The 6th session of the 15th National Assembly discussed the draft Land Law (amended)

Friday, November 3, 2023 | 16:33:32

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Continuing the working program of the 6th Session, on November 3, at the National Assembly House, the National Assembly discussed in the hall a number of contents with different opinions of the draft Land Law (amended).

Delegate Nguyen Van Huy, National Assembly Delegation of the province, spoke at the discussion.

Speaking at the meeting, Vice Chairman of the National Assembly Nguyen Duc Hai stated that the Land Law (amended) is a massive, difficult, and complicated law project, an important legislative task of the entire term. The law amendment mobilizes the participation of the entire political system and all classes of people. The provisions of the law have a profound impact on all aspects of economic and social life, the rights and interests of the people. The quality of the law project must be put first, requiring careful and careful research on a scientific and practical basis. Through two sessions, the Government and the National Assembly agencies have made great efforts, the draft law has been gradually completed, many important contents have been institutionalized, however, many important policies have not yet been designed with optimal solutions, many contents still have different opinions, there are no conditions to carefully review the contents that need transitional conditions, the review and completion require time, caution and thoroughness.

The Vice Chairman of the National Assembly requested that National Assembly deputies frankly and responsibly give their opinions to perfect the draft law, evaluate the quality of the draft law and express their opinions; focus on giving opinions on key issues in the report, especially the contents with many different opinions, the contents of the draft law are being designed according to 2 options.

Speaking at the discussion on the regulation on individuals not directly involved in agricultural production receiving the transfer of rice-growing land as stipulated in Clause 7, Article 45 of the draft law, delegate Nguyen Van Huy, National Assembly Delegation of Thai Binh province proposed to choose option 3: Individuals not directly involved in agricultural production receiving the transfer of rice-growing land exceeding the limit as stipulated in Clause 1, Article 177 of this law must establish an economic organization and have a plan to use rice-growing land as prescribed; the delegate said that this option would harmonize both factors, ensuring control to avoid taking advantage of the policy of speculating on agricultural land, while still encouraging and creating favorable conditions for agricultural production activities, creating a basis for large-scale agricultural production according to the policy in Resolution 18 of the Central Executive Committee. Regarding the regulation on economic organizations being allowed to receive the transfer of agricultural land use rights, delegates proposed to remove the condition of having an agricultural land use plan approved by the provincial People's Committee and proposed to amend it to "must have an investment project appraised by a competent state agency according to the provisions of the law on investment"; clearly stipulate that this procedure is carried out at the same time as the procedure for approving the investment project policy;...

Delegate Nguyen Thi Thu Dung, National Assembly Delegation of Thai Binh province, contributed comments on Point c, Clause 1, Article 28 of the draft Land Law (amended) which stipulates that economic organizations with foreign investment capital are only allowed to lease land from the State to implement investment projects and the State must reclaim land for lease, but some projects have operational objectives that are not subject to land reclamation for socio-economic development as stipulated in Article 62 of the current Land Law and Article 79 of the draft law. Therefore, local authorities have no basis to reclaim land to lease to economic organizations with foreign investment capital; at the same time, economic organizations with foreign investment capital are not allowed to directly negotiate compensation with people to clear the land for project implementation, leading to project deadlock, as well as creating inconsistency in policy and law enforcement. Therefore, it is recommended to choose option 2: Economic organizations with foreign investment capital, people of Vietnamese origin residing abroad are entitled to receive the right to transfer, the right to use land in industrial parks, industrial clusters, high-tech zones or within the scope of projects approved by the National Assembly and the Prime Minister for investment policy decisions according to the provisions of the law on investment. In addition, it is necessary to amend the scope of the project not only of the National Assembly and the Prime Minister, but also of the provincial People's Committee that has decided on the investment policy. In Clause 2, Article 24 of the draft law, the delegates did not choose any option, but proposed the option of excluding the right to sell the mortgage rights of assets attached to leased land and the right to lease in the lease contract, but are entitled to contribute capital with assets attached to land on leased land which are assets created by public service units and are entitled to lease, the right to lease in the case of projects using land, contributing to and improving the quality of public service provision of public service units that have been approved by competent authorities.

Vu Son Tung

(Office of the National Assembly Delegation and Provincial People's Council)

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