The Project on amending Land Law project to be approved at the extraordinary National Assembly session in January 2024 in Vietnam

The Project on amending Land Law project to be approved at the extraordinary National Assembly session in January 2024 in Vietnam (Internet image)

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

On January 5, 2024, the Government issued Resolution 05/NQ-CP at the thematic meeting on lawmaking in December 2023, which mentioned consideration of approving the revised Land Law project.

The Project on amending Land Law project to be approved at the extraordinary National Assembly session in January 2024 in Vietnam

Specifically, the Land Law project (amended) has been submitted to the National Assembly by the Government at 03 National Assembly Sessions. The National Assembly gave opinions at the 4th, 5th, and 6th Sessions (2022–2023). The Government has accepted the opinions of the National Assembly Delegates in accordance with the provisions of the Law on Promulgation of Legal Documents. The Land Law (amended) project is a difficult and complex project, with many important and sensitive policies and many different opinions in the process of commenting and completing.

The Government assigned the Ministry of Natural Resources and Environment to continue to receive opinions from Government Members, especially opinions from relevant ministries and branches on: auctions and judgment enforcement; planning, bidding procedures, land allocation, land lease associated with the process of approving investment projects, public investment projects, separating compensation and site clearance projects into independent projects; Cases of land valuation and methods of land valuation, land use fees, land rent, land development fund; mortgage of assets such as houses and real estate projects; defense and security land; forestry planning, conversion of forest land, agricultural land... ; Coordinate with the Ministry of Justice on the consistency of the legal system to propose amendments and supplements to other laws in the draft Law.

The Ministry of Natural Resources and Environment urgently receives comments from Government Members on proposals to receive, revise, and fully demonstrate the content received in the draft Law to remove practical problems, improve mechanisms and policies on open land, and facilitate production, business activities and socio-economic development; At the same time, there is a strict management, inspection and control mechanism to avoid loss of state assets, prevent negative and group interests, and ensure the consistency of the legal system closely coordinate with agencies of the National Assembly in the process of receiving, revising, and creating consensus when submitting this Law project to the National Assembly in January 2024.

In addition, the Government assigns tasks until the National Assembly gives its opinion and approves the Land Law project (amended):

- Assign the Minister of Natural Resources and Environment to take full responsibility for receiving and completing the draft Land Law (amended); urgently receive and fully explain the opinions of Government Members at this Meeting and in the Opinion Form of Government Members. Ministry of Natural Resources and Environment chair and coordinate with relevant ministries and agencies; coordinate closely with the National Assembly's Economic Committee and relevant ministries and agencies to promptly report to the Government and Prime Minister on contents arising before the National Assembly considers and approves the Land Law project (amended) at the extraordinary National Assembly session in January 2024.

- Assign ministries and agencies to proactively coordinate with the Ministry of Natural Resources and Environment on contents under their state management in the process of revising and completing the draft Land Law (amended).

- Assign the Ministry of Justice to closely coordinate with the Ministry of Natural Resources and Environment in performing tasks according to the provisions of the Law on Promulgation of Legal Documents.

- The Government Office urges the implementation of tasks by ministries and agencies according to the Government's working regulations.

- Deputy Prime Minister Tran Hong Ha directs the completion of the Land Law project (amended).

Regarding the effectiveness of law enforcement: Agree on the expected implementation effect of the Land Law (amended) from January 1, 2025 to synchronize with the effect of the Law on Housing and Law on Real Estate Business passed by the National Assembly at the 6th Session; a proposal to take effect sooner for regulations on sea reclamation activities; and regulations to amend and supplement a number of articles of the Law on Forestry.

More details can be found in Resolution 05/NQ-CP dated January 5, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE