Many comments on the draft amendment to the Land Law related to the issuance of land use right certificates
(Baonghean.vn) - One of the contents raised at the conference to contribute ideas to the draft Land Law (amended) is that there should be no regulation on reclaiming abandoned agricultural land that is not in production, because in reality there are many areas that are not in use due to objective reasons.
Comrade Nguyen Nam Dinh - Member of the Provincial Party Standing Committee, Permanent Vice Chairman of the Provincial People's Council chaired the conference. Attending the conference were members of the Provincial Party Executive Committee: Nguyen Nhu Khoi - Vice Chairman of the Provincial People's Council, Thai Thi An Chung - Deputy Head of the Provincial National Assembly Delegation; Nguyen Van De - Vice Chairman of the Provincial People's Committee, along with leaders of provincial departments, branches, and some district-level units, along with some lawyers of the delegation and law offices.
Proposal not to reclaim abandoned agricultural land
The Draft Law on Land (amended) stipulates the land ownership regime, the powers and responsibilities of the State representing the entire people's ownership of land and uniformly managing land, the land management and use regime, the rights and obligations of citizens and land users regarding land in the territory of the Socialist Republic of Vietnam.
At the conference, leaders of provincial and local departments and branches focused on contributing ideas and supplementing many issues based on legal grounds and management practices.
Regarding land classification, some opinions said that the draft has not mentioned land classification for mixed agricultural projects such as growing annual crops, flowers, ornamental plants, medicinal mushrooms, and greenhouses, etc.; causing difficulties for localities in determining land types, and suggested adding a classification item for "mixed land".
At the same time, it is proposed to add the group of garden and pond land adjacent to residential land as a type of land in the agricultural land group because the land use regime and management regime of this type of land are different from other types of land; it is necessary to change "concentrated livestock land" to "livestock land".
The issue of land recovery has received much attention and comments, including unused agricultural land and land that has not fulfilled financial obligations to the State.
Specifically, the draft should not stipulate land recovery for unused agricultural land, because in current practice, many agricultural land areas are abandoned by people for various reasons, including factors such as inadequate irrigation or being affected by natural disasters. Therefore, for agricultural land, when people have been granted land use rights, they should be encouraged to convert it for effective production.
On the other hand, the regulation on land recovery for organizations that have not fulfilled their financial obligations for land use and land lease after 90 days of the tax authority's notice of payment is inappropriate and should be regulated after 12 months.
Some comments on determining land prices and building land price lists; suggesting that the National Assembly should have unified regulations on land prices for production, business, trade and services, avoiding each locality setting different levels as at present, equal to 50%, 60%, 70% of residential land prices, causing unfair competition in attracting investment.
Many opinions also discussed and contributed ideas on the content of compensation, support, and resettlement when the State reclaims land; resettlement arrangement; development, management, and exploitation of land funds; bases and conditions for land allocation, land lease, and permission to change land use purposes.
Delegates also commented on cases of land allocation and land lease without auction of land use rights, without bidding to select investors to implement projects using land; land allocation and land lease through auction of land use rights; land allocation and land lease through bidding to select investors to implement investment projects using land.
Some opinions proposed that there should be appropriate policies on residential land and production land for ethnic minorities. Many opinions proposed solutions related to the content of granting certificates to households and individuals and the settlement of cases where households and individuals used land in violation of land laws before July 1, 2014...
Synthesize quality feedback
Concluding the conference, comrade Nguyen Nam Dinh - Member of the Provincial Party Standing Committee, Permanent Vice Chairman of the Provincial People's Council highly appreciated the responsible research and quality comments of representatives of departments, branches and localities on the draft Land Law (amended).
The Standing Vice Chairman of the Provincial People's Council also received comments focusing on 9 groups of issues related to amending and supplementing a number of concepts and explaining terms to ensure accuracy, as a premise for application when the law is promulgated; on land use planning and planning; land classification; supplementing policies on residential land and production land for ethnic minorities; compensation, site clearance, resettlement to serve projects and investment works for socio-economic development and other purposes.
There are also financial opinions; regulations on methods for developing land price lists and specific land prices for each type of land to ensure general consistency throughout the country; and issuance of land use right certificates for transitional cases between times of law changes.
Regarding the organizational structure, functions and tasks of land management agencies; land-related authorities of the Provincial People's Council and Central agencies...
Based on the comments of the delegates, the Standing Vice Chairman of the Provincial People's Council assigned the Economic - Budget Committee of the Provincial People's Council to preside over and coordinate with the Office of the National Assembly Delegation and the Provincial People's Council, the Department of Natural Resources and Environment to synthesize the comment report and send it to the provincial departments, branches and localities for comments once again, to ensure that the comment report of Nghe An province sent to the National Assembly Standing Committee is of good quality and timely.
