Reviewing policies to remove difficulties and obstacles in implementing the Land Law

It is necessary to adjust land rent when site clearance is delayed; pay land rent in one lump sum or annually; regulate the State to reclaim land in cases where the project has agreed on over 75% of the land area and over 75% of the number of land users... those are the opinions of National Assembly Deputies discussing in groups about the Draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law on the morning of November 19.

Delegate Ha Sy Dong (National Assembly Delegation of Quang Tri province) spoke at the morning session on November 19, 2025.

Delegate Ha Sy Dong (National Assembly Delegation of Quang Tri Province) said that the current Land Law stipulates that enterprises must pay in advance before being able to rent land. In reality, there have been many cases where enterprises have paid land rent, but state agencies have been slow to implement site clearance, leading to delays in handing over land on the ground, in some cases for many years, causing damage to enterprises.

In such cases, the enterprise still has to pay land rent, but has no land to use. Many enterprises facing this problem are very upset because they suffer great losses due to the State's fault but still have to pay for this.

“I propose that the Resolution add a provision to handle this issue in the following direction: Enterprises still pay the provisional land rent before leasing the land. In case of delay in handing over the land, the enterprise has the right to request a recalculation of the land rent to reduce the obligation corresponding to the delay in handing over. This reduced obligation will be adjusted, settled, and deducted from the land rent paid in the following times or other financial obligations to the State,” said delegate Ha Sy Dong.

Many National Assembly delegates are concerned about the regulation that the State reclaims land in cases where the project has reached agreement on over 75% of the land area and over 75% of the number of land users. In this case, the Provincial People's Council shall consider and approve the reclaim of the remaining land area to allocate or lease land to the investor.

Delegate Nguyen Van Huy (National Assembly Delegation of Hung Yen Province) said that this regulation will solve the situation of "projects being blocked due to some households not agreeing, handling the prolonged 'bottleneck' due to some cases not cooperating, causing project stagnation and wasting resources. However, although the rate of 75% has been stipulated, the delegate noted that the recovery of the remaining area needs to be considered because it does not ensure the principle of voluntariness in projects under the agreement mechanism. Besides, it is easy to arise complaints about land price compensation.

Sharing the same concern, delegate Phan Duc Hieu (National Assembly Delegation of Hung Yen province) said that, from the perspective of enterprises, the above regulation has some unreasonable points. In particular, the law has allowed the State to reclaim but added the procedure of the Provincial People's Council (PC) to decide. Thus, it can be understood that the PC can refuse or agree. According to him, this adds another level, even causing difficulties because the PC may not dare to do it because it is afraid that the project is complicated and the people will complain for a long time. Therefore, he suggested not to let the PC decide, if necessary, prescribe additional criteria for the State to reclaim.

Also concerned about the compensation policy, delegate Nguyen Lam Thanh (National Assembly Delegation of Thai Nguyen Province) said that, according to calculations, the compensation price often accounts for up to 70% of the total cost, if not careful, it will cause a lot of "capital increase". At that time, will the state budget be guaranteed? According to him, the draft should stipulate compensation based on actual value or 75% of the new construction value, so that they can choose instead of "100% compensation".

Comments on Article 4.2 stipulate that land users can choose to pay one time or the entire lease term. Delegate Ha Sy Dong (National Assembly Delegation of Quang Tri Province) said that this is a provision that helps to remove many difficulties for businesses. In fact, in the past, due to not allowing land lease to pay one time in many cases, businesses felt uncertain about their land use rights, leading to a reluctance to invest in land.

In addition, the property rights of land users paying annual rent are more limited than those of land users paying one-time rent, such as not having the right to mortgage or contribute capital to land use rights, but only being allowed to mortgage or contribute capital with assets on the land... However, delegate Ha Sy Dong suggested: "Let's go one step further, that is, to recognize the mortgage rights, capital contributions and other rights of land users paying annually corresponding to land users paying one-time rent. This will create a solid legal basis for businesses and the banking and financial system to increase investment in land, thereby helping to bring economic benefits from land".

Source: https://baotintuc.vn/thoi-su/xem-xet-chinh-sach-thao-go-kho-khan-vuong-mac-trong-thi-hanh-luat-dat-dai-20251119115438435.htm