The Land Law is a major law project, with special meaning and importance in the country's political, economic and social life, national defense, security and environmental protection; has a profound impact on all walks of life and the business community; At the same time, it is also a very difficult and complicated Law project.
There are hundreds of new contents in the (amended) Land Law, which can be summarized into 5 new groups of issues including: Regulations to better protect the rights and interests of land users; regulations on land access for people and businesses; regulations to improve land use efficiency; regulations on land finance and regulations to improve the effectiveness of State management of land use.
Accordingly, the Land Law 2024 specifically lists cases where the State recovers land, diverse compensation plans or detailed regulations on issuing red books for land without documents before July 1, 7...
Relax regulations on issuance of red books for land without documents
According to the provisions of the Land Law (amended), land of households and individuals without documents before July 1, 7, without disputes and without violating land laws, will be issued red books...
The law divides groups of cases of being granted red books with land without documents including: Firstly, households and individuals who used land before December 18, 12, are now certified by the People's Committee of the commune where the land is located to not have any documents. dispute. Second, households and individuals who used land from December 1980, 18 to before October 12, 1980, have now been certified by the commune-level People's Committee where the land is located to have no dispute. Third, households and individuals who used land from October 15, 10 to before July 1993, 15, have now been certified by the commune-level People's Committee where the land is located as having no disputes.
In the above cases, the specific regulations on issuing red books are implemented differently.
Innovate planning and land use plans
Regarding planning and land use plans, the provisions of the Land Law (amended) have been completed in the direction of innovating the process, content and methods of planning and land use plans. This includes enhancing publicity, transparency, and people's participation in land use planning through organizing consultations.
At the same time, the Law supplements and completes regulations on the exercise of land users' rights in planning areas. Accordingly, if land use planning has been announced but there is no district-level annual land use plan, land users can continue to use it and exercise their rights.
Innovations in regulations on planning and land use plans are expected to be the foundation for using land resources as input for the socio-economic development process, improving management effectiveness and efficiency. and land use, creating motivation for our country to become a developed country with high income as the Party and State's policy.
Specific regulations for land recovery cases
Regarding recovery, compensation and resettlement support, the amended Land Law specifically stipulates cases in which the State recovers land for socio-economic development for national and public benefits.
The projects that the State recovers in this case must be the following projects: Construction of public works; Construction of state agency headquarters, public works and other cases.
With 31 specific cases where the State recovered land for socio-economic development for national and public benefits, it was basically covered. In addition, the law also specifically stipulates the order and procedures for land recovery for socio-economic development for the national and public benefit with many new points, ensuring democracy, objectivity, fairness, publicly, transparently, promptly and in accordance with the law; for the common benefit of the community and for the sustainable, civilized and modern development of the community and locality...
The land price list is updated annually
The revised Land Law stipulates the issuance of annual land price lists to ensure that they closely follow actual market developments and expand the scope of application of land price lists.
The amended law also stipulates that the Provincial People's Committee is responsible for submitting to the People's Council a decision to adjust, amend and supplement the land price list to announce and apply from January 1 of the following year or to adjust, amend and supplement the land price list. during the year and assign the Government to make detailed regulations to ensure that the land price list will be updated in accordance with reality.
Cases of land allocation not through auction
Regarding land allocation, land lease, and permission to change land use purposes, the amended Land Law has specifically stipulated cases of land allocation not through auction or bidding and cases that must be through auction of rights. land use, bidding to select investors to implement projects using land, regulating cases of leasing land with one-time payment for the entire rental period in accordance with the spirit of Resolution No. 18 of the Central Government. .
The law specifically stipulates the conditions and authority to allow the change of land use purpose, which decentralizes the entire authority to approve the change of use purpose of rice cultivation land, protective forest land, special-use forest land, and land. Production forests are natural forests for the Provincial People's Council.
PV