On November 3, continuing the 6th session, the National Assembly discussed in the hall a number of contents with different opinions of the draft Land Law (amended).
Before discussing in the hall about some contents with different opinions of the draft Land Law (amended), the National Assembly listened to Chairman of the National Assembly's Economic Committee Vu Hong Thanh present a Report on explanation, acceptance and revision of the draft Land Law (amended). The report listed some contents with one option and some contents with two options to choose from.
CONTENTS HAVE A PLAN
Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that there is one option for the contents: land recovery for national defense and security purposes; land recovery for socio-economic development for national and public interests (Articles 78 and 79) . Some opinions suggested adding the case of land recovery for construction of stations, ports, and security information works. Accepting the opinions, the draft Law added this case in Clause 4, Article 78.
Some opinions suggested adding the case of "land recovery to implement projects identified in national planning, national sector planning, provincial planning that have been approved by the National Assembly and the Prime Minister, and have decided on investment policies". Incorporating opinions, the draft Law added the case of land recovery to "implement projects that have been approved by the National Assembly and the Prime Minister, and have decided on investment policies according to the provisions of law".
According to this regulation, projects of economic organizations with foreign investment capital that do not fall under the cases specified from Clause 1 to Clause 30 of Article 79, but if approved by the National Assembly and the Prime Minister, and the investment policy is decided, will be subject to land recovery.
Some opinions suggested adding provisions to prepare for cases where it is really necessary to reclaim land that arise but are not yet included in the provisions of the Law. In response to the opinions, the draft Law added provisions on "implementing projects and works for national and public interests that do not fall under the cases specified from Clauses 1 to 31 of this Article, the National Assembly shall amend and supplement the cases of land reclamation of this Law according to the simplified procedures".
Regarding the conditions for compensation, support, and resettlement when land is recovered for national defense, security, and socio-economic development purposes for national and public interests (Clause 3, Article 80 and Clause 5, Article 87), some opinions suggest studying the provisions in Clause 3, Article 80 on "completing the approval of compensation, support, resettlement plans and resettlement arrangements" to be more feasible in practice. In response to comments, the draft Law has added one of the cases that meets the conditions for completing the approval of compensation, support, resettlement plans and resettlement arrangements to issue a decision on land recovery, which is after "the person whose land is recovered voluntarily hands over the land to the State and has been arranged for temporary residence or paid for temporary residence" (Clause 5, Article 87) to encourage people to voluntarily hand over the recovered land area, contributing to speeding up the work of compensation, support, and resettlement, and also contributing to helping investment projects to be implemented soon in practice while still ensuring the requirement of limiting impacts on people's lives and activities.
Regarding the cases of land lease with one-time and annual land rent collection (Clause 2, Article 121), there are opinions suggesting to supplement regulations in the direction of real estate business such as office leasing, which is the case where the State leases land and collects land rent in one time, in accordance with the nature of the business product associated with land use rights and to protect the interests of the real estate buyer, who is often the weaker party in terms of information in the relationship of buying and selling real estate products. If it is a case of land lease with annual land rent collection, then if the seller does not continue to pay the rent, it will cause risks for the buyer. Incorporating opinions, the draft Law supplements the corresponding provisions at Point b, Clause 1, Article 121 on the case of land lease with one-time land rent collection.
