The Ministry of Finance proposes to fully implement the provisions of the 2024 Land Law.

Illustration photo (Photo: BL)

Accordingly, regarding the land use regime of public service units, the Ministry of Finance notes 4 cases.

Specifically, public service units using land to build public service facilities are allocated land by the State without collecting land use fees for stable and long-term use. In cases where the State allocates land without collecting land use fees, but there is a need to use part or all of the allocated land area for production, business, or service provision, they can choose to switch to the form of State land lease with annual land rental payment for that area.

Public service units that are leased land by the State and pay land rent at one time for the entire lease term to invest in the construction and business of infrastructure of industrial parks and industrial clusters have the same rights and obligations as economic organizations that are leased land by the State and pay land rent at one time for the entire lease term.

Public service units that are leased land by the State and pay annual land rent, but are not in the case of using land for investment in construction and business of infrastructure of industrial parks and industrial clusters as prescribed in Clause 2, Article 202 of the Land Law, have the same rights and obligations as economic organizations that are leased land by the State and pay annual land rent, except for the right to sell, the right to mortgage and the right to contribute capital with assets attached to the land and the right to lease in the land lease contract; at the same time, they are exempted from and have land rent reduced as prescribed in Point d, Clause 1, Article 157 of the Land Law.

Regarding the land use regime for the construction of agency headquarters and public works, the Ministry of Finance said that the management, use and exploitation of land funds within the scope of the law on management and use of public assets shall be implemented in accordance with the provisions of the law on management and use of public assets. Contents that are not regulated by the law on management and use of public assets shall be implemented in accordance with the provisions of the Land Law.

The exploitation and use of land funds leased by the State for other purposes shall be carried out according to the following provisions:

For public service units that are leased land by the State, they are allowed to actively exploit and use it for multiple purposes according to the plan approved by the competent authority in accordance with the provisions of the 2024 Land Law and relevant laws; in case of investment in construction works on the land, it must comply with the law on construction. Exploitation and use of land for multiple purposes must be accounted for in accordance with the provisions of law.

For land currently used by public service units that need to lease, enter into joint ventures or associations with economic organizations, there must be a plan to use public assets for the purpose of leasing, joint ventures or associations approved by competent authorities in accordance with the provisions of law on management and use of public assets.

Public service units that are allocated land by the State without collecting land use fees, or lease land before the effective date of the 2024 Land Law, shall be allowed to continue using the land for the remaining land use term in the form of land allocation or land lease; in case of need, they shall be allowed to switch to the form of land allocation or land lease in accordance with the provisions of the 2024 Land Law.

Regarding the land use regime for building agency headquarters and public works, the Ministry of Finance notes two cases.

Specifically, land for building agency headquarters includes: land for headquarters of agencies of the Communist Party of Vietnam , state agencies, the Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, and other organizations established in accordance with the provisions of law and assigned tasks by the State and supported with regular operating expenses. The State allocates land without collecting land use fees for land for building agency headquarters.

Land for construction of public works, including: land for construction of cultural, social, medical, educational and training, physical education, sports, science and technology, environmental, hydrometeorological, diplomatic facilities and other public works or land for construction of headquarters of other public service units.

The Ministry of Finance also noted that in cases where land use rights and assets attached to land are public assets in cases of land recovery under the provisions of the Land Law, including cases of national defense and security land recovery to implement socio-economic development projects for national and public purposes, it is not necessary to rearrange and handle public assets in accordance with the provisions of law on management and use of public assets.

In case of selling assets, transferring or assigning land use rights which are public assets according to the provisions of law on management and use of public assets, land users (agencies, organizations, units assigned to manage and use or organizations, individuals receiving transfer of land use rights and assets attached to land which are public assets) shall be responsible for:

In case of selling assets, transferring or assigning land use rights which are public assets according to the provisions of law on management and use of public assets, the land user (agency, organization, unit assigned to manage and use or organization, individual receiving the transfer of land use rights and assets attached to land which are public assets) must register the change with the competent authority within 30 days from the date of change.

The competent authority shall confirm the issued certificate or re-issue the Certificate of land use rights and ownership of assets attached to land when the land user or owner of assets attached to land has a need.

The provincial People's Committee shall assign land originating from land transferred to the locality for management, handling, and recovery due to rearrangement and handling of houses and land according to the provisions of law on management and use of public assets to land fund development organizations for management and exploitation, except in cases where such houses and land are handled in the form of transfer or arrangement for use for State purposes according to the provisions of law on management and use of public assets.

In case the State allocates protective forest land or special-use forest land for management, use, protection and development of forests in accordance with the provisions of the law on forestry, a Certificate of land use rights and ownership of assets attached to land shall be granted, but the assets shall not be recorded as public assets on the Certificate of land use rights and ownership of assets attached to land.

The Ministry of Finance also stated that the Land Price List issued by the Provincial People's Committee in accordance with the provisions of the 2013 Land Law shall continue to be applied until December 31, 2025; if necessary, the Provincial People's Committee shall decide to adjust the Land Price List in accordance with the provisions of this Law to suit the actual situation of land prices in the locality. The procedure for adjusting the Land Price List in this case (if any) shall comply with the provisions of Article 17 of Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government regulating land prices.

The new Land Law takes effect from August 1, 2024. From 2026, land price lists will be issued by provincial People's Committees once a year to keep up with the market, instead of every 5 years as per the old regulations./.

Source: https://dangcongsan.vn/kinh-te/bo-tai-chinh-de-nghi-to-chuc-thuc-hien-day-du-cac-quy-dnh-cua-luat-dat-dai-nam-2024-674872.html