Amend the Land Law to pave the way for national development.

The Politburo has just requested an urgent review of the implementation of Resolution 18-NQ/TW, proposing fundamental amendments to land policies, and submitting them to the 3rd Central Committee meeting for consideration.

This is a particularly significant move, as land is not only an area that impacts all aspects of socio -economic life, but also because the new law has only recently been implemented.

At first glance, the amendment of the Land Law might lead many to think: Perhaps the law needs amending before it has even taken effect? ​​However, if we consider this issue within the overall context of the country's development needs, the spirit of Central Resolution 18, the practical implementation of the 2024 Land Law, and the context of a streamlined and more decentralized national governance apparatus, then addressing the amendment of the law at this time is a strategic choice.

Amending the Land Law is like amending one of the biggest "pivots" of the economy.

Resolution 18-NQ/TW dated June 16, 2022, of the 13th Central Committee clearly states: continuing to innovate and improve institutions and policies, enhancing the effectiveness and efficiency of land management and use, "creating momentum to make our country a developed country with high income." The Central Committee does not view land simply from an administrative management perspective, but places land in the position of a strategic development resource for the country.

It is noteworthy that as early as 2022, Resolution 18 directly addressed the major shortcomings in land management and use. These included: the decentralization and delegation of power in land management and use being "unreasonable and not coupled with inspection, supervision, and control"; the resolution of land disputes, complaints, and denunciations in some areas being "not timely or decisive"; the organizational system and state management apparatus for land being "not in line with practical requirements"; and many remaining problems and obstacles in handling land issues.

Resolution 18 also sets very clear goals for 2030: the legal system regarding land must be perfected; land resources must be managed, exploited, and used economically and efficiently; wasteful land use, pollution, degradation, and existing problems and obstacles in land management and use left over from history must be overcome.

Resolution 18 sets a target that by 2030, land resources must be managed, exploited, and used economically and efficiently. Photo: Nguyen Hue

In particular, the resolution calls for streamlining the land management organizational structure to be more efficient and effective; and for promoting decentralization and delegation of power while simultaneously strengthening inspection, supervision, and control of power.

Therefore, this amendment to the Land Law is essentially the next step in Resolution 18. It's not about enacting a new law, but rather continuing to adjust the existing law to better reflect reality and meet new development requirements.

The 2024 Land Law is a major step forward, but practice has revealed new "bottlenecks".

Undeniably, the 2024 Land Law represents a major reform compared to the 2013 Land Law, amending many important issues such as the mechanism for determining land prices, compensation, support, resettlement, expanding the scope of land use rights, adjusting regulations on land acquisition, supplementing regulations on land information systems and databases, and further perfecting the legal framework for the land use rights market. Many new regulations are considered more progressive, closer to reality, and more transparent.

However, after nearly two years of implementation, the National Assembly and the Government have had to issue more than 26 documents to amend, supplement, guide implementation, and resolve difficulties and obstacles. That number alone shows that simply having a law is not enough.

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A major law that has just come into effect has had to rely on dozens of "remedial" documents, suggesting two possibilities. Firstly, practical implementation is happening faster than anticipated by the lawmaking body. Secondly, some provisions in the law are still framework-based, lacking maturity, or not clear enough to be immediately applied in real life. Regardless of the possibility, if we want land to truly become a resource for development, we cannot allow the legal system to continue operating in a situation where the law says one thing and the decrees "patch" it up in another.

Why is it necessary to amend the Land Law quickly?

The biggest reason is that the country's current development requirements are vastly different from those of the past. The economy is entering a phase that demands higher growth rates, better quality, and more efficient resource mobilization and allocation. Therefore, land can no longer continue to be a "request-and-grant" system with multiple layers of bureaucracy, high procedural costs, and significant legal risks.

According to the proposal, one of the two major groups of content in this revision is the group of contents that meet the requirements of national development in the new era and the requirement of double-digit economic growth.

The second group of contents is decentralization and delegation of power according to the two-tiered local government model, linked to administrative reform in the field of land.

In other words, this revision of the Land Law is not just about addressing existing problems, but also about making the law compatible with the new governance model.

Looking at the proposed amendments, it's clear that almost all of the biggest "bottlenecks" in the land sector have been addressed.

These are issues related to land prices, land price tables, and land price adjustment coefficients. A land price mechanism lacking transparency will create losses, speculation, and injustice, but a land price mechanism that is too rigid, highly volatile, or lacks predictability can also paralyze investment activities.

Secondly, there is the issue of land acquisition, compensation, support, and resettlement. If the problem of realistic compensation, resettlement, and reasonable livelihood support cannot be solved, social consensus cannot be achieved. However, if land acquisition procedures continue to be lengthy, overlapping, and lack mechanisms for handling special cases, both public and private investment will be hampered.

Another crucial aspect is land use planning; land allocation, land leasing, land-use conversion; land subdivision and consolidation; and regulations governing the use of certain land types. If even one link in this chain is disrupted, the entire project can be stalled for years.

In addition, the draft also proposes amendments to regulations on land registration, issuance of land certificates, land information systems, dispute resolution, along with some sensitive issues such as the rights and obligations of rice land users; handling of land law violations before July 1, 2014; and compensation in special cases.

It's not just about "adding or removing things," but about changing management thinking.

Viewing the amendment of the Land Law merely as a technical adjustment of a few provisions will hardly bring about real change. What needs to be reformed more deeply lies in the mindset regarding land governance.

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We must shift from a mindset that views land as merely an object of administrative management, heavily focused on procedural control, fragmented authority, and prolonged processes for the "safety" of public agencies, to one that considers land as both a special public asset and a resource for development. The law must simultaneously ensure three requirements: strict management, transparent allocation, and efficient exploitation.

Strict management is necessary to combat losses, vested interests, corruption, and protect public interests. Transparent allocation allows citizens and businesses to anticipate their rights and obligations, reducing the room for favoritism and corruption. Efficient exploitation ensures that land is not "stuck" in bureaucratic procedures, left idle due to suspended planning, or frozen in disputes and backlogs.

Resolution 18 essentially outlined that spirit by calling for increased decentralization and delegation of power, but accompanied by mechanisms for checking, supervising, and controlling power; strengthening digital transformation and building a unified land database; definitively resolving historical issues; resolving disputes and complaints at the grassroots level; and tightening discipline and order, preventing corruption and negative practices in the land sector.

For a newly developing country like Vietnam, land issues cannot be a barrier that discourages investors, makes citizens hesitant about procedures, discourages officials from making decisions, and hinders project implementation. If land continues to be a breeding ground for conflict and informal costs, then all goals of rapid growth, infrastructure development, agricultural modernization, urban development, etc., will be stalled.

Therefore, amending the Land Law at this time is not simply a response to the difficulties that have arisen after nearly two years of implementing the new law, but a necessary step to perfect the institutional framework in accordance with the spirit of Resolution 18-NQ/TW, while adjusting the law to suit the new governance model and the new development requirements of the country.

Source: https://vietnamnet.vn/sua-luat-dat-dai-de-mo-loi-cho-dat-nuoc-phat-trien-2530407.html