GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 76/2025/ND-CP
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Hanoi, April 01,2025
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DECREE
REGARDING ELABORATION OF RESOLUTION NO. 170/2024/QH15 DATED
NOVEMBER 30, 2024 OF THE NATIONAL ASSEMBLY ON SPECIFIC MECHANISMS AND POLICIES
TO REMOVE DIFFICULTIES AND OBSTACLES TO PROJECTS AND LAND SPECIFIED IN
INSPECTION AND AUDIT CONCLUSIONS AND JUDGMENTS IN HO CHI MINH CITY, DA NANG
CITY AND KHANH HOA PROVINCE
Pursuant
to the Law on Organization of the Government dated February 18, 2025;
Pursuant
to the Land Law dated January 18, 2024; Law on Amendments to the Land Law No.
31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Trading No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15 dated June 29,
2024;
Pursuant
to Resolution No. 170/2024/QH15 dated November
30, 2024 of the National Assembly on specific mechanisms and policies to remove
difficulties and obstacles to projects and land specified in inspection and
audit conclusions and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa
Province;
At the
request of the Minister of Agriculture and Environment;
The
Government promulgates a Decree on elaboration of Resolution No. 170/2024/QH15 dated November 30, 2024 of the
National Assembly on specific mechanisms and policies to remove difficulties
and obstacles to projects and land specified in inspection and audit
conclusions and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa
Province.
Chapter
I
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Article
1. Scope
1. This
Decree elaborates Resolution No. 170/2024/QH15 dated November 30, 2024 of the
National Assembly on specific mechanisms and policies to remove difficulties
and obstacles to projects and land specified in inspection and audit conclusions
and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa Province
(hereinafter referred to as Resolution No. 170/2024/QH15). To be specific:
a) Clause
1 and point a, clause 3, Article 3 on the adjustment of land use term stated in
the issued certificates of land use rights (LURs), certificates of land use
rights, ownership of houses and other property on land (hereinafter referred to
as "certificate") in Da Nang City;
b)
Article 6 on the issuance of certificates of LURs and ownership of property on
land after the investor is granted a permission for continued land use for the
project located at No. 39 - 39B Ben Van Don, Ward 12, District 4, Ho Chi Minh
City;
c)
Article 4 on the sequence of review and finalization of procedures and eligibility
requirements for continued land use, re-determination of land prices, and
collection of land use levies and land rents with respect to 13 projects in Da
Nang City;
c)
Article 5 on the sequence of review of eligibility for continued land use,
determination of land prices, and calculation of land use levies and land rents
with respect to 11 projects in Khanh Hoa Province;
dd)
Article 7 on the sequence of determination of land prices applicable to 16
projects in Da Nang City;
e)
Article 8 on the sequence of determination of land prices, calculation of land
use levies and land rents with respect to projects in Ho Chi Minh City;
g)
Clauses 1 and 3, Article 9 on the responsibilities of provincial-level People's
Committees.
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Article
2. Regulated entities
This
Decree applies to regulatory agencies, land users, organizations and
individuals involved in projects and land specified in inspection and audit
conclusions and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa
Province as prescribed in clause 1 of this Article.
Chapter
II
SPECIFIC PROVISIONS
Section
1. Specific provisions on issuance of certificates
of LURs and ownership of property on land
Article
3. Sequence of adjustment of land use
term stated in the issued certificates in Da Nang City as prescribed in Article
3 of Resolution No. 170/2024/QH15
1. In
case a violation(s) against the use term of land for business and production
stated in the issued certificates in Da Nang City arises, the land use term
must be adjusted to 50 years in accordance with clause 1 and point a, clause 3,
Article 3 of Resolution No. 170/2024/QH15.
2. Within
20 days from the effective date of this Decree, the Department of Natural
Resources and Environment shall issue a decision announcing the list of
certificates falling under the cases specified in clause 1 of this Article,
including the names of land users, owners of property on land, certificate
serial numbers, and numbers in the Certificate issuing book.
