decree No. 148/2020/ND-CP dated December 18, 2020 on amendments and supplements
to a number of Decrees elaborating on implementation of the Law on Land
1. Amending and
supplementing clause 12 of Article 1 (originally, clause 2 of Article 14b in the
Decree No. 43/2014/ND-CP) as follows:
“2. Use commercial type or service type land.”.
2. Amending and
supplementing clause 21 of Article 1 (originally, point d of clause 5 of
Article 68 in the Decree No. 43/2014/ND-CP) as follows:
“d) Within 05 working days from the day on which
winners of land auctions discharge their financial obligations, natural
resources and environment agencies shall seek approval from competent
authorities to grant of Certificates and conclusion of land leases in case of
land lease; organize the on-site handover of land and conferral of
Certificates; take control of updating and revising the land database and
cadastral records.
In case where any winner does not pay or underpays
the successful bid for land use right within 120 days of receipt of the
decision on recognition of the auction winner, the People's Committee having
corresponding authority may make that decision null and void.”.
3. Amending and
supplementing clause 1 and clause 5 of Article 4 as follows:
“1. With respect to land for industrial and
commercial uses specified in Article 16 of the Decree No. 43/2014/ND-CP that
includes the portion of land assigned by the State; is the agricultural land
for public utility uses and maybe split into an independent project, if the
State has issued a decision to recover and assign or lease such land to another
investor before the effective date of this Decree, the original investor may
continue to use such land until the end of the land assignment or lease term.
If the land assignment or lease decision is still pending from the day on which
the land recovery decision is made available for use, the regulatory provisions
of this Decree shall govern, except as prescribed in point b of clause 2 of
Article 118 in the Law on Land.
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5. If a competent authority has designated an
investor that is entitled to assigned or leased land without needing to go
through the process of auction of land use right as defined in point b of
clause 2 of Article 118 in the Law on Land to execute an investment project
defined in law on investment before the effective date of this Decree,
procedures for assigning or leasing out land without needing to go through the process
of auction of land use right may be continued."
Article 4. Grandfather clauses
1. If Certificates that have been signed by
competent authorities before the effective date of this Decree have not yet
been issued to land users or owners of land-attached property,
Certificate-related procedures shall be continued in accordance with
regulations in force before the effective date of this Decree.
2. If application dossiers for participation in
land use right auctions have been received before the effective date of this
Decree, relevant laws remaining in force on the date of receipt of these
dossiers shall continue to govern.
3. If dossiers on adjustment of the decision on
recovery, assignment, lease or permitted repurposing of land that the Prime
Minister issued before July 1, 2004 have been received, regulations in force
before the effective date of this Decree shall continue to govern.
Article 5. Implementation clauses
1. This Decree is coming into effect as of May 20,
2023.
2. Replacing the phrase "place
of permanent residence registration in the family record" with the phrase
"place of permanent residence registration" in Article 3a of the
Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 (inserted according to
clause 2 of Article 2 in the Government’s Decree No. 01/2017/ND-CP dated
January 6, 2017, amending and supplementing a number of Decrees elaborating on
implementation of the Law on Land).
3. Replacing the phrase
"issuing certificates of land use right, ownership of house and other land-attached
property in case of being authorized to do so according to regulations" in
clause 4 of Article 2 in the Decree No. 01/2017/ND -CP with the phrase
"issuing and confirming change of certificates of land use right,
ownership of house and other land-attached property according to
regulations".
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a) Replacing the phrase "ID card" with
the phrase "ID card/citizen identification card/personal identification
number" in Form No. 01;
b) Replacing the phrase "ID card, citizen
identification card" with the phrase "ID card/citizen identification
card/personal identification number" in Form No. 02;
c) Replacing the phrase "address of permanent
residence registration in the family record, ID card number" with the
phrase "address of permanent residence registration, ID card/citizen
identification card/personal identification number" in Form No. 05.
5. The following
regulations shall be abolished:
a) Clause 4 and 5 of Article 5b in the Government’s
Decree No. 43/2014/ND-CP dated May 15, 2014 (inserted according to the
regulatory provisions of clause 6 of Article 2 in the Government’s Decree No.
01/2017/ND-CP dated January 6, 2017, amending and supplementing a number of
Decrees elaborating on implementation of the Law on Land);
b) Clause 14, 23, 45 and 62 of Article 2 and Clause
6 of Article 3 in the Government’s Decree No. 01/2017/ND-CP dated January 6,
2017, amending and supplementing a number of Decrees elaborating on
implementation of the Law on Land;
c) Clause 6 and 7 of Article 1 in the Government’s
Decree No. 148/2020/ND-CP dated December 18, 2017, amending and supplementing a
number of Decrees elaborating on implementation of the Law on Land.
Article 6. Implementation responsibilities
Ministers, Heads of Ministry-level agencies, Heads
of Governmental bodies, Presidents of People’s Committees at all levels, other organizations
and individuals involved shall be responsible for implementing this Decree./.
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ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha