Resolution of the 6th Central Conference on land policies and laws

On behalf of the Party Central Committee, General Secretary Nguyen Phu Trong has just signed and issued Resolution 19-NQ/TW - Resolution of the 6th Conference of the Party Central Committee (11th tenure) on continuing to innovate land policies and laws during the period of comprehensively promoting the renovation process, creating a foundation for our country to basically become a modern industrialized country by 2020.

I - SITUATION AND CAUSES

After nearly 10 years of implementing the Resolution of the 7th Conference of the 9th Party Central Committee on continuing to innovate land policies and laws in the period of accelerating industrialization and modernization of the country, we have achieved many positive results, contributing to the effective exploitation and promotion of land resources to serve the goals of socio-economic development, ensuring national defense, security, social stability, national food security, environmental protection, etc. The effectiveness of state management of land has been gradually enhanced; land policies and laws have been increasingly improved; land users' rights have been expanded and guaranteed by the State; the real estate market, including land use rights, has been formed and developed rapidly. These results affirm that the guiding viewpoints and orientations of land policies and laws identified in the 7th Resolution of the 9th Party Central Committee are basically correct and consistent with the characteristics and socio-economic development situation of the country.

However, state management of land still has many limitations, especially in land use planning, land valuation, compensation, site clearance, support and resettlement, and administrative procedures on land. The interests of the State and people whose land has been recovered have not been adequately guaranteed; land resources have not been fully exploited to become an important internal force serving socio-economic development; land use in many places is still wasteful and inefficient; corruption and negativity in this field are still large; the real estate market develops unstably, unhealthy, "underground" transactions are still quite common; the situation of complaints, denunciations, and disputes about land is still complicated.

The main causes of the above limitations and weaknesses are: Land has very diverse origins; land policies have changed over many periods; current policies and laws on land still have some unclear and inappropriate contents; institutionalization is slow and not really synchronous. The organization and implementation of policies and laws on land and related policies and laws are not strict. The work of propaganda, education and dissemination of policies and laws on land is still ineffective; the implementation of publicity and transparency in land management is not good. The awareness of compliance with land laws of a number of cadres and people is still limited. Inspection, examination, supervision and handling of violations are not strict. The effectiveness and efficiency of resolving complaints, denunciations and disputes on land are still low. The organization and capacity of cadres on land management and related agencies still have many shortcomings and limitations; Some people still take advantage of their positions and powers for personal gain and corruption.

II- GUIDING VIEWPOINT

- Land is owned by the entire people and is managed by the State as the representative owner and in a unified manner. Land use rights are a special type of property and commodity, but are not ownership rights, and are specifically determined in accordance with each type of land, each subject and form of land allocation and lease. The State exercises the rights of the owner through deciding on land use planning and plans; permitting the change of land use purposes and regulating land use duration; deciding on land prices; deciding on policies to regulate the value added from land not created by land users; granting land use rights and reclaiming land for use in defense and security purposes, serving national interests, public interests and economic and social development projects in accordance with the provisions of law.

- Land users are allocated land, leased land, have their land use rights recognized by the State for stable, long-term or limited-term use and have the rights to convert, transfer, lease, sublease, inherit, donate, mortgage, contribute capital using land use rights and are compensated when the State reclaims land, depending on each type of land and the origin of land use according to the provisions of law. Land users are obliged to register their land use rights, use land for the right purpose, comply with planning, return land when the State decides to reclaim land, and comply with land laws.

The State does not recognize the reclaiming of land that has been allocated by the State to others for use in the process of implementing land policies and laws. It does not raise the issue of readjusting agricultural land allocated to households and individuals, but the State has appropriate policies so that agricultural land is used by those directly engaged in agricultural production with the highest efficiency.

- Land is allocated reasonably, used for the right purpose, economically and effectively; ensuring immediate and long-term benefits, protecting the ecological environment, meeting the requirements of sustainable national development; improving the quality and protecting agricultural land, ensuring national food security.

- Land policies and laws must contribute to socio-political stability, meet the requirements of socio-economic development, national defense, security, and international integration; best mobilize land resources for national development; ensure harmony of interests of the State, land users, and investors; ensure healthy development of the real estate market, including land use rights, and prevent speculation. Effectively use price and tax tools in land management to overcome waste, corruption, and complaints.

- Improve the effectiveness and efficiency of state management of land; promote administrative reform, ensure publicity and transparency in land management. Develop diverse types of land services. Build an advanced land management system, prioritize investment in building a modern land information database and infrastructure system.

- Strengthen the leadership of the Party and the management of the State, promote the role of the Fatherland Front, mass organizations and the entire population in implementing land policies and laws. Ensure unified management of land by the Central State, at the same time decentralize appropriately to localities, and have sanctions to strictly handle violations of land policies and laws. Resolutely restore order in land management and use.

III- ORIENTATION FOR CONTINUING INNOVATION AND IMPROVEMENT OF LAND POLICIES AND LAWS

In the coming time, to meet the requirements of comprehensively promoting the country's innovation, on the basis of inheriting the orientations on land policies and laws stated in the Resolution of the 7th Conference of the 9th Party Central Committee, it is necessary to continue to innovate and perfect land policies and laws. Specifically as follows:

1- Land use planning

Innovate and improve the connection and synchronization between land use planning and plans with construction planning, sectoral planning and other fields using land in the direction that land use planning must be comprehensive, balanced, reasonably allocated and effectively used for sectors, fields, territories and administrative units. Construction planning and sectoral planning and plans using land must be consistent with the indicators and progress of land use allocated in land use planning and plans.

Innovate annual land use plans to reflect the land use needs of investment projects, sectors and fields, as a basis for the State to reclaim land, allocate land, lease land, change land use purposes and develop financial policies on land. Strengthen unified inspection and supervision from the central to local levels in the implementation of land use planning and plans. Strictly manage the change of land use purposes for rice cultivation, land with protective forests and special-use forests. Strictly handle violations of land use planning.

There are mechanisms and policies to attract investment in infrastructure construction, industrial development, services, and tourism in sync with economic and social infrastructure to exploit land potential in midland, mountainous, and coastal areas, minimizing the use of land for rice cultivation.

Gradually relocate production facilities and public service units with large populations out of city centers, especially large cities, to exploit and use land effectively according to regulations, limit environmental pollution, and reduce traffic congestion.

2- Land allocation, land lease

Narrowing down the subjects of land allocation and expanding the subjects of land lease. Land allocation and land lease for economic and social development projects are mainly carried out through land use rights auctions and bidding for projects using land.

Continue to allocate and lease agricultural land to households and individuals for a longer period than current regulations to encourage farmers to be more attached to the land and feel secure in investing in production. At the same time, expand the limit for receiving the transfer of agricultural land use rights in accordance with the specific conditions of each region and each stage to create favorable conditions for the process of land accumulation and concentration, gradually forming large commodity production areas in agriculture. Soon have solutions to meet the needs of production land and employment for ethnic minorities who do not have land for production.

Focus on reviewing and thoroughly handling cases of land that has been allocated to administrative agencies, public service units, and mass organizations but has not been used or has been used for the wrong purpose or against the law. Conduct auctions of land use rights when rearranging state-owned headquarters and workplaces to convert them to economic development purposes.

Specify the conditions for investors to be allocated land or leased land to implement socio-economic development projects; at the same time, have synchronous and specific sanctions to strictly and decisively handle cases where the State has allocated or leased land but uses it wastefully, for improper purposes, speculates on land, or delays putting land into use; does not compensate for land, assets attached to land, and the value invested in land in cases where land is recovered due to violations of land laws.
3- Land acquisition, compensation, support, resettlement

The State proactively reclaims land according to the approved annual land use plan. It stipulates more clearly and specifically the cases in which the State reclaims land for use in defense and security purposes, serving national interests, public interests and socio-economic development projects. For production and business projects that are in accordance with the land use plan, households and individuals currently using the land are allowed to transfer, lease, or contribute capital using land use rights to investors to implement the project.

Land acquisition, compensation, support and resettlement are the responsibility of People's Committees at all levels and involve the entire political system. Strengthen and enhance the capacity of organizations with the function of developing land funds to ensure the implementation of the tasks of compensation, site clearance and auction of land use rights.

Compensation, support and resettlement when the State reclaims land must ensure democracy, publicity, objectivity, fairness and compliance with the provisions of law. Land users are compensated according to the legal purpose of land use. Organize effective implementation of vocational training plans, job creation, production reorganization and ensuring the lives of people in areas where land is reclaimed. Research methods of compensation and support payment to ensure long-term stability of life for people whose land is reclaimed.

Complete the mechanism for creating land funds, mobilizing capital sources to build residential areas with synchronous technical and social infrastructure to arrange new accommodation for people whose land is recovered before compensation and clearance. Residential areas are built in accordance with the conditions, customs and practices of each region.

4- Land registration and certification

Implement mandatory registration of land use rights. The State protects the legitimate rights and interests of those who have registered land according to the provisions of law, and at the same time has strong enough sanctions to prevent cases of transactions not registered with state agencies.

Increase investment in resources for surveying, mapping, cadastral records, database development, administrative procedure reform, speed up the issuance of land use right certificates, house ownership rights and other assets attached to land to meet the needs of land users.

5- Rights and obligations of organizations, households and individuals assigned land use rights

Specify the conditions for exercising the rights of land users and the conditions for investors to receive land use rights to carry out investment projects. Encourage leasing and capital contribution using land use rights to carry out investment projects.

6- Real estate market development

Continue to improve mechanisms and policies for healthy and sustainable development of the real estate market. Strengthen the management and regulation of the State from the central to local levels. Urban development and real estate business projects must be consistent with planning and market demand. Promote housing development, especially social housing, to gradually improve people's housing conditions.

For projects to build economic and social infrastructure works and urban beautification, it is necessary to plan the land area next to the infrastructure works and the surrounding areas to recover land, create resources from land to invest in these works, support people whose land is recovered and increase state budget revenue; at the same time, priority is given to people whose residential land is recovered to be allocated land or buy houses on the recovered land area expanded according to the provisions of law.

The State proactively regulates the market through supply and demand; gradually implements non-cash payments in real estate transactions; reviews conditions for selecting investors, ensuring that investors have sufficient capacity to implement real estate projects.

7- Land finance policy

The State proactively regulates the real estate market through innovation of financial policies on land, especially tax policies. Develop a mechanism to strengthen and diversify capital sources for land development funds, including allocations from land use fees and land rents to create land funds, resettlement housing funds, and social housing funds.

Review tax incentive policies to ensure fairness, consistency, simplicity, convenience, and prevent tax losses. Have appropriate policies and tax rates to nurture revenue sources and encourage economical and efficient land use. The State implements a progressive tax policy for slow-moving or abandoned investment projects that do not put land into use within the time limit prescribed by law.

Research and promulgate real estate tax (taxable objects must include land, houses and other assets attached to land). People who use large areas of land, many houses, abandoned land, land that has been assigned or leased but is slow to put into use must pay higher tax rates.

Strictly implement the Law on Corporate Income Tax and the Law on Personal Income Tax, including income tax from land use rights transfer, and do not collect taxes at fixed rates.

8- Land price

Land prices are regulated by the State according to the land use purpose at the time of valuation, ensuring the principle of conformity with the market mechanism under State management.

The Government shall prescribe methods for land valuation and land price frameworks as the basis for provincial People's Committees to issue land price lists. Supplement regulations on adjusting land price frameworks and land price lists to ensure flexibility and suitability for each type of land, land users and cases of land allocation and land lease. There shall be a mechanism to handle land price differences in border areas between localities.

Strengthen the State's land valuation agency, improve the capacity of staff working on land valuation and land appraisal. The land price advisory agency and the land valuation agency are two independent agencies; clarify the responsibility of the agency handling complaints about land prices in compensation for site clearance.

Do a good job of monitoring and updating land price fluctuations in the market; gradually build a database of land prices for each plot of land. Have a mechanism to monitor the authorities and independent land valuation organizations in land valuation. Encourage the development of independent land valuation consulting organizations.