Regarding the subjects allowed to use national defense and security land in combination with labor production and economic construction activities (Clause 1, Article 202) , on August 29, 2023, the Government issued Report No. 411/BC-CP to the National Assembly on the results of implementing Resolution No. 132/2020/QH14. By October 23, 2023, the draft Law attached to Report No. 598/BC-CP added the subject "enterprises combining economy with national defense and security managed by the Ministry of National Defense and the Ministry of Public Security" to conform to the reality that some enterprises with 100% State capital directly serving national defense and security (QPAN) after carrying out the re-recognition procedure according to the provisions of the 2020 Enterprise Law, amended and supplemented by a number of articles by Law No. 03/2022/QH15 and Decree No. 16/2023/ND-CP dated April 25, 2023 on the organization, management and operation of enterprises directly serving QPAN and enterprises combining economy with QPAN are not re-recognized as enterprises directly serving QPAN but as enterprises combining economy with QPAN while in reality they are managing and using QPAN land combined with activities. production labor, economic construction
The Standing Committee of the National Assembly proposed that the Government clarify whether this subject is "enterprises combining economy with military and defense in which the State holds 100% of the charter capital and is managed by the Ministry of National Defense and the Ministry of Public Security" or includes enterprises combining economy with military and defense in which the State holds from 50% to less than 100% of the capital; consider expanding the subject of application which is not consistent with the principle of legalizing the provisions of Resolution No. 132/2020/QH14 which is of a pilot nature with limited subjects of application and scope of application.
In addition, it is recommended that the Government direct the strict implementation of legal regulations on management and use of military land in combination with labor production activities and economic development to ensure state management goals, prevent loss or violations, and affect military tasks. The competent approving authority is responsible for ensuring strictness in the process of approving land use plans, and enterprises whose plans are approved are responsible for organizing the implementation of land use plans to ensure efficiency.
CONTENT REMAINS TWO OPTIONS
Regarding the remaining 2 options , the Chairman of the Economic Committee said that regarding the rights and obligations regarding land use of Vietnamese people residing abroad (Clause 5, Article 4, Point e, Clause 1, Article 28, Point d, Clause 1, Article 37, Article 44, Clause 1, Article 181, Clause 4, Article 184, Clause 1, Article 188) , some opinions suggested amending the regulations in the direction that Vietnamese people residing abroad with Vietnamese nationality who are Vietnamese citizens have full rights related to land (not just rights to residential land) like Vietnamese citizens in the country (individuals in the country); maintain the same policy as the current law for people of Vietnamese origin residing abroad (without Vietnamese nationality). The Draft Law designs 02 options.
Option 1: Accepting comments and amending regulations to contribute to promoting investment growth and attracting remittances from Vietnamese citizens residing abroad. In this direction, it is necessary to review regulations related to land use rights of Vietnamese citizens residing abroad in other laws such as the Housing Law, the Real Estate Business Law, the process and procedures for confirming Vietnamese citizens residing abroad, etc.
Option 2: Keeping the current law, Vietnamese people residing abroad with Vietnamese nationality have the same land use rights as Vietnamese people residing abroad without Vietnamese nationality (people of Vietnamese origin residing abroad).
The majority of the National Assembly Standing Committee agreed with Option 1 and asked for the National Assembly's opinion on this content. Because Resolution No. 18-NQ/TW does not mention the content on the rights of Vietnamese people residing abroad to receive land use rights transfer.
Regarding the rights and obligations of economic organizations and public service units (PSUs) using leased land with annual payment (Article 34) , some opinions agree with the Economic Committee's Inspection Report, suggesting that when expanding the scope of PSUs that are allowed to access land lease, the rights of PSUs must be controlled: not to sell, not to mortgage, and business cooperation activities must not last long to ensure the State's land fund. Incorporating opinions, the draft Law has excluded the rights of PSUs to sell and contribute capital using lease rights in land lease contracts. For assets attached to land, there are 2 options.
Option 1: When choosing the form of annual rental payment, the land user is not allowed to sell, mortgage, or contribute capital with assets attached to the leased land. Although the assets are created by the land user, because the civil law stipulates that the handling of assets on land and land must be carried out synchronously, this option helps preserve the land whose origin is land assigned by the State to the land user (now converted to the form of land lease).
Option 2: When choosing the form of annual rental payment, the land user has the right to sell, mortgage, and contribute capital with assets attached to the leased land.
The majority of opinions of the National Assembly Standing Committee agree with Option 1.
