Carefully consider, precautionary, insightful in all aspects to pass the Land Law (amendment)
The Land Law (amendment) project and the Credit Organizations Law (amendment) project are two difficult legal projects in the 15th National Assembly term. With 12 million comments and discussions through 3 sessions of the National Assembly, but by the 6th session, the Land Law (amendment) draft still had some issues that needed to be carefully considered and cautious.
As the Law is related to many fields and has a significant impact on the economy and people’s lives, it is necessary to apply a special procedure, with no precedent, to thoroughly consider all aspects, the 15th National Assembly has decided not to pass this draft Law.
This decision of the National Assembly has received high consensus and support from the society, demonstrating the cautious and responsible spirit of the National Assembly.
Immediately after the 6th session, the agencies made the highest effort, working day and night to complete the Law project, and submitted it to the National Assembly at the 5th extraordinary session to timely meet the requirements of reality and the aspirations of the people.
Passing the Land Law (amendment): A valuable lesson to improve the quality and effectiveness of legislative work
On January 18, 2024, at the 5th extraordinary session, the National Assembly voted to pass the Land Law (amendment) project.
This is the result of close coordination, careful and scientific preparation from the early stage, with very high effort and determination of the Standing Committee of the National Assembly, the Government, the Vietnam Fatherland Front, the agencies of the National Assembly, the deputies of the National Assembly, the relevant agencies and organizations; mobilizing all resources with a truly receptive, democratic spirit; making the most of the intellect, contributions of experts, scientists, the business community, voters and the people nationwide.
The National Assembly’s passage of the Land Law (amendment) is also a valuable experience in renewing thinking, working methods, and decisive actions to continue to improve the quality and effectiveness of legislative work and other policies of the National Assembly.
After the session, in accordance with the provisions of the Law on the Promulgation of Legal Normative Documents, the agencies conducted technical review of the text after the passage. Chairman of the National Assembly Vuong Dinh Hue signed to authenticate the text of the Land Law (amendment) as prescribed.
Land Law 2024: Institutionalize Resolution No. 18-NQ-TW
The Land Law 2024 was passed by the 15th National Assembly to institutionalize Resolution No. 18-NQ/TW dated June 16, 2022 of the Party Central Committee on “continuing to innovate, improve the system, institutions, and policies, enhance the effectiveness and efficiency of land management and use, creating impetus for the development of our country into a high-income country”.
The promulgation of the Land Law is a key task in the direction of perfecting the system and policies on land in accordance with the socialist-oriented market economy, with the goal of creating legal corridors for efficient and sustainable management and use of land resources, maximizing land resources to meet the requirements of industrialization, modernization, ensuring national defense, security, environmental protection, and adaptation to climate change.
Land Law 2024 consists of 16 Chapters, 260 Articles, focusing on improving regulations and policies on:
(1) Building a system of land use planning at 03 levels in a synchronized manner; innovating the procedures, content, and methods of land use planning.
(2) Land allocation, land leasing, land use conversion; implementing land allocation, land leasing mainly through auctioning land use rights, bidding for projects that use land; specifying strictly the cases of land allocation, land leasing without auctioning land use rights, bidding for land-using projects; specifically stipulating the cases of land leasing in a lump sum payment appropriate to the nature and purpose of land use, ensuring stable revenue.
(3) Authority, purpose, scope of land reclamation, conditions, specific criteria for land reclamation for economic and social development for national and public interests; compensation, support, resettlement, land reclamation for national defense, security, economic and social development for national and public interests.
(4) Land price determination mechanism based on market principles, supervision mechanisms of the Central Government and People’s Councils in building land prices…
(5) Land for ethnic minorities; land managed and used by agricultural and forestry companies.
(6) Granting Certificates of Land Use Rights, ownership of houses associated with land.
(7) Mixed-use land; agricultural land combined with commerce and services; defense and security land combined with labor-intensive economic activities, economic construction; religious land combined with other purposes; multiple-purpose water land; encroachment activities…
(8) Delegating authority to localities in land management and use within their territory, while establishing monitoring, inspection, and inspection mechanisms in the management of the Central Government through regulations on the land information system, centralized land database, ensuring centralized management, operation, connection, and sharing of information from the Central Government to localities.