Presenting the report, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that the National Assembly Standing Committee recognized that, over the past time, the agencies of the National Assembly and the Government have closely coordinated to research, review, and absorb opinions from agencies, organizations, and experts; thereby, the quality of the draft Law has been gradually improved.
Incorporating the opinions of delegates at the previous session, some contents of the Land Law (amended) have only one option left to be submitted to the National Assembly for consideration. These include the contents on land recovery for national defense and security purposes; land recovery for socio-economic development for national and public interests; conditions for compensation, support, and resettlement when recovering land for national defense and security purposes, socio-economic development for national and public interests; cases of land lease with one-time and annual land rent collection; subjects allowed to use national defense and security land in combination with labor production and economic construction activities.
Some contents of the National Assembly Standing Committee presented 2 or more options for the National Assembly to consider and comment on. In particular, regarding the rights and obligations of economic organizations and public service units using leased land and paying annual rent:
Option 1 - When choosing the form of annual rental payment, public service units are not allowed to sell, mortgage, or contribute capital with assets attached to the leased land. Although the assets are created by public service units, because civil law stipulates that the handling of assets on land and land must be carried out synchronously, this option helps preserve land that originated from land allocated by the State to public service units for use (now converted to the form of land lease).
Option 2 - When choosing the form of annual rental payment, public service units have 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.
The Draft Law designs 3 options related to conditions for individuals who are not directly involved in agricultural production when receiving the transfer of rice-growing land as follows: Must establish an economic organization and have a plan to use rice-growing land in all cases: No limit on conditions; Must establish an economic organization and have a plan to use rice-growing land when individuals who are not directly involved in agricultural production receive the transfer of rice-growing land exceeding the prescribed limit.
In principle, there are three options for establishing and approving land use plans at all levels, in which the majority of members of the National Assembly Standing Committee agree with the option of allowing land use plans to be established simultaneously, but higher-level plans must be approved and decided before lower-level plans.
When the land use planning period ends and the new period's planning has not been decided or approved by the competent authority, the unfulfilled targets shall continue to be implemented until the next period's land use planning is decided or approved by the competent state agency.
Regulations on land use targets determined in the content of provincial and district-level land use planning, the National Assembly Standing Committee agrees with the plan for localities to determine targets for land types in provincial-level land use planning that have been allocated in the national land use planning and targets for land types according to provincial-level land use needs; determine targets for land types in district-level land use planning according to land use needs of district and commune levels.
The National Assembly Standing Committee agrees with the plan to stipulate that "The Government promulgates principles for allocating provincial-level land use quotas and district-level land use quotas"; affirming the scientific and reasonable principles in allocating land use quotas at all levels, avoiding arbitrariness in the implementation process.
Regarding the implementation of commercial housing projects, mixed housing and commercial business and service projects, the draft Law designs 2 options: Option 1 - commercial housing projects, mixed housing and commercial business and service projects conduct land use rights auctions, and bid to select investors using land.
Option 2 - 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.
The National Assembly Standing Committee also proposed to remove the regulation on projects using land funds created by the State due to unclear content of "land fund creation projects"; remove the regulation on Land Development Fund.
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