Proposal not to pass the Land Law (amended) at the 6th session

Edit and reduce 1 option for 6 contents

On the morning of November 16, the National Assembly Standing Committee (NASC) gave opinions on the draft Land Law (amended).

Reporting on some major contents of the Land Law (amended), Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that, absorbing the majority opinions in the National Assembly Standing Committee on the major contents of the draft Law submitted to the National Assembly at the 6th session and on the basis of the opinions of National Assembly deputies and agencies, the draft Law has been revised and shortened to 1 option for 6 contents.

Specifically, first, the Regulation in Clause 7, Article 45 directs that individuals who do not directly produce agriculture must establish an economic organization and have a plan to use rice-growing land when receiving a transfer of rice-growing land exceeding the limit prescribed in Clause 1, Article 177.

Second, the Law (Articles 65 and 66) does not stipulate specific land types that need to determine targets in provincial and district-level land use planning, but localities determine targets for land types that have been allocated in higher-level land use planning and according to the needs of each level in provincial and district-level land use planning. The Government is assigned to detail this Article.

Third, the provisions in Clause 3, Article 139 on considering and recognizing land use rights for households and individuals using land before July 1, 2014.

Chairman of the National Assembly's Economic Committee Vu Hong Thanh (Photo: Quochoi.vn).

Fourth, the provisions in Clause 3, Article 154 on land rent, the annual land rent payment is stable for a 5-year cycle from the time the State decides to lease land, the land rent for the next cycle is calculated based on the land price list of the first year of the next cycle, in case the land rent increases compared to the previous cycle, the land rent payable is adjusted according to the rate prescribed by the Government but not exceeding the total CPI index of the previous 5-year period.

Fifth, the provisions in Article 191 provide principles on sea encroachment activities in accordance with the scope of the Law, including the principle that investors with investment projects involving sea encroachment activities that have been approved in principle by competent state agencies will be assigned sea areas to carry out sea encroachment activities along with land allocation and land lease to carry out investment projects.

Assign the Government to regulate investment projects with sea encroachment activities, forms of selecting investors to implement investment projects with sea encroachment activities, sea encroachment costs...

Sixth, amend Article 14, Article 49 and Article 254, stipulating that the National Assembly and the Standing Committee of the National Assembly shall only consider and decide in cases where the settlement of disagreements on administrative unit boundaries leads to the merging, division and adjustment of administrative unit boundaries.

The Chairman of the Economic Committee stated that, based on the opinions of the National Assembly deputies and agencies, the Standing Committee of the Economic Committee reported to the National Assembly Standing Committee for consideration and comments on 14 contents with 2 remaining options. At the same time, regarding the content that needs clarification, that is, on the subjects allowed to use national defense and security land in combination with labor production and economic construction activities (Clause 1, Article 202).

More time is needed to ensure the best quality

Regarding the plan to pass the draft Land Law (amended), Mr. Vu Hong Thanh said that the Standing Committee of the Economic Committee found that, based on the opinions of the National Assembly deputies discussed at the Hall on November 3, 2023, the provisions in the draft Law have been further improved. However, the opinions of the National Assembly deputies on many major policy contents have many different opinions or policy design methods that are not yet focused, difficult to determine trends, and there is no consensus on many complex issues.

Some important policies have not yet been optimally designed. The synthesis of the opinions of the National Assembly Deputies discussed in the Hall shows that 5/22 opinions proposed to pass the Law project at the 6th session;

Meanwhile, 6/22 opinions clearly stated the necessity of early approval of the draft Law but must ensure quality, 11/22 opinions suggested careful review, more time to absorb and revise the draft Law in the most thorough manner, carefully consider the approval of the Law project when there are too many other opinions in the draft Law, therefore, it is proposed not to approve the Law project at this session.

The passage of the draft Law is expected to create a legal basis for more effective use of land resources, better meeting practical requirements.

However, the process of reviewing and perfecting important policy options, absorbing and fully explaining the comments and the entire draft Law still needs more time to ensure the best possible quality of the Law project.

The Standing Committee of the Economic Committee proposed not to approve the draft Land Law (amended) at the 6th session (Photo: Huu Thang).

Given the extremely important role of the Land Law, the quality of the draft Law is a matter that must be given top priority, avoiding the case where the Law, after being promulgated, has shortcomings that will cause many impacts and consequences on socio-economic activities and people's lives.

The draft Decrees and documents guiding the Law also need more time to be completed synchronously, ensuring that they take effect at the same time as the Law after its promulgation, especially some new contents on land prices, granting of Land Use Right Certificates, land allocation, land lease... need detailed regulations so that the Law's policies can come into life.

This content has been reported to the competent authority for comments, prioritizing the quality of the draft Law submitted to the National Assembly for consideration and approval. Therefore, the Standing Committee of the Economic Committee reports and requests the National Assembly Standing Committee for consideration and reports to the National Assembly for consideration, but has not yet approved the draft Law at the 6th session (scheduled for November 29, 2023).

Based on the opinions of the Standing Committee of the National Assembly on the contents of the draft Law, the Standing Committee of the Economic Committee will coordinate with agencies to continue to enhance their sense of responsibility, make efforts to research and complete the Report and draft Law to report to the National Assembly for further discussion and comments according to the Program of the 6th session, as a basis for continuing to revise the draft Law.

After the 6th session, a number of contents of the draft Law will be reported to seek opinions from competent authorities to have directions for continuing to perfect major and complex policy contents as well as the overall draft Law.

Propose that the Government give official comments on the draft Law after it is completed, report to the Standing Committee of the National Assembly for consideration, comments and send to the Law Committee for review to ensure the constitutionality, legality and consistency of the draft Law with the legal system as prescribed, ensuring quality before submitting to the National Assembly for consideration and decision .

Source: https://www.nguoiduatin.vn/de-nghi-chua-thong-qua-luat-dat-dai-sua-doi-tai-ky-hop-thu-6-a636130.html