Unlocking the Potential: Unraveling the Details of Da Nang’s Resort Projects with Resolution 170

The National Assembly has issued Resolution 170/2024/QH15, providing special mechanisms and policies to address challenges and obstacles related to projects and land issues in inspection and audit conclusions, as well as court rulings in Ho Chi Minh City, Danang, and Khanh Hoa.

This resolution focuses on addressing violations regarding land use duration in issued land use right certificates.

In Danang, for the six cases mentioned in the Government Inspectorate’s conclusion dated November 2, 2012, where the land use duration has not been adjusted per the inspection conclusion, the following principles will apply:

If the project has been invested in and the land is in use, the land use duration recorded on the issued certificate will be adjusted to 50 years, calculated from the date of the actual land allocation decision. If the investor has already paid land use fees based on long-term land use, the land use duration will be calculated from the date of the construction permit issued by the state agency. If a construction permit is not required, the duration will be calculated from the start of the construction as determined by the Danang People’s Committee.

For cases where the investor has not yet invested or utilized the land and has been granted a land use extension, the recorded land use duration will be adjusted to 50 years from the date of land allocation. If the state revokes the entire land area, the certificate will be revoked accordingly.

For the 14 cases where the land use duration has already been adjusted, the investors can continue using the land based on the adjusted land use duration.

Regarding the 1,313 cases of land use duration violations similar to those in the 2012 inspection conclusion, which were independently reviewed by the Danang People’s Committee, the above-mentioned cases will be applied depending on whether the land use duration has been adjusted to 50 years or not. The Danang People’s Committee is fully accountable to the National Assembly for the review of these 1,313 violation cases.

Allowing continued land use, determining land prices, and calculating land use fees and land rent for 13 projects

For the 13 projects that were allocated or leased by the Danang People’s Committee before July 1, 2024, the Committee will review and resolve them as follows:

Investors are allowed to continue using the land to implement projects if, after the review and completion of procedures, the projects meet the approved conditions and the investors possess the capacity and conditions to execute the projects.

Subsequently, investors who are allowed to continue with their projects must fulfill their financial obligations as per regulations.

If, after the review, a project does not meet the conditions to continue, the Danang People’s Committee will revoke the land and manage it according to regulations.

Addressing land prices for calculating land use fees, land rent, and other financial obligations for 16 projects

The land prices for calculating land use fees, land rent, and other financial obligations for the Tuyen Son – Tuy Loan land lot and 15 projects reviewed and reported by the Danang People’s Committee in Part VIII of the Appendix are determined as follows:

For projects where the state allocated land or permitted a change in land use purpose from December 24, 2004, to before February 27, 2006, or projects where the state leased land from December 10, 2005, to before October 1, 2009, the land prices for calculating land use fees and other financial obligations will be based on the land price tables applicable in Danang at the time of the land allocation or change of land use purpose decision.

For projects allocated land from February 27, 2006, to before July 1, 2014, or leased land from October 1, 2009, to before July 1, 2014, the land prices for calculating land use fees and other financial obligations will be similar to the above case. However, if the land prices at the time of the land allocation decision were not reflective of the actual land transfer prices in the market under normal conditions, the Danang People’s Committee will decide on specific land prices accordingly.

Ha Le

– 08:06 21/02/2025

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