Announcement of the President's decree on the Land Law
The new Land Law comprises 16 chapters and 260 articles, including amendments and additions to 180 out of 212 articles of the 2013 Land Law, and the addition of 78 new articles.
On the morning of February 19th, the Office of the President held a press conference to announce the President's order promulgating the Land Law, which was passed by the National Assembly at its 5th extraordinary session.
According to Deputy Minister of Natural Resources and Environment Le Minh Ngan, the new Land Law comprises 16 chapters and 260 articles, including amendments and additions to 180 out of 212 articles of the 2013 Land Law, and the addition of 78 new articles.
The new law has perfected the rights of Vietnamese people residing abroad in the following way: Vietnamese people residing abroad who are still Vietnamese citizens have full land-related rights just like citizens in the country (individuals in the country).
The regulations stipulate that groups of land users, including members of a household, have the same rights and obligations as individual land users.
Land users who are exempt from or entitled to a reduction in land use fees or land rent have the same rights and obligations as those who are not exempt from or entitled to a reduction in land use fees or land rent.
Regarding land reclamation and expropriation, Deputy Minister Le Minh Ngan stated that the law specifically stipulates the cases in which the State reclaims land for socio-economic development in the national and public interest, for the implementation of public works projects, the construction of State agency headquarters, and public service facilities. Other cases include various criteria groups such as housing, production areas, land fund development, minerals, underground structures, and cases where the State reclaims land for auction or bidding to increase budget revenue...
Regarding compensation, support, and resettlement when the State reclaims land, the new law has amended and supplemented the principle of compensation in a way that diversifies forms. These include compensation in the form of land with the same purpose as the reclaimed land, or in the form of money, other land, or housing. The principle of "providing housing, ensuring income and living conditions equal to or better than the previous residence" is concretized through regulations on criteria for resettlement areas regarding technical infrastructure, social infrastructure, and the location of resettlement. Resettlement areas can be allocated for one or more projects.
The Deputy Minister stated that the new law also standardizes the Certificate of Land Use Rights and Ownership of Assets Attached to Land. It clearly defines the authority to issue certificates, separating the role of state management (recognizing land use rights) from the provision of public services by registration agencies (issuing certificates). This professionalizes the issuance of certificates, providing a basis for unifying land registration and cadastral record management from the central to local levels.
The process involves establishing land price tables based on value zones and standard land parcels for areas with digital cadastral maps and land price databases. In addition, specific regulations are needed regarding the timing of land price determination, land use fees, and land lease fees for each case of land allocation, land lease, permission to change land use purposes, extension of land use rights, change of land use form, and adjustment of land allocation or lease decisions that alter land area, land use purpose, or land use duration.
