1. Land Law 2013 contains significant changes:

- Additional land users include economic joint venture organizations.

- Specifically: formalizing the rights and responsibilities of the state concerning land, holding heads of state agencies or organizations accountable for land under their management.

- The state has full authority to determine the purpose, limits, duration, and subjects entitled to land use rights; to determine land prices, financial policies concerning land.

- Sets conditions, authorities, and procedures for land recovery; additionally, there are strict sanctions for cases of misuse, delayed use, or non-use of allocated or leased land.

- Prohibits transactions with unregistered land with competent state agencies to restrict underground transactions.

- Adds regulations for land resource investigation, assessment, and reporting, drafting land use planning (a five-tier system), establishing administrative boundaries.

- Specifically: conditions for land allocation and leasing for investment projects, special policies for projects involving rice cultivation land, forested land, investment projects in border, coastal, and island areas.

- Extends the agricultural land allocation period within the limit for households and individuals from 20 years to 50 years; allows households and individuals to accumulate larger areas (not exceeding 10 times the limit for agricultural land allocation).

- Adjusts regulations on issuing certificates of land use rights, homeownership, and other assets attached to the land:

+ Certificates must fully list the names of those who jointly own land use rights, houses, or assets attached to the land unless otherwise agreed.

+ Specifies cases where land use right certificates are issued and not issued; issues certificates for households, individuals, and community groups using land with/without documents on land use rights before July 1, 2014.

- The law dedicates a chapter to information systems, land database, monitoring systems, and assessments for transparent and democratic land management and use.

The Government of Vietnam has currently issued Decrees 43/2014/ND-CP, 44/2014/ND-CP, 45/2014/ND-CP, 46/2014/ND-CP guiding this Law.

Regulations on certificates of land use rights, homeownership, and other assets attached to the land are guided by Circular 23/2014/TT-BTNMT.

2. Bidding Law 2013 includes several significant changes:

Expands the scope compared to the 2005 law, adding state-owned enterprise development projects (regardless of the capital source) and procurement (state capital sources) for public service products and services.

The new law includes a separate section on medicines, medical supplies, and a form of price negotiation for drug procurement packages in certain special cases.

Regarding contractor selection methods, the law adds a form for community participation in national target programs and poverty alleviation support programs.

Regarding bidding methods, the 2013 Law specifies four methods: one-stage one-envelope; one-stage two-envelopes; two-stage one-envelope; two-stage two-envelopes.

Regarding preferential policies, it applies to contractors providing goods with a domestic production cost ratio of 25% or more; encourages the use of female, wounded, and disabled labor.

Foreign contractors bidding internationally in Vietnam must form a joint venture with a local contractor.

3. Law on Thrift Practice and Waste Combat 2013 addresses shortcomings of the 2005 Law by instituting several important adjustments:

- Clearly defines what constitutes wasteful behavior in planning, appraisal, approval, allocation, budget settlement, procurement, equipment, vehicle management and use, land and resource management, labor usage, etc.

- Adds provisions for rewards and reward sources for agencies, organizations, and individuals with achievements in thrift practices and participating in detecting and combating waste.

4. Citizen Reception Law 2013 stipulates the responsibilities of citizen reception; the rights and obligations of complainants, denunciators, petitioners, or reporters; reception at citizen reception offices and enforcement conditions.

The primary principle is to be carried out at the citizen reception office of the agency, organization, or unit; ensuring openness, democracy, safety for the whistleblower, and ensuring the rights of complainants and denunciators.

Citizen reception responsibilities belong to state agencies, National Assembly deputies, People's Council deputies at all levels, the Vietnam Fatherland Front, political-social organizations, specialized agencies, public service providers...

Citizen receptionists are entitled to refuse to meet individuals under statutory cases such as: intoxicated persons, mentally ill persons; individuals threatening or insulting agencies, organizations, or individuals; individuals persistently filing or handling complaints contrary to regulations...

5. Amended Fire Prevention and Fighting Law 2013

According to this Law, fire prevention and fighting service business is a conditional business sector, requiring appropriate licenses and certificates; necessary facilities, means, equipment, and other conditions.

Adds regulations on fire prevention and fighting for nuclear facilities, manufacturing facilities, weapon warehouses, explosive materials, and support tools.

Amends and supplements fire prevention and fighting obligations in residential areas, adding policies for those participating in firefighting, specifying individual responsibilities in fire prevention and fighting.

Furthermore, oil, gas, and hazardous chemical storage and processing facilities in residential areas and crowded places operational before October 4, 2001, must have relocation plans ensuring safety distances.

Source: Binh Phuoc Province Electronic Portal

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