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| Lawyer Nguyen Tra Duy Linh, Deputy Head of the Tien Giang Provincial Bar Association (now in the new Dong Thap province). |
* Reporter: Dear Lawyer, in the context of the province merger, people are worried about whether the previously issued legal documents on land are still valid?
* Lawyer Nguyen Tra Duy Linh: Previously issued legal documents on land such as Certificates of land use rights, house ownership rights and other assets attached to land (pink books, red books) are still legally valid. Currently, there is no legal document stipulating that documents issued before the merger are no longer legally valid.
* Reporter: There are many opinions that the merger of provinces will increase land prices in some areas. What is your opinion, Lawyer?
* Lawyer Nguyen Tra Duy Linh: Land prices increase or decrease depending on many factors such as: traffic infrastructure, social infrastructure (schools, hospitals, markets...). Merging provinces without additional infrastructure factors has no basis for price increases according to the provisions of Article 158 of the 2024 Land Law (effective from January 1, 2025). Therefore, people need to be calm and consider carefully to avoid being led into buying plots of land that are not at their real value.
* Reporter: In the context of changing administrative boundaries, how will land use plans and land price lists be adjusted?
* Lawyer Nguyen Tra Duy Linh: Land use planning will change, because previously there was a district level and a district-level land use planning. However, after the merger, there will no longer be a district level, so there will no longer be a district-level land use planning. Instead, there will be a commune-level land use planning stipulated in Article 19 of Decree 151/2025/ND-CP dated June 12, 2025 of the Government regulating the delimitation of authority of local governments at two levels, decentralization, and decentralization in the field of land. At the same time, there will be a commune-level land use plan stipulated in Article 20 of Decree 151/2025/ND-CP dated June 12, 2025 of the Government. Because previously, on March 18, 2025, the Government issued Resolution 52/NQ-CP, approving the Task of preparing the Adjustment of the National Land Use Planning for the period 2021 - 2030, with a vision to 2050; in which, the Ministry of Agriculture and Environment was assigned to implement the national land use planning in 2025 to submit to the National Assembly for approval.
Regarding the land price list: For localities that are not merged, the decision to promulgate regulations on land prices that are currently in effect will apply. For localities that are merged, the Department of Agriculture and Environment is sending a document to the Provincial People's Committee for guidance on applying the land price list to localities after the merger. In addition, Clause 3, Article 159 of the 2024 Land Law (effective from January 1, 2025) stipulates: "The Provincial People's Committee shall develop and submit to the People's Council of the same level for decision on the first land price list for promulgation and application from January 1, 2026. Every year, the Provincial People's Committee is responsible for submitting to the Provincial People's Council for decision on adjustments, amendments, and supplements to the land price list for promulgation and application from January 1 of the following year". At the same time, Article 8 of Decree 151/2025/ND-CP dated June 12, 2025 of the Government has decentralized and transferred the authority of the Provincial People's Council to the Provincial People's Committee. Thus, every year, from January 1, 2026, the Provincial People's Committee will decide on the first land price list, decide to adjust, amend and supplement the land price list to apply from January 1 every year according to the provisions of Clause 3, Article 159 of the 2024 Land Law.
* Reporter: What should people and businesses pay attention to during the transition period to avoid legal risks related to land?
* Lawyer Nguyen Tra Duy Linh: In the transition period, to limit legal risks related to land, people and businesses need to clearly understand the decentralization of authority in the land sector, specifically Decree 151/2025/ND-CP dated June 12, 2025 of the Government regulating the decentralization of authority of local governments at 2 levels, decentralization and delegation in the land sector, thereby implementing the rights and obligations of land users in accordance with regulations, avoiding cases of improper implementation, going to the wrong competent authority... Do not follow incorrect and unverified information. Because, in essence, the rights and obligations of people and organizations remain unchanged, only the competent authority to handle administrative procedures has changed. The work previously handled by the district level is now transferred to the provincial and commune levels.
* Reporter: What do lawyers suggest for the State to stabilize the land market after the merger?
* Lawyer Nguyen Tra Duy Linh: To stabilize the land market after the merger, I think the State should soon adjust the planning to suit the two-level local government, and the locality should soon have a plan to determine and issue a land price list... publicly announce it to all people according to the provisions of Article 24 (Right to access land information), Article 75 (Public announcement of land use planning and plans), Article 159 (Land price list) of the 2024 Land Law.
LE MINH (performed)
Source: https://baoapbac.vn/xa-hoi/202508/luat-su-nguyen-tra-duy-linh-pho-chu-nhiem-doan-luat-su-tinh-tien-giang-nay-thuoc-dia-ban-tinh-dong-thap-goc-nhin-phap-ly-ve-dat-dai-sau-sap-nhap-1047668/
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