Seminar ‘Comments on Draft Land Law (Amendment)’: Discussing many ‘hot’ issues

The program wishes to receive comments from experts and managers in order to promote ownership, mobilize the wisdom and enthusiasm of all classes of people, create consensus, and raise awareness and responsibility. responsibility of each individual, organization or agency for the amendment of the Land Law.

The seminar was attended by Ms. Pham Thi Xuan – Standing Vice President of Vietnam Association of Clean Water and Environment, Journalist Khanh Toan – Vice President of Vietnam Association of Clean Water and Environment, Editor-in-Chief of Environmental Magazine. and Life with many experts and delegates from agencies of the Vietnam Clean Water and Environment Association.

Speaking at the opening of the seminar, Ms. Pham Thi Xuan – Standing Vice President of the Vietnam Clean Water and Environment Association said: The draft Land Law (amended) is being openly consulted in the People, including 16 chapters. , 246 articles, of which 28 articles are maintained, 184 articles are amended and supplemented, 41 new articles are added and 8 articles are annulled.

“This is an important and complex law that plays a fundamental role in the legal system of land, has a profound relationship with and influences the implementation of policies stipulated in many different laws, affects all aspects of socio-economic life, to all organizations and individuals.

Ms. Pham Thi Xuan – Standing Vice President of Vietnam Clean Water and Environment Association gave the opening speech at the seminar

The goal of this amendment is to continue to improve the legal framework to conform to regulations on land management and use, contributing to institutionalizing the Resolution of the 13th National Party Congress, Resolution 18 of the National Assembly of the Socialist Republic of Vietnam. The 5th Conference of the Central Committee of the Party, ensuring the uniformity of the Land Law in the legal system, overcoming the shortcomings and weaknesses in the 2013 Land Law in order to harmoniously resolve the issues between the parties involved. States: State, businesses and people.

Regarding the current land issue, only planning is given but not outlined, not specified location, scale, coordinates, Ms. Tran Thi Minh Ha – Member of the Standing Committee, Head of the External Affairs Committee – Clean Water Association and Environment Vietnam said that the planning issue, some new points of the draft Land Law (amended) stipulate the zoning and arrangement of land use space according to 3 areas including strictly managed areas. , restricted areas and areas where land use is changed.

In the Draft Land Law (amended) in Chapter 5, there are new regulations to improve land use planning and plans.

There are 3 key contents such as: Collecting opinions and publicly and transparently announcing the master plan and plan on land use in Article 68; Regarding adjustment of land use planning in Article 71; Regarding the organization of implementation of land use plannings and plans in Article 74. In order to handle the organization of well implementation of relevant provisions, it is necessary to deal with the situation of planning being suspended, incomplete or complete but not included. work.

The master plan has specified what this land is for, related to this issue, enterprises may be allocated land at that time. However, the capacity to implement it is also a problem that leads to suspended planning that wastes land. For example, in Hanoi, such as in To Huu area, there are many hanging plans. There should be specific regulations to deal with the inadequacies of suspended planning to help develop socio-economic synchronously.

Discussing the draft revised Land Law that regulates land prices according to the market, Mr. Nguyen Van Ve – Vice Chairman of the Vietnam Clean Water and Environment Association said that the revised Draft Land Law is an attractive content. a lot of attention from people, businesses and State organizations during the process of collecting opinions and comments on the draft Land Law 2023. It must be affirmed that the land price in the Land Law 2013 is one of the outstanding issues. The pressing issue here is the creation of a two-price mechanism, which is the market price and the announced price by the State. This is one of the causes of many consequences and difficulties in state management.

The amendment of the law this time can confirm that this is a progressive point in the amendment of the Law on Land 2023. In Article 153 it was determined that the land price is consistent with the common land price in the market. In this article, there are 2 clauses and 6 points stipulating the principles and methods of land valuation. Specifically: the land price is determined by the average of the actual transaction levels of the land with the same use purpose transferred on the market, appearing with the most frequency through statistics in an area. within a certain period of time without being affected by factors causing sudden price increases or decreases, blood related transactions and other transactions.

Overview of the Talk.

However, with the characteristics of the nature and rules of the market, land prices often change. Land prices announced by state agencies tend to be like, increasing or decreasing compared to the market. This is an issue that must be taken into account in the near future when the Law is promulgated. Thus, to overcome this problem, the Law must specify very clearly and quantify the principles and criteria for evaluation, which determine the time, how much time, 6 months or 1 year. . The second is the areas identified as wards or residential areas. In addition to those criteria, there are also land use purposes and land locations.

The third is the basis for collecting transactions on land prices, fees, taxes and civil contracts. Determine the range of land prices, how to increase or decrease the margin to be close to the market. Because sometimes the collection is completed half a month later, a few months later that price is out of date, must also be specified. Especially the objectivity in collecting land prices. The objective here is the participation of the subjects because if only the state agency, the land price will follow the intentions of some individuals. Therefore, the objectivity, it must represent the parties with relevant interests, the new land price determination can be objective.

Opinions in the Seminar focused on the provisions of the Draft Land Law (amended) related to current hot issues of land such as: land price, ownership and land use rights, auction public land contractors, compensation for site clearance to serve state projects, benefits arising from land after site clearance, improving efficiency and effectiveness of State management in the land sector .

Nguyen Huong


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