On April 3, 2023, the Government issued Decree No. 10/2023/ND-CP amending and supplementing a number of articles of decrees guiding the implementation of the Land Law. Accordingly, Decree No. 10/2023/ND-CP takes effect from May 20, 2023, stipulating a number of noteworthy contents.
1. Detailed regulations on conditions of land to be auctioned and land auction participants
Conditions for land auction participants”:
– Must pay a deposit of 20% of the value of the land plot/land plot calculated at the starting price to auction the use right if it is an organization;
– Not subject to a prohibited auction;
– 02 or more companies with cross-ownership cannot participate in the auction, only 01 company can participate..
Land must meet certain conditions to be auctioned for use rights.
– The competent authority has determined the price;
– Having detailed planning 1/500 and approved by competent authorities.
2. Official regulations on issuing red books for condotels and resort villas
Decree 10 authorizes the issuance of red books to owners of buildings built on commercial and service land for tourist accommodation purposes.
However, to be granted a red book, this construction project must satisfy:
– Conditions of construction law;
– The conditions of land law.
– And finally conditions of real estate business law.
Note: Decree 10 does not yet allow real estate products such as shophouses, officetels,… to be officially issued red books.
3. Maximum time limit for payment of auction winnings by the winning bidder
– Complete financial obligations within no more than 120 days from the date of the auction winning decision.
– If past the deadline, the auction winner does not pay or does not pay in full, the People’s Committee has the authority to decide to cancel recognition of the winning auction result.
4. Land administrative procedures in the electronic environment
If the agency handling land procedures cannot return the results to the requester on the scheduled date due to inspection, verification, clarification, or other reasons, they have the right to notify in writing or through the Translation Portal service or via SMS.
In addition to direct payment, land users and owners of assets attached to land can pay expenses through the payment function of the Public Service Portal.
Additionally, the person requesting administrative procedures must fulfill the financial obligations and submit the original Certificate, as well as the necessary documents, in accordance with the notice provided by the state agency. As a result, the agency receiving the dossier can directly return the outcomes of land registration procedures or the issuance/renewal/re-issuance of Certificates. Alternatively, depending on the specific case requirements, individuals can send these outcomes via public postal service or collect them at a designated location for other assets attached to the land. Moreover, it is important to note that the specific requirements of each individual case will determine the method of returning these results.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
