What are general objectives of real estate market, including the land use right market in Vietnam, under Resolution 18 of 2022?
What are general objectives of real estate market, including the land use right market in Vietnam, under Resolution 18 of 2022?
According to Subsection 1 of Section III of Resolution 18-NQ/TW of 2022:
General Objectives
Complete the institutional framework and policies on land management and use, in a synchronized and appropriate manner, with the socialist-oriented market economy. Land resources are managed, exploited, and used ensuring economy, sustainability, highest efficiency; meeting the requirements of accelerating industrialization, modernization in a fair and socially stable manner; ensuring national defense and security; protecting the environment, adapting to climate change; creating a driving force for our country to become a high-income developed nation. The real estate market, including the land use rights market, becomes a reasonable, equitable, and efficient land allocation channel.
Thus, the general objective is: “The real estate market, including the land use rights market, becomes a reasonable, equitable, and efficient land allocation channel.”
What are general objectives of real estate market, including the land use right market in Vietnam, under Resolution 18 of 2022? (Image from the Internet)
Tasks and Solutions for Perfecting Regulations on land allocation, leasing, and repurposing in Vietnam
According to Subsection 2 of Section IV of Resolution 18-NQ/TW of 2022, it is clearly stated the tasks and solutions for perfecting regulations on land allocation, leasing, and repurposing in Vietnam as follows:
- Implement land allocation and leasing primarily through land use rights auctions and bidding for land use projects.
- Specifically stipulate land use rights auctions and bidding for projects with land use; restrict and strictly regulate cases of land allocation and leasing without going through land use rights auctions, bidding for projects with land use; ensure transparency and openness, with uniform and specific mechanisms to handle violations regarding land allocation and leasing, particularly related to land use rights auctions and bidding for projects with land use.
- Essentially implement land leasing with annual rent payment and specifically stipulate cases for one-time land rent payment, appropriate to the nature and purpose of land use, ensuring stable revenue, avoiding budget losses.
- The State allocates land without land levy for places of worship, headquarters of religious organizations.
- Religious organizations using land for other purposes must pay land rent to the State as per legal provisions.
- Stipulate conditions for land allocation, leasing, and usage limits for religious organizations suitable with the existing local land resources.
- Strengthen management, strictly control the conversion of land use purpose, especially rice cultivation land, protective forest land, special-use forest land, natural production forest land, land of state enterprises being divested or undergoing equitization, and multi-purpose land use; enhance decentralization and delegation, coupled with inspection and supervision, streamline administrative procedures in land use conversion.
Tasks and Solutions for Perfecting Regulations on Compensation, Support, Resettlement, and Land Recovery for National Defense and Security Purposes; Economic and Social Development for National and Public Interests in Vietnam
According to Subsection 2 of Section IV of Resolution 18-NQ/TW of 2022, it clearly states the tasks and solutions for perfecting regulations on compensation, support, resettlement, and land recovery for national defense and security purposes; economic and social development for national and public interests in Vietnam as follows:
- Land recovery must comply with the Constitution and law; only to be executed post approval of compensation, support, and resettlement plans. For cases of land recovery requiring resettlement, resettlement must be arranged before land recovery.
Compensation, support, and resettlement must precede land recovery, ensuring transparency and fairness, harmonizing the interests of the State, landholders, and investors as stipulated by the Constitution and law; specific provisions regarding compensation, support, and resettlement so that post land recovery, affected residents have accommodation, ensuring a life equal to or better than the previous living conditions.
Effectively implement vocational training, job creation, production reorganization, and livelihood stabilization for those with land recovery. Continue piloting and soon summarizing the policy of separating compensation, support, and resettlement projects from investment projects for prior execution.
- Specifically stipulate authority, purpose, scope of land recovery, conditions, criteria for state land recovery for economic and social development for national and public interests. Continue implementing the mechanism for self-negotiation between people and enterprises in land use rights transfer for urban and commercial housing projects.
Streamline, efficiently operate, and ensure the capacity of the land fund development organizations to create, manage, and utilize the land fund, excellently performing the tasks of compensation, support, and resettlement upon State land recovery.
- Specifically regulate the effective utilization of adjacent land funds with infrastructure projects according to land use planning and priorities for individuals with homestead land recovery to be allocated land or buy houses on expanded recovered land as per legal provisions.
For economic and social development projects aligned with land use planning, expedite the formulation and completion of mechanisms and policies for organizations, households, and individuals with land use rights to participate with investors in projects through transfer, leasing, or capital contribution with land use rights.
- Stipulate the mechanism for contributing land use rights, adjusting land for urban and rural residential development and revitalization projects.
Introduce specific and comprehensive sanctions for handling cases where allocated or leased land by the State remains unused or is delayed in usage. Strictly recover land from organizations, state agencies, public service providers that misuse land, especially at advantageous, high-profit locations, to prevent loss of state capital and assets.
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