08:36 | 14/09/2024

What are details of viewpoints "Regulatory institutions and policies on land must be completed synchronously and in line with regulatory institutions in Vietnam" stated in Resolution 18?

What are details of viewpoints "Regulatory institutions and policies on land must be completed synchronously and in line with regulatory institutions in Vietnam" stated in Resolution 18?

What are details of viewpoints "Regulatory institutions and policies on land must be completed synchronously and in line with regulatory institutions in Vietnam" stated in Resolution 18?

According to sub-item 1, Section II of Resolution 18-NQ/TW 2022:

II- VIEWPOINTS

...

The State uniformly manages land across the national territory, considering aspects such as area, quality, economic, cultural, social, defense, security, and environmental value; reasonably allocates tasks among central state agencies, with decentralization and appropriate, effective delegation to local authorities, and strengthens inspection, monitoring, control, and handling of violations.

2. Land use rights are a type of asset and special commodity but are not ownership rights. Land use rights and assets attached to land are protected by law. Land users have the rights and obligations to use land in accordance with the law. The State does not recognize claims to recover land that has been allocated by the State to others during the implementation of land policies and laws; does not reallocate agricultural land that has been allocated to households or individuals; promptly adopts appropriate policies to ensure agricultural land is exploited and used most effectively.

3. The institution and policies on land must be perfected in synchronization and in accordance with the institution of developing the socialist-oriented market economy. There should be appropriate policies for each subject and type of land use to awaken potential and maximize the value of land resources; resolutely overcome the situation of corruption, negativity, land disputes, speculation, and wasteful land use.

...

Thus, Resolution 18-NQ/TW, dated June 16, 2022, of the Central Committee of the Communist Party, XIII term, states the view: “Regulatory institutions and policies on land must be completed synchronously and in line with regulatory institutions for development of the socialist-oriented market economy. It is a must to adopt regulatory policies tailored for land users and land occupancy approaches in order to help prompt potentials and maximize the value of land resources; resolutely combat any act of corruption or misconduct related to land, settle land-related lawsuits, and prevent any act of speculation and wasteful use of land.”

Resolution 18 outlines views on how the land institution and policies must be synchronized and appropriate.

What are details of viewpoints "Regulatory institutions and policies on land must be completed synchronously and in line with regulatory institutions in Vietnam" stated in Resolution 18?​ (Image from the Internet)

What are the specific objectives of enhancement of efficiency and effectiveness in management and use of land in Vietnam?

According to sub-item 2, Section III of Resolution 18-NQ/TW 2022, the specific objectives of enhancement of efficiency and effectiveness in management and use of land in Vietnam are detailed as follows:

(1) By 2025:

By 2023, the amendment of the Land Law 2013 and several related laws must be completed, ensuring synchronization and unity. Complete the construction of the digital database and a national land information system that is centralized, unified, systematic, multi-purpose, and interconnected.

Complete the reorganization of the state land management apparatus to ensure streamlining, effectiveness, efficiency, unity, and synchronization; eliminate intermediary steps, promote suitable decentralization and delegation, accompanied by mechanisms for inspection, supervision, and control of power.

Fundamentally resolve existing problems and obstacles related to the management and use of land originating from state-owned agricultural and forestry enterprises; land for defense and security combined with production and economic construction; land of production facilities and public service providers relocated from central urban areas; reclaimed land; religious land; cemetery land; land for multiple purposes; homestead land, and production land for ethnic minorities.

(2) By 2030:

The land law system will be fundamentally completed, synchronized, unified, and in accordance with the institution of developing the socialist-oriented market economy.

Overcome the condition of wasteful land use, abandoned land, pollution, degradation, and existing problems and obstacles in land management and use inherited from history.

What are the tasks and solutions to complete regulations on compensation, support, residential resettlement, land appropriation for the purpose of maintenance of national defence and security; socio-economic development in public and national interests in Vietnam?

According to sub-item 2, Section IV of Resolution 18-NQ/TW 2022, the tasks and solutions to complete regulations on compensation, support, residential resettlement, land appropriation for the purpose of maintenance of national defence and security; socio-economic development in public and national interests in Vietnam are detailed as follows:

Land recovery must comply with the Constitution and the law; only to be carried out after the compensation, support, and resettlement plan has been approved. In cases where land recovery requires resettlement, resettlement must be completed prior to land recovery. Compensation, support, and resettlement must precede, ensuring public transparency, harmonizing interests of the State, those whose land is recovered, and investors in accordance with the Constitution and the law; specifically providing for compensation, support, and resettlement so that after land recovery, people whose land is recovered must have a place to live, ensuring their life is equal to or better than their old living place. Effectively implement vocational training, job creation, production restructuring, and life stabilization for people whose land is recovered. Continue implementing pilot programs and soon summarize the policy of separating the compensation, support, and resettlement project from the investment project for prior implementation.

Further specify authority, purposes, and scope of land recovery, conditions, specific criteria for the State to recover land for economic - social development in the national and public interest. Continue the mechanism of self-negotiation between people and businesses in transferring land use rights to implement urban projects and commercial housing. Perfect the organization, apparatus, and operating mechanism, and financial mechanism of land development organizations, ensuring streamlining, effective operations, 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 effective exploitation of land funds adjacent to infrastructure works according to planning, land use plans, and policies prioritizing people with homestead land recovered to be allocated land or buy houses on the recovered land area expanded in accordance with the law. For economic - social development projects aligning with land use planning and plans, it is necessary to quickly construct and perfect mechanisms and policies for organizations, households, individuals with land use rights to participate with investors in implementing projects through forms of transferring, leasing, or contributing land use rights as capital.

Establish mechanisms for land use rights contribution, land readjustment for urban development, rural residential area projects. Put in place specific and synchronized sanctions to handle cases where land allocated or leased by the State is not used or delayed in use. Resolutely recover land from organizations, state agencies, public service providers using land improperly, especially in advantageous, high-profit potential locations, preventing loss of state capital and assets.

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