Vietnam: Resolutely recovering land used by state agencies for improper purposes in order to prevent loss of state capital and property?
- How to innovate and improve the quality of land use planning and plans according to Vietnamese regulations?
- How to improve regulations on land allocation, land lease, and land use purpose change according to Vietnamese regulations?
- Improving regulations on land acquisition and use authority according to Vietnamese regulations?
How to innovate and improve the quality of land use planning and plans according to Vietnamese regulations?
According to subsection 2, Section IV, Resolution 18-NQ/TW in 2022, the 5th time of the XIII Central Executive Committee:
- National master plans, as well as land-use master plans, and sectoral and sectoral master plans that use land must be appropriate, unified, synchronous, closely linked, and promote each other for development.
- Land use master plans and plans are made at the national, provincial, and district levels, meeting the requirements of implementing the strategy for rapid and sustainable socio-economic development; ensuring national defense and security; environmental protection, and adaptation to climate change.
- The content of land use planning must combine the criteria of land types associated with space, zoning of land use, and natural ecosystem, showing information about each land parcel. The determination of land use norms must be suitable to the needs of land use, avoiding waste in land allocation, management, and use.
- To clearly and closely stipulate the approval and issuance of annual land-use plans. The State shall ensure sufficient resources for the elaboration of land use plannings and master plans on sectors and fields that use land.
How to improve regulations on land allocation, land lease, and land use purpose change according to Vietnamese regulations?
According to subsection 2, Section IV, Resolution 18-NQ/TW in 2022, the 5th time of the XIII Central Executive Committee:
- Implement the land allocation and land lease mainly through the auction of land use rights, and bidding for projects using the land.
- Specify regulations on the auction of land use rights, and bidding for projects using land; restrict and strictly regulate the cases of land allocation or land lease without auction of land use rights or bidding for projects using land; ensure publicity, transparency, and have a synchronous and specific mechanism to handle violations of regulations on land allocation and land lease, especially related to auction of land use rights and bidding for projects using land-use rights. soil.
- Basically, implement the form of the land lease with annual payment and specify the cases of a one-time payment of land rent, suitable to the nature and purpose of land use, ensuring a stable source of income, and avoiding loss of income. out of the state budget. The State shall allocate land with a limit without collection of land use levy for land used as worship facilities and offices of religious organizations.
- Religious organizations that use the land for other purposes must pay land rent to the State in accordance with the law.
- Stipulate the conditions for land allocation, land lease, and use limit for religious organizations in accordance with the existing land fund of the locality.
- Strengthen the management and strictly control the change of land use purposes, especially land for rice cultivation, protection forest land, special-use forest land, production forest land which is natural forest, and the land of enterprises. State-owned enterprises divest, equitize and land for multi-purpose use; strengthen decentralization and decentralization along with inspection and supervision, and speed up reform of administrative procedures in land use purpose change.
- The land acquisition must comply with the Constitution and laws; only be implemented after the compensation, support, and resettlement plan is approved. In case of land recovery, resettlement must be arranged, the resettlement arrangement must be completed before the land is recovered. The compensation, support, and resettlement must go one step ahead, ensuring publicity, transparency, and harmonization of the interests of the State, the person whose land is recovered, and the investor in accordance with the Constitution and the law; there are specific regulations on compensation, support, and resettlement so that after the land is recovered, people whose land is recovered must have a place to live and ensure a life equal to or better than the old place.
- Effectively implement vocational training, create jobs, reorganize production, and stabilize life for people whose land is recovered.
- Continue to pilot and soon summarize the policy of separating compensation, support, and resettlement projects from investment projects for implementation first.
Vietnam: Resolutely recovering land used by state agencies for improper purposes in order to prevent loss of state capital and property?
Improving regulations on land acquisition and use authority according to Vietnamese regulations?
According to subsection 2, Section IV, Resolution 18-NQ/TW in 2022, the 5th time of the XIII Central Executive Committee:
- Specify regulations on authority, purpose, the scope of land recovery, specific conditions, and criteria for land recovery by the State for socio-economic development for national and public interests.
- Continue to implement the self-negotiation mechanism between people and businesses in the transfer of land use rights to implement urban and commercial housing projects.
- Perfect the organization, apparatus, operation mechanism, and financial mechanism of land fund development organizations, ensuring lean, efficient operation, and sufficient capacity to create, manage and exploit land funds, perform well the tasks of compensation, support, and resettlement when the State recovers land.
- Specify the effective exploitation of the land fund adjacent to infrastructure works according to master plans and plans on land use and priority policies for people whose residential land has been recovered to be allocated land or buy houses in accordance with the provisions of law. For socio-economic development projects in accordance with master plans and plans on land use, it is necessary to soon develop and perfect mechanisms and policies so that organizations, households, and individuals have the right to use land. land to participate with investors to implement projects in the form of transfer, lease, and capital contribution with land use rights.
- Regulations on the mechanism of land use right contribution and land adjustment for urban development and embellishment projects and rural residential areas.
- Specific and synchronous sanctions to handle cases in which land has been allocated or leased by the State but has not been used or is used late.
- Resolutely recover land from organizations, state agencies, and non-business units that use the land for improper purposes, especially at locations with advantages and high profitability, and prevent loss of state capital and property.
Thus, according to Resolution 18-NQ/TW in 2022, the Central Executive Committee has issued a resolute opinion on land recovery of organizations, state agencies, and non-business units that use land for improper purposes. especially at locations with advantages and high profitability to prevent loss of state capital and assets.
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