Finalize the Decree to remove obstacles in the implementation of the Land Law.

On the afternoon of December 29th, Deputy Prime Minister Tran Hong Ha chaired a meeting with ministries, agencies, and real estate business associations to discuss the draft regulations detailing and guiding the implementation of Resolution 254/2025/QH15, and to address obstacles in the implementation of the Land Law.

Vice Chairman of the Provincial People's Committee Vo Ngoc Hiep presided over the meeting at the Lam Dong province location.

The meeting was connected online to locations in provinces and cities across the country. At the Lam Dong provincial location, Vice Chairman of the Lam Dong Provincial People's Committee Vo Ngoc Hiep chaired the meeting, with the participation of leaders from relevant departments and agencies.

The 2024 Land Law and its implementing regulations contain many new and groundbreaking provisions, contributing to the improvement of the institutional framework and enhancing the effectiveness and efficiency of land management and use. At the same time, it promotes decentralization, delegation of power, and administrative procedure reform.

However, after more than a year of implementation, practical experience has revealed some obstacles and shortcomings, especially in the context of operating a two-tiered local government model, requiring further research and refinement of policies and mechanisms to ensure consistency and feasibility.

Based on this, the issuance of a Decree detailing and guiding the implementation of certain articles of Resolution 254 is considered an urgent requirement. The draft Decree consists of 5 chapters, 22 articles, and 3 appendices, focusing on key contents such as: detailing and guiding the implementation of Resolution 254; amending and supplementing several related decrees; clarifying decentralization, delegation of power, and delineation of authority in the field of land.

The draft Decree also specifies major issues of concern to localities, including: land acquisition, compensation, support, and resettlement; cases where land compensation is not provided; grounds for land acquisition, land allocation, and land leasing for BT project payments; regulations on land price tables and land price adjustment coefficients; and multi-purpose land use.

Some notable new points in the draft include the standardization of the method for defining "land users" within the project scope, in accordance with Resolution 254. Accordingly, households, groups of people, married couples, residential communities, or organizations assigned to manage land are counted as one land user.

Representatives from various departments and agencies attended the meeting.

The draft also clarifies cases where land compensation is not granted, including: acts of encroachment on land belonging to agency headquarters, public works, and public facilities before July 1, 2014, which were prevented but continued intentionally; or encroachment on land managed by the State from July 1, 2014, onwards.

Regarding land prices, the draft specifies 9 cases for applying the land price table according to the 2024 Land Law; clarifies 8 cases for simultaneously applying the land price table and land price adjustment coefficient, replacing the previous mechanism of only applying specific land prices; and adds new cases such as bidding for land-use projects and determining the value of land funds for BT contract payments.

At the meeting, leaders from many localities contributed opinions and proposed solutions to ensure the feasibility, fairness, and transparency of the policy.

Some delegates proposed improving the land valuation mechanism towards fairness, transparency, and realism, in order to resolve obstacles for BT projects and large-scale projects; clearly defining the types of land price adjustment coefficients to avoid overlapping applications; and applying valuation methods appropriate to each type of project, especially large projects and land reclamation projects.

Representatives from various ministries and agencies presented their opinions at the meeting.

Concluding the conference, Deputy Prime Minister Tran Hong Ha emphasized that the drafting of the Decree must closely adhere to the content of Resolution 254, ensuring greater clarity and transparency, but without exceeding the scope permitted by the National Assembly . The new regulations need to specifically define the authority and responsibilities of each agency; decentralization and delegation of power must go hand in hand with responsibility and consistency from beginning to end.

The Deputy Prime Minister requested the Ministry of Agriculture and Environment to coordinate with relevant ministries and agencies to continue reviewing and clarifying the regulations in the draft related to land bidding and auction, land acquisition agreements, extension of land use periods, and cases of unused land… ensuring that the policy, once issued, will truly be implemented in practice.

Source: https://baolamdong.vn/hoan-thien-nghi-dinh-thao-go-vuong-mac-thi-hanh-luat-dat-dai-414507.html