Conclusions on the two draft Decrees guiding the Land Law of Vietnam

Conclusions on the two draft Decrees guiding the Land Law of Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

On May 10, 2024, the Government Office of Vietnam issued Notification 208/TB-VPCP on the conclusions of Deputy Prime Minister Tran Hong Ha at the meeting on the draft Decree on compensation, support, and resettlement upon land expropriation by the State and the Decree on land prices.

Conclusions on the two draft Decrees guiding the Land Law of Vietnam

After hearing the report of the Ministry of Natural Resources and Environment of Vietnam on the content of the two draft Decrees, the opinions expressed by the attending delegates, in order to timely issue quality, and feasible Government's Decrees, Deputy Prime Minister Tran Hong Ha has concluded the following:

- Highly appreciating the Ministry of Natural Resources and Environment for seriously implementing the government's guidance, being active and proactive in the development of document detailing the implementation of the Land Law 2024 in accordance with the prescribed process of issuing legislative documents; sincere thanks for the dedicated contributions based on science and practice from the National Assembly, ministries, central authorities, political and social organizations, localities, associations, experts, and scientists regarding the draft Decree on compensation, support, and resettlement upon land expropriation by the State and the draft Decree on land prices.

- The Land Law 2024 has many new principles and policies, breakthroughs in compensation, support, and resettlement upon land expropriation by the State and land prices; these are two important, sensitive, and breakthrough Decrees to ensure fairness, social security, and benefiting people in the development process.

The drafting of the Decrees must adhere closely to the principles and fully institutionalize the contents of the Land Law 2024 assigned by the Government; without redefining the contents already stipulated in the Law. To complete the Decrees on schedule and ensure the required quality, the following tasks need to be promptly implemented by the ministries and central authorities in Vietnam:

+ The Ministry of Natural Resources and Environment, in coordination with the Ministry of Finance, the Ministry of Agriculture and Rural Development, when submitting to the Government, must affirm and take responsibility for clarifying the scope and content of the Decrees in accordance with the Land Law 2024 assigned by the Government.

+ The Ministry of Justice, in coordination with the Government Office, shall review and take responsibility for the sequence, procedures, and ensure consistency in content between the Decrees and between the Decrees and the Land Law 2024, ensuring compliance with land laws and laws on issuing legislative documents; ensuring no omission of the regulations assigned by the Law.

- Regarding the draft Decree on land prices, the Ministry of Natural Resources and Environment, in coordination with the relevant ministries, central authorities, localities, the Vietnam Chamber of Commerce and Industry, the Valuation Association, the Vietnam National Real Estate Association, the Ho Chi Minh City Real Estate Association, and experts, shall improve the content of the draft Decree, including clarifying the legal basis and practicality, institutionalizing the method of land valuation in line with the content of the Land Law 2024 assigned by the Government, ensuring the methodology and feasibility when the Decree is issued, taking into account the use of mass land valuation methods, and establishing value zones when conditions are met.

- Regarding the draft Decree on compensation, support, and resettlement upon land expropriation by the State, the Ministry of Natural Resources and Environment, in coordination with the relevant ministries, central authorities, and localities, political and social organizations, shall improve the content of the draft Decree, including grouping the target subjects to ensure that the policy can be effectively implemented, without leaving any subjects behind, ensuring consistency and fairness in the process of compensation, support, and resettlement upon land expropriation by the State.

- The Chairpersons of the People's Committees of provinces and centrally-run cities shall direct functional agencies and submit reports to the Ministry of Natural Resources and Environment and the Government Office to provide opinions on the two above-mentioned draft Decrees, specifically stating:

(i) The agreed contents;

(ii) The contents that are not agreed upon, requesting amendments and providing reasons;

(iii) The proposed additional contents. The report should be submitted before May 11, 2024.

- The Government Office will hold weekly meetings chaired by the Deputy Prime Minister to hear reports from ministries on the results of implementing the issuance of detailed regulations for implementing the Land Law 2024; timely summarize and report to the Deputy Prime Minister the proposals from localities and organizations regarding the draft Decrees guiding the Land Law 2024.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE