Increase opportunities to access land according to market principles
With the goal of perfecting institutions and land policies; Resolve overlaps and conflicts in land-related policies and laws; Ensuring harmony of the rights and interests of the State, land users and investors, promoting the commercialization of land use rights, developing a transparent and healthy real estate market, the Land Law 2024 has supplemented Supplement many regulations related to the rights and obligations of land users.
Deputy Minister of Natural Resources and Environment Le Minh Ngan said that the law has perfected the rights of Vietnamese people residing abroad in the direction that Vietnamese people residing abroad with Vietnamese nationality are Vietnamese citizens. have full rights related to land like Vietnamese citizens in the country (domestic individuals).
The Land Law has 95 articles assigned to the Government to stipulate in detail. According to Decision No. 222/QD-TTg dated March 5.3.2024, 6 of the Prime Minister assigning the prime responsibility for drafting documents detailing the implementation of the Land Law, the Ministry of Natural Resources and Environment presides and coordinates with other agencies. Relevant ministries and branches prepare the content of 2 draft Decree. The Ministry of Finance presides over and coordinates with relevant ministries and branches to prepare the content of XNUMX draft decrees, including: Decree regulating the collection of land use fees and land rent; The Decree regulates land development funds. The Ministry of Agriculture and Rural Development presides and coordinates with relevant ministries and branches to prepare the content of the draft Decree detailing rice land. The Ministry of Labor, War Invalids and Social Affairs presides and coordinates with relevant ministries and branches to prepare the content of the Prime Minister's Decision on mechanisms and policies to create jobs and vocational training for skilled people. reclaimed land.
Currently, agencies are urgently developing in accordance with the order prescribed by the Law on Promulgation of Legal Documents to promulgate according to their authority or submit to competent authorities for promulgation to take effect at the same time as the date of issuance. Take effect of the Land Law (especially for the Decree on sea reclamation activities that will be submitted in March 3.2024 according to simplified procedures to take effect from April 1.4.2024, 2024). It can be seen that the system of documents guiding the implementation of the Land Law XNUMX is extremely massive, requiring the contributions of many ministries, branches and localities to ensure the quality and progress of the assigned promulgation time.
Deputy Minister of Natural Resources and Environment Le Minh Ngan
Along with that, the law also adds the right to choose the form of land rental payment. Accordingly, land users who are being leased land by the State with annual land rent but are in the case of being leased land by the State with one-time land rent for the entire lease period according to the provisions of this law can choose Switch to land lease with one-time land rental payment for the remaining land lease period. In cases where the State is leasing land with one-time land rent collection for the entire lease period, you can choose to switch to land lease with annual land rent collection.
The law also stipulates that economic organizations that are leased land by the State with annual land rental payments have the right to sell their owned assets attached to the land and the right to rent in the land lease contract when the assets are attached to the land. adjacent to leased land that is legally created and registered according to the provisions of law; has completed the construction in accordance with the detailed construction planning and the investment project has been approved, accepted and has advanced compensation, support and resettlement money that has not been fully deducted from the land rent. submit.
One of the notable new points is that the law has added regulations that individuals who do not directly engage in agricultural production can receive transfer of rice land use rights within the land allocation limit. In case of exceeding the limit, an organization must be established. Economic organizations must have a plan to use rice land and must be approved by the district People's Committee. Individuals using agricultural land may exchange agricultural land use rights in the same provincial administrative unit to other individuals and do not have to pay income tax from the conversion of land use rights and registration fees. Economic organizations receiving transfer of agricultural land use rights must have an agricultural land use plan approved by the district-level People's Committee.
Emphasizing the new points of the Land Law 2024, including new regulations on agricultural land, Standing Member of the Economic Committee Phan Duc Hieu said that the changes in the law increase opportunities to access investment. Invest according to market principles. "The most important thing is to return the true value of agricultural land, helping to use agricultural land for the right purpose" - Mr. Hieu said.
Harmonize the interests of the State, people with land use rights and businesses
Not only amending and supplementing regulations to ensure the rights of agricultural land users, Point c Clause 1 Article 127 of the Land Law 2024 allows land use to implement socio-economic development projects. through an agreement on receiving land use rights in case the project does not use state budget capital and falls under the case of land recovery in Article 79 of this law (Article 79 stipulates land recovery for economic development - society for the benefit of the nation and the public - PV) but the investor chose to agree on receiving land use rights and did not propose land recovery.
Director of the Department of Justice of Binh Duong province, Nguyen Anh Hoa, said that this regulation of the Land Law 2024 is very "flexible", respecting the principles of freedom, voluntary commitment, ensuring market principles, and harmony. harmonize the interests of the State, people with land use rights and businesses with land use needs. Thereby creating opportunities and advantages for investors who need to use land to implement investment projects without having to do so in the form of land recovery; ensure security and social order.
Regarding determining the financial obligations of foreign-invested enterprises receiving land use rights transfer associated with the transfer of all or part of an investment project. According to the provisions of Article 169 of the 2013 Land Law, foreign-invested enterprises are not allowed to receive land use rights transfer to implement investment projects.
However, according to the provisions of the Land Law 2024 (Clause 3 Article 142, Clause 16 Article 260), foreign-invested enterprises according to the provisions of the Law on Real Estate Business No. 66/2014/QH13 have been allowed to Amending and supplementing a number of articles under Law No. 61/2020/QH14 are carrying out procedures for receiving transfer of all or part of real estate projects but by the effective date of this law, the procedures have not been completed. Land procedures for the project or part of the project being transferred, the competent state agency shall carry out procedures for land allocation, land lease to the transferee, and issue a Certificate of land use rights and ownership rights. own assets attached to land according to the provisions of this Law. The transferee of all or part of a real estate project inherits the land rights and obligations of the project transferor.
According to Director of the Department of Justice of Binh Duong province Nguyen Anh Hoa, the provisions of the Land Law 2024 have removed difficulties and obstacles in cases where foreign-invested enterprises receive transfer of land use rights attached to land. with the transfer of all or part of the investment project.
However, regarding the settlement of land procedures and financial obligations for investment projects by foreign-invested enterprises, Mr. Nguyen Anh Hoa suggested that, when developing the decree, in the following cases: This document needs specific instructions on registering changes in the issued Land Use Rights Certificate. Consider stipulating transitional terms for projects that have been carrying out procedures for transferring the project or part of the project but have not yet completed financial obligations, implemented in accordance with the land law in 2024 .
