On December 18, 2020, the Government issued 148/2020/ND-CP amending a number of Decrees guiding the Land Law (“Decree 148“). Accordingly, Decree 148 has new regulations on the conditions for transferring land use rights in the form of division of plots and sale of land plots. As follows:

In Clause 17, Article 1 of Decree 148 amending and supplementing Article 41 of Decree No. 43/2014/ND-CP on conditions for transferring land use rights in investment projects on construction and trading of “houses for sale” or “for sale and for lease” as follows:

1. First, conditions for investors:

• Project investors must complete the construction of infrastructure (including service works, technical infrastructure works, social infrastructure works according to the approved detailed construction plan 1/500); Ensure the connection with the common infrastructure system of the area before transferring land use rights to the people to build houses by themselves; Ensure the provision of essential services including electricity supply, water supply, water drainage, waste collection;
• Project investors must fulfill financial obligations related to the project’s land (including land use fees, land rental; land-related taxes, fees (if any));

2. Second, the conditions for the project: Are projects not located in the following areas:

• Areas of wards of (special grade cities) and (grade I cities directly under the Central Government);
• Areas with high demand for (landscape architecture), (central area) and (surrounding buildings are architectural highlights in the urban area);
• Frontage of (roads from regional level up) and (roads that are major landscape in urban areas).

        3. Other conditions: Based on the provisions of the law on (urban planning), (construction), (urban development), (real estate business) and (housing) to determine.

Above is the change of the conditions for transferring land use rights in the form of subdivision and sale of land in Decree 148. Decree 148 takes effect from February 8, 2021.

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