All resources need to be pooled to complete the Land Law Project (Revision)

Vietstock – All resources need to be pooled to complete the Land Law Project (Revision)

It is expected that the (amended) Land Law will eliminate many problems and shortcomings… Many opinions believe that the Ministry of Natural Resources and Environment needs to focus on completing it so that the law can be approved at the recent parliamentary session…

Ten years after the implementation of the Land Law in 2013, the Ministry of Natural Resources and Environment stated that there are still many cases where the state has sold or leased land for investment projects but has not put it into use.; Penalties for violations are still weak. The deterrent effect is not enough; the measures to deal with illegal activities are not effective; the method of determining land prices also contains subjective elements… resulting in a huge waste of resources.

Faced with the above situation, many opinions suggested that the Ministry of Natural Resources and Environment should concentrate all resources to complete the “Land Law” project (revision) as soon as possible, ensure the quality, and submit it to Congress for approval at a recent meeting.

There are still many “bottlenecks” that need to be resolved

According to a representative of the Land Department of the Ministry of Natural Resources and Environment, since the implementation of the Prime Minister’s Directive No. 01/CT-TTg on “Reforming and Strengthening Land Management and Building a Land Information System”, from the beginning of this year to 2023, there are still 908 unfinished land in the country. The area of ​​projects and projects that have been put into use and slowly put into use is 28,155 hectares.

Among them, 172 projects have been terminated; 226 land use expansion projects; 106 projects are being processed; and 404 projects are still pending.

The reasons for the above situation are that the ability of investors is still relatively weak; compliance with laws related to land, investment, construction, etc. is not comprehensive and timely, and there are also illegal activities.

At the same time, the review, approval and adjustment of investment projects by local state management agencies remains lax, resulting in land allocation and land leasing to investors without the ability to implement projects or for the purpose of application. Projects that occupy land for speculation and await price increases and project transfers; the procedural requirements for project implementation are still complex.

In addition, the provisions of the Investment Law and the Land and Construction Law are also overlapping and insufficient, causing difficulties in the implementation of investment projects; there are also provisions for adjusting and extending investment projects and terminating investment projects in accordance with the provisions of the Investment Law, and handling non-putting into use in accordance with the Land Law or provisions for projects that are slowly coming into service. , ambiguity, or contradictions lead to difficulty in processing.

Dr. Chen Guoquan, associate professor and former deputy director of the Government General Office, said that the rapid development of society has caused many shortcomings in previous land regulations to be exposed and failed to “keep up” with practice. “This forces us to make appropriate changes. But land is an issue that affects all people, so it cannot be changed overnight. This is also the reason why Congress delayed passing the Land Law in the last session.” Mr. Quan emphasized.

Mr Toan believes that in the new context, new approaches to land use are needed. “As far as I know, many people don’t have land, they rent it and can still get rich off the land. Therefore, the way land is used needs to change to increase the value of the land instead of simply owning it and then buying and reselling it as before. It.” Mr. Toan expressed his views and expectations on the law. Effective management of land (revised) creates conditions for transforming land into a driving force for sustainable development.

On the local side, Vice Chairman of the People’s Committee of Hoa Binh Province, Quoc Dal Liem, said that in 2023, local governments will also encounter difficulties in applying land valuation methods because regulations are unclear, problematic, and insufficient, depending on the experience and subjective appraiser’s wishes. It is worth noting that the residual method has many assumptions, making it difficult to apply the land valuation method in Hoa Binh Province…

Nguyen Cong Vinh, Vice Chairman of Ba Ria-Vung Tau Provincial People’s Committee, also emphasized that the province’s resource management still faces some difficulties and obstacles, while the party’s policies and national laws and water resources in the land department frequently change.

“There are too many legal documents related to land, inappropriate legal provisions, and the overlap between the Land Law and other laws such as the Investment Law… making it difficult to apply for use,” said.

Complete the draft as soon as possible and prepare for implementation after the bill is passed

In order to improve the legal corridor and ensure that problems existing in practice are solved, representatives of the Thai Nguyen Provincial Department of Natural Resources and Environment requested the government to submit to the National Assembly to enact the Land Law (Amendment) as soon as possible. Remove obstacles in the implementation of the 2013 Land Law.

At the same time, Thai Nguyen Province also asked the Ministry of Natural Resources and Environment to take charge of selecting software to build and operate a land database for unified local use.

Representatives of the An Giang Provincial People’s Committee also shared the same opinion, recommending that the government and the Ministry of Natural Resources and Environment continue to pay attention to adjusting mechanisms, policies and legal regulations related to land to make them consistent with other laws, so as to solve difficulties to attract investment, transform the economic structure, and promote land resource.

Mr. Nguyen Van Dinh, Vice Chairman of the Vietnam Real Estate Association, also emphasized that many projects are waiting for new mechanisms to be resolved so that projects can continue to be put into operation; many government agencies are also waiting for the approval of new regulations. Therefore, the Land Law Amendment Plan needs to be considered more carefully and approved at the latest meeting.

At the same time, representatives of the Hanoi People’s Committee proposed that the government and the Ministry of Natural Resources and Environment simultaneously issue guiding decrees and notifications immediately after the Land Law (Amendment) comes into effect. Ensure that delays in the transition of applicable laws and regulations are reduced.

Emphasizing the importance of land law institutions, he gave an instruction speech at the “Summary of 2023 work and implementation of 2024 work directions and tasks in the field of natural resources and environment” held on December 31, 2023. Vietnamese Prime Minister Pham Minh Zheng also requested the Ministry of Natural Resources and Environment Immediately concentrate all resources to complete the “Land Law (Amendment)” project, ensure quality, and submit it to the latest session of Congress for approval; organize the implementation of the law immediately after it is passed.

For the Ministry of Natural Resources and Environment, a representative from the Land Registration and Information Data Department emphasized that the next step will be to focus resources on completing proposals related to the information system legal corridor. Database on the Draft Land Law (Amendment) 2013 and documents guiding the implementation of the law, such as accompanying ordinances and circulars.

Representatives of the Land Department also confirmed that the provisions of the Land Law regarding the handling of projects that are not put into use or are slowly put into use will be revised and supplemented to ensure consistency with other relevant laws.

The agency will also formulate a government decree detailing the handling of land that is not put into use, land that is slowly put into use, and investment projects that are terminated to ensure that land issues are dealt with.

Hongwu