3. Within
05 days from the date on which the decision specified in clause 1 of this
Article is issued, the Land Registration Office shall:
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b) Send
notifications to land users and owners of property on land to carry out the procedures
for adjustment of the land use term stated in their issued certificates via
public postal services. If there is no recipient of notification, the
certificate shall be added to a list prepared for monitoring and management;
Announce
the serial numbers and numbers in the Certificate issuing book of certificates
falling under cases specified in clause 2 of this Article on mass media. The
announcement shall be made three times, each 30 days apart;
Send
notifications and lists of serial numbers and numbers in the Certificate
issuing book of certificates specified clause 2 of this Article to the
Department of Justice, local notarial practice organizations, People's
Committees of districts/communes where the land is located, and relevant
agencies, organizations, and parties (if any) for reference when carrying out
the procedures concerning the issued certificates.
4. After receiving
a notification specified in clause 3 of this Article, the adjustment of land
use term stated in the issued certificates shall be carried out as follows:
a) The land
user or owner of property on land, or secured creditor (hereinafter referred to
as “applicant”) shall submit an application either directly or via public
postal services to the Land Registration Office or its branch. Such application
includes the issued certificate and the application form for changes in land
and property on land (using Form No. 11/DK issued together with Decree No.
101/2024/ND-CP);
b) The
Land Registration Office or its branch shall issue an application receipt and
appointment note using Form specified in the Government's Decree on the
application of single-window system, interlinked single-window system in
settlement of administrative procedures; correct and update the retrieval of
the issued certificate and issuance of a new one in the cadastral dossier and
land database; record the phrase "Adjustment of land use term until
[dd/mm/yyyy] in accordance with Resolution No. 170/2024/QH15 dated November 30,
2024, of the National Assembly” in the “Changes and Legal Bases” column of the certificate
with aiming to confirm the adjustment of the land use term to 50 years; and issue
the certificate to the applicant.
In case
the land user or owner of property on land applies for a new certificate of
LURs and ownership of property on land, the land use term stated in the newly
issued certificate shall be 50 years in accordance with Article 3 of Resolution
No. 170/2024/QH15. The information stated in such certificate shall comply with
Circular No. 10/2024/TT-BTNMT.
In the event
of inheritance of LURs or property in land, or in case a contract or document
for conveyance, donation or capital contribution by LURs or property on land is
available and notarized or authenticated before the issuance of the
notification specified in point d, clause 3 of this Article, the Land
Registration Office or its branch shall receive and process the application for
registration of changes in land and property on land in accordance with land
laws and simultaneously adjust the land use term to 50 years in accordance with
clause 1 and point a, clause 3, Article 3 of Resolution No. 170/2024/QH15; the
parties are not required to re-carry out inheritance procedures or re-sign
another contract or document.
In case
the investor has not yet made investment in the project or used land but has
been granted a land use extension in accordance with the Land Law 2024, the
land use term shall be adjusted to 50 years from the date on which the
competent authority issues the construction permit or from the commencement
date of construction (as determined by the Da Nang City People's Committee) in
cases where no construction permit in accordance with construction law is
required.
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d) The
applicant is not required to pay any fees or charges for the procedures
specified in this clause.
5. With
regard to LURs or ownership of property on land that are/is mortgaged, the
following regulations shall apply:
a) In
case the land user or ownership of property on land applies for the
deregistration of the mortgage, the Land Registration Office or its branch
shall simultaneously adjust the land use term stated in the issued certificate to
50 years in accordance with clause 1 and point a, clause 3, Article 3 of
Resolution No. 170/2024/QH15;
b) In
case the disposal of collateral in accordance with the law is required, the
in-charge party shall submit the certificate to the Land Registration Office or
its branch to adjust the land use term as prescribed in clause 4 of this
Article. The certificate shall be submitted before or simultaneously with the
disposal of collateral. Prior to the disposal of collateral, the in-charge party
shall send a notification of such disposal to the mortgagor and other relevant
parties;
c) In
case collateral has been disposed of before the effective date of this Decree
but changes in land and property on land has not been registered, the Land
Registration Office or its branch shall receive and process the application for
registration of changes in land and property on land and simultaneously adjust
the land use term stated in the issued certificate to 50 years in accordance
with clause 1 and point a, clause 3, Article 3 of Resolution No. 170/2024/QH15.
