Providing feedback on draft decrees related to the Land Law.

Today, June 11th, in Hanoi , Deputy Prime Minister Tran Hong Ha chaired an online meeting to gather opinions, exchange ideas, and discuss draft decrees regulating compensation and resettlement support when the State reclaims land, and a decree detailing the implementation of several articles of the Land Law related to land valuation, land use fees, and land lease fees. The Standing Vice Chairman of the Quang Tri Provincial People's Committee, Ha Sy Dong, attended the meeting from the Quang Tri provincial branch.

The draft decree regulating compensation, support, and resettlement when the State recovers land consists of 3 chapters and 32 articles. This decree provides detailed regulations and guidance for the implementation of Clause 3, Article 87, Articles 92, 94, 95, 96, 98, 99, 100, 102, 106, 107, 108, 109, and 111 of the Land Law concerning compensation, support, and resettlement when the State recovers land. The decree applies to state agencies exercising the authority and responsibility of representing the people as the owners of land, performing the task of unified state management of land, and land administration officials at the commune level; units and organizations performing compensation, support, and resettlement tasks; people whose land is recovered and owners of assets attached to the recovered land. Other related parties...

Delegates attending the meeting at the Quang Tri location - Photo: Provided

The draft decree detailing the implementation of several articles of the Land Law comprises 10 chapters and 114 articles. This decree provides detailed regulations and guidance for the implementation of many points, clauses, and articles related to the Land Law. The decree applies to state agencies exercising the authority and responsibility of representing the people as the owners of land, performing the task of unified state management of land; land users as stipulated in Article 4 of the Land Law; and other relevant entities...

The draft decree regulating land prices has 6 chapters and 39 articles, stipulating methods for land valuation; the construction, adjustment, amendment, and supplementation of land price tables; and the conditions for practicing land valuation consulting... Specifically, it stipulates the applicable subjects: agencies performing state management functions regarding land; agencies responsible for constructing, adjusting, amending, supplementing, appraising, and deciding on land price tables; agencies and individuals authorized to determine, appraise, and decide on specific land prices; land valuation consulting organizations and individuals practicing land valuation consulting; and other related organizations and individuals.

The draft decree regulating land use fees and land lease fees consists of 5 chapters and 54 articles, stipulating many contents such as the scope of application, subjects of application; regulations on calculating, collecting, and paying land use fees; regulations on calculating, collecting, and paying land lease fees; regulations on the responsibilities of agencies and land users; and implementation provisions.

Regarding the decree regulating compensation, support, and resettlement when the State reclaims land and the decree detailing the implementation of some articles of the Land Law, some opinions suggest adjustments to certain sections, such as: compensation for property damage and remaining investment costs in land; support and resettlement arrangements; allocation of funds and payment of compensation, support, and resettlement... Regarding the scope of regulation, some opinions suggest that the scope of regulation of the draft decrees needs to be reviewed and clarified, clearly distinguishing it from the scope of regulation of other draft documents detailing the implementation of the Land Law. Proposals include adding content to points, clauses, and articles; merging some articles and clauses; reviewing and revising the drafting techniques, language, and format; and reviewing and revising references and citations for appropriateness...

Regarding decrees related to land valuation, land use fees, and land lease fees, the majority of delegates agreed with the regulations in the draft decrees aimed at overcoming and resolving the shortcomings and obstacles of current land policies, making it easier for local authorities, people, and businesses to implement them.

In addition, based on the current situation, some delegates also requested the Ministry of Finance and the Ministry of Natural Resources and Environment to further clarify some issues related to the land valuation method using the surplus method; the principles for implementing land use fee exemptions and reductions; land lease rates; the period of stable annual land lease payments (including cases of land use right auctions)...

Speaking at the meeting, Deputy Prime Minister Tran Hong Ha requested the Government Office to coordinate with the Ministry of Finance, the Ministry of Justice, and the Ministry of Natural Resources and Environment to receive, synthesize, review, and finalize the draft, ensuring that it inherits current regulations based on practical implementation and is consistent with the requirements of the task; ensuring uniformity and consistency with the 2024 Land Law and high feasibility. Localities, associations, and businesses should promptly submit written comments based on their practical situation so that relevant ministries and agencies can study, supplement, and finalize the decree before submitting it to the Government.

The Deputy Prime Minister requested that, before submitting the draft decrees to the Prime Minister for signing, the drafting units should carefully review and check them, and seek the opinion of the Ministry of Justice to confirm that these decrees fully cover the scope; were drafted in the correct order and procedures; and ensure consistency and avoid conflicts with other decrees and regulations.

Tay Long - Ha Trang

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