Vietnam: What are the 10 highlights of the amended Draft Land Law? When will the Draft Land Law be implemented?
What are the 10 new contents of the amended Draft Land Law in Vietnam?
The 2nd draft Land Law in Vietnam (amended) is being held by competent agencies for public comment.
In order to comply with the goals set out in Resolution 18 NQ/TW in 2022, this draft has the following new contents:
(1) Renovate and improve the quality of land use plannings and plans
National plannings as well as land use plannings and sectoral plannings with land use must ensure conformity, unity, synchrony and close cohesion to promote each other for development.
Land use plannings and plans shall be prepared at the national, provincial and district levels, meeting the requirements for the implementation of the Rapid and Sustainable Socio-Economic Development Strategy; ensuring national defense and security; environmental protection, adaptation to climate change.
The contents of land use planning must combine land types associated with space, land use zoning, natural ecosystem, showing information to each land parcel.
At the same time, clearly and strictly stipulate the approval and promulgation of annual land use plans. The State shall ensure sufficient resources for the formulation of land use plannings and plannings of sectors and domains using land.
(2) Complete regulations on land allocation, land lease, land use purpose change
New regulations implement land allocation and land lease mainly through auction of land use rights and bidding for land-use projects.
Specific regulations on auction of land use rights, bidding for land-use projects; restrict and strictly regulate cases of land allocation or land lease not through auction of land use rights, bidding for land-use projects;
Basically implement the form of land lease paid annually and specify cases of one-time land rent payment, in accordance with the nature and purpose of land use, ensuring stable revenue sources, avoiding state budget losses.
Stipulate conditions for land allocation, land lease and use limits for religious organizations in accordance with the existing local land fund.
(3) Complete regulations on compensation, support, resettlement and land acquisition for national defense and security purposes; socio-economic development in the national and public interests
There are specific provisions on compensation, support and resettlement so that after land acquisition, people whose land is revoked must have a place to live, ensuring a life equal to or better than the old place.
More specific regulations on the competence, purpose and scope of land acquisition, conditions and specific criteria for the State's land acquisition for socio-economic development in the national and public interests. Continue to implement the mechanism of self-agreement between people and enterprises in the transfer of land use rights to implement urban projects and commercial housing.
Specify the effective exploitation of the land fund adjacent to infrastructure works according to plannings, land use plans and priority policies for people whose land has been confiscated to be allocated land or buy houses on the recovered land area expanded in accordance with the provisions of law...
Stipulate the mechanism for contributing land use rights, adjusting land for development projects, urban gentrification and rural residential areas.
(4) Complete the mechanism for determining land prices according to market principles, stipulating the functions, tasks and responsibilities of agencies responsible for determining land prices
Remove the land price framework, have mechanisms and methods for determining land prices according to market principles, stipulate the functions, tasks and responsibilities of agencies tasked with determining land prices.
Supplementing and completing regulations to ensure publicity and transparency such as: Publicizing land prices, mandating transactions through exchanges, paying through banks, not using cash; strictly handle violations...
(5) Perfecting financial mechanisms and policies on land
Stipulate higher tax rates for people using more land areas, more houses, land speculation, land use delay, abandonment of wasteland.
Adopt preferential policies on tax, land use and land rent suitable to the fields and areas eligible for investment incentives; for poor households,...
(6) Complete legal provisions related to the real estate market, including the land use rights market
Promote commercialization of land use rights.
Building a real estate market information system associated with land information; adopt policies to encourage the development of the land use rights market, especially the agricultural land leasing market.
Complete the legal basis and enhance the implementation of non-cash payments in real estate transactions. Have mechanisms to ensure healthy, safe and sustainable development of the real estate market; strictly control and overcome land speculation.
(7) Complete mechanisms and policies on management and use of agricultural land
Expand objects and limits for receiving transfer of agricultural land use rights. Create favorable conditions for agricultural land users to convert the purpose of producing crops and livestock. Strengthen soil quality management, overcome degradation and deterioration of soil quality.
Develop regulations on banks leasing agricultural land.
Develop appropriate mechanisms and policies and organize the recovery of non-investment allocated land from agricultural and forestry companies to localities to manage and implement land allocation and land lease according to regulations, in accordance with the conditions of each locality, region and region.
(8) Develop legal provisions for multi-purpose combined land management and use
Regulations on management and use of land combined with multi-purpose, residential land combined with trade and services; agricultural land combined with trade and services; defense and security land combined with economy; tourism project land has a spiritual element; land for construction of aerial works, underground works, land formed from land reclamation activities.
(9) Promote administrative reform and digital transformation in the field of land management and use; ensure centralized and unified management, operation, connection and sharing of information from the central to local levels. At the same time, continue to promote decentralization, decentralization goes hand in hand with supervision, control of power.
(10) Strengthen the inspection, inspection, supervision and handling of violations; settlement of disputes, complaints and denunciations related to land; tighten discipline, discipline, prevent and combat corruption and negativity.
See the full Draft Land Law (amended) here.
Vietnam: What are the 10 highlights of the amended Draft Land Law? When will the Draft Land Law be implemented?
When will the draft Land Law be consulted in Vietnam?
Pursuant to subsection 4, Section II, the plan for collecting people's opinions on the draft Land Law (amended) issued together with Resolution 170/NQ-CP in 2022.
The time to collect people's opinions on the draft Land Law (amended) is started from March 01, 2023 and is implemented until the end of March 15, 2023.
Will the National Assembly of Vietnam approve the Land Law project in 2023?
According to Resolution 150/NQ-CP in 2022 on the Land Law project completion plan (amended), the Government of Vietnam sets out the progress to complete the amended Land Law project.
Accordingly, the Government of Vietnam sets out the next tasks that need to be performed for the 5th session, the 6th session, the XVth National Assembly of Vietnam (until the end of 2023) to complete the Land Law project (amended). Thus, in 2023, it will be completed to submit to the National Assembly of Vietnam for approval the land law project (amended).
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