What are regulations on urgently organizing the collection of people's opinions on the draft Land Law (amended) 2023 in Vietnam?

What are regulations on urgently organizing the collection of people's opinions on the draft Land Law (amended) 2023 in Vietnam?

Pursuant to Section 2 of Official telegram 32 CD-TTg of 2023, the following is stated:

2. Presidents of People's Committees of provinces and municipality-controlled cities:

a) Expeditiously organize the collection of People's opinions on the draft Land Law (amended) for the subjects in the area, focusing on the classes of the People, and land policies with characteristics of the local people. Summarize and develop a report on the results of collecting people's opinions and send it to the Ministry of Natural Resources and Environment according to the deadline specified in the Government's Resolution No.170/NQ-CP.

b) The localities that have not yet implemented the plan to collect the People's opinions must seriously review the delay in promulgating the Plan and organizing the collection of People's opinions on the draft Land Law (amended).

According to this Article, the Presidents of the People's Committees of the provinces and municipality-controlled cities must urgently organize the collection of People's opinions on the draft Land Law (amended) for the subjects and classes of the People in geographical areas and policies on land with specific characteristics of regions in Vietnam.

What are regulations on Ministers, Ministerial-level agencies, heads of agencies attached to the Government to urgently collect comments on the draft Land Law (latest amendment) from officials, civil servants and public employees in Vietnam?

In Section 1 of Official telegram 32 CD-TTg of 2023, the following is stated:

Implementing Resolution No. 671/NQ- U BTVQH15 dated December 23, 2022 of the National Assembly Standing Committee on organizing the collection of People's opinions on the draft Land Law (amended), the Government has issued Resolution No. 170/NQ-CP dated December 31, 2022 on the Plan to collect People's opinions on the draft Land Law (amended), which has assigned specific tasks to ministries and sectors, local. Through the report of the Ministry of Natural Resources and Environment, many localities have so far issued plans to organize the collection of People's opinions on the draft Land Law (amended). However, through reflection, the progress of collecting People's opinions in many ministries, branches and localities is still very slow.

In order to ensure the good implementation of Resolution No. 671/NQ-UBTVQH15 of the National Assembly Standing Committee and Resolution No. 170/NQ-CP of the Government, promote the right to mastery, mobilize the wisdom and enthusiasm of the whole People from all walks of life in formulating the Land Law (amended) project, the Prime Minister requested:

1. Ministers of ministries, ministerial-level agencies, heads of agencies attached to the Government shall urgently organize the collection of comments on the draft Land Law (amended) from cadres, civil servants, public employees and experts, scientists, managers, affiliated units, socio-professional organizations, enterprises under the management of their ministries and branches; synthesize and develop a report on the results of collecting people's opinions and send it to the Ministry of Natural Resources and Environment according to the deadline specified in the Government's Resolution No. 170/NQ-CP.

According to this Article, ministers, ministerial-level agencies, heads of government agencies urgently collect comments on the draft Land Law (latest amendment) from officials, civil servants, public employees and experts, scientists, managers, affiliated units, socio-professional organizations, enterprises within the scope of management of agencies under management competence in Vietnam.

At the same time, synthesize and develop a report on the results of collecting People's opinions and send it to the Ministry of Natural Resources and Environment on time in Vietnam.

What is content of consultation on the entire draft Land Law (amended) in Vietnam?

According to subsection 2, Section II, the plan to collect people's opinions on the draft (amended) land law issued together with Resolution 170/NQ-CP in 2022 provides as follows:

2. Contents of opinion collection:

a) Collect opinions on the entire draft Land Law (amended) including layout, content and presentation techniques of the draft Land Law (amended).

b) Collect opinions on a number of key issues of the draft Law, including: (1) Land use planning and plans; (2) Land acquisition and compensation, support and resettlement policies; (3) Land fund development; (4) Land allocation, land lease, change of land use purpose; (5) Land registration, certification and administrative procedures, land data and information; (6) Financial mechanisms and policies, land prices; (7) The regime of management and use of different types of land; (8) Decentralization, supervision and control of power; (9) Households using land. Details are in Appendix II issued with this Plan.

c) The key contents according to each group of subjects for consultation are as follows:

- Classes of people in the country and overseas Vietnamese: (1) Cases of land acquisition for socio-economic development for national and public interests; (2) Order and procedures for land recovery, grant of certificates of land use rights, ownership of houses and other land-attached assets; (3) Regulations on compensation, support and resettlement; (4) On the extension of the quota for receiving the transfer of agricultural land use rights of households and individuals; (5) On the expansion of recipients of the transfer of land use rights for rice cultivation; (6) Authority to settle land disputes; (7) Land policy towards ethnic minorities.

- Enterprises, cooperatives, business households and other economic organizations: (1) Cases where the State leases land with one-time payment for both the lease period and the land lease with annual rental payment; (2) Regulations on compensation and support when the State recovers land; (3) Cases of auction of land use rights, bidding for projects using land; (4) The use of land to implement investment projects through an agreement on land use rights; (5) The permission to transfer, mortgage the lease right in the land lease contract with annual payment; (6) Principles for determining land prices, land price lists, and specific land prices; (7) Cases of exemption or reduction of land use levy and land rent; (8) Land use regime in industrial zones.

- State agencies at central and local levels; political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations: (1) Authority to allocate or lease land, to permit Change the purpose of land use; (2) Regarding land users and households using land; (3) Grounds, authority, order and procedures for formulation and adjustment of master plans and plans on land use; (4) Land policy towards ethnic minorities; (5) Cases of land acquisition for socio-economic development for national and public interests; (6) Regulations on compensation and support when the State recovers land; (7) The use of land to implement investment projects through the agreement on land use rights; (8) The permission to transfer, mortgage the lease right in the land lease contract with annual payment; (9) Principles of land price determination, land price list, specific land prices; (10) Authority to settle land disputes.

- Experts and scientists: (1) Scope of regulation; (2) Explanation of words; (3) Contents of land use planning and plans; (4) The permission to transfer, mortgage the lease right in the land lease contract with annual payment; (5) The regime of using multi-purpose land, land for construction of underground and aerial works; (6) Principles of land price determination, land price list, specific land price.

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