Regarding individuals who are not directly involved in agricultural production and receive transfers of rice-growing land (Clause 7, Article 45) , the draft Law designs 3 options related to conditions for individuals who are not directly involved in agricultural production when receiving transfers of rice-growing land.
Option 1: Must establish an economic organization and have a plan to use rice land in all cases.
Option 2: No restrictions on conditions.
Option 3: An economic organization must be established and a plan must be made for using rice-growing land when an individual who is not directly involved in agricultural production receives a transfer of rice-growing land exceeding the limit prescribed in Clause 1, Article 177.
Regarding land use planning and plans (Chapter V): Regarding the principles of establishing and approving land use plans at all levels (Clause 9, Article 60), there are 03 options.
Option 1: Allow land use plans to be prepared simultaneously, but the higher level plan must be approved and decided before the lower level plan. When the land use planning period ends and the new period's plan has not been decided and approved by the competent authority, the unfulfilled targets will continue to be implemented until the next period's land use planning is decided and approved by the competent state agency.
Option 2: Land use plans are made simultaneously; the plan that is made and appraised first is decided or approved first. After the plan is decided or approved, if there is a conflict, the lower plan must be adjusted to match the higher plan.
Option 3: Land use planning at all levels is established, decided and approved according to the provisions of law on planning.
The majority of opinions of the National Assembly Standing Committee agree with Option 1.
Regarding land use targets determined in the content of provincial and district land use planning (Articles 65 and 66), there are 2 options.
Option 1: Localities determine the land use quotas in the provincial land use planning that have been allocated in the national land use planning and land quotas according to provincial land use needs; determine the land quotas in the district land use planning according to land use needs at the district and commune levels.
Option 2: The Law stipulates the types of land that need to determine targets in provincial and district land use planning.
The majority of opinions of the National Assembly Standing Committee agreed with the Plan.
Regarding the organization of implementation of land use planning and plans, allocation of provincial-level land use targets and district-level land use targets (Article 76) , there are 2 options:
Option 1: Add clause 9 to stipulate that "The Government promulgates principles for allocating provincial-level land use quotas and district-level land use quotas"; affirming scientific and reasonable principles in allocating land use quotas at all levels, avoiding arbitrariness in the implementation process.
Option 2: Keep the provisions as in the draft Law submitted to the National Assembly at the 5th session, without regulations on the principles of allocating provincial-level land use quotas and district-level land use quotas, creating flexibility in the implementation process.
The majority of opinions of the National Assembly Standing Committee agreed with the Plan.
Regarding the implementation of commercial housing projects, mixed housing and commercial and service projects (Clause 27, Article 79, Point b, Clause 1, Article 126, Point a, Clause 1, Article 127, Clauses 1 and 6, Article 128) , some opinions proposed to clearly stipulate that commercial housing projects, mixed housing and commercial and service projects are one of the cases of land recovery; the Provincial People's Council shall stipulate criteria for deciding on projects of this type to conduct bidding to select investors to implement the project in accordance with the actual situation of the locality; the remaining cases are cases of auctioning land use rights. The Draft Law designs 2 options.
Option 1: Incorporating comments and on the basis of Report No. 598/BC-CP, the draft Law has been revised accordingly in Clause 27, Article 79, Clause 1, Article 126 and Clause 1, Article 127. Accordingly, commercial housing projects, mixed housing and commercial and service projects shall conduct auctions of land use rights and bids to select investors using land.
Option 2: Accept opinions in the direction of regulating commercial housing projects, mixed housing and commercial and service projects associated with specific criteria and conditions in cases where the State reclaims land for socio-economic development for national and public interests.
Regarding land fund development, exploitation and management (Chapter VIII): Regarding projects using land funds created by the State (Article 113), there are 2 options:
Option 1: Remove the provision on projects using land funds created by the State because the meaning of "land fund creation projects" is unclear. Land fund development organizations only invest in building technical infrastructure on assigned land to organize auctions of land use rights; allocate and lease land to implement investment projects according to the provisions of law; lease short-term land to organizations and individuals in the unallocated land fund, lease... (Clause 2, Article 116) under the direction of the Provincial People's Committee (Clause 2, Article 114).
