4 outstanding legal policies in the first 2 months of the year that had an impact on the real estate market
The Ho Chi Minh City Party Committee will have 2 separate resolutions on the development of Thu Duc City and Can Gio . district
On January 8, 2022, the Ho Chi Minh City Party Committee said it would issue two thematic resolutions in Thu Duc City and Can Gio district to focus resources, promote decentralization, and allow these two areas to develop. for the city of the future. Where, Thu Duc City is expected to be a highly interactive creative urban area in the East of the city. Ho Chi Minh City and Can Gio are oriented to develop into an urban marine ecology area, becoming a district or city that is directly under Ho Chi Minh City in the period 2025 – 2030.
The mechanisms and policies specific to Thu Duc City are still being developed by the HCMC authorities and submitted to the competent authorities for consideration and approval. To meet the immediate development needs, the leaders of Thu Duc City proposed that Ho Chi Minh City boldly decentralize and give Thu Duc City stronger authority to proactively solve many of the problems it faces as well as problems that arise in the future.
The chairman of the Ho Chi Minh City People’s Committee called on departments and regions to actively develop and implement plans to implement the resolutions of the Standing Committee of the City Party Committee in Thu Duc City and Can Gio districts after they were issued. In 2022, Ho Chi Minh City will complete the decentralization and authorization project for Thu Duc City and a special mechanism and policy project for Thu Duc City. For the Can Gio district, in 2022 a detailed planning of the Can Gio coastal tourism urban area (2,870 ha) and the development planning of the Can Gio district will be prepared.
Decision No. 02/2022/ND-CP
On January 6, 2022, the Government issued Decree No. 02/2022/ND-CP, which details the implementation of a number of articles of the Law on Real Estate Concession; replaces SK 76/2015/ND-CP dated September 10, 2015. The decree will take effect from March 1, 2022.
Thus, Presidential Decree No. 02/2022 has new points to note regarding the real estate business such as: Transparency of information in the real estate business; Abolish regulations on the legal capital of real estate companies; Application of a uniform model framework for real estate business contracts; Regulations on the terms of the transfer of contracts of sale, purchase and lease-purchase of houses and construction works to be formed in the future and available; Regulations regarding the transfer of all or part of a real estate project.
Decision No. 10/2022/ND-CP
On January 15, 2022, the Government issued Decree No. 10/2022/ND-CP, which regulates some cases where home and land registration is free; replaces SK 140/2016/ND-CP dated October 10, 2016 and SK 20/2019/ND-CP dated February 21, 2019. The decree will officially take effect from March 1, 2022.
According to Decree 10/2022/ND-CP, registration fees are waived for houses and land in cases such as inheritance land; land for the headquarters of diplomatic missions, consular offices, representative offices of international organizations under the UN system, and residences for heads of diplomatic missions, consular offices, representative offices of international organizations under the UN system in Vietnam.
In addition, the land is used for public purposes; mineral exploration and exploitation; scientific research; Investment in infrastructure development, investment in housing construction for transfers.
Cases are commissioned, rented for use for the purpose of agricultural production, forestry, cultivation, salt making. Agricultural land should be converted into usufructuary rights between households and individuals within the same commune, kelurahan or township to facilitate agricultural production in accordance with the Land Law.
In addition, cases such as reclaimed land, land leased from the State in the form of annual land rent payments or leased from organizations and individuals who already have legal land use rights, land used for religious purposes by the community. , burial grounds, state defense and security lands, headquarters of state institutions, armed forces units, non-business units, professional organizations … are also exempt from registration fees.
The above regulations also allow the waiver of registration fees for cases such as houses built by households through separate housing development forms under the provisions of the Housing Law.
Resettlement land, thanksgiving house, great solidarity house, production workshop; warehouse, canteen, production garage and place of business. Housing and residential land for poor households; houses and land for ethnic minority settlements in mountainous, highland and remote areas.
The company’s house and land carry out socialization in the field of education – vocational training and training; medical; cultural; sport; environment in accordance with the law on registration of land use rights and ownership of houses for such activities.
houses and land that are not public property that register land use rights and house ownership rights in the context of activities in the field of education and training; medical; cultural; sport; science and technology; environment; public; population, family, protection and care of children according to the provisions of the law.
And lastly, houses and land of science and technology companies with registration of land use rights and house ownership rights in accordance with the law.
Decision 16/2022/ND-CP
On January 28, 2022, the Government issued Decree No. 16/2022/ND-CP which regulates administrative violation sanctions in construction; This decree is effective from the date of signing and has a number of important new points such as the regulation of maximum fines in the real estate business, production of building materials, management of technical infrastructure works, etc. art, management, home development,…
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