Urgently complete 4 draft Decrees related to land

The Government Office has just issued Notice No. 282/TB-VPCP dated June 26, 2024, concluding the conclusion of Deputy Prime Minister Tran Hong Ha at the meeting on the draft Decree detailing the implementation of a number of articles of the Land Law, the draft Decree regulating land use fees, land rent, the draft Decree regulating land prices, the draft Decree regulating compensation, support, and resettlement when the State reclaims land.

In the Notice, the Deputy Prime Minister requested the drafting agencies (Ministry of Natural Resources and Environment, Ministry of Finance) to review, synthesize, research, absorb, and fully explain the opinions of Government members, ministries, departments, branches, localities, agencies, organizations, associations, unions, and experts.

Ensure that draft Decrees only stipulate the contents and tasks assigned in the 2024 Land Law and are within the scope of the Government's authority; maximum decentralization and delegation of authority coupled with strict inspection and supervision mechanisms and tools; simplify administrative procedures, apply information technology, and digital transformation in management, deployment, and implementation of administrative records and administrative procedures.

The drafting agency shall preside over and coordinate with relevant ministries and agencies to continue reviewing the contents of the draft Decrees to ensure that the draft Decrees have been completed in accordance with the directions of the Government leaders; and to ensure that comments from ministries, branches, localities, agencies, organizations, unions, associations, and experts have been fully researched, absorbed, and explained.

The Deputy Prime Minister assigned the Ministry of Justice to review once again each draft Decree for its consistency with the Party's guidelines, the State's policies, and the Prime Minister's direction; for its constitutionality, legality, consistency, and synchronization with the current legal system in general, and with the draft Decrees guiding the implementation and detailing the implementation of the 2024 Land Law in particular; to ensure full regulation of the contents and tasks assigned in the 2024 Land Law and within the scope of the Government's authority.

For each draft Decree, the Deputy Prime Minister requested the drafting agency to preside over and coordinate with relevant ministries, branches and agencies to focus on reviewing and absorbing comments made at the meeting to complete the draft Decrees in the following directions:

Decree detailing the implementation of a number of articles of the Land Law

The Ministry of Natural Resources and Environment accepts the opinions of the People's Committee of Ho Chi Minh City and the People's Committee of Hanoi City on Articles 13, 14, 21, 22, 58 and 63 of the draft Decree. Accepts the opinions of experts to complete the regulations on principles and criteria for allocating land use quotas in Article 25 of the draft Decree.

The Ministry of Natural Resources and Environment shall clearly define the concepts of "emergency" and "force majeure" in a way that ensures clarity, specificity, feasibility, and ease of application. In particular, when stipulating that the Provincial People's Council is responsible for deciding on emergency cases and force majeure cases, the draft Decree must stipulate specific criteria as the basis for decision.

The Ministry of Natural Resources and Environment reviews the articles and clauses related to planning issues, completes the draft to ensure consistency and compliance with the provisions of the Land Law and the Planning Law. Accepts the opinions of the Ministry of Planning and Investment stipulated in the implementation provisions on the application of the articles and clauses of the draft Decree on National Land Use Planning, National Defense Land, and Security Land when the Planning Law and Decree No. 37/2021/ND-CP detailing the implementation of the Planning Law are amended and supplemented.

The Ministry of Natural Resources and Environment shall proactively work with the Ministry of Planning and Investment to complete the provisions related to bidding in the draft Decree. The Ministry of Planning and Investment shall closely coordinate with the Ministry of Natural Resources and Environment in this matter, and at the same time, submit to the Government a Decree regulating bidding for projects using land before June 16, 2024.

The Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministry of Construction to review the provisions related to land used for underground works and above-ground spaces, and complete this content to avoid legal gaps when the Decree is issued.

Regarding regulations on sea encroachment, the Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministries of Agriculture and Rural Development, Construction, Planning and Investment, and Justice to clarify the concept of sea encroachment projects, on that basis, clearly determine whether natural disaster prevention and climate change response projects are considered sea encroachment projects.

Regarding the land area formed from the results of the natural disaster prevention and climate change response project, it is necessary to clarify whether the created land area is within the approved project land area, on that basis, clearly determine the management and use mechanism for this land area in accordance with the provisions of law.

Decree regulating land prices

Regarding the costs in the surplus method, the Ministry of Natural Resources and Environment must determine them according to construction law and relevant laws. The regulations must be clear, specific, ensuring correctness, completeness, non-duplication, and inheriting the provisions of Decree No. 12/2024/ND-CP. The addition, adjustment, and amendment of the provisions of the Decree must clearly explain: legal basis, practical basis, and ensure consistency with relevant laws.

Regarding the regulations on training in land valuation, it is recommended to accept the Deputy Prime Minister's opinion at the meeting on May 24, 2024 in the direction that the Ministry of Natural Resources and Environment only issues a training program framework, builds information data on organizations and individuals consulting on land prices, land valuation... to perform the state management function, and at the same time refer to (take the whole) the training and management process of the Ministry of Finance on valuation and price consultancy. The Ministry of Natural Resources and Environment proactively works with Expert Bui Tien Thoa to complete this content.

Regarding the conditions for practicing land valuation consultancy: The Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministry of Finance and the Vietnam Valuation Association to strictly regulate the conditions for practicing, management and supervision mechanisms and sanctions for violations in practicing.

Draft Decree regulating land use fees and land rents

Regarding land rent exemption and reduction, the Ministry of Finance shall preside over and coordinate with the Ministry of Planning and Investment to review the contents of the draft Decree to ensure consistency and uniformity of the current legal system.

Regarding the content of additional payment in the transitional handling regulations, the Ministry of Finance proactively worked with expert Dr. Can Van Luc to review and complete the plan to report to the Government for consideration.

Regarding the exemption policy for PPP projects, the Ministry of Finance adds other fields prescribed by the Government in addition to the fields mentioned in the draft Decree.

The Ministry of Finance urgently completes the draft Decree to collect comments from Members according to the Government's Working Regulations.

Draft Decree regulating compensation, support and resettlement when the State acquires land

The Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministry of Finance to unify the regulations on: (i) handling cases of houses, other construction works, technical infrastructure works, social infrastructure attached to land that are public assets being demolished; (ii) advance payment for site clearance by investors.

The Ministry of Natural Resources and Environment reviews the draft Decree along with other draft Decrees detailing the 2024 Land Law to complete the scope of regulation of the draft in the direction that the draft regulates all issues and contents on compensation, site clearance, and resettlement.

The Ministry of Natural Resources and Environment shall preside over and coordinate with relevant agencies to study and propose plans to use social housing and purchase commercial housing to serve compensation and resettlement work.