New resolution implementing the Land Law: Paving the way for projects and protecting people's rights.

(Chinhphu.vn) - With its high approval rate, the Resolution on mechanisms to remove difficulties in the implementation of the Land Law is expected to resolve major difficulties in the process of organizing the implementation of the Land Law, creating conditions to accelerate the progress of projects and ensuring the rights of people and businesses in accordance with the law.

Minister of Agriculture and Environment Tran Duc Thang presented the Report on the acceptance, explanation, and draft Resolution.

On the morning of December 11th, the National Assembly voted on and passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law.

The electronic voting results showed that 428 out of 437 attending delegates voted in favor, representing 90.49% of the total National Assembly delegates. The resolution consists of 3 chapters and 13 articles and will take effect from January 1, 2026.

Earlier, based on the opinions of National Assembly deputies in committees and in the plenary session, Minister of Agriculture and Environment Tran Duc Thang presented a report on the acceptance, explanation, and revision of the draft Resolution, clarifying several major issues.

Minister Tran Duc Thang stated that, in cases where land is used for projects through agreements and more than 75% of the land area and more than 75% of the land users have been agreed upon, the provincial People's Council will consider revoking the remaining land area to allocate or lease it to the investor.

The government has added Clause 7 to Article 3 regarding compensation and resettlement support, stipulating that compensation for the remaining land area shall be applied as in cases where the State reclaims land.

If the total compensation and support amount per unit area of ​​land is lower than the agreed-upon average land price, the landowner whose land is being expropriated will receive the difference.

Regarding the timing of land price determination for land areas used as payment under BT contracts, the Government is refining the regulations to state that the time of land price determination is the time when the State decides to allocate or lease the land.

In cases where the State delays the allocation or lease of land, the investor is entitled to an additional amount equivalent to the average interest rate of state-owned commercial banks, calculated on the value of the BT project item or project.

The entitlement period is calculated from the time of final acceptance until the decision on land allocation or land lease is made. This regulation applies to BT contracts implemented from the date the Resolution takes effect (January 1, 2026).

The government also stated that the difficulties of BT contracts signed before the Resolution came into effect will be addressed in the Resolution on resolving difficulties of outstanding projects to ensure consistency.

Responding to the opinions of National Assembly deputies, the Government has revised and supplemented several contents in the draft Resolution, including: assigning the Government to regulate in detail the land acquisition process before approving compensation and resettlement support plans; land acquisition before completing resettlement arrangements; and adding a provision that in cases where land is leased through auction, the land user pays the land rent in a lump sum for the entire lease period. At the same time, the technical content, language, and presentation format of the document have been reviewed to ensure consistency.

Phuong Lien

Source: https://baochinhphu.vn/nghi-quyet-moi-thi-hanh-luat-dat-dai-mo-loi-cho-du-an-va-quyen-loi-nguoi-dan-102251211105310773.htm