Completing the Land Law to ensure people’s legitimate rights

Creating a stable and transparent legal environment

On the followingnoon of February 21, in Hanoi, the Vietnam Union of Science and Technology Associations (Vietnam Union of Associations) in collaboration with the Central Committee of the Vietnam Fatherland Front and the Ministry of Natural Resources and Environment organized a Conference to collect opinions from organizations and scientists on the draft Land Law (amended).

Speaking at the Conference, Deputy Prime Minister Tran Hong Ha Clearly, land management is a very large and important issue, covering all fields of economy, society, security, defense, diplomacy…

Deputy Prime Minister Tran Hong Ha speaks at the Conference. Photo: Pham Thang.

“Land Law can be considered as the original law. Proper settlement of land policies and laws contributes to creating a stable and transparent legal environment, freeing development resources, ensuring security and defense, political and social stability, and protection. environment, sustainable development, ensuring the legitimate interests of the people,” emphasized the Deputy Prime Minister.

According to the Deputy Prime Minister, the process of collecting comments on the draft Land Law (amended) also contributes to assessing the capacity of the executive, legislative and political systems in institutionalizing the Party’s major undertakings. , State in this field, specifically Resolution No. 18-NQ/TW, dated June 16, 2022 on “Continuing to renovate and perfect institutions and policies, improve effectiveness and efficiency of management and land use, creating a driving force to turn our country into a high-income developed country”.

8 contents of the draft Land Law (amended) were commented by experts, scientists, member organizations of the Central Committee of the Vietnam Fatherland Front and the Vietnam Federation of Associations, not only with the blood, intelligence and expertise, but also shows the spirit of democracy and collective.

The Deputy Prime Minister hoped that scientists and managers would continue to give direct comments on the articles and chapters in the draft Law that have not been fully institutionalized, scientific, rigorous and feasible in the spirit of Resolution 18 -NQ/TW; ensure the language of expression is popular, easy to understand and easy to implement.

Happy New Year's Day when it comes to determining the main character of the people-Hinh-2
The conference was attended by many experts and scientists in the field of land. Photo: Mai Loan.

Specifically, the delegates focused on a number of contents:

Firstly, is the effectiveness of the land use control, allocation and control mechanisms designed in the draft Land Law, as well as the ability to deal with the relationship between land use planning and land use plans. other national, interdisciplinary to create better management tools, not overlap.

Second, is the feasibility of regulations on land economics, land finance, and land pricing under the market mechanism.

Third, the mechanism of land acquisition, support, compensation and resettlement has ensured that people have better living conditions and livelihoods following resettlement and benefit from projects on the basis of assessment. comprehensively, full of economic and social impacts, labor mobility, the relationship between the State and the people.

Fourth, is the policy of transferring and transferring the right to lease land in order to ensure financial stability, put land resources into development, not create group interests, think tenure.

In addition, there are issues of decentralization, decentralization, and mechanisms to control the management and use of land.

There must be regulations to close loopholes and prevent policy corruption

Comments at the Conference on the Draft Land Law (amended), Prof. Dr. Phan Trung Ly, Director of the Institute of Law and Society suggested, it is necessary to review more closely so that the provisions of this Land Law are really consistent with the provisions of the Constitution, concretized to effectively implement the regulations. in Article 54 of the 2013 Constitution “Land is a special national resource, an important resource for national development”. This is the first and most important requirement to ensure the promotion of the value of land.

Happy New Year's Day when it comes to determining the main character of the people-Hinh-3
Prof. Dr. Phan Trung Ly, Director of the Institute for Legal and Social Studies, commented on the Draft Land Law (amended) at the Conference. Photo: Pham Thang.

It also means that there must be strict regulations in order to close legal loopholes, overcome the situation of exploiting land value for private, individual and group interests; preventing policy corruption, taking advantage of land policies to enrich individuals.

According to Prof. Dr. Phan Trung Ly, at present, land price is the most important and complex issue, which should be strictly regulated and expressed more clearly in the law with the requirement to have a land pricing mechanism according to market principles. , in order to ensure objectivity, accuracy, and spirit of Resolution No. 18-NQ/TW.

Land price, land price bracket, time to calculate land use fee when there is a decision on land allocation, is currently one of the reasons leading to the situation that projects cannot agree on the land use amount. Since then, the money has not been paid, the paper has not been issued, the construction procedures have not been implemented, and the disbursement has been blocked, leading to conflicts and problems between the management agency and the land user.

In addition, Prof. Dr. Phan Trung Ly also suggested that this draft Law clarifies the legal status of land owners, the relationship between the owner and the owner’s representative…

Commenting on the Draft Land Law (amended), Doctor, architect Dao Ngoc Nghiem, Vice President of Vietnam Urban Development Planning Association, draft Land Law 2023 stated, updated and explained 56 Words (Law 2013 only mentions 30 words) are practical, however, it is necessary to consider and adjust more concepts mentioned in the draft on: Land for underground construction, concept of land destruction, value land use rights, properties attached to land…

At the end of the conference, the President of the Vietnam Union of Associations Phan Xuan Dung expressed his welcome to the profound and enthusiastic contributions. The Vietnam Union of Associations will summarize and send to relevant agencies to study, absorb and revise the draft Land Law (amended), and submit it to the National Assembly for consideration at the next session.

Invite readers to watch the video of New Deputy Prime Minister Tran Hong Ha sharing his first feelings in the corridor of the National Assembly.

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