Current land policies and laws are still limited when the determined land price is often much lower than the market price?
Achievements in the implementation of policies and laws on land in Vietnam?
According to Section I of Resolution 18-NQ/TW in 2022, the 5th session of the Central Committee, term XIII, is as follows:
- After nearly 10 years of implementing Resolution No. 19-NQ/TW of the 11th Party Central Committee, policies and laws on land in Vietnam have had many innovations, meeting more and more practical requirements. step by step create a legal corridor for the management and use of land more rationally, economically and effectively.
- Land use planning and plans are implemented in the direction of an integrated, interdisciplinary approach and become an important tool for the State to unify management, allocation and use of land. Land resources are exploited and used more effectively for socio-economic development, ensuring national defense, security and environmental protection; contribute to solving social problems, creating more equality among land users; initially overcome the situation of land allocation and land lease arbitrarily and rampantly. The settlement of residential and production land for ethnic minorities is concerned. The interests of stakeholders in compensation, support, resettlement, and land acquisition, as well as the lives and livelihoods of people whose land is acquired, are better cared for and secured. The rights and obligations of organizations, households and individuals using land are guaranteed and promoted, especially in the use of agricultural land.
- The real estate market, including the land use right market, develops relatively quickly; Institutions, policies on real estate market development and financial policies in the land sector have been gradually improved. Tax incentives, land use levy exemption and reduction, and land rent have made an important contribution to attracting investment, especially in remote and difficult socio-economic areas. The land policy on social housing achieved a number of important results. The land price bracket and land price list are built according to regulations, taking into account the common land prices in the market.
- The work of inspection, examination and supervision of the implementation of policies and laws on land in Vietnam, settlement of disputes, complaints, denunciations and violations of the land law has positive changes; many cases of corruption, violations of policies and laws on land were strictly handled. The capacity for state management of land has been gradually improved; The organizational system and the land management apparatus have been gradually consolidated. Administrative reform in the land sector is given more importance. The first land registration, the issuance of certificates of land use rights, ownership of houses and other land-attached assets reached a high rate. The land database was initially interested in building
Current land policies and laws are still limited when the determined land price is often much lower than the market price?
Limitations in the implementation of policies and laws on land in Vietnam?
According to Section I of Resolution 18-NQ/TW in 2022, the 5th session of the Central Committee, term XIII, is as follows:
However, the management and use of land is still limited. Some contents of the Resolution have not been institutionalized or institutionalized slowly and incompletely; The Land Law and a number of related legal documents are overlapping, inconsistent and synchronous. In some cases, policies and laws on land in Vietnam have not kept up with the rapidly changing reality.
- The system of planning, land use plans and land use master plans have not yet ensured the overall, uniform and synchronous character. The planning quality is not high, the long-term vision is limited, and the requirements for sustainable development are not met. The allocation and lease of land in some places still have many shortcomings and mistakes. The settlement of residential and productive land for ethnic minorities in some places is still slow, not effective, and has not yet achieved the set targets and requirements. The compensation, support, resettlement and land recovery in some localities is still slow and not in accordance with the Resolution and the provisions of law, affecting the rights, lives and livelihoods of people. land is recovered, causing losses to the state budget. There is no effective mechanism and no resolute handling of projects that are behind schedule or do not put land into use.
- The real estate market, including the land use right market, has not developed stably, transparently, sustainably, with many potential risks; The market for agricultural land use rights is slow to develop. Administrative reform in land management is still slow and has not met practical requirements; It is still difficult for enterprises to access land, especially small and medium enterprises. The work of land registration and statistics, especially the registration of land changes, has not been strictly implemented, and there is still a state of harassment and trouble for people and businesses.
- Financial policies in the field of land have not really encouraged the economical, efficient and sustainable use of land; waste and violations of the law on land have not been limited; structure of income from land is not sustainable.
- The methods of valuation and auction of land use rights are still inadequate and not suitable with reality.
- The land price is determined to be much lower than the market price. The situation of land price difference in bordering localities has not been thoroughly handled. There is no sanctions to handle violations in land price determination and land use right auction.
- The capacity for state management of land has not yet met the requirements. The database and land information system have not been completed. Disputes, complaints, denunciations and violations of the law on land are still complicated; petitions and letters of denunciation about land tend to increase; Many cases are slow to be handled and resolved, causing social frustration.
- Land has not been exploited and used effectively to become an important resource for socio-economic development of the country. Degradation, pollution, and landslides are becoming more and more serious. The status of agricultural land and project land is still abandoned. Some problems and inadequacies related to the management and use of land originating from state-owned agricultural and forestry farms have not been basically resolved; land for national defense and security in combination with production and economic construction; land of production establishments and non-business units that have been relocated from the centers of large urban centers; religious land; Land used for many purposes.
What are the causes of limitations in the implementation of policies and laws on land in Vietnam?
According to Section I of Resolution 18-NQ/TW in 2022, the 5th session of the Central Committee, term XIII, is as follows:
- The causes of the above limitations and weaknesses are mainly due to: There is not a high consensus on awareness about some issues related to land management and use in the social-oriented market economy. especially on the importance and significance of the entire people's ownership of land, which is represented by the State and uniformly managed by the State.
- Awareness of policies and laws on land is sometimes incorrect and incomplete. The awareness of a part of officials and people to obey the law on land is still limited. Land has historical, diverse, complex and sensitive origins.
- Policies and laws on land have many limitations, shortcomings, overlaps, lack of consistency, affecting management efficiency, creating loopholes for many individuals and organizations to take advantage of, corrupt and corrupt benefits, causing loss and waste of state property.
- Some tasks have been mentioned in the Resolution but have not been well organized. The implementation of policies and laws on land is not strict. The decentralization and decentralization of land management and use rights are not reasonable, not coupled with inspection, supervision and control; unclear responsibilities between the legislative, executive and judicial agencies in the role of representing the owner and unifying the state management of land.
- The major relationships in land management and use have not been handled well and the shortcomings and problems in land management and use are left behind by history and new requirements of practice.
- The settlement of disputes, complaints and denunciations about land is sometimes not timely, definitive and not in accordance with the law; and the situation of pushing, avoiding responsibility.
- The organizational system and apparatus for state management of land are not suitable to practical requirements; The mechanism and investment resources for the management apparatus are still inadequate.
Thus, in the 5th Resolution 18-NQ/TW in 2022, the 13th Central Committee of the Central Committee identified that the management and use of land still have many limitations.
Land policies and laws have not kept up with the rapid changes of reality, the determined land price is often much lower than the market price.
The situation of land price difference in bordering localities has not been thoroughly handled. There is no sanction to handle violations in land price determination, land use right auction and other causes and limitations listed above.
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