Task of finalizing the Draft decrees guiding the Land Law 2024 of Vietnam

Task of finalizing the Draft decrees guiding the Land Law 2024 of Vietnam (Internet image)

On June 26, 2024, the Government Office of Vietnam issued Notice 282/TB-VPCP on the conclusions of Deputy Prime Minister Tran Hong Ha from the meeting on draft decrees detailing the implementation of several provisions of the Land Law 2024, the draft decree on land use fees, land rental, the draft decree on land prices, and the draft decree on compensation, support, and resettlement when the State recovers land.

Task of finalizing the Draft decrees guiding the Land Law 2024 of Vietnam

For each draft decree, the drafting authority is required to preside, in coordination with related ministries, central authorities, and agencies, to focus on reviewing and incorporating comments from the meeting to finalize the draft decrees as follows:

(1) Regarding the decree detailing the implementation of some provisions of the Land Law:

• The Ministry of Natural Resources and Environment should incorporate the opinions of the People's Committees of Ho Chi Minh City and Hanoi on Articles 13, 14, 21, 22, 58, and 63 of the draft decree. Incorporate experts' opinions to complete the regulations on principles, and criteria for allocating land use targets in Article 25 of the draft decree.

• The Ministry of Natural Resources and Environment should clearly define the concepts of “emergency state” and “force majeure” in an explicit, specific, feasible, and easily applicable manner. Particularly, when the provincial People's Council is responsible for deciding on emergency or force majeure cases, specific criteria must be stipulated in the draft decree as a basis for decision-making.

• The Ministry of Natural Resources and Environment should review the articles and clauses related to planning to ensure consistency with the Land Law and the Planning Law. Incorporate the Ministry of Planning and Investment’s comments in the enforcement clauses on applying the provisions of the draft decree regarding national land use planning, defense land, security land when the Planning Law and Decree 37/2021/ND-CP detailing the implementation of the Planning Law are amended or supplemented.

• The Ministry of Natural Resources and Environment should coordinate with the Ministry of Planning and Investment to refine the articles related to bidding in the draft decree. The Ministry of Planning and Investment should tightly coordinate with the Ministry of Natural Resources and Environment in this task and submit to the government the decree on bidding for projects using land before June 16, 2024.

• The Ministry of Natural Resources and Environment should coordinate with the Ministry of Construction to review the articles related to land use for underground structures, and space above ground, and complete these contents to avoid legal gaps when the decree is issued. The Ministry of Construction should proactively coordinate with the Ministry of Natural Resources and Environment.

• The Ministry of Natural Resources and Environment should study and incorporate the feedback from expert Le Thanh Khuyen.

• Regarding regulations on sea reclamation, the Ministry of Natural Resources and Environment should coordinate with the Ministries of Agriculture and Rural Development, Construction, Planning and Investment, Justice to clarify the concept of sea reclamation projects, based on which to determine whether disaster prevention and climate change response projects fall under the category of sea reclamation projects.

Regarding the land area formed from the results of disaster prevention and climate change response projects, it is necessary to clarify whether the created land area falls within the approved project area to determine the management and use mechanisms for this land area in accordance with the law.

(2) Regarding the decree on land prices:

• Regarding costs in the surplus method, the Ministry of Natural Resources and Environment must determine according to construction law and relevant laws, with clear, specific regulations ensuring accuracy, sufficiency, non-duplication, inheriting the regulations of Decree 12/2024/ND-CP. Any supplements, adjustments, or amendments to the provisions of the decree must clearly explain the legal and practical basis, ensuring consistency with relevant laws.

The Ministry of Natural Resources and Environment should coordinate with the Ministry of Finance and expert Dr. Can Van Luc to review and complete these contents.

• Regarding land valuation training regulations, incorporate the Deputy Prime Minister’s comments at the meeting on May 24, 2024, so that the Ministry of Natural Resources and Environment issues the training framework, builds data on organizations and individuals consulting land valuation for state management purposes, and also refers (adopts) the Ministry of Finance's training and management processes on valuation. The Ministry of Natural Resources and Environment should proactively work with expert Bui Tien Thoa to finalize this content.

• Regarding conditions for land valuation consulting practice: The Ministry of Natural Resources and Environment should coordinate with the Ministry of Finance and the Vietnam Valuation Association to strictly stipulate conditions for practice, management, supervision mechanisms, and sanctions for violations in practice.

(3) Regarding the draft decree on land use fees and land rentals:

• Regarding exemptions and reductions of land rentals, the Ministry of Finance should coordinate with the Ministry of Planning and Investment to review the draft decree ensuring consistency and uniformity of the current legal system.

• On supplementary payment under transition regulations, the Ministry of Finance should work with expert Dr. Can Van Luc to review and complete a report for government consideration.

• Regarding exemption and reduction policies for PPP projects, the Ministry of Finance should supplement other areas stipulated by the government besides those already mentioned in the draft decree.

• The Ministry of Finance should quickly complete the draft decree for consultation with members following the Government's working regulations.

(4) Draft decree on compensation, support, and resettlement when the State recovers land:

• The Ministry of Natural Resources and Environment should coordinate with the Ministry of Finance to agree on the regulations on: (i) Handling cases of housing, other construction works, technical and social infrastructure attached to land being dismantled; (ii) Advance payment for site clearance by investors;

• The Ministry of Natural Resources and Environment should review the draft decree along with other draft decrees detailing the Land Law 2024 to refine the scope of regulation of the draft decree towards regulating all issues, contents on compensation, site clearance, and resettlement.

• The Ministry of Natural Resources and Environment should coordinate with related agencies to study and propose the use of social housing, and the purchase of commercial housing to serve compensation and resettlement.

Detailed content can be found in Notice 282/TB-VPCP dated June 26, 2024.

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