Many types of land without proper documentation will be considered for the issuance of land ownership certificates.

The National Assembly recently passed and the President issued a decree promulgating the amended Land Law, ensuring the continuity, stability, and development of land law; amending and supplementing regulations that are not in line with reality; and perfecting the regulations for managing land according to its function as a resource, asset, and asset in terms of area, quality, and spatial use…

The amended Land Law, now in effect, helps to improve regulations for land management at the local level. (Photo: DANG ANH)

At its 5th extraordinary session, the National Assembly passed the amended Land Law, considered one of the top legislative tasks of the 15th National Assembly term. National Assembly Chairman Vuong Dinh Hue stated: The passage of the amended Land Law at this session, along with the amended Housing Law and the amended Real Estate Business Law at the 6th session, meets the requirement of comprehensively perfecting policies and laws on land management and use in accordance with the socialist-oriented market economy , so that land resources are managed, exploited, and used economically, sustainably, and with the highest efficiency.

Among the many important new provisions of interest to voters and the public, a notable one is the provision extending the period for 10 years during which families and individuals using land without proper documentation will be granted land use rights certificates.

The amended Land Law of 2023 has divided the groups eligible for land use right certificates from those with undocumented land into the following categories: households and individuals using land before December 18, 1980, now confirmed by the People's Committee of the commune where the land is located as having no disputes; households and individuals using land from December 18, 1980, to before October 15, 1993, now confirmed by the People's Committee of the commune where the land is located as having no disputes; and households and individuals using land from October 15, 1993, to before July 1, 2014, now confirmed by the People's Committee of the commune where the land is located as having no disputes.

All of the above groups must have their land certified by the People's Committee of the commune where the land is located as free from disputes, not violating land laws, not falling under cases of land allocation by unauthorized authority, conforming to land use planning, and depending on each group, there will be specific regulations regarding the issuance of land use right certificates.

Furthermore, households and individuals who are stably using land for agricultural purposes, and whose land use is confirmed by the People's Committee of the commune where the land is located as being free from disputes and conforming to the planning, will be granted a certificate of land use rights and ownership of assets attached to the land in the form of land allocation by the State without collecting land use fees for the area of ​​land currently in use, but not exceeding the limit of agricultural land allocation to individuals as prescribed.

In particular, the Land Law also specifically stipulates the cases in which the State recovers land for socio-economic development in the national and public interest to implement public works construction projects; it specifies the grounds and conditions for land recovery, the procedures for land recovery, etc., ensuring democracy, objectivity, fairness, transparency, timeliness, and compliance with the law.

Regarding compensation, support, and resettlement when the State reclaims land, the Land Law has concretized the principle of "Having housing, ensuring income and living conditions equal to or better than the old place of residence" through regulations on criteria for resettlement areas regarding technical infrastructure, social infrastructure, and location of resettlement.

Regarding regulations on land finance and land prices, the Land Law has removed the government's land price framework; it specifies the principles, basis, and methods for land valuation; it stipulates that land price tables are developed annually, with the first table to be published and applied from January 1, 2026, and adjusted, amended, and supplemented from January 1 of the following year; and it mandates the development of land price tables based on value zones and standard land parcels for areas with digital cadastral maps and land price databases.

The law also delegates the authority to determine specific land prices to the Chairman of the People's Committee at the district level; specifies four land valuation methods and the conditions for applying each method; assigns the Government to prescribe other land valuation methods after obtaining the approval of the Standing Committee of the National Assembly; and in cases where applying land valuation methods to determine specific land prices results in prices lower than those in the land price table, the prices in the land price table shall be used. The law also stipulates expanding the composition of the Land Valuation Council to ensure independence and objectivity in the valuation process.

Deputy Minister of Natural Resources and Environment Le Minh Ngan stated: To ensure the effective implementation of the Law's provisions, the Ministry of Natural Resources and Environment is coordinating with the Ministry of Justice, the Government Office, and relevant agencies to urgently submit to the Prime Minister a list and assign the lead agencies responsible for drafting detailed regulations for the implementation of the Land Law. A plan for implementing the law will be issued, identifying the work contents, completion deadlines, and responsibilities of relevant agencies and organizations in organizing the implementation and raising awareness of the Land Law, as well as the responsibilities of all levels, sectors, and localities in implementing the law; and developing and issuing, within its authority or submitting to the competent authority for issuance, detailed regulations for the assigned contents of the law.

In discussions with reporters regarding the implementation of the law, a major issue identified is the organization and drafting of detailed regulations guiding the implementation of the Land Law; accordingly, these regulations will cover matters within the authority of the Government, the Prime Minister, the Ministers, the Provincial People's Councils, and the Provincial People's Committees. After reviewing the points and articles in the law that delegate the authority to the Government to issue detailed regulations, nine decrees are projected.

For local authorities, there are 18 issues under the jurisdiction of the Provincial People's Committee that must be regulated in detail, and 1 issue under the jurisdiction of the Provincial People's Council. Besides issuing guiding documents for the implementation of the Law, another important issue is clearly defining the tasks assigned to ministries, sectors, and localities to review existing legal documents to ensure consistency and uniformity with the amended Land Law, including other laws related to land, to ensure consistency and uniformity.

In preparation for disseminating the basic contents of the Land Law and its implementing guidelines, the Ministry of Natural Resources and Environment has developed a plan for disseminating, publicizing, and guiding the implementation of the law. This involves coordinating with central agencies, ministries, and media outlets to ensure that those affected by the law and the general public are informed. This will facilitate the management and implementation process by state agencies, as well as by citizens and businesses.

The Ministry of Natural Resources and Environment proposed to the Government to focus resources on implementing state management contents such as building a land database, conducting basic land surveys and assessments, and maintaining the land information system. For localities, it is necessary to quickly organize the construction of local land databases, connecting them with the central land database, ensuring consistency, synchronization, and connectivity with other national databases…

Source: https://nhandan.vn/nhieu-loai-dat-khong-co-giay-to-se-duoc-xem-xet-cap-so-do-post797221.html

Source: https://baolangson.vn/chinh-tri/645819-nhieu-loai-dat-khong-co-giay-to-se-duoc-xem-xet-cap-so-do.html