Vietnam: What are the 18 contents in Draft Law on amendments to Law on Land agreed at the 5th Extraordinary Session of the XV National Assembly?
- What are the 18 contents in Draft Law on amendments to Law on Land agreed at the 5th Extraordinary Session of the XV National Assembly in Vietnam?
- What is the closing date of the 5th Extraordinary Session of the XV National Assembly in Vietnam?
- What are the regulations on the agenda of an extraordinary session of the National Assembly of Vietnam?
What are the 18 contents in Draft Law on amendments to Law on Land agreed at the 5th Extraordinary Session of the XV National Assembly in Vietnam?
After corrections, the Draft Law on amendments to Law on Land submitted to the National Assembly of Vietnam at the 5th Extraordinary Session includes 16 chapters, 260 articles, removes 05 articles, makes amendments to 250 articles (both content and technical) compared to the Draft Law submitted to the National Assembly of Vietnam at the 6th session.
With regard to the major contents to be discussed at the 6th session, based on thorough research, discussion, exchange, and review, relevant agencies have agreed to correct and complete the contents on:
(1) Rights and obligations to land use of overseas Vietnamese.
(2) Failure to expand the scope of receiving land use right transfer by foreign-invested economic organizations (Article 28).
(3) Cases where foreign-invested economic organizations receive the transfer of real estate projects by the law on real estate business.
(4) Rights and obligations of economic organizations and public service providers using leased with lump-sum payment of land rent for the entire lease duration to land-attached assets (Article 34);
(5) Conditions for receiving trade or gifts in the form of land use rights of paddy land by individuals without directly participating in agricultural activities (Clause 7 of Article 45);
(6) Principles for formulation and approval of land use planning at all levels (Clause 9 of Article 60);
(7) Land use targets defined in provincial and district-level land use planning (Articles 65 and 66);
(8) Organization of the implementation of land use plannings and plans, the allocation of provincial and district-level land use targets (Article 76);
(9) Land expropriation for implementation of commercial housing projects and mixed-use commercial real estate projects (Clause 27, Article 79).
(10) Development, exploitation, and management of land funds (Chapter VIII).
(11) Relationship between cases of land expropriation and agreement on receiving land use rights or owning land use rights for implementation of socio-economic development projects not funded from the state budget.
(12) Types of land for implementation of commercial housing projects through agreements on receiving land use rights or owning land use rights.
(13) Issuance of certificates to households and individuals using land without documents on land use rights that do not violate the land law, not in cases where land is allocated without proper competence (Clause 3, Article 138).
(14) Land rent paid annually (paragraph 3 of Article 153),
(15) Contents of land valuation methods and the cases and conditions for application of each method (Article 158).
(16) Sea reclamation activities (Article 190).
(17) Entities entitled to use defense and security land in combination with economic development and production activities (Clause 1, Article 201); rights and obligations of military and police enterprises when using defense and security land in combination with economic development and production activities (Point h, Clause 3, Article 201).
(18) Failure to amend or supplement the Law on Public Investment.
Source: Government Web Portal
What is the closing date of the 5th Extraordinary Session of the XV National Assembly in Vietnam?
Article 90 of the Law on Organization of the National Assembly 2014 specifies:
National Assembly sessions
1. The National Assembly shall hold its sessions in public.
The National Assembly may, when necessary and at the proposal of the President, Standing Committee of the National Assembly, Prime Minister or by at least one-third of the total number of National Assembly deputies, decide to conduct a closed session.
2. The National Assembly shall hold two regular sessions a year.
The National Assembly shall hold an extraordinary session when so requested by the President, Standing Committee of the National Assembly, Prime Minister, or at least one-third of the total number of National Assembly deputies.
3. The National Assembly shall discuss and decide on matters falling within its tasks and powers at its sessions according to the procedures provided in the Rules on National Assembly sessions and other related laws.
Accordingly, Clause 2, Article 90 of the Law on Organization of the National Assembly 2014 stipulates the extraordinary session of the National Assembly as follows:
- The National Assembly shall hold two regular sessions a year.
The National Assembly shall hold an extraordinary session at the request of the President, Standing Committee of the National Assembly, Prime Minister, or at least one-third of the total number of National Assembly deputies.
Thus, the National Assembly of Vietnam shall hold an extraordinary session at the request of at least one-third of the total number of National Assembly deputies.
According to the notice of convening the session, the opening date of the session is on January 15 and the closing date is on January 18 in the form of a gathering at the National Assembly Building of Vietnam, Hanoi Capital.
What are the regulations on the agenda of an extraordinary session of the National Assembly of Vietnam?
Article 91 of the Law on Organization of the National Assembly 2014 stipulates the agendas of National Assembly sessions as follows:
Agendas of National Assembly sessions
1. On the basis of the National Assembly’s resolution and proposals of the President, the Prime Minister, the Vietnam Fatherland Front Central Committee, the Chief Justice of the
Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and the Ethnic Council, Committees and deputies of the National Assembly, the Standing Committee of the National Assembly shall prepare the agenda for a National Assembly session.
The Standing Committee of the ongoing National Assembly shall prepare the agenda for the first session of the succeeding National Assembly.
2. The tentative agenda of a National Assembly session shall be published in the mass media no later than 15 days before the session opens, for a regular session, and no later than 4 days before the session opens, for an extraordinary session.
3. The National Assembly shall decide on the agenda of its session. When necessary and at the proposal of the President, the Prime Minister, the Vietnam Fatherland Front Central Committee, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, and the Ethnic Council, Committees and deputies of the National Assembly, the Standing Committee of the National Assembly shall propose the National Assembly to decide on the modification of the session agenda.
Since the extraordinary session is still the National Assembly session, the agenda of an extraordinary session must also comply with the above regulations.
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