At the press conference, Deputy Minister of Natural Resources and Environment (MNRE) Le Minh Ngan said that the Land Law consists of 16 chapters, 260 articles, which amend and supplement 180 out of 212 articles of the 2013 Land Law and add 78 new articles. The law ensures the inheritance, stability, and development of the land law system; amending and supplementing regulations that are not suitable for practice; ensuring the consistency and unity of the land law system with related laws; improving provisions to manage land according to functions as resources, assets, and resources in terms of area, quality, and space usage.
Continuing to promote decentralization, devolution of authority, and establish tools to control the powers of agencies and authorized persons in land management; strengthening the supervision role of the National Assembly, People’s Council, Vietnam Fatherland Front, political and social organizations at all levels and the People; enhancing administrative procedure reform; shifting the focus from administrative management to effectively using economic tools to promote rational, efficient, and sustainable land use.
Modernizing and digitizing land management based on a unified, centralized land information and data system, serving multiple objectives from central to local, managing fluctuations in each land parcel…
Deputy Head of the Office of the State President Pham Thanh Ha; Deputy Minister of MNRE Le Minh Ngan; Deputy Governor of the State Bank of Vietnam Doan Thai Son; Deputy Head of the National Assembly Office Nguyen Thi Thuy Ngan presiding over the press conference on the morning of February 19th.
Concern over “requesting confirmation” to obtain a red book (land use right certificate)
Highlighting the new prominent points of the 2024 Land Law, Deputy Minister of MNRE Le Minh Ngan mentioned specific provisions regarding the issuance of “red books” for land without papers. Accordingly, households and individuals using land from 12/18/1980 to before 10/15/1993, now being confirmed by the People’s Committee of the commune where the land is located as non-disputed, will be granted a Certificate of Land Use Rights, ownership rights attached to the land.
In response to questions from reporters about the view that there may be a situation of “requesting confirmation”, Mr. Ngan confirmed that the issuance of land use rights certificates for land without documents before 7/1/2014, especially cases without documents on land use rights, has been regulated by the Land Law and based on the actual land use, land management history, which is extremely important in the process of granting red books.
The Deputy Minister stated three factors to ensure the process of granting red books, in which The legal factor must have stable land use, non-dispute, confirmed by the People’s Committee at the commune level. According to Mr. Ngan, the second factor is the implementation factor, the local government, Vietnamese Fatherland Front, and even inspection and inspection agencies must consider whether the implementation causes difficulties for the people. This cannot be specifically stipulated in the law, but it will be included in the sequence and procedures for granting red books in the Decree to minimize difficulties and inconveniences for the people.
“We must affirm that when issuing certificates to the people, disputes must be avoided. Moreover, only those officials directly involved with the people, directly managing the land fund at the local level, directly managing the changes in land use throughout the history of land use, will understand this. It is necessary to ensure no disputes and stable use. Stability means using for a certain purpose, at a certain time. The rest is about organization and implementation and people’s awareness of law compliance,” said the Deputy Minister of the MNRE.
How is land valued under the new law?
In addition, the Land Law 2024 has abolished land price brackets. The land price list will be annually built, and the land price list will be first published and applied from 1/1/2026 and adjusted from 1/1 of the following year.
The law stipulates specific land valuation methods, including: The comparison method is implemented by adjusting the price level of land parcels with the same land use purposes, reasonably similar in terms of factors affecting land prices that have been transferred in the market, won in land auctions and completed financial obligations according to auction-winning decisions through analysis, comparing the factors affecting land prices after excluding the value of assets attached to the land (if any) to determine the price of land to be valued.
Deputy Minister of MNRE Le Minh Ngan
The income method is implemented by taking the average annual net income over an area of land divided by the average interest rate of savings deposits in Vietnamese currency with a term of 12 months at commercial banks controlled by the State owning over 50% of the charter capital or the total number of voting shares in the province of 3 consecutive years until the end of the closest quarter before the valuation date.
The surplus method is implemented by deducting the estimated total revenue from development from the estimated total development costs of the land parcel, land area based on the land use with the highest efficiency according to land use planning, detailed construction planning approved by authorized agencies.
The price adjustment coefficient method is implemented by multiplying the land price in the land price table by the land price adjustment coefficient. The land price adjustment coefficient is determined by comparing the land price in the land price table with the market land price.
In addition, the law also specifies the transfer of land, leasing of land through auctioning land use rights, the right to choose the form of land lease payment, etc.