Option 2: Maintain the provisions on projects using land funds created by the State and assign the State-owned land fund management company as the investor to implement the projects specified in this Article. Accordingly, the role of the State-owned land fund management company as a “public investor” to implement land fund creation projects is particularly emphasized. Through the State-owned land fund management company, the State becomes the creator, shaper, and leader of the primary land market so that it can be immediately allocated to investment projects.
The majority of opinions of the National Assembly Standing Committee agree with Option 1.
Regarding the Land Development Fund (Article 115), there are two options.
Option 1: Remove this Article. Research in the direction of combining the functions and tasks of the Land Development Fund in the draft Law into the TCPTQD. The Land Development Fund is only an intermediary to receive resources from the State budget to serve the work of compensation, support, resettlement, and land fund creation of the TCPTQD. The draft Law is stipulating that the Land Development Fund is an extra-budgetary financial fund with many different contents compared to the State Budget Law, the Public Investment Law and Resolution No. 792/NQ-UBTVQH14 dated October 22, 2014 of the Standing Committee of the National Assembly on "a number of tasks and solutions to promote the implementation of policies and laws on the management and use of extra-budgetary State Financial Funds". The draft Law's proposed amendments to the State Budget Law will create a precedent that distorts the management principles of the State budget for extra-budgetary financial funds.
Option 2: Keep This.
The majority of opinions of the National Assembly Standing Committee agreed with the Plan.
Regarding Land Fund Development Organization (Article 116) , the draft Law designs 02 options:
Option 1:
Regulations in the Law on the functions of the TCPTQD. Continue to review the functions, with stricter and clearer guidelines and mechanisms for implementing specific functions. Study to remove the regulation on the function of "implementing land fund creation projects" as in Option 1 in Article 113. The Draft Law is proposing 2 options on the function of implementing land fund creation projects corresponding to the 2 options in Article 113.
Option 2: General provisions on the position and role of the Land Development Organization in the Law, supplementing provisions clarifying the scope, level of autonomy and self-responsibility of the Land Fund Development Organization, the relationship between competent state agencies at the local level and the Land Fund Development Organization in performing specific tasks; assigning the Government to stipulate the functions, organizational structure, management mechanism, operation, mechanism for performing functions, and financial mechanism of the Land Development Organization. Currently, the Government does not have a Project on perfecting the operational model of the Land Development Organization, and does not have enough conditions to specify in the Law.
For both options, the Government is responsible for organizing the implementation of this regulation, ensuring efficiency, strictness, and compliance with legal regulations. The majority of opinions of the National Assembly Standing Committee agree with Option 1.
Regarding the relationship between land recovery cases and agreements on receiving land use rights, currently having land use rights (Clause 1 and Clause 6, Article 128): Regarding the relationship between land recovery cases and agreements on receiving land use rights for socio-economic development projects not using state budget capital (commercial housing projects must also meet conditions on land type) (Point b, Clause 1, Article 128), there are 2 options.
Option 1: Amendment in the direction of prioritizing agreements on receiving land use rights for investment projects (not using state budget capital) in cases of land recovery. The Government proposed this direction in Report No. 598/BC-CP.
Option 2: No regulations on priority agreement on receiving land use rights for private investment projects (not using state budget capital) in cases of land recovery.
Regarding the relationship between land recovery cases and land use rights for socio-economic development projects (commercial housing projects must also meet conditions on land type) (Clause 6, Article 128), there are 2 options.
Option 1: keep the draft Law submitted to the National Assembly at the 5th session: "In cases where the investor currently has land use rights, the investor shall change the land use purpose to implement socio-economic development projects."