9- Administrative reform

Promote administrative reform in the land sector. Clearly define the functions, tasks and powers of ministries, branches and localities in state management of land, ensuring unified, effective and efficient management without overlap.

Decentralize the regulation of administrative procedures and processes on land and attach them to the responsibility of each local government level in accordance with the policy, requirements for administrative procedure reform and specific conditions for each stage.

Review and amend the authority to reclaim land, allocate land, lease land, permit conversion of land use purposes, grant certificates of land use rights, house ownership rights and other assets attached to land in a way that both ensures the unified management of the Central Government and promotes the initiative of localities. Strictly control the permission to convert the use of rice-growing land, special-use forest land, and protective forest land to non-agricultural land. Adjust the authority of provincial and district levels to suit the requirements of administrative reform.

Strengthen supervision of cadres and civil servants performing their duties in land management; strictly handle cases of harassment and inconvenience to people and businesses.

10- Inspect and resolve disputes, complaints and denunciations about land

Competent authorities must focus on promptly and thoroughly resolving land disputes, complaints and denunciations in accordance with the provisions of law on complaints, denunciations, administrative proceedings and civil proceedings; and publicly announce the results of the resolution.

Strengthen and perfect the system of land inspection and courts at all levels; improve the capacity of the team of adjudicators to meet the requirements of the task. Pay attention to training and improving the qualifications of the team of inspectors, adjudicators, and dispute resolution, complaints and denunciations related to land. Review, amend and supplement strong enough sanctions for violations.

11- Improving land management capacity

Promote the investigation and assessment of land quality and potential to meet the requirements of land management and use, climate change response and sustainable development. Disseminate and educate the community on land policies and laws, especially for people in remote areas and ethnic minority areas.

Prioritize investment in building a database and information infrastructure on land and assets attached to land in a modern, public, transparent, and multi-purpose manner; gradually shift to electronic transactions in the land sector. Strive to basically complete the construction of a land information system by 2020.

Continue to improve the organizational structure, improve the capacity of cadres and civil servants in the land management sector; focus on training, fostering and improving the capacity of cadres to meet the requirements of state management tasks on land.

Continue to consolidate and improve the organization and operating mechanism of the Land Use Rights Registration Office according to the public service model, focusing on one level in provinces and centrally-run cities and having branches located in districts, towns, and densely populated areas to facilitate people; initially implementing in urban areas.

Perfecting mechanisms and policies, enhancing the capacity of the Land Fund Development Organization, gradually transforming the Land Fund Development Organization into a land fund development enterprise model; developing diverse types of land services.

IV- IMPLEMENTATION ORGANIZATION

- Party committees at all levels, party delegations, and party executive committees must thoroughly grasp the content of the Resolution and strengthen leadership, creating unity in both awareness and action in implementing the Resolution.

- In 2013, the Politburo directed the summary of the implementation of Resolution No. 28-NQ/TW, dated June 16, 2003 on continuing to arrange, innovate and develop state-owned agricultural and forestry farms to have a plan to reorganize agricultural and forestry farms, with mechanisms and policies to ensure the use of forestry land with economic and social efficiency associated with the protection of the ecological environment.

- The National Assembly Party Delegation directs the amendment and supplementation of the 2003 Land Law; at the same time reviews and perfects relevant laws, creating a legal basis for the implementation of the Resolution and supervising its implementation nationwide.

- The Government Party Committee directs the amendment and supplementation of sub-law documents; directs ministries, branches and localities to develop and organize the implementation of specific programs and plans to implement the Resolution in a synchronous and effective manner. Regularly monitor, inspect and evaluate the implementation of the Resolution and promptly adjust specific programs, plans and solutions in accordance with practical requirements.

- The Vietnam Fatherland Front and mass organizations promote the mobilization of all classes of people to actively participate in and supervise the implementation of the Resolution.

- Party committees at the Central level, according to their functions, assist the Party Central Committee, the Politburo, and the Secretariat in monitoring and inspecting the implementation of the Resolution. The Party Central Office coordinates with relevant agencies to monitor the implementation of the Resolution and periodically reports to the Politburo, the Secretariat, and the Party Central Committee.

According to (Chinhphu.vn) – LT