6. With
regard to cases of reissuance or replacement of certificates due to fading,
smudging, tearing, damage, or loss:
a) The
procedures for reissuance or replacement of the certificate shall comply with
Decree No. 101/2024/ND-CP ;
b) The
land use term stated in the reissued or replaced certificate shall be 50 years
in accordance with Article 3 of Resolution No. 170/2024/QH15. The information
stated in the certificate shall comply with Circular No. 10/2024/TT-BTNMT.
Article
4. Issuance of certificates in cases of use of land, ownership of houses, construction
works of the project located at No. 39 - 39B Ben Van Don, Ward 12, District 4,
Ho Chi Minh City specified in Article 6
of Resolution No. 170/2024/QH15;
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Section
2. SPECIFIC PROVISIONS ON THE SEQUENCE
OF REVIEW AND FINALIZATION OF
PROCEDURES AND ELIGIBILITY REQUIREMENTS FOR CONTINUED LAND USE,
RE-DETERMINATION OF LAND PRICES, AND COLLECTION OF LAND USE LEVIES AND LAND
RENTS
Article
5. Sequence of review and finalization
of procedures and eligibility requirements for continued land use,
re-determination of land prices, and collection of land use levies and land
rents with respect to 13 projects in Da Nang City specified in Article 4 of Resolution
No. 170/2024/QH15
1. Sequence
of review and finalization of procedures:
a) The
Department of Agriculture and Environment shall take charge of and cooperate
with relevant specialized agencies at the same level in reviewing and
finalizing the project's procedures concerning investment, construction,
environment, marine and islands, forestry, and land in accordance with the laws
in effect at the time of implementation of Resolution No. 170/2024/QH15;
b)
Specialized agencies under the People’s Committee of Da Nang City shall conduct
reviews, physical inspections, and provide advice within their jurisdiction or
as assigned by the People’s Committee, and send reports on the results of review
and finalization of procedures to the Department of Agriculture and
Environment;
c) The
Department of Agriculture and Environment shall compile the results of review
and finalization of procedures and send a summary report to the People’s
Committee of Da Nang City;
d) The
People’s Committee of Da Nang City shall consider and make a decision on
further review of eligibility according to the sequence, procedures specified
in Clause 2 of this Article if the project's procedures concerning investment,
construction, environment, marine and islands, forestry, and land have been
finalized as required by law at the time of implementation of Resolution No.
170/2024/QH15.
In case
the change in the form of the project's land allocation or lease is required,
the review sequence shall be carried out in a similar manner with that specified
in Article 51 of Decree No. 102/2024/ND-CP.
In case
the allocated or leased land area of the project covers forest land, which
requires use repurposing of forest lands for project execution, but a decision
on use repurposing has not yet been issued as per forestry laws at the time of
land allocation or lease, the People’s Committee of Da Nang City shall, in lieu
of issuing a decision on use repurposing of forest land upon the finalization
of the project dossier, assign relevant agencies or organizations to fulfill
the obligation of reforestation in accordance with forestry laws.
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2. Sequence
of review of eligibility for continued land use:
a) The
Department of Agriculture and Environment shall take charge of and cooperate
with relevant agencies to review the eligibility requirements specified in
point a, clause 1 and point a, clause 2 Article 4 of Resolution No.
