LEGAL UPDATE
(A new notable regulation Decree 148/2020 / ND-CP amending a number of Decrees guiding the Land Law, Effective date: February 8th, 2021)
“On December 18th, 2020, the Government issued Decree No. 148/2020/ND-CP amending a number of Decrees guiding the Land on Law such as Decree No. 01/2017/ND-CP and Decree No. 43/2013 / ND- CP.
Accordingly, the Government has added a number of new regulations related to land allocation and land lease for small land area managed by the State authorities, specifically:
- Criteria for the allocation and lease of small land area managed by the State authorities are as follows:
– Belonging to the recovered land fund under a decision of a competent state authorities, the land has not yet been assigned, the land has not been leased or the land is assigned to manage the recovered land fund, the land used for public purposes is allocated at localities under the management of the President of the People’s Committee of the commune;
– Having an area or shape that does not meet the criteria for area and minimum size to separate;
– In accordance with the land use planning, plans or detailed urban construction planning, rural population spot construction planning, approved new rural commune construction planning;
– Not belonging to the area of land for the projects and construction works identified in the land use planning and plans which have been approved and publicly announced by competent authorities;
– The land is expected to be allocated or leased without any disputes, complaints, violations or disputes, complaints or violations, but already been resolved by a written resolution.
- Land allocation or land lease in case of land use fee exemption
In case of exemption from land use fees or land rent for a number of years, or exemption for the entire duration of land use for an investment project in a field eligible for investment incentives or in an area eligible for investment incentives, the competent authority shall implement the land allocation, land lease not through auction of land use rights or bidding for projects using land, except for:
– Only exempt from land use fees, land rent during the basic construction period of the project
– Use land for commercial and service purposes
– Use land to carry out investment projects to build commercial houses.”
