10 new contents in the draft Land Law (amended)

Implementing Resolution No. 671 of the National Assembly Standing Committee and Resolution No. 170 of the Government, the Ministry of Natural Resources and Environment has carried out many activities to collect public opinions on the draft Land Law (amended). This includes building a website for people to comment on the contents of the draft law at: https://luatdatdai.monre.gov.vn/

A corner of Vinh city center. Photo: Thanh Duy

The Ministry of Natural Resources and Environment also introduced the following 10 new contents of the draft law:

(1) Innovate and improve the quality of land use planning and plans. National planning as well as land use planning and sectoral planning involving land use must ensure consistency, unity, synchronization, and close connection to promote each other for development.

Land use planning and plans are established at the national, provincial and district levels, meeting the requirements of implementing the Strategy for rapid and sustainable socio-economic development; ensuring national defense and security; protecting the environment and adapting to climate change. The content of land use planning and plans stipulates the demarcation and arrangement of land use space into 3 areas including strictly managed areas, restricted areas and areas with land use purpose conversion; stipulates the combination of land use indicators with land use space and determines the location, boundaries, land recovery area and land use purpose conversion for each plot of land in the district-level land use planning.

(2) Complete regulations on land allocation, land lease, and land use purpose conversion. Land allocation and land lease are mainly implemented through land use rights auctions and land use project bidding. Strictly regulate cases of land allocation and land lease without land use rights auctions and land use project bidding.

Basically, implement the form of land lease with annual payment and specify cases of land lease with one-time payment in accordance with the nature and purpose of land use, ensuring a stable source of income. Regulate conditions for land allocation, land lease, and usage limits for religious organizations in accordance with the existing land fund of the locality; religious organizations using land for other purposes must pay land rent to the State in accordance with the provisions of law.

(3) More specific regulations on the authority, purpose, scope of land recovery, conditions, and specific criteria for land recovery for socio-economic development in the national and public interest. Complete regulations on compensation, support, resettlement, and land recovery for national defense and security purposes; and socio-economic development in the national and public interest.

Compensation, support and resettlement must be one step ahead, ensuring publicity, transparency and harmony of interests of the State, people whose land is recovered and investors, so that people whose land is recovered must have a place to live, ensuring an equal or better life. Specific regulations on the effective exploitation of adjacent land funds to promote land resources for socio-economic development and mechanisms for contributing land use rights, readjusting land, and beautifying urban and rural residential areas.

(4) Perfecting the mechanism for determining land prices according to market principles, inspection and supervision mechanisms of the Central Government and the People's Council in the construction of land price lists. Supplementing and perfecting regulations to ensure publicity and transparency such as: Publicizing land prices, transactions through trading floors for residential projects, urban areas, and commercial housing.

(5) Perfecting financial mechanisms and policies on land to ensure the harmony of interests of the State, land users and investors; having a mechanism to reasonably and effectively regulate revenue from land use fees and land rents between the Central and local levels; regulating land rent differences, ensuring publicity and transparency. Prescribing higher tax rates for people using large areas of land, many houses, land speculation, slow land use, and abandoned land. Institutionalizing preferential policies through exemption and reduction of land use fees and land rents in accordance with investment incentive sectors and localities and policy subjects.

(6) Perfecting legal regulations related to the real estate market, including the land use rights market. Promoting the commercialization of land use rights. Building a real estate market information system linked to land information; having policies to encourage the development of the land use rights market, especially the agricultural land lease market. Perfecting state regulatory regulations to ensure the real estate market develops healthily, safely and sustainably. Implementing mandatory registration of land use rights and land change registration, and at the same time having specific and synchronous sanctions to prevent cases of transactions not registered with state agencies.

(7) Improve the mechanism and policies on agricultural land management and use in the direction of expanding the subjects and limits of agricultural land use rights transfer, regulations for agricultural land users to convert the purpose of crop and livestock production, and improve the efficiency of agricultural land use according to the planning. Strengthen land quality management, overcome the situation of land degradation and decline. Regulations on banks leasing agricultural land. Have regulations to effectively manage and use land of agricultural and forestry origin and solve residential and production land for ethnic minorities.

(7) Improve the mechanism and policies on agricultural land management and use in the direction of expanding the subjects and limits of agricultural land use rights transfer, regulations for agricultural land users to convert the purpose of crop and livestock production, and improve the efficiency of agricultural land use according to planning. Strengthen land quality management, overcome the situation of land degradation and decline.

Regulations on banks leasing agricultural land. There are regulations to manage and effectively use land of agricultural and forestry origin and to resolve residential and production land for ethnic minorities.

(8) Regulations on management and use of multi-purpose land, residential land combined with trade and services; agricultural land combined with trade and services; national defense and security land combined with economic land; land for tourism projects with spiritual elements; land for construction of aerial works, underground works, land formed from sea encroachment activities.

(9) Promote administrative reform and digital transformation in the field of land management and use; ensure centralized and unified management, operation, connection and information sharing from the central to local levels. At the same time, continue to promote decentralization and delegation of power along with power supervision and control.

(10) Innovate and strengthen inspection, examination, supervision, and handling of violations; resolve disputes, complaints, and denunciations related to land./.