Ensuring publicity, transparency, and combating group interests in implementing land policies

On the morning of September 15, the Central Committee of the Vietnam Fatherland Front held an online conference to provide social feedback on the Draft Amended Land Law.
The Central bridge was chaired by comrades: Do Van Chien - Secretary of the Party Central Committee, Chairman of the Central Committee of the Vietnam Fatherland Front; members of the Party Central Committee: Tran Hong Ha - Minister of Natural Resources and Environment; Le Tien Chau - General Secretary of the Central Committee of the Vietnam Fatherland Front; Ngo Sach Thuc - Vice Chairman of the Central Committee of the Vietnam Fatherland Front.

Chairing at Nghe An bridge point were comrades: Vo Thi Minh Sinh - Member of the Provincial Party Standing Committee, Chairwoman of the Vietnam Fatherland Front of Nghe An province; Nguyen Duc Thanh - Vice Chairman of the Vietnam Fatherland Front of Nghe An province.

The comrades presiding at the Central bridge point. Photo source: daidoanket.vn

Focus on giving comments and criticism on 12 key contents

Speaking at the opening of the conference, comrade Do Van Chien affirmed the importance and impact of the Land Law on social life. The Land Law involves 112 different laws, related to many organizations and industries. Therefore, the completion and amendment of the Land Law is extremely important, requiring specific, effective and practical comments and criticism. Many opinions assessed that the Draft Law was receptive, accepted and listened to by the Government, the drafting agency, the Ministry of Natural Resources and Environment, during the preparation process. The amendment of the Land Law is an important task, affecting all aspects of the country's political, economic and social life and the people's lives, so the Party and State pay great attention to leadership and direction. The 13th Central Executive Committee directed the summary of 10 years of implementing Resolution 19-NQ/TW and the 2013 Land Law; Issued Resolution No. 18-NQ/TW dated June 16, 2022 on continuing to innovate and perfect 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, and introducing many new policy contents to guide the amendment of the Law.

The Chairman of the Central Committee of the Vietnam Fatherland Front requested delegates to discuss and contribute ideas to the draft Law and propose criticisms of the draft Law focusing mainly on 12 contents: Institutionalization of new points according to Resolution No. 18-NQ/TW, the Party's policies on land; the compatibility of the draft Land Law (amended) with the 2013 Constitution and other relevant laws. Institutionalization of regulations related to the Vietnam Fatherland Front in the draft Land Law (amended) in the spirit of Resolution No. 18-NQ/TW emphasizes the role of the Vietnam Fatherland Front and socio-political organizations in formulating, implementing, supervising, and providing social criticism on land laws and policies that are still general and difficult to implement.

The provisions on the rights and responsibilities of the State in the draft Law have shown decentralization and delegation of power but the responsibilities are not clear. Complete the provisions on planning and land use plans. This includes clarifying the principles of planning; the basis for planning and land use plans and the authority to decide and approve planning and land use plans; the role of the People's Council in adjusting planning and supervising implementation. Publicity and consultation with the people during the planning and planning adjustment process must be substantial, avoiding formalities. Complete the provisions to ensure the land use rights of ethnic minority households and individuals to promote the development of ethnic minority communities.

The comrades chaired the conference at Nghe An bridge point. Photo: Hoai Thu

Forms of public, transparent, and equal land allocation and leasing (Chapter V). Clarifying criteria for land allocation and leasing, especially the mechanism for auctioning land use rights, bidding for projects using land, changing the purpose of using rice fields and forested land; criteria and limits for allocating land types, including clearly stipulating the limits for land allocated to religions, types of land allocated without payment, with payment for land use.

Perfecting regulations on land recovery and requisition in the Draft Land Law (amended) to ensure publicity, transparency, and reduce complaints. Clearly defining criteria for land recovery for national defense and security purposes; for socio-economic development for national and public interests... Perfecting regulations on compensation, support, and resettlement when the State recovers land to harmonize the interests between the State, people whose land is recovered, and investors (Chapter VII), institutionalizing the viewpoint stated in Resolution No. 18NQ/TW "having specific regulations on compensation, support, and resettlement so that after land recovery, people whose land is recovered must have a place to live, ensuring a life equal to or better than their old place of residence".

Comments on amending regulations on land registration, granting certificates of land use rights, house ownership rights and other assets attached to land. Regulations on rights and obligations of land users in Chapter XIII of the draft Law, proposed improvements. Regulations on land finance, land prices in the draft Land Law (amended) - Proposed amendments and supplements. Including deepening the regulations on removing the land price framework in the spirit of Resolution No. 18-NQ/TW, the impact of removing the land price framework, implementation roadmap and how to specifically regulate it in the draft Land Law. Regulations on rights and obligations of land users in Chapter XIII of the draft Law, proposed improvements. Difficulties and inadequacies in regulations on administrative procedures on land, proposed amendments (Chapter XIV).

Important regulations need to be revised and supplemented.

Vinh City Land Registration Office Branch handles land records procedures. Photo: Mai Hoa

In the morning session, the conference heard a summary of some legal policies that have been amended and supplemented in the Draft Law on Land, and issues that still have different opinions in the draft. The report summarized the opinions sent to the conference. In particular, many opinions said that many regulations in the draft are still general, not specific, and do not fully institutionalize the new policies in Resolution No. 18-NQ/TW. Many issues are complicated and sensitive, requiring continued thorough impact assessment, concretization of policies to ensure consistency, feasibility, and effectiveness. There are still many bottlenecks, conflicts, and overlaps between legal regulations in land management and use, not creating new space, driving force for development, ensuring national security and defense; minimizing unclear administrative procedures. Decentralization and delegation of authority to local authorities to establish tools to control power, monitor implementation, overcome bottlenecks, negativity, corruption, waste in land management and use, and reduce land-related complaints need to be more clearly defined.

After listening to the reports, many delegates from localities and ministries expressed their opinions on important contents. Including the contents on the consistency, synchronization, overcoming overlaps between the Land Law and other provisions of the law. Clarifying the responsibilities of state agencies at all levels and the rights of the people, the rights of organizations and individuals using land. For example, how to control land price regulations and have a roadmap for removing the land price framework; compensation for resettlement in land recovery to ensure the rights and obligations of the parties; the issue of land allocation, handling of land use for the wrong purpose in religious establishments; the issue of public land management to avoid loss, falling into private hands... Institutionalizing regulations related to the Vietnam Fatherland Front in the draft revised Land Law. Regulations on land allocation, land lease, change of land use purpose; scope of public opinion collection in the process of implementing land use planning and plans...

Delegates at the Vietnam Fatherland Front Committee of Nghe An province. Photo: Hoai Thu

One of the issues that the delegates are interested in is how the regulation on removing the land price framework should be appropriately regulated in the draft law. There are many issues that need to be clarified and specifically regulated to ensure effectiveness and avoid group interests in implementing this important policy. In particular, the delegates said that it is necessary to clearly define what is considered a common land price in the market with fluctuations as a basis for adjusting the land price list; what are the principles and methods for determining land prices? Article 130 of the draft revised Land Law stipulates that the land price list is used in common for all cases such as calculating land use fees, calculating compensation, etc., which is not appropriate.

At the conference, there were many comments and criticisms on the contents of the Draft Law on Land Amendment. The chairmen also provided additional information and clarified issues related to the contents being criticized./.