Amending the 2024 Land Law is essential.

According to the Report on the initial preparations for the Second Session of the 16th National Assembly, presented at the recent Second Session of the National Assembly Standing Committee, there are two items not included in the 2026 legislative program but needing to be submitted to the National Assembly at the Second Session: amendments and additions to the Law on the Promulgation of Legal Normative Documents and the draft Law on Land (amended).

The draft Land Law (amended) is expected to amend approximately 65 articles of the 2024 Land Law, focusing on two major groups of content. The first group includes provisions to meet the country's development requirements in the new era and the need for double-digit economic growth. Accordingly, the Ministry of Natural Resources and Environment proposes amending and supplementing several articles to include regulations on mechanisms and policies to address difficulties and obstacles in the implementation of the Land Law by codifying provisions in National Assembly resolutions and Government decrees and resolutions such as land prices and price tables; land price adjustment coefficients; land use fees and land lease fees; land acquisition, compensation, support, and resettlement.

The draft also proposes adjustments to registration and certification; land use planning and allocation; land leasing; permission for land use conversion; selection of land lease forms; land subdivision and consolidation. It also amends and supplements regulations on land use planning and plans at the commune level; rights and obligations of rice land users; compensation in special cases; and land use regimes for certain land types…

The second group of regulations concerns decentralization, delegation of power, and delineation of authority according to the two-tiered local government model, and administrative reform in the land sector. Specifically, the Ministry of Natural Resources and Environment proposes amending and supplementing regulations on the authority to implement state management of land to conform with the two-tiered local government model. It also proposes amending and supplementing regulations on administrative procedures related to the provincial level and reviewing them to ensure consistency and uniformity within the legal system with other laws and resolutions.

To date, the 2024 Land Law has been in effect for less than two years, but many shortcomings have already arisen in practice, requiring adjustments. Most notably, the implementation of a two-tiered local government model from July 1, 2025, is hampered by the current Land Law's provision for a three-tiered land use planning system: national, provincial, and district. This has led to overlapping and inconsistencies with other sectors after the elimination of district-level government.

To elaborate further, the Ministry of Agriculture and Environment stated that, in addition to being incompatible with the two-tiered local government model, land use planning and sectoral planning involving land use are also inconsistent and lacking uniformity. Furthermore, public investment projects or important projects of an urgent and specific nature serving political and foreign affairs objectives are either absent from or inconsistent with the planning. The current land valuation method is also complex and heavily reliant on independent consultants, while state agencies are both responsible for appraisal and bear legal responsibility. Therefore, amending the 2024 Land Law is essential.

Looking at it from a more specific perspective, a National Assembly representative noted that although the 2024 Land Law has introduced many innovations and contributed significantly to socio-economic development, in reality, there are still many obstacles, especially at the local level, where implementation is directly carried out. For example, there are difficulties regarding land valuation, land acquisition, and compensation. These obstacles are not merely technical but also involve implementation. Annual land price lists are established to closely reflect market prices as required by law, but when applied to compensation, people believe they are still lower than actual transaction prices. However, if prices are based solely on market value, the budget will be difficult to balance and complaints about transparency are likely to arise. The gap between the official price list and market prices is creating a difficult situation for both the government and those whose land is acquired...

Thus, it can be seen that, in the current context, amending the 2024 Land Law is an urgent requirement to remove bottlenecks and shortcomings arising during its implementation. More importantly, the amendment will contribute to a shift in mindset from management to service of development, from control to creation. Only then will land truly become an important resource contributing to achieving rapid and sustainable growth.

Source: https://daibieunhandan.vn/sua-doi-luat-dat-dai-2024-la-rat-can-thiet-10417122.html