Recently, Hiep Phuoc Industrial Park Joint Stock Company (HIPC), the investor of Hiep Phuoc Industrial Park, reported on the obstacles and difficulties encountered in implementing the 2024 Land Law and Decree No. 123/2024 regulating administrative penalties for violations in the field of land and the issuance of land use certificates in industrial parks.
According to Mr. Huynh Bao Duc, General Director of HIPC, the 2024 Land Law stipulates that within 30 days from the date of any change, land users must register the change with the competent authority. In the case of enforcement proceedings, the deadline for registering the change is calculated from the date of handover of the property subject to enforcement., assets for auction. In the case of inheritance of land use rights, the deadline for registering changes is calculated from the date of completion of the division of land use rights as inherited property according to regulations. law in civil matters or from the date the court's judgment or decision takes legal effect.
Mr. Duc stated that in HIPC (Nha Be District, Ho Chi Minh City), there are currently cases where sublease contracts are signed with payment installments, divided into many payments over several years. Therefore, only after the investor fulfills their payment obligations on time as stipulated in the contract does HIPC proceed with the land title separation procedures for the partner. This process can take many years from the time the contract is signed by both parties. Consequently, HIPC cannot carry out the registration procedures. issuing land ownership certificates The land can be subleased to a unit within 30 days as stipulated by law.
Meanwhile, the practice of subleasing land in industrial parks through deferred payments over multiple years is driven by business needs and market realities. However, Decree No. 123/2024 will impose penalties on those who lease or sublease land but fail to register changes within 30 days of signing the contract. This is inconsistent with reality and will create significant difficulties for businesses operating industrial park infrastructure.
Therefore, HIPC reports to the relevant authorities to request support in resolving the aforementioned difficulties and obstacles, and to consider supporting recommendations to competent authorities for amendments to make the industrial park project more practical and convenient. Specifically, this includes not imposing administrative penalties or applying remedial measures for the leasing and subleasing of land within the industrial park. industrial zone.
Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association, believes that HIPC's difficulties are not unique and could occur in all industrial parks, export processing zones, high-tech zones, and industrial clusters where the enterprise investing in and developing industrial park infrastructure is the lessor or subleasing party for land use rights. The regulations are not yet synchronized, interconnected, and do not include cases where the parties agree on payment of rent in installments as stipulated in the 2015 Civil Code. Therefore, industrial park infrastructure enterprises can all be subject to administrative penalties for violations when leasing or subleasing land use rights where the parties agree on payment terms. land rent by term.
Therefore, it is essential to amend Decree 123/2024 to remove the 30-day deadline from the date of change, requiring land users to register the change with the competent authority for businesses operating infrastructure leasing or subleasing land use rights where the parties agree on periodic land rent payments.
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