Option 2: Amendment in the direction of prioritizing people who currently have land use rights: “Land users who currently have land use rights and propose investment projects in accordance with land use planning with a request to change land use purposes and are approved by competent state agencies in principle and at the same time approved by investors according to the provisions of the law on investment, are allowed to use land to implement projects without the State recovering land according to the provisions of Article 79 of this Law.”.
The majority of opinions of the National Assembly Standing Committee agree with Option 2.
Regarding the agreement on receiving land use rights or using existing land use rights to implement commercial housing projects, there are 2 options.
Option 1: Maintain the regulations on types of land used for commercial housing projects through agreements on receiving land use rights or having land use rights as in the current Housing Law: commercial housing projects can only be implemented in cases where land use rights are available if it is residential land or residential land and other land (not residential land, including agricultural land, non-agricultural land); commercial housing projects can only be implemented through agreements on receiving land use rights for residential land.
Option 2 : Proposal to expand the types of land used for commercial housing projects through agreements on receiving land use rights or having land use rights with conditions to receive unlimited transfers of land types.
The majority of opinions of the National Assembly Standing Committee agree with Option 1.
Regarding the granting of Certificates to households and individuals using land without documents on land use rights that do not violate land laws and are not in cases of land allocation beyond authority (Article 139) , the draft Law designs 02 options in Clause 3, Article 139 as follows:
Option 1: Propose to stipulate the time of recognition of land use rights before July 1, 2014.
Option 2 : Propose to amend the time of recognition of land use rights to the time of submitting the application for the Certificate.
The majority of opinions in the National Assembly Standing Committee agreed with Option 1.
Regarding land rent payment annually (Clause 3, Article 154), there are 2 options.
Option 1: The Government shall prescribe the adjustment rate in case the annual land rent increases compared to the previous period, but the adjustment rate shall not exceed the total CPI index of the previous 5-year period.
Option 2: The Government shall prescribe the adjustment rate in case the annual land rent payment increases compared to the previous period.
The majority of opinions of the National Assembly Standing Committee agree with Option 1.
Regarding land valuation methods and applicable cases and conditions (Article 159), there are 2 options.
Option 1: The Law stipulates the content of land valuation methods but assigns the Government to stipulate the cases and conditions for applying each method. The Government proposes this direction in Report No. 598/BC-CP.
Option 2: Regulations in the Law on the content of land valuation methods and cases and conditions for applying each method.
The contents of the Options in the draft Law proposed by the Government in the draft Law attached to Report No. 598/BC-CP and the draft Decree amending Decree No. 44/2014/ND-CP on land prices.
The majority of opinions of the National Assembly Standing Committee agree with Option 2.
Regarding sea encroachment activities (Article 191) , land allocation and land lease to implement investment projects with sea encroachment activities, the draft Law stipulates the general principle that investors with investment projects with sea encroachment activities that have been approved in principle by competent state agencies shall be allocated sea areas to implement sea encroachment activities together with land allocation and land lease to implement investment projects. Regarding other contents, the draft Law designs 2 options in Clause 6, Article 191.
Option 1: Assign the Government to provide specific regulations on investment projects involving sea encroachment, forms of selecting investors to implement investment projects involving sea encroachment, costs of sea encroachment, etc. Sea encroachment must not only comply with the provisions of the law on land but also with the provisions of the law on planning, investment, public investment, construction, environment, resources, marine and island environment and other relevant laws, so there needs to be consistent regulations. This option only provides for principled contents, consistent with the scope of the Land Law, and assigns the Government to provide regulations to ensure flexibility in the implementation process.
Option 2: Editing, regulations on land allocation and land lease only for land directly serving the sea encroachment activities associated with the principle of land allocation and allocation of the sea area.
This plan has initially clarified a number of investment projects with sea encroachment activities. This content in the Land Law is not consistent with the scope of the law.
Most of the opinions of the Standing Committee of the National Assembly agreed with plan 1.
Regarding the rights and obligations of the units, military enterprises and police when using national defense and security land in combination with production labor and economic construction activities (Clause 3, Article 202) , the Draft Law on Design 2 options.
Option 1: Regulations in the direction of not being transferred, donated, leased, mortgaged, contributed capital with assets attached to the land.
Option 2: Regulations in the direction of permitting the right to lease, mortgage and contribute capital with assets attached to the land.
Regarding amendments and supplements to the Law on Public Investment (Article 261), there are 02 types of opinions:
Option 1: Removing regulations on amendments and supplements to the Law on Public Investment.
Option 2: Maintain regulations on amendments and supplements to the Law on Public Investment as draft Law submitted to the National Assembly at the 5th session.
Regarding settlement in case of uniformity of administrative units (Article 14, Article 49, Article 254) has 02 options as follows:
Option 1: Proposing the regulation in the direction of not general provisions on all cases of settlement of uniformity of the boundaries of administrative units are under the jurisdiction of the National Assembly, the National Assembly Standing Committee; the National Assembly and the Standing Committee of the National Assembly only decide in the case of uniform settlement of administrative units leading to the establishment, dissolution The provincial -level administrative units in Clause 1, Article 14, Clause 4 and Clause 5, Article 49 of the Draft Law and supplement the content amended, respectively, Article 129 of the Law on Organization of Local Governments in the Draft Law.
Option 2 : Keep the regulations as draft law submitted at the 5th session.
Most of the opinions of the Standing Committee of the National Assembly agreed with plan 1.
Regarding the scope of transfer of land use rights of foreign -invested economic organizations (Article 28), there are 2 options.
Option 1: Failure to supplement this provision. The draft law has supplemented the provisions of the case of land acquisition for the project that has been approved by the National Assembly and the Prime Minister, deciding the owner of the investment school in accordance with the law in Clause 31, Article 79 as reported in Section I.1.
Option 2: Supplement this regulation as the Government's opinion.
Most of the opinions of the Standing Committee of the National Assembly agreed with plan 1.
Regarding the case of foreign -invested economic organizations receiving the transfer of real estate projects Drafting the Design Law 02 options:
Option 1:
Supplementing the provisions of Article 118 (land allocation and lease of land for land being used to others) in case the foreign -invested economic organization receives the transfer of real estate projects in accordance with the law on real estate business, does not recover land but the State allocates land without land use rights for land use rights, does not contract to select investors to implement the land use project. used for foreign -invested economic organizations using land due to the transfer of real estate projects in accordance with the law on real estate business in case the State allocates land with collection of land use levies; Supplementing the provisions of Point a, Clause 3, Article 156, which does not apply the time for determining the land price to calculate the land use levy and the land rent is the time when the State issues a decision on land allocation and lease of land in this case and allocates the Government in detail in the direction of continuing to inherit the land financial obligations of the transferor.
Option 2: Keep the regulations as draft law submitted to the National Assembly at the 5th session.
Most of the opinions of the Standing Committee of the National Assembly agreed with plan 1.
Chairman of the Economic Committee Vu Hong Thanh, the Standing Committee of the Standing Committee found that, over the past time, the Standing Committee of the Standing Committee and the Government, the agencies of the National Assembly and the Government have coordinated closely to study, review and absorb opinions of agencies, organizations and experts;
However, up to now, many important policies have not designed the optimal plan; during the review process continues to generate new policies with different opinions due to the scope of the Land Law is very wide and closely related to many other laws.
In addition, the regulations are inherited in terms of history, acknowledging the State's policies through periods, some contents are the order and procedures, but the law is directly affected by the land use rights and obligations of the land user; therefore, the completion of regulations requires very thorough and cautious. However, there is no conditions to carefully review the cases that need to be transferred as well as other content of the related laws.
Based on the acquisition and explanation of the MPA discussed at the 6th meeting on the Land Law project (amended), the Standing Committee will report and consult the National Assembly on the plan to review and approve this law project in the spirit of ensuring the quality of the law project, meeting practical and feasible requirements.
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