16 issues that have not been resolved

Reporting on some major issues of receiving, explaining and revising the Draft, Chairman of the Economic Committee Vu Hong Thanh mentioned 5 contents with 1 agreed plan, 16 issues are still designing 2-3 plans.

Chairman of the Economic Committee Vu Hong Thanh. (Photo: quochoi.vn)

In addition to the contents with one option, the Standing Committee also explained and accepted the contents with two options and asked for the National Assembly's opinion.

These are the contents on the rights and obligations of Vietnamese people residing abroad regarding the use of residential land; On the rights and obligations of economic organizations and public service units using land for annual rental payment; On land use planning and plans; On the principles of establishing and approving land use planning at all levels; On land use targets determined in the content of provincial and district-level land use planning; On the organization of implementation of land use planning and plans, allocation of provincial-level land use targets, district-level land use targets; On the implementation of commercial housing projects, mixed housing and commercial and service projects; On the development, exploitation and management of land funds...

In addition, the National Assembly Standing Committee also asked for the National Assembly's opinion on a number of regulations with three options: Regarding individuals not directly involved in agricultural production receiving the transfer of rice-growing land; Regarding the principles of establishing and approving land use planning at all levels.

The Chairman of the National Assembly's Economic Committee said that the quality of the draft Law has been gradually improved. However, up to now, many important policies have not been designed with optimal solutions. During the review process, new policy issues with different opinions continue to arise because the scope of the draft Land Law is very broad, closely related to many provisions in other laws.

In addition, the regulations have historical inheritance, recording the State's policies through the periods, some contents, although procedural, are regulated by law because they directly affect the rights and obligations of land users. Therefore, the work of perfecting the regulations requires utmost care and caution.

According to Vice Chairman of the National Assembly Nguyen Duc Hai, the draft Land Law (amended) was discussed by the National Assembly in groups and at the Hall at the 4th and 5th Sessions. The draft law was also widely consulted with voters and people across the country. The National Assembly Standing Committee also gave opinions on the draft law many times and organized a conference of specialized National Assembly deputies to discuss this draft law.

The draft law has also been sent to the Government and National Assembly delegations for comments. It is expected that if the conditions are met and the quality is guaranteed, the law will be passed at this Session. Despite determination and efforts, the documents sent to the National Assembly have not been timely as prescribed. The National Assembly Standing Committee will direct relevant agencies to seriously learn from experience.

" The Land Law (amended) is a massive, difficult, and complicated law project, an important legislative task of the entire term. Amending the law mobilizes the participation of the entire political system and all classes of people.

The provisions of the law have a profound impact on all aspects of socio-economic life, rights and interests of the people. The quality of the draft law must be given top priority, requiring careful and careful research on a scientific and practical basis, " Mr. Hai emphasized.

Vice Chairman of the National Assembly Nguyen Duc Hai. (Photo: quochoi.vn)

Two options regarding land for commercial housing

Among the two options that the Standing Committee asked for the National Assembly's opinion on, the issue of implementing commercial housing projects and mixed housing and commercial and service projects received special attention from public opinion.

According to Mr. Vu Hong Thanh, some opinions proposed to clearly define commercial housing projects, mixed housing and commercial and service projects as one of the cases of land recovery; the Provincial People's Council shall stipulate criteria for deciding on projects of this type to conduct bidding to select investors to implement the project in accordance with the actual situation of the locality; the rest are cases of auctioning land use rights.

Regarding this content, the draft law designs two options:

Option 1 is to absorb the opinions and on the basis of Report No. 598/BC-CP, the draft Law has been revised accordingly in Clause 27, Article 79, Clause 1, Article 126 and Clause 1, Article 127. Accordingly, commercial housing projects, mixed housing and commercial and service projects shall conduct auctions of land use rights and bids to select investors using land.

However, auctioning land use rights and bidding to select investors using land are only forms of land allocation and land lease by the State, not criteria and conditions for land recovery, and are not consistent with the requirements of Resolution No. 18-NQ/TW on specific regulations on conditions and criteria for the State to recover land for socio-economic development for national and public interests.

Option 2 incorporates opinions in the direction of regulating commercial housing projects, mixed housing and commercial and service projects associated with specific criteria and conditions in cases where the State reclaims land for socio-economic development for national and public interests.

Regarding the regulation assigning the Provincial People's Council to decide on commercial housing projects, mixed housing and commercial business and service projects to conduct bidding to select investors to implement the project, the Chairman of the Economic Committee said that this is new content for the Provincial People's Council, there may be a delay in actual implementation in the initial period of implementing the regulation when the Provincial People's Council has not yet issued criteria and conditions to have a basis for consideration and decision in each specific case.

Therefore, it is recommended that research should include specific criteria in the law as a basis for the decision to be made by the Provincial People's Council. The Government should disseminate and popularize the law to ensure a unified understanding, avoid risks in the implementation process, and provide specific guidance to ensure the feasibility, effectiveness, and efficiency of this regulation, and avoid problems when implementing it in practice.

Regarding the agreement on receiving land use rights or using existing land use rights to implement commercial housing projects, the draft currently has two options.

Accordingly, option 1 maintains the regulations on types of land used for commercial housing projects through agreements on receiving land use rights or having land use rights as in the current Housing Law: commercial housing projects can only be implemented in cases where land use rights are available if it is residential land or residential land and other land (not residential land, including agricultural land, non-agricultural land); commercial housing projects can only be implemented through agreements on receiving land use rights for residential land.

Option 2 proposes to expand the types of land used for commercial housing projects through agreements on receiving land use rights or having land use rights with conditions for receiving unlimited transfers of land types. The Government proposed this direction in Report No. 598/BC-CP.

" The majority of opinions of the National Assembly Standing Committee agree with Option 1 and ask for the National Assembly's opinion on this content ," said Mr. Vu Hong Thanh.

Thanh Lam

Source: https://vtc.vn/du-thao-luat-dat-dai-16-van-de-chua-chot-duoc-phuong-an-ar831587.html