Draft Law amending and supplementing a number of articles of the Land Law: Removing current shortcomings, ensuring no new problems arise

On August 18, concluding the meeting to review the draft Law amending and supplementing a number of articles of the Land Law, Deputy Minister of Justice Nguyen Thanh Tu, Chairman of the Review Council, said that the draft law is eligible to be submitted to the Government after receiving the opinions of the Review Council. Deputy Minister Nguyen Thanh Tu also raised 6 issues that need to be further improved.

In particular, regarding the scope of regulation, it is necessary to continue reviewing and trying to "scan" all the difficulties and inadequacies of current regulations and urgent contents on socio -economic development to supplement the draft law, while ensuring that no new difficulties or problems arise.

For contents such as adding 3 cases of land recovery; compensation, support, resettlement; auction and bidding, it is necessary to review, assess the impact carefully and have a solution. In particular, it is necessary to focus on policy communication to clarify the provisions of the draft law.

There needs to be a control and post-audit mechanism to limit abuse and ensure consistency between this law and related laws, especially the Law on Urban and Rural Planning, the Investment Law as well as consistency in the draft law itself with the remaining provisions of the current Land Law...

Previously, presenting the draft law at the meeting, Ms. Doan Thi Thanh My, Deputy Director of the Department of Land Management (Ministry of Agriculture and Environment) said that the draft law consists of 3 articles, expected to take effect from January 1, 2026. The draft law adds 3 cases where the State reclaims land for socio-economic development for national and public interests to Article 79, including the case of using land to implement socio-economic development projects through agreements on receiving land use rights, which must be completed by the end of the agreement or the extension period if the agreement completion period is extended and over 75% of the land area and over 75% of the number of land users have been agreed upon, the State will reclaim the remaining land area to allocate land or lease land to investors.

The draft law also adds cases of implementing urgent public investment projects serving political and foreign affairs tasks; projects in free trade zones, in international financial centers; logistics projects; mixed residential, urban, tourism, commercial services, cultural, sports and other purposes projects; cultural industry projects and other socio-economic development projects decided by the Provincial People's Council in accordance with local conditions.

At the meeting, the representative of the Vietnam Federation of Commerce and Industry proposed to consider the case of "other socio-economic development projects decided by the provincial People's Council in accordance with the actual conditions in the locality" because according to the provisions of the Constitution, the State will reclaim land currently used by organizations and individuals in cases of real necessity as prescribed by law. This opinion also suggested clarifying whether the price of reclaimed land in this case will be applied according to the land price list or according to the previous agreement of the enterprise. Associate Professor, Dr. Nguyen Quang Tuyen ( Hanoi Law University) is concerned that the land price list and land price adjustment coefficient stipulated in the draft law may not be able to resolve issues related to site clearance.

MR. PHUONG

Source: https://www.sggp.org.vn/du-an-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-dat-dai-thao-go-bat-cap-hien-hanh-dam-bao-khong-phat-sinh-vuong-mac-moi-post809041.html