Land should only be reclaimed for commercial housing projects when developing urban areas.
The report explaining, receiving feedback, and revising the draft Law on Land (amended), presented by the Chairman of the Economic Committee, Vu Hong Thanh, stated that regarding the rights and obligations of Vietnamese people residing abroad concerning land use, the draft law amends the regulations in the following direction: for Vietnamese people residing abroad who have Vietnamese nationality and are Vietnamese citizens, they have full rights related to land (not just the right to residential land) as Vietnamese citizens in the country (individuals in the country), and the current legal policy for people of Vietnamese origin residing abroad is maintained to contribute to promoting investment and attracting remittances from Vietnamese citizens residing abroad into the country.
"The regulations in the draft law have been reviewed to ensure consistency with the Law on Nationality. In cases where people of Vietnamese origin engage in real estate business activities or act as investors in housing projects, the determination of the entity entitled to implement the project will be governed by the Law on Real Estate Business and the Law on Housing," the Chairman of the Economic Committee stated.
Chairman of the Economic Committee Vu Hong Thanh presented the report.
Regarding land acquisition for commercial housing projects and mixed-use housing and commercial/service projects (Clause 27, Article 79), after considering the opinions of National Assembly deputies and relevant agencies, the draft law stipulates that, inheriting the provisions of the 2013 Land Law, land can only be acquired for commercial housing projects and mixed-use housing and commercial/service projects when they are "urban development investment projects".
Regarding the policy-making technical design, the draft law clarifies the nature of urban area projects subject to consideration for revocation as "urban area construction investment projects with mixed-use functions, integrated technical and social infrastructure systems with housing as prescribed by construction law".
According to the Chairman of the Economic Committee, Vu Hong Thanh, such technical design is similar and consistent with the technical design in other clauses of Article 79. Article 79 only stipulates cases of land acquisition for projects to develop socio-economic activities for the national and public interest. When carrying out land acquisition in the cases stipulated in Article 79, the grounds and conditions stipulated in Article 80 on "Grounds and conditions for land acquisition for national defense and security purposes; socio-economic development for the national and public interest" must be met.
Delegates attending the session.
Article 72 on "Authority to decide and approve land use plans" stipulates that before approving the annual land use plan at the district level, the Provincial People's Committee shall submit to the Provincial People's Council for approval the list of works and projects requiring land acquisition, including projects requiring land acquisition for auction or bidding.
Six individuals are permitted to use land designated for national defense and security purposes in combination with labor and production activities.
Regarding the entities permitted to use national defense and security land in combination with labor production and economic development activities (Clause 1, Article 201); and the rights and obligations of military and police enterprises when using national defense and security land in combination with labor production and economic development activities (Point h, Clause 3, Article 201), based on the Government's proposal in Report No. 710, the draft law stipulates that the entities permitted to use national defense and security land in combination with labor production and economic development activities include: Military units, police units, public service units under the People's Army and People's Police; and state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security , including "enterprises in which the State holds from over 50% to under 100% of the capital" managed by the Ministry of National Defense and the Ministry of Public Security.
A panoramic view of the auditorium.
State-owned enterprises under the management of the Ministry of National Defense and the Ministry of Public Security are allowed to lease, mortgage, or contribute land-attached assets as capital according to plans approved by the Minister of National Defense and the Minister of Public Security, respectively. The Chairman of the Economic Committee stated that, to ensure stricter control when expanding this right compared to Resolution No. 132/2020/QH14, the draft law stipulates that: in cases of buying and selling land-attached assets, handling mortgaged assets, or contributing capital assets, these transactions can only be carried out internally between entities using national defense and security land in combination with labor, production, and economic development activities as stipulated in this law, according to plans approved by the Minister of National Defense and the Minister of Public Security.
We propose that the Government direct the strict implementation of legal regulations on the management and use of national defense and security land in combination with labor, production, and economic development activities, ensuring the achievement of state management objectives and preventing any loss or violations that could affect national defense and security tasks.
The Minister of National Defence and the Minister of Public Security are responsible for ensuring strict adherence to the principles established in Resolution No. 18-NQ/TW, Conclusion No. 59-KL/TW and 90-KL/TW, particularly in clearly defining in legal documents with third parties the conditions for handling mortgaged assets and capital contributions in accordance with the law. Enterprises whose land use plans are approved are responsible for organizing and implementing these plans effectively and in accordance with the law.
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