8 important points to know about the land law 2020



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8 important points to know about the land law 2020

The Land Law 2019 is often considered the latest land law in 2019 to date, how amendments and supplements are in the land management policy. We invite you to follow the land law 2019, what is new compared to the 2013 land law, which we summarize and share below. Please read the same reference.

1. Conditions for the grant of land use right certificates

According to Article 100, a Land Use Right Certificate (Red Book) is issued to households and individuals that are using the land stably, without any disputes and have one of the 07 types of documents such as:

  • Papers on land use rights before 1993 issued by a competent agency during the implementation of the State's land policy;
  • Land use right certificates were temporarily granted or were listed in the Land Registration Book, Cadastral Book before October 15, 1993;
  • Legal papers on inheritance or donation of land use rights or property on land;
  • Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993 certified by commune-level People's Committees as being used before October 15, 1993;
  • Papers on liquidation and price of houses attached to residential land, papers to buy State-owned houses
  • Land use right papers issued by a competent agency of the former regime
  • Other papers established before October 15, 1993.

2. Trình tự cấp Giấy chứng nhận quyền sử dụng đất

Currently, the Red Book issuance procedures are implemented in accordance with Article 70 of Decree 43/2014 / ND-CP and guidance of Circular 24/2014 / TT-BTNMT. Whereby:

  • Prepare 01 set of documents, including the application form; one of the above documents; report on the results of the review of the current land use; Documents for performing financial obligations ...
  • Apply at the land registration office of the district People's Committee;
  • Fulfill financial obligations and submit tax receipts to the receiving department;
  • Come to receive the land use right certificate according to the appointment.

3. Cases in which the Red Book is not issued

This is the content specified in Article 19 of Decree 43/2014 / ND-CP detailing the implementation of a number of articles of the Land Law, notably the cases such as:

  • People who rent or sub-lease land from land users, unless they lease or sub-lease land from investors in industrial parks or export processing zones;
  • The land user is eligible for the issuance of the Red Book but the State has issued a notice or decision on land recovery;
  • Land is used for the purpose of construction of public works such as roads, water works, power transmission lines ...
4. Land use term of households or individuals

Also according to the Land Law, term of land use includes long term stable use and fixed term use. Inside:

Land for long and stable use applies to:
  • Residential land used by households or individuals;
  • Agricultural land used by community communities;
  • Land for commercial, service, non-agricultural production establishments of households and individuals is being used stably;
  • Land for building offices ...

- Land used for a definite term is applicable to:

  • Agricultural land leased by households or individuals: Not more than 50 years;
  • Agricultural land allocated to households and individuals for direct agricultural production: 50 years;
  • Land allocated to organizations implementing investment projects: Not exceeding 50 years; for projects with large investment capital but with slow capital recovery: Not more than 70 years;
  • Land for lease to build offices of foreign organizations with diplomatic functions: Not more than 99 years ...

5. The State will recover the land in the violation cases

In the latest Land Law, the contents of land acquisition are specified in Chapter 6. Accordingly, in addition to cases where the State recovers land for the purposes of national defense, security and socio-economic development. For the sake of the nation, the public ..., the State will also recover land in cases of violation of the land law.

Specifically, according to Article 64 of the Law, these cases include:

- Using land not for the right purposes assigned, leased or recognized by the State and having been administratively sanctioned for this act but continued to commit the violation;

  • Land users intentionally destroy land;
  • Land is allocated or leased to the wrong subjects or to the wrong authority;
  • Land cannot be transferred or donated but transferred or donated;
  • Land users fail to fulfill their obligations to the State and have been administratively sanctioned but fail to comply;
  • Land is not allowed to change the land use right but the land user due to irresponsibility to be encroached upon, occupied ...
In the cases of violation of the above provisions on land law, the violating organizations and individuals will not be compensated when the State recovers the land. At the same time, if the request for land acquisition is not complied with, organizations and individuals will be subject to coercive measures.

6. Compensation for site clearance when land is acquired

According to Article 75 of the latest Land Law, households and individuals are compensated when the State recovers land when obtaining a land use right certificate or is eligible to be granted a land use right certificate.

At the same time, the households and individuals mentioned above are only compensated when the State recovers land for the purpose of national defense and security; socio-economic development for the national and public interests.

Compensation is done by allocating land with the same land use purpose as the acquired land. If there is no land to compensate for, they will be compensated in cash according to the specific land price of the acquired land type decided by the Provincial People's Committee at the time of the decision to recover.

Within 30 days from the effective date of the land recovery decision of a competent state agency, the agency or organization responsible for compensation must pay compensation to the person whose land is recovered.

7. Procedures for settling land disputes

According to Article 202 of the Land Law, the order of settlement of disputes over land is specified as follows:
  • The parties mediate themselves; If the conciliation cannot be performed by itself, the application will be sent to the People's Committee of the commune where the disputed land exists for conciliation;
  • The Chairman of the Commune People's Committee organizes the mediation. Conciliation procedures are carried out within 45 days from the date of receipt of the request for land dispute resolution.
  • If the conciliation is successful but there is a change in the current status of the boundary and land users, the commune People's Committee sends the mediation minutes to the Division of Natural Resources and Environment to recognize the boundary change and re-issue the Red Book.
  • If the conciliation fails and in case the land already has a Red Book, the application will be sent to the Court to resolve the dispute; If there is no Red Book, the petition can only be filed with the People's Committee of the competent authority or to initiate a lawsuit at the Court in accordance with the civil procedure regulations.
  • The effective and enforceable dispute settlement decision must be strictly observed by the parties; In case of non-compliance, they will be enforced.

8. Guidance on how to calculate land use fees

Land use levy is defined by Clause 21, Article 3 of the 2013 Land Law as the amount of money a land user must pay to the State when the State allocates land with the collection of land use fees, allowing the change of land use purposes. recognition of land use rights.

Calculation of land use fee:

According to Article 4 of Decree 45/2014 / ND-CP amended by Clause 1, Article 2 of Decree 135/2016 / ND-CP, land use levies applicable to households and individuals are calculated as follows:

  • In case of land allocation through auction: The payable land use levy is the winning amount;
  • In case of land allocation without auction: Land use levy is calculated by the following formula:

Payable land use fee = Land price for calculation of land use levy for land use purposes x Land area subject to land use levy - Land use fee is reduced according to regulations (if any) - Compensation money, site clearance is deducted from land use fee (if any).

  • Changing from agricultural land allocated by the State without land use levy to residential land, the land use levy is equal to the difference between the land use levy calculated on the residential land price and the land use levy calculated according to the agricultural land price. ;
  • Changing from garden or pond land in the same parcel of land with houses in a residential area to being used as residential land, the land use levy is equal to 50% of the difference between the land use levy calculated on the residential land price and the land use levy calculated by the land price. Agriculture…

In case of land use levy exemption:

Article 110 of the latest Land Law provides quite specific provisions on cases of land use fee exemption, including:

  • Use land for production and business purposes in domains eligible for investment incentives or in areas eligible for investment incentives in accordance with the investment law, except for projects on commercial housing construction;
  • Use land to implement the housing and residential land policy for people with meritorious services to the revolution, poor households;
  • Use of agricultural land for households and individuals who are ethnic minorities;
  • Using land for construction of non-business works of public non-business organizations ...

The above are the most important contents of the Land Law 2018. These are also regulations that are directly related to most land users.

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