On the morning of June 9, continuing the program of the 6th session of the 5th National Assembly, after listening to the Minister of Natural Resources and Environment, authorized by the Prime Minister, presented a Report on explanation, acceptance and revision of the Draft Land Law (amended); the results of collecting people's opinions on the Land Law Project (amended); Chairman of the Economic Committee of the National Assembly Vu Hong Thanh presented the Verification Report of the Land Law Project (amended). After that, the National Assembly conducted group discussions.
Comrade Tran Hong Minh, Member of the Party Central Committee, Secretary of the Provincial Party Committee, Head of the Provincial Delegation of the National Assembly, chaired the discussion at Group 16 including the provinces of Cao Bang, Ha Tinh and Dong Nai.
Speaking at the discussion, delegate Nguyen Dinh Viet, Vice Chairman of the National Assembly's Economic Committee, and a member of the Provincial National Assembly basically agreed with the Draft Land Law (amended), but said that the bill still has many issues that need to be completed. Comrade said, the draft law documents sent to the National Assembly deputies and agencies of the National Assembly were delayed in time, making it very difficult for delegates to carefully study and comment on the Land Law (amended) Project.
Commenting on some specific articles, the delegate said that, in Clause 11, 15 of Article 3, "Transfer of land use rights is the transfer of land use rights ...", "Disputed land is a land parcel in which there is a land dispute ...", requesting the Drafting Board to additionally study and explain these concepts more clearly and specifically.
As for the Land Development Fund, Clause 3, Article 113 stipulates: "The People's Committee of the province is responsible for submitting to the People's Council of the same level for decision to allocate at least 10% of the revenue from the local land use levy and annual land rent to the Land Development Fund.". According to the delegate, the specific regulation of the minimum 10% as the draft is not recommended because the demand for land use and revenue from land are very different in different localities, so the decision on land development fund can be assigned to the People's Council to decide on the basis of the actual situation of the localities.
Go back principles and bases of land valuation method In Article 158, such provisions are not clear and have not yet ensured the full and comprehensive institutional requirements of Resolution No. 18-NQ/TW. Regarding the land price list, it is recommended to specify in the law on the development and application of the land price list because this is a component of the land price determination mechanism as stated in the Resolution No. 18-NQ/TW. The Land Price Appraisal Council shall review its composition in order to improve its expertise and ensure the independence between the valuation agency, the price appraisal agency and the land price-determining agency. Clearly define the functions, duties and responsibilities of the council; land price appraisal process, procedures and time. Evaluating the feasibility of regulations Provincial- and district-level People's Committees invite independent experts to participate in the council and are responsible for the appraisal results in accordance with the law. Separation of decision-making authority; grounds, criteria and responsibilities of the Land Price Appraisal Council; relationship between the authority of the Price Appraisal Council and the authority to decide on land prices of the People's Committee and the land valuation and consulting organization.
The basis for determining land prices at point d, clause 2, Article 158 stipulates "Other factors affecting land prices", the delegate expressed concern because this regulation is unclear, may generate many risks and complications, so it is suggested that the Drafting Board consider whether to remove it or not so that localities can apply it more easily in practice.
Deputies to the National Assembly of Dong Nai and Ha Tinh provinces participated in commenting on many important contents of the Draft Land Law (amended) at the panel discussion.
Le Diep