170/2024/QH15 for each project, which include conformity with land use planning
or urban planning (general planning or zoning planning) that has been approved
in accordance with law; no violations against the approved land use planning
for land used for national defense and security purposes, or the planning of
the three forest types (or forestry planning); and the investor’s capacity to
execute the project;
b) The
Department of Agriculture and Environment shall compile the assessment results
and submit a dossier to the People’s Committee of Da Nang City for review and assessment
of the eligibility for continued land use of each project. The dossier shall include
a proposal, a draft decision on assessment of the eligibility for continued
land use, and opinions of relevant agencies;
c) Within
05 working days from the date of receiving the dossier submitted by the
Department of Agriculture and Environment, the People’s Committee of Da Nang
City shall consider and issue a decision on meeting the eligibility for
continued land use of the project and send it to the Department of Agriculture
and Environment;
d) The
tasks specified this clause must be performed within 06 months from the date on
which the People’s Committee of Da Nang City issues a decision permitting the
continued review of the project's eligibility for continued land use as
prescribed at point d, clause 1 of this Article.
3. In
case the People’s Committee of Da Nang City confirm that the project is
ineligible for continued land use after conducting the review in accordance
with clause 2 of this Article, land shall be expropriated under the sequence,
procedures similar to those for land expropriation due to violations against
land laws.
4. The
selection of land valuation methods and the sequence of application therefor
for projects falling under cases specified in point c, clause 2, Article 4 of
Resolution No. 170/2024/QH15 shall comply with the following regulations:
a) In
cases where the State allocated land or granted permission for land use
repurposing from February 27, 2006 to before July 1, 2014, Decree No.
123/2007/ND-CP and Circular No. 145/2007/TT-BTC shall apply;
b) In
cases where the State allocates land or grants permission for land use
repurposing from July 1, 2014 to before the effective date of this Decree, Article
9 of Decree No. 71/2024/ND-CP shall apply;
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d) In
cases where the State leases out land from July 1, 2014 to before the effective
date of this Decree, Article 9 of Decree No. 71/2024/ND-CP shall apply;
dd) The
specific land prices in the cases specified in points a, b, c, and d of this
clause shall be re-determined under the sequence, procedures specified in
Decree No. 71/2024/ND-CP .
5. When
determining land prices for projects specified at point c, clause 2, Article 4
of Resolution No. 170/2024/QH15 under the land price list, if the price of the
land plot or land zone to be valued is not included in the land price list, the
Department of Agriculture and Environment shall, based on the specific local
conditions and the land prices in the land price list of the zone or location
with the similar infrastructure conditions, determine and submit the land
prices to the People's Committee of Da Nang City for decision.
6. After
obtaining a decision on specific land prices, the next steps shall follow
points dd, e, g, h, i, and k, clause 2, Article 44 of Decree No.
102/2024/ND-CP. The land use levies or land rents payable shall be calculated
as follows:
a) Land
use levies or land rents payable = (land use levies or land rents after
re-determination of land prices) (-) (land use levies or land rents paid before
the effective date of Resolution No. 170/2024/QH15);
b) In
cases where land use levies or land rents after re-determination of land prices
are less than the those previously paid, the investor shall be deemed to have
fulfilled its land-related financial obligations, and the State shall not
refund the difference.
Article
6. Sequence of review of eligibility
for continued land use, determination of land prices, and calculation of land
use levies and land rents with respect to 11 projects in Khanh Hoa Province
specified in Article 5 of Resolution No. 170/2024/QH15
1. Sequence
of review of eligibility for continued land use to execute the projects
specified in point a, clause 1 and point a, clause 2, Article 5 of Resolution
No. 170/2024/QH15:
a) The
Department of Agriculture and Environment shall take charge of and cooperate
with relevant agencies to review the eligibility requirements specified in
point a, clause 1 and point a, clause 2, Article 5 of Resolution No.
170/2024/QH15 for each project, which include conformity with the approved land
use planning or urban planning (general planning or zoning planning); no
violations against the land use planning for land used for national defense and
security purposes; and the investor’s capacity to execute the project;
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c) Within
05 working days from the date of receiving the dossier submitted by the
Department of Agriculture and Environment, the People’s Committee of Khanh Hoa
Province shall consider and issue a decision on meeting the eligibility for
continued land use of the project and send it to the Department of Agriculture
and Environment;
d) Tasks
specified in this clause must be completely performed within 12 months from the
effective date of this Decree.
