Decree born from listening

The 2013 Land Law was passed by the National Assembly and took effect from July 1, 2014. To implement the Land Law, the Ministry of Natural Resources and Environment, and the Ministries of Justice, Finance, and Agriculture and Rural Development have consulted on the development and submission to the Government for promulgation of 25 Decrees (including 16 newly issued Decrees, 7 amended and supplemented Decrees, and 2 replacement Decrees); the ministries and branches have issued 59 Circulars and Joint Circulars, of which the Ministry of Natural Resources and Environment has presided over the promulgation of 46 Circulars. The timely, synchronous and fairly complete promulgation of documents detailing the implementation of the Land Law has created favorable conditions for implementation, contributing to bringing the Land Law into life.

In the process of organizing the implementation of the Land Law, the Ministry of Natural Resources and Environment always listens to the opinions, feedback and recommendations of agencies, organizations, people and enterprises on the advantages and difficulties. The Ministry has directed units to coordinate with relevant agencies to study and propose to amend and supplement legal documents under its authority or submit to competent authorities to issue legal documents to promptly remove difficulties and obstacles of localities, people and enterprises in organizing the implementation of the Land Law.

Decree 10/2023/ND-CP contributes to promoting the development of the real estate market

For example, Decree 01/2017/ND-CP on amending and supplementing a number of decrees detailing the implementation of the Land Law has provided specific guidance on the time limit for granting Land Use Right Certificates - a content that people have often been concerned about for a long time, which has helped people more conveniently carry out administrative procedures on land in general and procedures for granting red books when transferring land use rights in particular; Decree 148/2020/ND-CP on amending and supplementing a number of decrees detailing the implementation of the Land Law has provided guidance on land allocation and land lease for small and narrow plots of land managed by the State, amending regulations on granting red books to transferees of land use rights in housing development projects; Decree 10/2023/ND-CP on amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law has provided clearer guidance on the case of online issuance of red books, regulations on the issuance of certificates for condotels; Circular No. 09/2021/TT-BTNMT dated June 30, 2021 on amending and supplementing a number of articles of the Circulars detailing and guiding the implementation of the Land Law has provided new guidance on a number of regulations on the issuance of red books, conversion of land use purposes... thereby fundamentally removing inadequacies and obstacles at the local level to free up resources, bringing land resources into socio-economic development.

At the meeting to deploy tasks for the last 6 months of 2023 of the land sector units of the Ministry of Natural Resources and Environment, the Department of Land Resources Planning and Development, the Department of Land Data Registration and Information set the goal of completing 100% of documents under the Program for developing legal documents to ensure the set progress; prioritize removing obstacles and shortcomings and linking with strengthening the dissemination, organization of law enforcement, promoting administrative procedure reform in the land sector, specifically: Continuing to coordinate with relevant agencies of the National Assembly to receive opinions of National Assembly deputies, complete the content of explanations, receive opinions of National Assembly deputies, the Draft Land Law to submit to the National Assembly for consideration and approval. At the same time, focus on completing documents detailing the implementation of the Law to submit to competent authorities for promulgation to ensure they take effect at the same time as the effective date of the Land Law (2 Decrees and Circulars under the promulgation authority of the Minister).

In addition, to resolve the issue of land valuation and carry out the assigned tasks, the Ministry has submitted to the Government a draft Decree amending and supplementing a number of articles of Decree No. 44/2014/ND-CP of the Government regulating land prices and drafted a Circular under its authority to amend Circular No. 36/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment detailing the method of land valuation; developing and adjusting the land price list; Specific land valuation and land price consultancy (expected to be issued immediately after the Government issues the Decree amending and supplementing a number of articles of Decree No. 44/2014/ND-CP) to continue to remove obstacles in land valuation and some arising obstacles based on the consistent viewpoint of the Ministry of Natural Resources and Environment is to put land resources into socio-economic development, reduce administrative procedures, create favorable conditions for agencies, organizations and individuals when implementing the provisions of land law.

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