On November 3, the National Assembly discussed in the hall some different opinions of the draft Land Law (amended).
Speaking, delegate Nguyen Duy Thanh (Ca Mau delegation) highly appreciated the spirit of amendment of this bill.
Mr. Thanh emphasized that land has been truly valued with specific regulations in the direction that land is not only an asset but also a resource and capital with a more market-oriented nature serving production and business for both people and businesses.
It is the development of land funds with more public and transparent mechanisms for the State to create land funds, proactively regulate market supply and demand, and auction land use rights. It is a diverse land use rights market that can easily be converted into cash flow.
The delegate stated that the draft Land Law (amended) has added provisions on the right to mortgage and sublease land lease rights in cases of paying annual land rent and selling assets attached to land.
Even in the field of agricultural land, with this new draft, Mr. Thanh said that people using agricultural land can also change the structure of crops and livestock to improve land use efficiency.
The draft has expanded the limit on receiving agricultural land use rights of households and individuals to no more than 15 times the limit on agricultural land allocation; expanded the subjects eligible to receive rice-growing land transfers to include economic organizations, households, and individuals not directly involved in agricultural production.
The draft has overcome many shortcomings in agricultural land.
The draft also delegated the authority to the district-level People's Committee to decide on specific land prices in accordance with its authority in land allocation, land lease, and change of land use purpose. The rights of land users in the planning area are also stipulated in this draft land law...
“For a country that has grown from agriculture, accumulated development, expanded business and improved living conditions closely linked to the land like ours, those changes are truly of practical significance,” said delegate Nguyen Duy Thanh.
Because of the great significance and importance of land resources to people and businesses, delegates suggested that this revision should further specify Resolution 18.
“It is necessary to come up with fundamental and long-term solutions and regulations to avoid causing too much impact, fluctuation, or even chaos in the real estate market as in the past, causing serious consequences, affecting the survival of businesses and people's lives as in the past,” Mr. Thanh stated.
Specifically, the delegate said that recently, the Government has continuously had solutions to remove difficulties for the real estate market. In particular, Resolution No. 33 was issued with the goal of promoting sustainable development of the real estate market, gradually removing difficulties in terms of legal issues of projects, bonds and capital flows. However, to some extent, according to Mr. Thanh, this is still a situational measure to intervene in the market.
Mr. Thanh believes that if we want the real estate market to develop stably and healthily, we need to have a Land Law, Real Estate Business Law, Housing Law... that are synchronous, stable, consistent, and in accordance with market rules.
National Assembly deputies at the discussion session in the hall on the afternoon of November 3.
Second, Mr. Thanh said that in the provisions of Resolution 18 in section 2.5, there is a requirement to amend the Land Law this time, there needs to be preferential policies on land use fees and land rents, suitable for preferential investment areas, this is also a requirement of Resolution 19 on rural agriculture and farmers but is not included in this draft law.
Third, regarding the land use planning, Article 64 and Article 67 are being drafted, the planning also includes indicators on land allocation area for localities.
According to the delegate, this causes difficulties for the provincial and district levels, which will have to adjust land use planning many times during the implementation process because when planning is done, investors have not appeared yet and according to Resolution 18, planning is only spatial zoning. Therefore, planning that determines specific targets for land types is uncertain, inconsistent and unreliable.
"Therefore, I propose to separate planning and plans into two contents, targets are included in the plan," Mr. Thanh suggested.
Fourth, regarding land use classification (Article 9), the delegate found that classifying many types of agricultural land would cause difficulties for people in the implementation process. For example, the draft law is dividing land for perennial crops, annual crops, and aquaculture land, but in Ca Mau, land for growing mangrove trees for shrimp, crab, and fish farming, and land for growing lotus and fish farming are all the same type of land.
“It is proposed to classify land according to the State’s management purposes, not according to the people’s usage purposes. To manage State land strictly but not make it difficult for the people,” said delegate Nguyen Duy Thanh.
Avoid taking advantage of agricultural land speculation policy
Commenting on the content of land concentration for large-scale agricultural and commodity production, National Assembly Deputy Nguyen Van Huy (Thai Binh delegation) stated that regarding the regulation on individuals not directly involved in agricultural production receiving the transfer of rice-growing land, stipulated in Clause 7, Article 45 of the draft law, there are currently 3 options. Deputy Nguyen Van Huy chose option 3, which stipulates: Individuals who are not directly involved in agricultural production receiving the transfer of rice-growing land must establish an economic organization and have a plan for using rice-growing land when individuals not directly involved in agricultural production receive the transfer of land exceeding the limit as stipulated in Clause 1, Article 177.
Because this plan harmonizes both factors, it ensures control to avoid taking advantage of agricultural land speculation policies, while still encouraging and creating favorable conditions for agricultural production activities, creating the basis for large-scale agricultural production according to the policy in Resolution 18 of the Central Executive Committee .
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