28/06/2022 08:18

Resolution 18/NQ-TW: Abolish the land price bracket and determine land prices according to the market principles in Vietnam

Resolution 18/NQ-TW: Abolish the land price bracket and determine land prices according to the market principles in Vietnam

At the 5th Conference, the 13th Central Committee of the Communist Party of Vietnam issued Resolution 18-NQ/TW in 2022 on "Continuing to renovate and perfect institutions and policies, improving effectiveness and efficiency; land management and use of land, creating a driving force to turn our country into a high-income developed country".

According to the Resolution, the Central Committee issued a series of new orientations on land management and use. In particular:

1. Innovating and improving the quality of land use master plans and plans

National master plans, as well as land use master plans and master plans for sectors and fields that use land, must be consistent, 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 to meet 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 criteria of land types associated with space, land use zoning, and natural ecosystems, showing information for 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.

clearly and closely stipulating the approval and issuance of annual land use plans.

The state must provide adequate resources for the development of land use plans and master plans for sectors and fields that use land.

2. Completing land allocation, lease, and land use purpose change regulations

Land allocation and land lease shall be carried out mainly through auction of land use rights and bidding for projects using land. Specific regulations on auction of land use rights, 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. Basically implement the form of land lease with an annual payment and specify the cases of one-time payment of land rent, suitable to the nature and purpose of land use, to ensure a stable income source and avoid state budget loss.

The State shall allocate land with a limit without collection of a land use levy for land used as worship facilities and offices of religious organizations. According to the law, religious organizations that use land for other purposes must pay land rent to the state. Conditions for land allocation, land lease, and usage limits for religious organizations are stipulated in accordance with the existing land fund of the locality.

Strengthening the management and strictly controlling 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 land of enterprises. State divestment, equitization and multi-purpose land use; strengthening decentralization and decentralization along with inspection and supervision, speeding up reform of administrative procedures in land use and purpose change.

3. Completing regulations on compensation, assistance, resettlement, and land recovery for defense and security purposes; socioeconomic development in the national and public interest

The land acquisition must comply with the Constitution of Vietnam and the law and be implemented only after the compensation, support, and resettlement plan are approved. In the case of land recovery, resettlement must be arranged and the resettlement arrangement must be completed before the land is recovered. The compensation, support, and resettlement must be 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 land is recovered, the people whose land is recovered must have a place to live and ensure a life equal to or better than the old place; they 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.

More specific regulations on authority, purpose, 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-agreement mechanism between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects. Perfect the organization, apparatus, operation mechanism, and financial mechanism of land fund development organizations to ensure streamlined, efficient operations and adequate capacity to create, manage, and exploit land funds; well perform compensation, support, and resettlement tasks when the State recovers land.

Specifying 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 or purchased houses on the land. The recovered land area has been expanded according to the provisions of the law. For socio-economic development projects to be carried out 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, or 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. There are specific and synchronous sanctions to handle cases in which land has been allocated or leased by the State but has not been used or has been used late. To resolutely recover land from organizations, state agencies, and non-business units that use land for improper purposes, especially at locations with advantages and high profitability, and to prevent the loss of capital and assets. government.

4. Completing the land price determination mechanism

Abolish the land price bracket, adopt a mechanism and method for determining land prices according to market principles, and prescribe the functions, tasks, and responsibilities of the agency in charge of land price determination. The Central Government shall develop criteria and procedures for inspecting and supervising localities in formulating land price lists. Provincial-level People's Councils decide, inspect, and supervise the implementation of land prices. There is an effective mechanism to improve the quality of land valuation, ensure the independence of the land price appraisal council, the capacity of the consulting organization to determine the land price, and the capacity and ethics of the appraisers. pellets. Supplement and complete regulations to ensure publicity and transparency, such as: publicizing land prices, compulsorily trading through trading floors, paying via banks, not using cash; strictly handling violations...

5. Completing financial mechanisms and policies on land

Financial policies on land must harmonize the interests of the state, land users, and investors; have a reasonable and effective regulation mechanism for revenue from land use levy and land rent between the central and local governments; Land Research has a policy to regulate land rent disparity, ensuring publicity and transparency. Examine the tax policies and laws governing agricultural and non-agricultural land use; Developing policies and laws on land use tax according to international practices, suitable to the level of development and specific conditions, and appropriate route; Increasing tax rates for users of large areas of land, many houses, land speculation, slow land use, and abandoned land; adopting preferential policies on tax, land use levy, and land rent suitable to the fields and areas eligible for investment incentives; for poor households, ethnic minorities, and families of people with meritorious services to the revolution; production planning in localities to ensure national food security and protection of forests, especially protected forests and special-use forests.

6. Completing legal regulations pertaining to the real estate market, including the land use rights market

Promoting the commercialization of land use rights; developing a real estate market information system linked to land information; and enacting policies to promote the development of the land use right market, particularly the agricultural land rental market. Improve the legal basis and strengthen the implementation of non-cash payments in real estate transactions. Having a mechanism to ensure the healthy, safe, and sustainable development of the real estate market; strictly controlling and overcoming land speculation.

7. Completing mechanisms and policies for agricultural land management and use

Expanding the subjects and limits for receiving agricultural land use rights transfer in accordance with the characteristics and conditions of each region and locality; with the change of occupations, jobs, and labor in rural areas; creating favorable conditions for agricultural land users to change the purpose of crop and livestock production; improving the efficiency of agricultural land use in accordance with the plan; strengthening soil quality management; and overcoming skepticism

Developing regulations on banks for leasing agricultural land; Developing appropriate mechanisms and policies and organize the recovery of contracted land without investment from agricultural and forestry companies to the locality for management and implementation of land allocation and lease according to regulations and in accordance with regulations. with the conditions of each locality, region, and region. There are appropriate policies in place to prioritize land allocation to ethnic minorities who lack productive land, along with effective mechanisms to prevent people from transferring land after being allocated land.

8. Developing legal guidelines for multi-purpose land management and use

Supplementing and completing regulations on defense and security land management and use on the basis of summarizing the piloting of a number of policies to remove obstacles and backlogs in defense and security land management and use combined with production and economic construction Supplement regulations on residential land in combination with trade and services; agricultural land combined with trade and services; land for tourism projects with spiritual elements; Regulations on land use regimes for the construction of aerial works, underground works, and land formed from sea reclamation activities.

See details at Resolution 18/NQ-TW dated June 16, 2022.

Nhu Y

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