Consulting on draft Decree detailing the implementation of the Land Law

On the morning of June 11, comrade Tran Hong Ha, member of the Party Central Committee, Deputy Prime Minister chaired an online conference with provinces and cities to collect opinions on the Draft Decree of the Government regulating: Compensation, support, resettlement when the State recovers land; Detailed regulations on a number of articles of the Land Law.

Comrade Pham Quang Ngoc, Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee chaired the conference at Ninh Binh bridge.

At Ninh Binh bridge, comrade Pham Quang Ngoc, Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee attended and chaired the conference. Also attending were comrade Nguyen Cao Son, member of the Provincial Party Committee, Vice Chairman of the Provincial People's Committee; leaders of a number of departments, branches, districts and cities.

The draft Decree of the Government regulating compensation, support and resettlement when the State recovers land includes: General contents and detailed contents on compensation, support and resettlement for each organization, household and individual; compensation by land with a different purpose than the recovered land or by housing; other cases of land compensation and conditions for land compensation.

Applicable subjects include: subjects supported to stabilize their lives; subjects supported to train, change careers and find jobs; resettlement arrangements for people who voluntarily donate or give the State the right to use land to implement transportation, irrigation, technical infrastructure, social infrastructure projects...

After studying the draft Decree regulating compensation, support and resettlement when the State recovers land and the draft Regulations detailing the implementation of a number of articles of the Land Law, based on the actual situation in the locality, Ninh Binh province also had written comments on a number of contents such as: Requesting the Law drafting agency to consider Clause 1, Article 4 to ensure consistency in land price management; It is necessary to clearly stipulate cases of applying the calculation of the current value of damaged houses and construction works; Clearly stipulate areas with difficult socio-economic conditions and areas with especially difficult socio-economic conditions determined according to regulations on ethnic minority and mountainous areas according to the Prime Minister's Decision or according to regulations of the law on investment?

Clarify the viewpoint on land for other medical facilities and land for other educational and training facilities that are allowed to operate because it is related to determining cases of land recovery according to Article 79 of the 2024 Land Law; There should be more specific regulations to ensure the implementation of the authority to grant land use right certificates according to the provisions of Article 136 of the 2024 Land Law; The Decree also needs to clearly stipulate that the area of land types determined according to provincial needs and the area of land types determined according to district needs must not exceed the total land use quota of the main land groups that have been allocated. At this time, the 2024 Land Law has not yet come into effect, so for provinces whose Provincial Planning has been approved but the 5-year provincial land use plan has not been approved, how should it be implemented? Please provide specific regulations for provinces to implement?...

At the conference, delegates gave their opinions on general and detailed contents on compensation, support, and resettlement for each organization, household, and individual; and detailed regulations on a number of articles of the Land Law.

Accordingly, land compensation is carried out by allocating land with the same purpose of use as the recovered land. In case there is no land for compensation, compensation will be made in cash according to the specific land price of the recovered land type decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan. In case the person whose land is recovered is compensated by land or housing but has a need for compensation in cash, he/she will be compensated in cash according to the wishes registered when preparing the compensation, support and resettlement plan.

The State is responsible for supporting people whose land is recovered and property owners to create conditions for people whose land is recovered and property owners to have jobs, have income, stabilize their lives and produce. Resettlement areas must complete conditions of technical infrastructure and synchronous social infrastructure according to detailed planning approved by competent authorities; at the same time, they must be consistent with the cultural traditions, customs and practices of the residential community where the land is recovered. Resettlement areas can be arranged for one or more projects...

Speaking at the conference, Deputy Prime Minister Tran Hong Ha stated: The 2024 Land Law has many new and breakthrough policies and guidelines. The common desire of localities, the business community and the people is to soon put the Land Law into practice. Regulations on compensation, support and resettlement when the State reclaims land are important policies to ensure fairness and social security. People can participate and benefit in the development process, harmonizing the interests of all parties when implementing the project.

The Deputy Prime Minister also requested that the drafting agency synthesize and finalize the opinions raised by the ministries and branches to seek opinions from all levels and branches for consideration. The opinions should be in-depth, ensuring that when implemented, they are suitable to the actual conditions in the localities and ensure the rights of the people. Based on the opinions of the branches and localities, the Drafting Committee of the Ministry of Natural Resources and Environment synthesizes the opinions to submit to the competent authorities for consideration.

*On the afternoon of June 11, Deputy Prime Minister Tran Hong Ha chaired an online conference with localities to contribute opinions to the Government's Draft Decree regulating land prices; Draft Decree regulating land use fees and land rents.

Attending the conference at Ninh Binh bridge point were comrade Tran Song Tung, member of the Provincial Party Standing Committee, Vice Chairman of the Provincial People's Committee; leaders of departments, branches, districts and cities.

The draft Decree regulating land prices has 6 chapters and 39 articles, including regulations on land valuation methods in Article 158; development, adjustment, amendment and supplementation of land price tables prescribed in Article 159; specific land valuation prescribed in Article 160; conditions for practicing land valuation consultancy prescribed in Point b, Clause 3, Article 162; application of land valuation methods in transitional cases prescribed in Clause 2, Article 257 of the Land Law. The Decree stipulates that the subjects of application are agencies performing the function of State management of land; agencies with the function of developing, adjusting, amending, supplementing, appraising and deciding on land price tables; agencies and individuals with the authority to determine, appraise and decide on specific land prices; land valuation consultancy organizations, individuals practicing land valuation consultancy; other relevant organizations and individuals.

The Draft Decree regulating land use fees and land rents consists of 5 chapters and 54 articles, stipulating many contents such as: scope of regulation, applicable subjects; regulations on calculation, collection and payment of land use fees; regulations on calculation, collection and payment of land rents; regulations on responsibilities of agencies and land users; regulations on implementation provisions.

At the conference, leaders of ministries, branches, localities, associations and enterprises focused on discussing and giving opinions on a number of contents with different opinions in the draft of these Decrees.

Speaking at the conference, Deputy Prime Minister Tran Hong Ha emphasized that the development of the Decree regulating land prices, the Decree regulating land use fees and land rents are important contents directly related to many subjects, especially people and businesses.

Therefore, the Deputy Prime Minister assigned the Ministry of Natural Resources and Environment to review, seriously absorb and fully synthesize the opinions of the delegates at the conference; edit to ensure details, completeness, synchronization and consistency with the 2024 Land Law, as well as the system of other relevant legal documents; at the same time ensure the inheritance, stability and development of the land law system; closely coordinate with relevant ministries, branches, units and localities to complete the Decree to submit to the Government.

Nguyen Thom-Anh Tuan