Ensuring the harmony of interests of three parties
Speaking at the opening of the conference, Minister of Natural Resources and Environment Dang Quoc Khanh reaffirmed the important role of the Land Law in the country's socio-economic life, national defense, security, and environmental protection... However, the management and use of land under the 2013 Land Law in the past still exists, is limited, and has shortcomings; some contents of related laws are not consistent and synchronous with the law on land; detection, prevention, and handling have not been well implemented; some new contents have arisen in practice but the law has no regulations to regulate them.
Therefore, to overcome the shortcomings, the Central Committee has issued many Resolutions related to land. In particular, Resolution No. 18-NQ/TW dated June 16, 2022 of the Central Executive Committee on continuing to innovate and perfect institutions and policies, improving the effectiveness and efficiency of land management and use, creating momentum to turn our country into a high-income developed country with 5 viewpoints, 3 general goals, 6 specific goals, 06 groups of solutions and 8 major groups of policies in perfecting institutions, policies, laws on land and organizing the implementation of this policy is a very important political basis for perfecting land policies and laws.
“The 2024 Land Law is the full and timely institutionalization of the Party's viewpoints and policies in the Resolution of the 13th National Party Congress, Resolution No. 18-NQ/TW and the Party's resolutions and conclusions on land management and use; resolving overlapping and conflicting situations in policies and laws related to land; resolving problems and difficulties arising from practical land management and use. Strengthening land management in terms of area, quality, economic value, etc. Ensuring harmony of rights and interests of the State, land users and investors…” – Minister of Natural Resources and Environment Dang Quoc Khanh emphasized.
Accordingly, the Land Law (Law No. 31/2024/QH15) consists of 16 chapters and 260 articles, of which 180/212 articles of the 2013 Land Law are amended and supplemented and 78 new articles are added. In particular, there are some notable new points that need to be noted in: Chapter II on the powers and responsibilities of the State, the rights and obligations of citizens regarding land (including 14 articles, from Article 12 to Article 25); Chapter III on the rights and obligations of land users (including 23 articles, from Article 26 to Article 48); Chapter IV on administrative unit boundaries, basic land surveys (including 11 articles, from Article 49 to Article 59); Chapter V on Land use planning and plans (including 18 articles, from Article 60 to Article 77); Chapter VI on land recovery and land requisition (including 13 articles, from Article 78 to Article 90); Chapter VII on compensation, support and resettlement when the State recovers land (including 21 articles, from Article 91 to Article 111); Chapter VIII on land fund development, management and exploitation (including 4 articles, from Article 112 to Article 115); Chapter IX on land allocation, land lease, and change of land use purpose (including 12 articles, from Article 116 to Article 127); Chapter X on land registration, issuance of land use right certificates, and ownership of other assets attached to land (including 15 articles, from Article 128 to Article 152); Chapter XI on land finance and land prices (including 10 articles, from Article 153 to Article 162); Chapter XII on land information system and national land database (including 8 articles, from Article 163 to Article 170);…
Many new regulations are added
In particular, Chapter III stipulates the rights and obligations of land users, perfecting the rights of Vietnamese people residing abroad, in the direction that Vietnamese people residing abroad, having Vietnamese nationality and being Vietnamese citizens, have full rights related to land like Vietnamese citizens in the country (domestic individuals).
In particular, the right to choose the form of land rental payment is added, accordingly, land users who are currently leasing land from the State and paying annual land rental but are in the case of being leased land by the State and paying land rental in one lump sum for the entire lease term according to the provisions of this Law may choose to switch to land leasing with one-time land rental payment for the remaining lease term. In the case of being leased land by the State and paying land rental in one lump sum for the entire lease term, they may choose to switch to land leasing with annual land rental payment.
Supplementing regulations on domestic organizations that are allocated land by the State to implement social housing projects, housing for the people's armed forces, investment projects to renovate and rebuild apartment buildings or to implement investment projects for business purposes and are exempted or reduced from land use fees and land rents, have the same rights and obligations as those not exempted or reduced from land use fees and land rents; in case of transferring or contributing capital with land use rights, they must pay to the State an amount of money equivalent to the amount of land use fees and land rents that have been exempted or reduced at the time of land allocation, land lease or permission to change land use purposes.
Supplementing regulations that individuals who are not directly involved in agricultural production are allowed to receive transfers of the right to use rice-growing land within the land allocation limit. In case of exceeding the limit, they must establish an economic organization, have a plan to use rice-growing land and must be approved by the People's Committee at the district level. Individuals using agricultural land are allowed to transfer the right to use agricultural land within the same provincial administrative unit to other individuals and are not required to pay income tax from the transfer of land use rights and registration fees. Economic organizations that are allowed to receive transfers of the right to use agricultural land must have a plan to use agricultural land approved by the People's Committee at the district level.
Chapter IV of the 2024 Land Law also decentralizes the authority to approve national land use plans to the Government, the authority to decide on provincial land use plans to the Provincial People's Council to create initiative and flexibility in the management of the Government and localities; for national defense land use plans, security land use plans will be regulated and integrated into the content of national defense land use plans and security land use plans. Supplementing regulations for centrally-run cities that already have urban planning, provincial land use plans will not be established but based on urban planning to establish provincial land use plans.
Regarding the provisions on land recovery and land requisition, Article 79 (Chapter VI) of the Law specifically stipulates 31 cases in which the State recovers land for socio-economic development for national and public interests. In this case, the State must recover land for projects such as: construction of public works; construction of headquarters of state agencies, public works; other cases, including many groups of criteria such as: housing, production areas, land fund development, minerals, underground works and cases in which the State recovers land for auction and bidding to increase budget revenue...
With 31 specific cases in which the State recovers land for socio-economic development for national and public interests, it has basically covered all necessary cases for socio-economic development for national and public interests. However, to ensure that in cases where land recovery is really necessary but not yet regulated by this Law, Clause 32, Article 79 stipulates that in other cases, the National Assembly shall amend and supplement the cases of land recovery in this Article according to the simplified procedures.
Hanoi is actively taking action.
It is known that, immediately after the 2024 Land Law was passed, the leaders of Hanoi City directed the implementation of the Law in the area. Specifically: Hanoi City People's Committee issued Document No. 990/VP-TNMT dated January 23, 2024 notifying the direction of Vice Chairman of the City People's Committee Nguyen Trong Dong on assigning the Department of Natural Resources and Environment to preside over and coordinate with the Departments of Justice, Finance, Construction, Planning and Investment; People's Committees of districts, towns and cities to study, update and advise the City People's Committee to issue a Plan to implement the 2024 Land Law.
Accordingly, the Department of Natural Resources and Environment has proactively researched and developed a draft Plan for implementing the 2024 Land Law in the City (including the following contents: Purpose and requirements; development of documents detailing the Land Law under the authority of the City People's Committee; assignment of implementing units; implementation schedule, organization of propaganda...).
Currently, the Department of Natural Resources and Environment is collecting comments from departments, branches, districts, and towns to contribute to the draft Decree guiding the implementation of the Land Law. As of March 6, 8 departments, branches, and 10 district-level People's Committees have submitted documents to contribute comments to the draft. It is expected that in March 2024, the Department of Natural Resources and Environment will complete the document advising the City People's Committee to contribute comments to the draft Decree detailing the implementation of a number of articles of the Land Law at the request of the Ministry of Natural Resources and Environment.
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