2. In
case the People’s Committee of People’s Committee of Khanh Hoa Province confirm
that the project is ineligible for continued land use after conducting the
review in accordance with clause 1 of this Article, land shall be expropriated
under the sequence, procedures similar to those for land expropriation due to
violations against land laws.
3. The
selection of land valuation methods and the sequence of application therefor
for projects falling under cases specified in point b, clause 1, point b,
clause 2, Article 5 of Resolution No. 170/2024/QH15 shall comply with the
following regulations:
a) In
cases where the State allocated land from February 27, 2006 to before July 1,
2014, Decree No. 123/2007/ND-CP and Circular No. 145/2007/TT-BTC shall apply;
b) In
cases where the State allocates land from July 1, 2014 to before the effective
date of this Decree, Article 9 of Decree No. 71/2024/ND-CP shall apply;
c) In
cases where the State leased out land from February 27, 2006 to before July 1,
2014, Decree No. 123/2007/ND-CP and Circular No. 145/2007/TT-BTC shall apply;
d) In
cases where the State leases out land from July 1, 2014 to by the effective
date of this Decree, Article 9 of Decree No. 71/2024/ND-CP shall apply;
dd) The
specific land prices in the cases specified in points a, b, c, and d of this
clause shall be re-determined under the sequence, procedures specified in
Decree No. 71/2024/ND-CP .
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a) Land
use levies or land rents payable = (land use levies or land rents after
re-determination of land prices) (-) (land use levies or land rents paid before
the effective date of Resolution No. 170/2024/QH15);
b) In
cases where land use levies or land rents after re-determination of land prices
are less than the those previously paid, the investor shall be deemed to have
fulfilled its land-related financial obligations, and the State shall not
refund the difference.
Article
7. Sequence of determination of land
prices applicable to 16 projects in Da Nang City specified in Article 5 of
Resolution No. 170/2024/QH15
1. The
selection of land valuation methods and the sequence of application therefor
for projects falling under cases specified in clauses 2 and 4, Article 7 of
Resolution No. 170/2024/QH15 shall comply with the following regulations:
a) In
cases where the State allocated land or granted permission for land use
repurposing from February 27, 2006 and before July 1, 2014, Decree No. 123/2007/ND-CP
and Circular No. 145/2007/TT-BTC shall apply;
b) In
cases where the State allocates land or grants permission for land use
repurposing from July 1, 2014 to before the effective date of this Decree,
Article 9 of Decree No. 71/2024/ND-CP shall apply;
c) In
cases where the State leased out land from December 10, 2005 to before July 1,
2014, Decree No. 123/2007/ND-CP and Circular No. 145/2007/TT-BTC shall apply;
d) In
cases where the State leases out land from July 1, 2014 to by the effective
date of this Decree, Article 9 of Decree No. 71/2024/ND-CP shall apply;
dd) The
specific land prices in the cases specified in points a, b, c, and d of this
clause shall be re-determined under the sequence, procedures specified in
Decree No. 71/2024/ND-CP .
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3. After
obtaining a decision on specific land prices, the next steps shall follow
points dd, e, g, h, i, and k, clause 2, Article 44 of Decree No.
102/2024/ND-CP. The land use levies or land rents payable shall be calculated
as follows:
a) Land
use levies or land rents payable = (land use levies or land rents after
re-determination of land prices) (-) (land use levies or land rents paid before
the effective date of Resolution No. 170/2024/QH15);
b) In
cases where land use levies or land rents after re-determination of land prices
are less than the those previously paid, the investor shall be deemed to have
fulfilled its land-related financial obligations, and the State shall not
refund the difference.
Article
8. Sequence of determination of land prices, calculation of land use levies in
respect to projects in Ho Chi Minh City specified in Article 8 of Resolution
No. 170/2024/QH15
1. The
selection of land valuation methods and the sequence of application therefor
for projects falling under cases specified in Article 8 of Resolution No.
