In order to effectively apply the land price list as prescribed in Clause 1, Article 257 of the 2024 Land Law, all levels, sectors and localities need to focus on directing the completion of documents under their authority; at the same time, promote training, propaganda, and dissemination widely, regularly and continuously to all levels, sectors, people and businesses to create consensus and unity in awareness and implementation...
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| With the majority of delegates in favor, at the 5th extraordinary session, the 15th National Assembly passed the Land Law (amended). |
Localities need to adjust land price list soon
With the determination to soon put the 2024 Land Law into practice from August 1, 2024, the Prime Minister has resolutely directed the Ministry of Natural Resources and Environment , relevant ministries, branches and localities to promptly issue documents guiding the implementation and prepare necessary conditions. After more than a month of implementation, the initial results show that the Land Law and its guiding documents have basically met the requirements for innovation, perfecting institutions and policies, improving the effectiveness and efficiency of land management and use, creating momentum to turn our country into a high-income developed country in the spirit of Resolution No. 18-NQ/TW.
However, it can be seen that some localities are still slow in developing and issuing documents under their authority and preparing conditions for implementation, including problems related to adjusting land price lists according to regulations in Clause 1, Article 257 of the 2024 Land Law...
According to regulations, Clause 1, Article 257 of the 2024 Land Law on the transitional use of land price lists stipulates: "The land price list issued by the provincial People's Committee in accordance with the provisions of the Land Law No. 45/2013/QH13 shall continue to be applied until December 31, 2025; if necessary, the provincial People's Committee shall decide to adjust the land price list in accordance with the provisions of this law to suit the actual situation of land prices in the locality". This provision aims to ensure the inheritance of the provisions of the 2013 Land Law, in accordance with market principles, avoid budget losses, ensure fairness in the implementation of rights and obligations of land users, and at the same time provide a transition period for localities to have a roadmap to prepare for the issuance of land price lists in accordance with the provisions of Article 159 of the 2024 Land Law.
Therefore, reviewing and adjusting the land price list is necessary, an opportunity and a condition for localities to narrow the gap between land prices in the current land price list and the actual land price level in the locality. At the same time, step by step to build a land price list according to the 2024 Land Law to apply from January 1, 2026, avoiding sudden price shocks in the land price list affecting the rights and obligations of land users, leading to reactions from people and businesses.
Adjusting land price lists is a regular task of the provincial People's Committees, which has been stipulated throughout the 2013 Land Law up to now, and many localities have implemented this regulation very well. Therefore, for localities that have adjusted land price lists in accordance with the provisions of the 2013 Land Law, ensuring that land prices in the land price lists are close to the actual ground level in the locality, the application of Clause 1, Article 257 of the 2024 Land Law will not cause any problems and will not affect the implementation of financial obligations of land users.
In fact, for provinces and cities that have not made timely adjustments, the land prices in the land price list have a large difference compared to the actual level in that locality. For localities that have not made timely adjustments, the land prices in the land price list have a large difference compared to the actual level in that locality, leading to difficulties in implementing the 2024 Land Law. However, both cases of not promptly adjusting the land price list or adjusting the land price list to increase at a sudden high level have led to mixed reactions, lack of consensus in public opinion, and potential risks of exploitation for profiteering, causing market disruption, affecting socio -economic development, affecting the investment and business environment, etc.
Set up a working group to propose solutions to difficulties and problems.
It can be seen that the above situation occurs due to a number of main reasons as follows: Firstly, the current land price list is built and issued according to the provisions of the 2013 Land Law and the guiding documents for implementation are controlled by the Government's land price framework (which has been removed in the 2024 Land Law), especially during the implementation of the land price list, some localities have not promptly monitored the common land price fluctuations in the market to adjust the land price list to suit the actual situation in the locality, so the land price in the land price list in some localities is much lower than the actual land price in the locality.
Second, it is necessary to adjust the land price list according to Clause 1, Article 257 of the 2024 Land Law, ensuring a transitional roadmap for applying land prices locally. However, when developing the land price list, if the advisory agency has not conducted a comprehensive and complete survey and assessed the impacts, and has not had a roadmap suitable for the actual conditions in the locality when drafting the adjusted land price list, there will be a huge difference compared to the current land price list.
In light of the above reality, the Prime Minister has issued Official Dispatches No. 79/CD-TTg on the effective implementation of the Land Law, Housing Law, and Real Estate Business Law; Official Dispatch No. 82/CD-TTg on the timely rectification of land use rights auctions to direct ministries, branches, and localities to promptly organize the implementation of the 2024 Land Law and handle any shortcomings and problems arising during the implementation process. On the side of the Ministry of Natural Resources and Environment, Official Dispatch No. 5317/BTNMT-QHPTTND requested the People's Committees of provinces and cities to urgently complete the development and promulgation of regulations on land prices under their authority according to regulations and Official Dispatch No. 5774/BTNMT-QHPTTND guiding localities when applying land prices in the land price list for land management work to review and evaluate to decide to adjust the land price list applicable until December 31, 2025 to suit the actual land price situation in the locality.
At the recent national conference to disseminate the provisions of the decrees detailing the implementation of the 2024 Land Law, the Ministry of Natural Resources and Environment said it would establish a working group to receive feedback and recommendations from localities to promptly guide and handle difficulties and problems from the beginning.
It can be seen that the implementation of the 2024 Land Law and its guiding documents with strong and thorough decentralization and many new points will inevitably encounter some difficulties, obstacles and confusion in localities in the beginning. Therefore, localities need to focus on directing the completion of documents under their authority, while promoting training, propaganda, and dissemination widely, regularly and continuously to all levels, sectors, people and businesses to create consensus and unity in awareness and implementation in accordance with the Prime Minister's direction.
Regarding implementation, it is necessary to adjust the land price list to suit the actual situation of local land prices as prescribed in Clause 1, Article 257 of the 2024 Land Law. During the implementation process, it is necessary to analyze and evaluate the results of implementing the current land price list, consider the land prices in the land price list compared to the local land price level; assess the impact of the draft land price list on the applicable subjects, have a suitable roadmap, appropriate increase levels for each area, location, land type, organize to collect opinions from relevant agencies, organizations and individuals to synthesize, absorb, and fully explain, limit the large difference in financial obligations that land users must fulfill, ensure the consensus of the appraisal agency and the affected subjects, limit negative reactions and lack of consensus in society.
The development of regulations on land price tables in the 2024 Land Law and documents guiding its implementation has closely followed the Party's guiding viewpoints in Resolution No. 18-NQ/TW, and at the same time, based on the assessment and summary of the implementation of the 2013 Land Law and documents guiding its implementation, the limitations pointed out and supplemented and perfected to ensure consistency, meet practical requirements in the direction of administrative procedure reform, harmonize interests between the State, people and businesses...
Therefore, focusing on the implementation stage, it is necessary to be persistent, consistent, and unified in the viewpoint of direction and implementation. Adjustments and supplements immediately after the policy has been issued need to carefully consider the stability of the legal system, avoiding unwanted impacts on socio-economic development, people's lives, public opinion at home and abroad, the investment and business environment, etc.
(According to nhandan.com.vn)
Source: http://baolamdong.vn/kinh-te/202409/tao-dong-thuan-trong-nhan-thuc-va-thuc-hien-bang-gia-dat-1f8045f/
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