The Land Law of 2013 was passed by the National Assembly and came into effect on July 1, 2014. In implementing the Land Law, the Ministry of Natural Resources and Environment, along with the Ministries of Justice, Finance, and Agriculture and Rural Development, advised on the drafting and submission to the Government of 25 Decrees (including 16 newly issued Decrees, 7 amending and supplementing Decrees, and 2 replacing existing Decrees); ministries and agencies issued 59 Circulars and Joint Circulars, of which the Ministry of Natural Resources and Environment spearheaded the issuance of 46 Circulars. The timely, coordinated, and fairly comprehensive issuance of detailed regulations for the implementation of the Land Law has facilitated its implementation and contributed to its effective application.
During the implementation of the Land Law, the Ministry of Natural Resources and Environment has always listened to feedback and suggestions from agencies, organizations, citizens, and businesses regarding the advantages and difficulties. The Ministry has directed its units to coordinate with relevant agencies to research and propose amendments and additions to legal documents under its authority, or to submit to competent authorities for promulgation legal documents to promptly address the difficulties and obstacles faced by localities, citizens, and businesses in implementing the Land Law.
For example, Decree 01/2017/ND-CP amending and supplementing several decrees detailing the implementation of the Land Law has provided specific guidance on the time frame for issuing land use right certificates – a long-standing issue that has caused public dissatisfaction. This has made it more convenient for people to carry out administrative procedures related to land in general and the procedures for issuing land use right certificates when transferring land use rights in particular. Decree 148/2020/ND-CP amending and supplementing several decrees detailing the implementation of the Land Law has provided guidance on land allocation and leasing for small, narrow plots of land managed by the State, and amended regulations on issuing land use right certificates to transferees of land use rights in housing development projects. Decree 10/2023/ND-CP amending and supplementing several articles of decrees guiding the implementation of the Land Law has provided clearer guidance on online land use right certificate issuance and regulations on issuing certificates for condotels. Circular No. 09/2021/TT-BTNMT dated June 30, 2021, amending and supplementing several articles of the Circulars detailing and guiding the implementation of the Land Law, has provided new guidance on some regulations regarding the issuance of land use certificates and land use conversion… thereby fundamentally resolving shortcomings and obstacles at the local level, aiming to free up resources and channel land resources into socio -economic development.
At the meeting to implement tasks for the last six months of 2023 of the land sector units of the Ministry of Natural Resources and Environment, the Land Department, the Department of Planning and Development of Land Resources, and the Department of Land Data and Information Registration set the goal of completing 100% of the documents under the Program for drafting legal documents, ensuring the set progress; prioritizing the removal of obstacles and inadequacies, and linking this with strengthening the dissemination and implementation of laws, and promoting administrative procedure reform in the land sector, specifically: Continuing to coordinate with relevant agencies of the National Assembly to receive feedback from National Assembly deputies, finalizing the explanatory content, incorporating feedback from National Assembly deputies, and submitting the Draft Land Law to the National Assembly for consideration and approval. At the same time, focusing on finalizing the detailed implementing regulations of the Law to submit to competent authorities for promulgation, ensuring they take effect simultaneously with the effective date of the Land Law (2 Decrees and Circulars under the authority of the Minister).
Furthermore, to address the issue of land valuation and fulfill its assigned tasks, the Ministry has submitted to the Government a draft Decree amending and supplementing several articles of Government Decree No. 44/2014/ND-CP on land prices, and has drafted a Circular within its authority to amend Circular No. 36/2014/TT-BTNMT dated June 30, 2014, of the Ministry of Natural Resources and Environment, which details the methods for land valuation; and the construction and adjustment of land price tables. Specific land valuation and land valuation consulting (expected to be issued immediately after the Government promulgates the Decree amending and supplementing a number of articles of Decree No. 44/2014/ND-CP) aims to further resolve obstacles in land valuation work and some arising difficulties, in line with the consistent viewpoint of the Ministry of Natural Resources and Environment: to put land resources into socio-economic development, reduce administrative procedures, and create favorable conditions for agencies, organizations, and individuals when implementing the provisions of land law.
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