170/2024/QH15 shall comply with the following regulations:
a) The
specific land price as of March 30, 2018 for calculation of land use levies for
the land area corresponding to land use levies that the investor of the project
on construction of 1.330 apartments has provisionally paid to the regulatory
agency as prescribed in point a, clause 1, Article 8 of Resolution No.
170/2024/QH15 shall be determined in accordance with Decree No. 44/2014/ND-CP
and Circular No. 36/2014/TT-BTNMT .
b) The
specific land price as of December 11, 2020 for calculation of land use levies
for the land area for which the investor of the project on construction of
1.330 apartments have not yet paid land use levies as prescribed in point b,
clause 1, Article 8 of Resolution No. 170/2024/QH15 shall be determined in
accordance with Decree No. 44/2014/ND-CP and Circular No. 36/2014/TT-BTNMT ;
c) The
specific land price as of November 20, 2008 for calculation of land use levies,
land rents for the 30,2-hectare plot of land in Binh Khanh ward specified in
point a, clause 2, Article 8 of Resolution No. 170/2024/QH15 shall be
determined in accordance with Decree No. 123/2007/ND-CP and Circular No.
145/2007/TT-BTC ;
d) The
specific land price as of April 18, 2017 for calculation of land use levies,
land rents for the 30,1-hectare plot of land in Nam Rach Chiec specified in
point b, clause 2, Article 8 of Resolution No. 170/2024/QH15 shall be
determined in accordance with Decree No. 44/2014/ND-CP Circular No.
36/2014/TT-BTNMT ;
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2. After
land prices are determined in accordance with clause 1 of this Article, land
use levies for the project on construction of 1.330 apartments as prescribed in
point a, clause 1, Article 8 of Resolution No. 170/2024/QH15 shall be calculated
under the following sequence:
a) The
land area corresponding to land use levies that the investor has provisionally
paid to the regulatory agency shall be determined by the following formula:

Where:
STN:
land area corresponding to land use levies that the investor has provisionally
paid to the regulatory agency as of March 30, 2018;
TTN:
land use levies provisionally paid by the investor;
G2018:
Land price as of March 30, 2018.
b) Land
use levies to be additionally paid by the investor shall be calculated by the
following formula:
TBS = (SDO - STN) x G2020
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TBS:
land use levies to be additionally paid by the investor;
SDO:
homestead land area of the project on construction of 1.330 apartments as
prescribed in point a, clause 1, Article 8 of Resolution No. 170/2024/QH15;
STN:
land area corresponding to land use levies that the investor has provisionally
paid to the regulatory agency as of March 30, 2018;
G2020:
Land price as of December 11, 2020.
c) In
cases where land use levies calculated in accordance with this Article are less
than the those provisionally paid by the investor, the investor shall be deemed
to have fulfilled its land-related financial obligations, and the State shall
not refund the difference.
d) After calculation
of land use levies in accordance with points a and b of this clause, the next
steps shall follow points dd, e, g, h, i, and k, clause 2, Article 44 of Decree
No. 102/2024/ND-CP.
3. After
land prices are determined in accordance with clause 1 of this Article, land
use levies for the 30,1-hectare plot of land in Nam Rach Chiec specified in
point b, clause 2, Article 8 of Resolution No. 170/2024/QH15 shall be
calculated under the following sequence:
a)
Determine the investor's investment costs of the 30,2-hectare plot of land in
Binh Khanh ward, which include costs for recompense, provision of assistance,
and construction investment (hereinafter referred to as TTDC);
b)
Determine the LUR value of the 30,1-hectare plot of land in Nam Rach Chiec as
of November 20, 2008 (hereinafter referred to as TBT 2008);
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In cases
where K is more than or equal to 1, the investor shall be deemed to have
fulfilled its land-related financial obligations, and the State shall not
refund the difference if K is more than 1. The calculation of additional land
use levies and land rents as prescribed in points d, dd and e of this clause is
not required.
