The Hanoi People’s Committee agrees to classify the Covid-19 pandemic as a force majeure event, affecting projects from January 23, 2020, to October 11, 2021, a total of 21 months, excluding the time for projects that have already been extended for 24 months according to the law.
The People’s Committee of Hanoi has issued a document regarding the application of the law in handling cases where the Hanoi People’s Committee has decided to extend land use for 24 months but the land has not been put into use due to the force majeure circumstances caused by the Covid-19 pandemic, as stipulated by the Land Law.
Accordingly, the People’s Committee of Hanoi has agreed to classify the Covid-19 pandemic as a force majeure case, with its impact period starting from January 23, 2020 (the date of the Covid-19 outbreak announcement according to Decision No. 447 of the Prime Minister) until October 11, 2021 (the date the Government issued Resolution No. 128 temporarily regulating the adaptation of Covid-19 safety, flexibility, and effective control), a total of 21 months. This period does not include the extension periods granted to projects for 24 months as stipulated in Clause 1, Article 64 of the Land Law 2013.
Hanoi assigned the Department of Natural Resources and Environment (DNRE) to take the lead, in collaboration with relevant departments and agencies, to determine the specific duration of the impact caused by the Covid-19 pandemic as a force majeure case for each project based on the provisions of the law and guiding documents.
The project is slow to implement in Hanoi city. (Photo: Hong Khanh)
“On the basis of determining the impact duration of the Covid-19 pandemic for each project, the DNRE will synthesize, report, and propose to the People’s Committee of Hanoi for consideration and issuance of decisions to extend the deadline due to force majeure reasons for each project,” the document stated.
The city also instructed the Tax Department to review the financial obligations that arose during the extended period (if any) for each project. In case of difficulties or obstacles, proactive requests should be made to the Ministry of Finance and the General Department of Taxation for guidance on proper implementation according to legal provisions.
The starting point for calculating the extended period due to the impact of the Covid-19 pandemic (as a force majeure case) is the date when the People’s Committee of Hanoi signs the decision to apply it to each project (similar to the case of a 24-month land use extension according to regulations).
“For projects that have reached the extended deadline but the investor has not put the land into use, the People’s Committees of districts, towns, and townships shall report to the People’s Committee of Hanoi (through the DNRE) to prepare files and submit them to the People’s Committee of Hanoi to decide on land revocation in accordance with the provisions of the Land Law,” emphasized the People’s Committee of Hanoi.