Vietnamese citizens residing abroad have full rights related to land like individuals in the country.

Land is only recovered for commercial housing projects when building urban areas.

The report on Explanation, acceptance and revision of the draft Land Law (amended) presented by Chairman of the Economic Committee Vu Hong Thanh said that regarding the rights and obligations regarding land use of Vietnamese people residing abroad, the draft law amends the provisions in the direction that: for Vietnamese people residing abroad who have Vietnamese nationality and are Vietnamese citizens, they have full rights related to land (not just rights to residential land) like Vietnamese citizens in the country (individuals in the country) and maintain the same policy as the current law for people of Vietnamese origin residing abroad in order to contribute to promoting investment and attracting remittances from Vietnamese citizens residing abroad into the country.

"The provisions in the draft law have been reviewed to ensure consistency with the Nationality Law. In the case of people of Vietnamese origin conducting real estate business activities or being investors in housing projects, the determination of the entity with the right to implement the project shall comply with the provisions of the Law on Real Estate Business and the Law on Housing," said the Chairman of the Economic Committee.

Chairman of the Economic Committee Vu Hong Thanh presented the report.

Regarding land recovery for commercial housing projects, mixed housing and commercial business and service projects (Clause 27, Article 79), taking into account the opinions of National Assembly deputies and agencies, the draft law stipulates in the direction of inheriting the provisions of the 2013 Land Law, only recovering land for commercial housing projects, mixed housing and commercial business and service projects when they are "urban area construction investment projects".

Regarding technical policy design, the provisions in the draft law clarify the nature of urban area projects subject to consideration for revocation as "investment projects to build urban areas with mixed-use functions, synchronizing technical infrastructure systems, social infrastructure with housing according to the provisions of the law on construction".

According to Chairman of the Economic Committee Vu Hong Thanh, such technical design is similar and consistent with the technical design in other clauses of Article 79. Article 79 only regulates cases of land recovery for project implementation for socio-economic development for national and public interests. When implementing land recovery for the cases specified in Article 79, it is necessary to meet the grounds and conditions specified in Article 80 on "Bases and conditions for land recovery for national defense and security purposes; socio-economic development for national and public interests".

Delegates attending the meeting.

Article 72 on "Authority to decide and approve land use planning and plans" stipulates that before approving the annual land use plan at the district level, the Provincial People's Committee shall submit to the Provincial People's Council for approval a list of works and projects requiring land recovery, including land recovery projects for auction and bidding.

6 subjects are allowed to use land for national defense and security combined with production labor

Regarding the subjects allowed to use national defense and security land in combination with labor production and economic construction activities (Clause 1, Article 201); the rights and obligations of military and public security enterprises when using national defense and security land in combination with labor production and economic construction activities (Point h, Clause 3, Article 201), based on the Government's proposal in Report No. 710, the draft law stipulates the subjects allowed to use national defense and security land in combination with labor production and economic construction activities, including: Military units, public security units, public service units under the People's Army and the People's Public Security; state-owned enterprises assigned to manage by the Ministry of National Defense and the Ministry of Public Security , including "enterprises in which the State holds from over 50% to under 100% of capital" managed by the Ministry of National Defense and the Ministry of Public Security.

Panoramic view of the hall.

State-owned enterprises under the management of the Ministry of National Defense and the Ministry of Public Security are allowed to lease, mortgage, and contribute capital with assets attached to land according to plans approved by the Minister of National Defense and the Minister of Public Security that they have created. The Chairman of the Economic Committee said that in order to ensure strictness when expanding this right compared to Resolution No. 132/2020/QH14, the draft law stipulates: in case of buying and selling assets attached to land, handling mortgaged assets, and assets contributed as capital, it can only be done internally between the subjects using national defense and security land in combination with labor production and economic construction activities according to the provisions of this law according to plans approved by the Minister of National Defense and the Minister of Public Security.

Propose that the Government direct the strict implementation of legal regulations on management and use of national defense and security land in combination with labor production and economic development activities to ensure state management goals, and prevent loss or violations that affect national defense and security tasks.

The Minister of National Defense and the Minister of Public Security are responsible for ensuring strict compliance during the process of approving land use plans, strictly following the principles defined in Resolution No. 18-NQ/TW, Conclusion No. 59-KL/TW and 90-KL/TW, in which, paying attention to clearly stipulating in legal documents with third parties the conditions for handling mortgaged assets and capital contributions in accordance with the provisions of law. Enterprises whose plans are approved are responsible for organizing the implementation of land use plans to ensure efficiency and compliance with the provisions of law.

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