d) Determine
the land area over which the investor has already held land use rights within
the 30,1-hectare plot of land by the following formula:
SGD1 = K x SGD
STD1 = K x STD
Where:
SGD1:
land area eligible to be allocated by the State with land levy payment under a
decision of the a competent authority, within the 30,1-hectare plot of land,
over which the investor has already held land use rights;
STD1:
land area eligible to be leased out by the State under one-off arrangement
under a decision of the a competent authority, within the 30,1-hectare plot of
land, over which the investor has already held land use rights;
SGD:
land area eligible to be allocated by the State with land levy payment under a
decision of the a competent authority within the 30,1-hectare plot of land;
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d)
Determine the land area over which the investor has not yet held land use
rights (has not yet paid land use levies, land rents within the 30,1-hectare
plot of land by the following formula:
SGD2 = SGD - SGD1
STD2 = STD - STD1
Where:
SGD2:
land area eligible to be allocated by the State with land levy payment
under a decision of the a competent authority, within the 30,1-hectare plot of
land, over which the investor has not yet held land use rights;
STĐ2:
land area eligible to be leased out by the State under one-off
arrangement under a decision of the a competent authority, within the
30,1-hectare plot of land, over which the investor has not yet held land use
rights;
e)
Calculate land use levies, land rents to be additionally paid by the investor
as of April 18, 2017 by the following formula:
TGDBS = SGD2 x GGD
TTDBS = STD2 x GTD
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Where:
TGDBS:
land use levies to be additionally paid by the investor as of April 18, 2017;
TTDBS:
land rents to be additionally paid by the investor as of April 18, 2017;
GGD:
land price for calculation of land use levies as determined in point d, clause
1 of this Article (as of April 18, 2017);
GTD:
land price for calculation of land rents as determined in point d, clause 1 of
this Article (as of April 18, 2017);
TTotal:
the total of land use levies and land rents to be additionally paid by the
investor on the basis of the land price as of April 18, 2017.
d) After
calculation of land use levies in accordance with this clause, the next steps
shall follow points dd, e, g, h, i, and k, clause 2, Article 44 of Decree No.
102/2024/ND-CP.
Chapter
III
IMPLEMENTATION PROVISIONS
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1. The
People’s Committees of Ho Chi Minh City, Da Nang City, and Khanh Hoa Province
shall:
a) Take
full responsibility for the accuracy, completeness, and truthfulness of the
documents, data, and information submitted to the National Assembly and the
Government, in comparison with the conclusions of competent authorities prior
to the implementation of Resolution No. 170/2024/QH15 and this Decree;
b) Take
responsibility for the results of review of the project legality and the eligibility
for project execution, the results of review, re-determination of land prices
and re-calculation of land use levies and land rents in accordance with
Resolution No. 170/2024/QH15 and this Decree;
c) Conduct
inspections and examinations on the implementation of Resolution No.
170/2024/QH15 and this Decree; prevent disputes, complaints, lawsuits; fail to
legalize violations, prevent new violations, policy profiteering, profiteering
of interests of a particular group, loss and waste; and report to the Ministry
of Agriculture and Environment on the implementation results of Resolution No.
170/2024/QH15 and this Decree.
2. During
the implementation of Resolution No. 170/2024/QH15 and this Decree, the
People's Committee of Ho Chi Minh City, the People's Committee of Da Nang City
and the People's Committee of Khanh Hoa province shall proactively request the
State Audit Office of Vietnam to conduct audits on determination of land prices
and calculation of land use levies and land rents in accordance with law to
promptly ensure continued land use and continued project execution in
accordance with Resolution No. 170/2024/QH15 and this Decree.
3. In
case where there are changes in administrative addresses at any level during
execution of projects listed in Appendix enclosed with Resolution No.
170/2024/NQ15, the People's Committee of Ho Chi Minh City, the People's
Committee of Da Nang City and the People's Committee of Khanh Hoa province
shall update new addresses into the project file.
Article
10. Entry into force
This
Decree comes into force from April 1, 2025.
Article
11. Responsibility for implementation
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ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha