## On August 18, Deputy Minister of Justice Nguyen Thanh Tu chaired a meeting of the Appraisal Council for the Draft Law amending and supplementing a number of articles of the Land Law 2924. Deputy Minister of Agriculture and Environment Le Minh Ngan attended the meeting.
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Deputy Minister of Justice Nguyen Thanh Tu chaired the meeting to appraise the Draft Law amending and supplementing a number of articles of the Land Law. Photo: Hoang Huy
Unblocking bottlenecks
Presenting the draft proposal, Ms. Doan Thi Thanh My, Deputy Director of the Land Management Department, Ministry of Agriculture and Environment, said that the draft law consists of 3 articles.
Article 1 amends and supplements a number of articles of the Land Law, consisting of 29 clauses, with 3 groups of contents. The first group includes contents that institutionalize the views, objectives, tasks, and solutions to amend and supplement the Resolution No. 18-NQ/TW, which was approved by the Central Executive Committee in Resolution No. 69-NQ/TW. These are reflected in 8 clauses of Article 1.
Secondly, the group of contents amending and supplementing to continue removing difficulties and obstacles in the process of implementing the Law includes 7 clauses in Article 1.
Thirdly, the group of contents amending to be suitable for the model of local government at two levels includes 10 clauses in Article 1 and 4 technical amendments in 4 clauses of Article 118.
Article 2 stipulates the transition, consisting of 11 clauses regulating the transition of contents related to land use planning, land recovery, compensation, support, resettlement, transfer of land use rights to implement projects, selection of land lease form, land prices, re-determination of area, land type, and land use duration for certain cases, and transfer of real estate project investment.
Article 3 stipulates the effectiveness of this Law from January 1, 2026.
An important content amended and supplemented in the draft law is the issue of land price tables and coefficients. Accordingly, the State stipulates the land price adjustment coefficients, the ratio of land use levy and land rent for different types of projects, and the infrastructure cost deduction coefficients when implementing projects.
The draft law also amends in the direction of applying the Land Price Table as a basis for determining financial obligations related to land, such as in the case of calculating land use fees, land rent, change of land use purpose, calculating taxes and fees related to land use, and compensation when the State recovers land…
At the same time, it stipulates that the land price adjustment coefficient is the ratio of increase or decrease of the areas and positions prescribed in the land price table, which is applied in cases where the land price table is applied to adjust the land price in the table annually and is amended and supplemented during the year.
The draft law adds 3 cases of land recovery by the State for socio-economic development for national interests and the public interest to Article 79. In particular, in case the project exceeds the land recovery time limit and the investor has agreed on more than 75% of the area or more than 75% of land users, the State shall recover the remaining land area for land allocation or lease.
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There have been many cases where investors have agreed on more than 75% (even more than 95% of the land area) or agreed with more than 75% of land users, but they still cannot agree to clear the site for the remaining area. As a result, investors cannot implement the project, capital is buried, and land is wasted and cannot be put into use. The above regulation will help remove obstacles and difficulties for thousands of projects that have been compensated halfway and left “dormant” for many years. Mr. Le Hoang Chau, Chairman of Ho Chi Minh City Real Estate Association |
Striving to address all inconsistencies
At the meeting, Assoc. Prof. Dr. Nguyen Quang Tuyen, Vice Chairman of the Council, Head of the Department of Economic Law, Hanoi Law University, requested a thorough impact assessment to ensure the feasibility and controllability of the draft law’s provisions.
With the land price tables and land price adjustment coefficients stipulated in the draft law, can they solve the problems related to the site clearance work after the law takes effect?
In addition, Assoc. Prof. Dr. Nguyen Quang Tuyen suggested considering and explaining further the figure of 75% of the land area and more than 75% of the number of land users because this content needs to be cautious as the boundary between agreement and administration may become blurred or exploited.
Concluding the meeting, Mr. Nguyen Thanh Tu, Deputy Minister of Justice and Chairman of the Appraisal Council, requested the drafting committee to continue reviewing and supplementing to ensure conformity with the Party’s guidelines and policies.
Regarding the scope of adjustment, it is necessary to continue reviewing and striving to “cover” all the difficulties and inconsistencies of the current regulations and the contents of an urgent nature for socio-economic development to be added to the draft law, while ensuring that no new difficulties and obstacles arise.
For contents such as adding 3 cases of land recovery; compensation, support, and resettlement; and bidding, the drafting committee needs to review and carefully assess their impact and come up with handling solutions.
Especially, attention should be paid to policy communication to clarify the provisions of the draft law. At the same time, there must be a control and post-inspection mechanism to limit abuse.
Along with that, it is necessary to ensure the consistency between this Law and related laws, especially the Law on Urban and Rural Planning and the Law on Investment, as well as the consistency within the draft law itself with the remaining provisions of the current Land Law.
Finally, the Deputy Minister requested the completion of the dossier, explanation, and reception and emphasized that the draft law meets the conditions for submission to the Government after receiving the opinions of the Appraisal Council.
BY BUI TRANG
– 6:59 PM, August 18, 2025
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