Immediately after the Land Law (amended) was passed, National Assembly Chairman Vuong Dinh Hue requested that the Government allocate resources, immediately prepare conditions to ensure, promulgate and implement specific plans to quickly put the Law into practice. At the same time, promptly develop, promulgate according to authority and direct ministries and ministerial-level agencies to promulgate detailed regulations; guide the transition in accordance with regulations, ensuring the legitimate rights and interests of the State, people and enterprises.
Mr. Phan Duc Hieu - Standing Member of the National Assembly's Economic Committee said that the Land Law (amended) has many new contents; there are about 65 articles and clauses that the Government has to specify in detail. Therefore, the Government must issue a Decree guiding these articles and clauses. The most important thing is that the guidance content must be complete.
It can be seen that the amount of work needed to prepare until the Land Law takes effect on January 1, 2025 is very large. This means that the Government must issue a series of guiding documents to implement the law. According to the leader of the Ministry of Natural Resources and Environment, the Ministry has reviewed and developed a plan to submit to the Prime Minister to issue a plan to implement the 2024 Land Law. Accordingly, carefully reviewing the points and articles in the Law that the Government is assigned to issue detailed regulations, it is expected that there will be 9 Decrees and 6 Circulars. For local authorities, there are 18 contents under the authority of the Provincial People's Committee to specify in detail, and 1 content under the authority of the People's Council to issue. In addition, along with the issuance of documents guiding the implementation of the law, the task of assigning ministries, branches and localities to review current legal documents to ensure consistency and consistency with the Land Law (amended).
The Ministry of Natural Resources and Environment has completed four draft Decrees guiding the implementation of the Land Law (amended) and is preparing to collect comments from ministries and local sectors, including: Decree detailing the implementation of the Land Law; Decree of the Government regulating land prices; Decree of the Government regulating compensation, support and resettlement when the State recovers land; Decree regulating basic land survey; registration, issuance of certificates of land use rights, ownership of assets attached to land and land information system.
And the issue that has received much attention from society in recent times is land prices. Due to the lack of decrees for implementation, on February 5, 2024, the Government issued Decree No. 12 amending and supplementing a number of articles of Decree No. 44/2014 of the Government, to promptly complete regulations on land valuation methods, innovate specific land price determination procedures to ensure the unification of land resources, and at the same time guide localities to unify the implementation of the Provincial People's Committee's authorization to the District People's Committee to decide on specific land prices according to the provisions of the Law on Organization of Local Government, Resolution No. 73 of the Government dated May 6, 2023.
The draft Decree regulating land prices has been officially completed and is ready for comments. This draft Decree consists of 6 chapters and 44 articles. Of which, land valuation methods include 7 articles; Land price tables include 4 sections and 18 articles; Specific land valuation includes 9 articles; Land price consultancy includes 4 articles.
Specifically, regarding land valuation methods, it stipulates the selection of land valuation methods; information for applying land valuation methods, responsibilities of land valuation consultancy organizations when collecting information, responsibilities of units in providing information; regulations on procedures and contents of determining land prices according to the comparative method, income, surplus, land price adjustment coefficient; specific regulations on factors affecting land prices in the comparative method.
Regarding the land price list, it stipulates the basis, content of the construction, adjustment, amendment and supplementation of the land price list; the order and procedures for the construction, adjustment and supplementation of the annual land price list; the adjustment, amendment and supplementation of the land price list in the year of application of the land price list; the appraisal of the land price list, including the establishment of the Appraisal Council, the operating principles of the Appraisal Council, the responsibilities and powers of the Chairman of the Council, the members of the Council and the standing body of the Land Price List Appraisal Council.
For land price tables built according to land location, regulations on how to determine land location; investigate, survey, collect market land price information; build land prices in the land price table according to land location.
As for the land price table built on the basis of value zones and standard land plots: regulations on how to establish value zones; select standard land plots and determine the price of standard land plots; determine specific factors affecting land prices and establish a comparison ratio table; calculate, review, check, and correct the results of determining the price of specific land plots according to standard land plots.
Meanwhile, regarding specific land prices, it stipulates the basis, content, and procedures for determining specific land prices; stipulates the preparation of specific land valuation dossiers, selection of specific land valuation consulting organizations; and collection, synthesis, and analysis of information.
Regarding land valuation consultancy, it stipulates the principles of land valuation consultancy activities, conditions for individuals practicing land valuation consultancy, registration for land valuation consultancy practice and revocation of land valuation certificates.
Ms. Nguyen Thi Viet Nga (National Assembly Delegate of Hai Duong Group) said that according to the provisions of the Law on Promulgation of Legal Documents, when the draft law is submitted to the National Assembly, it should have been accompanied by documents guiding the implementation of the law. However, because the Land Law (amended) is quite large, related to many different laws, many ministries and branches, even before the law is passed, there are still many provisions that need to be amended.
According to Ms. Nga, starting from January 1, 2025, the Land Law (amended) will take effect, especially the law has many provisions that assign the Government to regulate in detail, including the issue of land prices, so by June 2024, the documents guiding the implementation of the law must be completed, because not all sub-law documents issued by the locality can be implemented immediately. Because localities still have to study these documents, then they can apply them.
“If the law is issued but there is no guiding document for implementation, the law will be waiting for a decree. This is an important law, and amending the law to remove bottlenecks for socio-economic development requires timely and complete guiding documents. If there is no guiding document, it will be difficult to remove bottlenecks. At that time, the efforts of the Government and the National Assembly in amending the law will not be most effective,” Ms. Nga said.
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