Ensuring Conditions for the 2024 Land Law to Take Effect Early
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The Deputy Prime Minister emphasized that the Prime Minister has issued a document directing ministries and agencies to urgently develop detailed guidelines, ensuring sufficient conditions for the National Assembly to review and allow the 2024 Land Law to take effect on July 1, 2024 (5 months earlier than the specified date of January 1, 2025 in the law). This requires great efforts and determination from ministries and agencies, but all steps in the legal document drafting process must be fully implemented.
“Developing legal documents is one of the highest priorities of the Government and the Prime Minister. This is the responsibility of Government leaders, ministers, and heads of sectors,” the Deputy Prime Minister clarified.
The Deputy Minister of the Ministry of Natural Resources and Environment (MoNRE), Le Minh Ngan, said that the MoNRE has chaired the drafting of 6 decrees and 4 circulars. Notably, the draft Decree detailing the implementation of several articles of the Land Law consists of 10 chapters and 115 articles, detailing 51 contents assigned in the Law, focusing on general provisions; functions, tasks, structure, and organization of land registration organizations and land fund development organizations; land use planning; land acquisition and requisition; land fund development, management, and exploitation; land allocation, leasing, and change of land use purpose; land use regime; monitoring and evaluation of land management and use; specialized land inspection; land dispute resolution; handling of land law violations by violators during official duties in the land sector.
The MoNRE has established a Drafting Committee and an Editorial Team to provide opinions on the Decree and simultaneously seek opinions from relevant departments and agencies in 63 provinces and cities; incorporate feedback, revise the dossier, and submit it to the Ministry of Justice for the Decree on compensation, support, and resettlement when the State acquires land; the Decree on basic land surveys, registration, and issuance of land use rights certificates, property ownership rights attached to land, and land information systems; the Decree on land prices; the Decree on administrative sanctions in the land sector; and the Decree on land reclamation activities.
The Deputy Prime Minister assessed that the MoNRE has taken proactive and timely actions in line with the Government’s direction and needs to continue clarifying issues with differing opinions on scope, subjects, implementation policies, etc.; urgently seek opinions from localities, enterprises, organizations, socio-political organizations, etc., on regulations regarding compensation, support, resettlement, land pricing, “whether they are feasible, whether administrative procedures can be further reformed, decentralized, and delegated, and whether the level of digital transformation is adequate”; develop and issue simplified procedures for the Decree on administrative sanctions in the land sector, etc.
After hearing the Deputy Minister of Finance, Bui Van Khang, report on the progress of drafting two decrees on land use fees and land rent; and the organization and operation of the Land Development Fund, Deputy Prime Minister Tran Hong Ha noted that it is necessary to have policies and financial instruments to handle areas of land that have not been or are slow to be put into use, forestry and agricultural land, and to combat land speculation, etc.
Meanwhile, the Minister of the Ministry of Agriculture and Rural Development (MARD), Le Minh Hoan, said that there are many new contents and issues arising in the process of amending and supplementing Decree 156/2018/ND-CP detailing the implementation of several articles of the Forestry Law, as well as drafting a decree detailing land for rice cultivation. The MARD is currently seeking opinions on the draft of these two decrees.
The Deputy Prime Minister requested that the MARD make efforts to ensure the timely submission of the draft decree detailing land for rice cultivation, thoroughly implementing the spirit of decentralization and delegation of authority, reforming administrative procedures, and setting out the conditions, criteria, and supervision, inspection, and evaluation of the implementation of regulations on forestry land and land for rice cultivation.
The Deputy Prime Minister emphasized that the process of developing guiding documents for the implementation of the 2024 Land Law must thoroughly implement the spirit of “early and from afar,” decisively resolving issues with differing opinions and mindsets to ensure consistency before submitting them to competent authorities for review and comments. The legal documents that each ministry and agency is responsible for drafting must reflect the organic relationship, implement the xuyên suốt objective set out in the 2024 Land Law, and be consistent with other relevant laws; at the same time, they must be comprehensive, inherit the correct values and regulations that have been affirmed in practice; thoroughly implement decentralization and delegation of authority; promote digitalization; and implement land administrative procedures in an electronic environment.
The Deputy Prime Minister requested that the Ministry of Justice and the MoNRE coordinate and urgently prepare the dossier and procedures for submitting to the National Assembly a Resolution allowing the 2024 Land Law to take effect on July 1, 2024.
The Ministry of Construction urgently develops detailed guiding documents for the 2023 Housing Law and the 2023 Real Estate Business Law to take effect synchronously with the 2024 Land Law on July 1, 2024.
