15:44, 15/01/2024
Continuing the 5th Extraordinary Session, on the morning of January 15, the National Assembly listened to a summary report explaining, accepting, and revising the draft Land Law (amended).
Presenting the Summary Report on explanation, acceptance and revision of the draft Law, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that in order to improve administrative procedures on land when economic organizations transfer real estate projects according to the 2023 Law on Real Estate Business and ensure that financial obligations on land are inherited from the transferor to the transferee for foreign-invested economic organizations receiving transfers in accordance with the case where the transferee is a domestic economic organization, the draft Law is amended in the direction that the State does not reclaim land but allocates land with land use fees or leases land in the form of no auction of land use rights, no bidding to select investors to implement projects using land.
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| Chairman of the National Assembly's Economic Committee Vu Hong Thanh presented a summary report explaining, accepting and revising the draft Land Law (amended). Photo: VOV |
The transferee shall be considered for the issuance of a Certificate of land use rights and ownership of assets attached to the land in accordance with Government regulations after the transferor and transferee have fulfilled their financial obligations in accordance with the provisions of law.
At the same time, the regulation on the time of determining land price to calculate land use fees and land rent is not applied at the time the State issues the decision on land allocation and land lease, but the Government is assigned to provide detailed regulations in the direction that the project transferee is allowed to continue to inherit the financial obligations regarding land of the transferor.
In addition, the draft Law stipulates that, in the direction of inheriting the provisions of the 2013 Land Law, land will only be recovered to implement commercial housing projects, mixed housing and commercial and service projects when they are "urban area construction investment projects."...
The National Assembly Standing Committee recommends that the Government improve the effectiveness of law enforcement, especially planning work to ensure quality, which is truly a State orientation tool to effectively serve socio-economic development goals in each period; urgently propose regulations on higher tax rates for people using large areas of land, many houses, and land speculation to regulate the difference in land rent resulting from State planning.
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| View of the working session. Photo: quochoi.vn |
At the same time, improve the quality of investment project appraisal and investor approval; prevent corruption and negativity; prevent the situation where organizations and individuals collect land, hindering the ability to access land of other investors with the same capacity or better capacity to implement investment projects due to the advantage of those who have the right to use the land; other investors must enter into joint ventures or cooperate with organizations and individuals who have the right to use the land to implement investment projects or must agree to receive land transfer from these organizations and individuals.
Such amendments require reviewing the provisions of the investment law and other relevant laws, ensuring the consistency of the legal system.
The Draft Law clearly stipulates the content of land valuation methods based on a summary and assessment of the practical implementation of land law, specifically stipulating in the Draft Law the land valuation methods including: comparison, surplus, income, land price adjustment coefficient; integrating the deduction method into the comparison method; and at the same time stipulating the cases and conditions applicable to each land valuation method...
Contributing opinions at the discussion session, the majority of delegates expressed their agreement with the Draft Law. Regarding land recovery for commercial housing projects, mixed housing and commercial and service projects, delegates said that in reality, in the past, the State called for investment, economic development, and encouraged people to do business and legitimately get rich. Many people and businesses who wanted to do business handed over many different types of their land to the State, including residential land to lease back for production and business; at the same time, creating jobs, making an important contribution to the development of the locality.
Now that the State has changed its planning and wants to renovate and beautify the urban area, there needs to be a fair mechanism, giving them more priority so that they have the opportunity to continue investing and developing on the land they have preserved, produced and done business for many generations. On the other hand, the State has enough basis to clearly determine the origin of the land of the enterprise. If the origin of the land before production and business is their own, inherited, donated, given, or transferred, this issue needs to be thoroughly studied.
In terms of resources, to renovate, renovate, and develop urban areas sustainably to meet development requirements, many localities will not have enough resources to compensate and clear land for businesses. Because according to the draft law, businesses that have the right to use land for production and business will not be given priority to convert the purpose to urban land, urban residential land, and commercial and service land. Therefore, the only way is for the State to spend money to compensate and reclaim their land. This figure, just for nearly 3,000 businesses in Binh Duong, could be up to hundreds of billions of VND. Both the State and businesses are at a loss, unable to be proactive and forced to wait, and the longer the wait, the more opportunities the country will lose.
Comments on regulations: within 36 months from the date of issuance of the decision recognizing the winning bid results or other period according to the contract signed with the competent state agency, the competent People's Committee must complete the compensation and resettlement support to allocate land and lease land to the winning investor.
Delegates proposed to supplement regulations on handling cases where, after 36 months from the date of issuance of the Decision recognizing the winning bid results, the People's Committee at the competent level has not completed the compensation and resettlement support to allocate land and lease land to the winning investor, because in reality, there are cases where the winning investor fully performs the obligation to advance capital to implement compensation and resettlement support, however, the time for the competent authority to compensate and support resettlement is very long, affecting the progress of the project, causing damage to the investor.
At the discussion session, delegates also gave many opinions on the key issues of the draft law such as: land valuation method; types of land for implementing commercial housing projects through agreements on receiving land use rights or having land use rights; the relationship between cases of land recovery and agreements on receiving land use rights or having land use rights to implement socio-economic development projects not using state budget capital.
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| Vice Chairman of the National Assembly Nguyen Duc Hai concluded the working session. Photo: quochoi.vn |
Concluding the discussion, Vice Chairman of the National Assembly Nguyen Duc Hai stated that through the discussion, the delegates highly appreciated the determination and responsible working spirit of the National Assembly Standing Committee, the Government, the Economic Committee, the Ministry of Natural Resources and Environment, the National Assembly agencies, and the Government agencies in preparing reports on acceptance, explanation, and completion of the draft law. The delegates also highly appreciated the content of the draft law, which is consistent with many contents that have been accepted and revised.
Because this is a large, massive, and complicated law project, some delegates suggested that a National Assembly Resolution is needed to guide the implementation of the law. The Vice Chairman of the National Assembly requested the Government and research agencies to promptly develop a draft Resolution and the contents that need to be expressed in the Resolution to submit to the National Assembly.
The Vice Chairman of the National Assembly said that the opinions of the delegates have been recorded and fully transcribed, and will soon be compiled to serve the reception and explanation process. The National Assembly Standing Committee will direct the drafting agencies, the verification agencies, and relevant agencies to focus on research, promptly receive all participating opinions to complete the report, receive, revise, complete and report to the National Assembly at the morning session on Thursday, complete the draft law to submit to the National Assembly for consideration and approval.
Lan Anh (synthesis)
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