Ensure consistency with other laws
Secretary General of the National Assembly , Head of the National Assembly Office Bui Van Cuong has just issued Document No. 2273 announcing the Conclusion of the National Assembly Standing Committee (NASC) on the draft Land Law (amended) revised on the basis of receiving and explaining the opinions of National Assembly deputies at the 4th session and the people's opinions.
Accordingly, the Standing Committee of the National Assembly requested the Government to have appropriate methods to respond to public opinions, ensuring publicity and transparency; publish and post the full text of the Synthesis Report and the Report on receiving and explaining public opinions on the Government's Electronic Information Portal and the Information Portal of the Ministry of Natural Resources and Environment for people to monitor; media agencies fully inform people about the content of receiving and explaining opinions and the content of revisions in the draft Law.
Regarding the contents of institutionalizing Resolution No. 18, continue to review to further improve the provisions in the draft Law to institutionalize the policy; clarify other legal documents, ensuring completeness and suitability with practical conditions.
The Standing Committee of the National Assembly gave opinions on the draft Land Law (amended) on the afternoon of May 11.
For the contents that have not been summarized or mentioned in Resolution No. 18, now that practice has arisen and requires a handling mechanism, the people have specific suggestions, the research and impact assessment process shows a reasonable basis, and the Government determines that it is necessary to supplement regulations, it is recommended that the Government Party Committee report to the competent authority for comments, as a basis for completing the draft Law before submitting it to the National Assembly.
If the contents have been summarized but have not reached consensus, there are still different opinions, are not mature enough, not clear enough in terms of theoretical and practical basis, and are not concluded in Resolution No. 18, it is proposed that they not be included in the draft Law.
For Laws promulgated before the effective date of the Land Law, the Standing Committee of the National Assembly proposes to continue reviewing. Any Law with contradictory or conflicting provisions should have specific provisions on the content of amendments, supplements, and repeals right in the draft Law, ensuring uniform effectiveness and feasibility;
Consider, do not stipulate on the application of law; have specific provisions for reference to the contents implemented according to other laws; comply with the principles of the Law on Promulgation of Legal Documents. Review, ensure consistency between the draft Law on Land (amended) and the draft laws being submitted to the National Assembly for consideration and comments;
In particular, note the draft Law on Housing (amended) (related to housing, commercial housing, social housing, etc.), the draft Law on Real Estate Business (amended) (related to the transfer of real estate projects, purchase and sale of houses by entities with real estate business lines, etc.), the draft Law on Bidding (amended) (related to bidding for projects using land, etc.).
Resolutely fight against negativity and "group interests"
Regarding the specific contents of the draft Law, it is proposed to fully absorb the opinions of the Standing Committee of the National Assembly, the review opinions of the Economic Committee, the Ethnic Council and other Committees of the National Assembly, focusing on:
Continue to review land recovery cases, especially land recovery cases for socio-economic development in the national and public interest, ensuring full institutionalization of Resolution No. 18 and compliance with the provisions of the 2013 Constitution.
Complete compensation, support and resettlement policies when the State acquires land, ensuring strictness and suitability with the characteristics of each region, not affecting the legitimate rights and interests of people whose land is acquired.
Review and complete regulations on conditions for land allocation and land lease with one-time and annual land rent payment; for land lease with annual land rent payment, there must be a mechanism to ensure that investors can calculate the land rent adjustment level as an important component of investment costs; regulate reasonably, ensuring harmony of interests between the State, people and investors and benefits for the economy.
Review and complete regulations on criteria and cases of auction, bidding, land allocation, land lease without auction, bidding, agreements on receiving land use rights, ensuring compliance with the spirit of Resolution No. 18, synchronization with investment laws and other laws related to land use.
Propose that the Government direct the completion of the draft Law dossier to officially submit to the National Assembly before May 24, 2023.
Clearly distinguish between cases where the State reclaims land and cases where land is used through the form of receiving transfers, leasing land use rights, and receiving capital contributions in the form of land use rights to implement investment projects; fully institutionalize Resolution No. 18 on continuing to implement the mechanism of self-negotiation between people and enterprises in transferring land use rights to implement urban projects, commercial housing, etc.
Review regulations on land finance and land prices, fully assess impacts, conduct thorough research, ensure feasibility, and take into account land costs as an important input cost of the economy.
Review and ensure consistency with regulations in relevant laws on state budget, taxes, prices, cases of exemption and reduction of land use fees and land rent. Review cases of exemption and reduction of land use fees, ensuring fairness and equality between groups of subjects and entities of all economic sectors.
Continue to research and perfect regulations on principles and methods of land valuation; application of land price lists; specific land prices; composition of the Valuation Council, ensuring expertise and independence between consulting, appraising and deciding agencies on land prices...
The Standing Committee of the National Assembly requested the Government to direct the completion of the draft Law dossier to officially submit to the National Assembly before May 24, 2023 , ensuring the required quality to send to the Economic Committee, the Ethnic Council and other Committees of the National Assembly to conduct verification, participate in the verification, and promptly submit to the National Assembly at the 5th session.
The Economic Committee presides over and coordinates with the Ethnic Council and the National Assembly Committees to complete the verification report to submit to the National Assembly.
National Assembly and Government agencies must enhance their sense of responsibility, promote dynamism, creativity, and proactiveness, and resolutely fight against negativity and “group interests” in law-making work, meeting the requirements of Resolution No. 27 of the 6th Conference of the Party Central Committee (13th Tenure) on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period .
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