New directive on submitting to the National Assembly of Vietnam for early implementation of the Land Law 2024

New directive on submitting to the National Assembly of Vietnam for early implementation of the Land Law 2024 (Internet image) 

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

On April 17, 2024, the Government Office issued Notice 168/TB-VPCP on conclusion of the meeting chaired by Deputy Prime Minister Tran Hong Ha on the implementation of guidance documents for the Land Law 2024.

New directive on submitting to the National Assembly of Vietnam for early implementation of the Land Law 2024

To propose to the National Assembly for the early implementation of the Land Law 2024 before May 5th, as directed by the Prime Minister, Deputy Prime Minister Tran Hong Ha has put forth the following requirements:

(1) The Ministry of Natural Resources and Environment shall follow the prescribed sequence and procedures in the Law on Promulgation of Legislative Documents (without using simplified procedures) in the construction and submission of decrees:

- Decree detailing the implementation of certain provisions of the Land Law 2024;

- Decree regulating fundamental land investigation, land registration, land use rights certificates, property rights associated with land, and land information systems;

- Decree regulating compensation, support, and resettlement upon land expropriation by the State;

- Decree regulating land prices, without using expedited procedures, as these are important decrees that affect all aspects of the economy, society, and the rights and interests of the people.

For the Decree on administrative sanctions in the field of land, the Ministry shall follow the steps in the process of drafting legal documents, only using expedited procedures to ensure that the effective date is consistent with the effective date of the Land Law 2024.

Regarding the Decree on compensation, support, and resettlement upon land expropriation by the State, and the Decree on land prices, the Ministry of Natural Resources and Environment shall carefully prepare the content for the report to the Deputy Prime Minister for organizing broad consultations with ministries, sectors, localities, the Vietnam Fatherland Front, its member organizations, associations, and organizations and individuals affected, to ensure that the provisions of the decrees achieve consensus, feasibility, and administrative procedure reform.

(2) The Ministry of Finance shall take the lead in drafting and submitting the Decree on land use fees, land rental fees, and the Decree on the Land Development Fund, taking into account the study of financial policies and economic tools to address the issues of agricultural and forestry land, and land of projects that have been slow to be put into use.

The Ministry of Natural Resources and Environment shall closely coordinate with the Ministry of Finance to ensure feasibility and meet the objectives set forth in the Land Law 2024.

In case there are different opinions on the regulations, the Ministry of Finance shall study and propose that the Deputy Prime Minister preside over a meeting with relevant ministries, central authorities, localities, and agencies.

(3) The Ministry of Agriculture and Rural Development shall urgently draft the Decree amending certain provisions of Decree 156/2018/NĐ-CP, which details the implementation of certain provisions of the Law on Forestry, including detailed provisions of Article 248 of the Land Law 2024.

Regarding the Decree on rice cultivation land, these are new, difficult, and relatively complex issues related to other laws and local practices, and careful research is required to have clear and feasible regulations, particularly regarding the exploitation and multi-purpose use of agricultural land.

(4) Before May 10, 2024, the Ministries of Natural Resources and Environment, Finance, Agriculture and Rural Development shall finalize the draft decrees and submit them to the Government in accordance with the prescribed sequence of the Law on Promulgation of Legislative Documents, and within 7 days, the Government shall consider and decide in accordance with its working regulations.

The draft decrees must ensure the principle of fully detailing the provisions of the Land Law 2024 assigned to the Government; ensure constitutional and legal compliance and consistency with land, housing, real estate business, finance, agriculture laws, and other related laws; ensure consistency among the decrees; implement decentralization and delegation in a thorough manner, based on conditions and criteria for implementation by localities, serving as a basis for supervision and inspection; implement digital transformation in management and provision of public services.

Furthermore, the Deputy Prime Minister also requested the Minister of Natural Resources and Environment, and the Minister of Construction to prepare proposals for the draft resolution to be submitted to the National Assembly to amend the provisions on the early enforcement of the following laws: the Land Law 2024, the Housing Law 2023, and the Law on Real Estate Business Law 2023, and submit them to the Ministry of Justice for appraisal before April 25, 2024, for the Government's consideration and decision in accordance with the prescribed sequence and procedures of the Law on Promulgation of Legislative Documents.

More details can be found in Notice 168/TB-VPCP dated April 17, 2024.

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