(Illustrative image. Source: Vietnam+)
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National Assembly Chairwoman Tran Thanh Man has promulgated Resolution No. 170/2024/QH15 on special mechanisms and policies to address difficulties and obstacles related to projects and land issues in inspection, examination, and court rulings in Ho Chi Minh City, Danang City, and Khanh Hoa Province.
This Resolution provides special mechanisms and policies to resolve challenges concerning projects and land matters outlined in inspection and examination conclusions and court rulings in the aforementioned localities, as detailed in the Appendix to this Resolution, along with 1,313 cases of violations regarding land use duration when granting land use right certificates and certificates of land use rights, ownership of houses, and other assets attached to the land.
The implementation of this Resolution shall adhere to the following principles: ensuring compliance with competent authorities, procedures, and processes stipulated in this Resolution and relevant legal provisions; aligning with international treaties and agreements to which Vietnam is a signatory or a party.
Legally valid inspection and examination conclusions and court rulings must be strictly enforced. Only cases where the implementation of these conclusions and rulings faces obstacles, and the causes of violations or infractions are attributable to the fault of state management agencies or a combination of state management agencies and investors, will be considered for resolution. Prior to this, violations must be strictly handled per Party regulations and state laws, and economic violations must be rectified, with illegal gains recovered.
For projects and land matters within the scope of this Resolution that are undergoing criminal proceedings, the provisions of this Resolution shall only be applied after a legally valid court ruling has been issued or a decision has been made to discontinue the case. If the legally valid court ruling includes decisions on land handling that differ from the provisions of this Resolution, the court ruling shall take precedence.
The implementation of this Resolution shall ensure delegation and decentralization in accordance with regulations, without legitimizing any violations or creating new ones. Strict monitoring, supervision, and handling of organizations or individuals who take advantage of the Resolution for corrupt or negative purposes must be enforced.
The implementation shall also ensure alignment with objective reality and specific historical circumstances, along with the common and overall interests, while protecting the legitimate rights and interests of related entities as prescribed by law. It shall also ensure social security, order, and safety, preventing disputes and complaints, especially those involving foreign elements.
The Resolution clearly stipulates the handling of land use right certificates that were granted in violation of land use duration for production and business purposes in Danang City. It also provides guidance on land use continuation, land price determination, and calculation of land use fees and land rent for 13 projects in Danang City mentioned in Inspection Conclusion No. 269/KL-TTCP dated September 16, 2019, of the Government Inspectorate. Similar provisions are made for 11 projects in Khanh Hoa Province mentioned in Inspection Conclusion No. 250/KL-TTCP dated September 11, 2020, and for a project at 39-39B Ben Van Don, Ward 12, District 4, Ho Chi Minh City, mentioned in Inspection Conclusion No. 757/KL-TTCP dated May 13, 2021…
This Resolution takes effect from April 1, 2025.
– 05:50 20/02/2025
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