Collect public opinions seriously, democratically, scientifically
Reporting at the meeting, Minister of Natural Resources and Environment Dang Quoc Khanh said that the organization of collecting public opinions on the draft Land Law (amended) will be carried out from January 3, 2023 to March 15, 2023.
Minister of Natural Resources and Environment Dang Quoc Khanh affirmed that the organization of public opinion collection has been implemented seriously, synchronously, democratically, scientifically, publicly, transparently, in-depth, ensuring substance and effectiveness with many diverse and rich forms down to the grassroots level of communes, wards, towns, residential areas, and residential groups, mobilizing most agencies and organizations in the political system, all social strata to participate, attracting the attention of many classes of people in the country, Vietnamese people residing abroad, truly becoming a profound political activity, an important political-legal event. The opinions of the people all show deep interest, enthusiasm, and responsibility.
Minister of Natural Resources and Environment Dang Quoc Khanh presented a report explaining, accepting and revising the draft Land Law (amended).
Increase 5 Sections, add 40 new Articles
Minister of Natural Resources and Environment Dang Quoc Khanh said that, taking into account the people's opinions, a number of chapters, sections and articles have been revised and fundamentally changed in structure and content. The draft Law after completion has a structure of 16 chapters, 263 articles, of which 5 sections have been increased (section 3 of Chapter IV, section 1 of Chapter VII; sections 1, 2, 3 of Chapter XVI), 40 new articles have been added, and 13 articles have been removed compared to the draft for public opinion.
In particular, the draft Law has added in Article 32 the regulation that land users who are currently leasing land from the State and paying a one-time fee for the entire lease term can choose to switch to paying annual land rent and the paid land rent will be deducted from the annual land rent payable; added the regulation that public service units that are allocated land by the State without collecting land use fees and need to use part or all of the allocated area for production, business, and service provision can choose to switch to the form of State leasing land with annual land rent payment for that area; added the responsibility of the Ministry of Home Affairs and People's Committees at all levels in determining administrative boundaries on the field, establishing local administrative boundary records and the use and provision of cadastral records for land management; added the regulations on resolving administrative boundary disputes...
Fundamental amendments to the contents of land acquisition, compensation, support and resettlement
Regarding land recovery, requisition, compensation, support and resettlement, Minister of Natural Resources and Environment Dang Quoc Khanh emphasized that this is the content that has received many comments from the people. Incorporating comments, the draft Law has amended the entire content of Article 79 in the direction that the State recovers land to implement socio-economic development projects for national and public interests in order to promote land resources, improve land use efficiency, develop modern socio-economic infrastructure, implement social security policies, protect the environment and preserve cultural heritage; specify cases of land recovery for types of public works in each field; land recovery for the construction of state agency headquarters, public works and some other really necessary cases.
Overview of the meeting.
The drafting agency has researched, absorbed specific regulations, and legalized a number of regulations in the decrees guiding the implementation of the current Land Law, which have been proven in practice to be appropriate, ensuring the legitimate rights and interests of people whose land is recovered, creating consensus, reducing complaints; and at the same time creating favorable conditions for localities in organizing implementation. Specifically: Compensation, support, and resettlement when the State recovers land must ensure democracy, objectivity, fairness, publicity, transparency, timeliness, and compliance with the provisions of law. People whose land is recovered are compensated for damage to land, property attached to land, investment costs in land, and damage due to cessation of production and business; are supported in vocational training and job search, supported in stabilizing life and production, and supported in resettlement when the State recovers residential land; are given priority in choosing the form of compensation in cash if they need to be compensated in cash. Compensation land price is the specific land price of the type of land recovered at the time of approval of the compensation, support and resettlement plan;
Clarifying principles, bases and methods of land valuation
Notably, the draft Law also clarifies the principles of land valuation, market land prices, land valuation bases, input information for determining land prices, and land valuation methods. Supplementing regulations on land valuation consultancy. Accordingly, land valuation must ensure the following principles: methods for determining land prices according to market principles; strictly complying with methods, procedures, and land valuation procedures; ensuring objectivity, publicity, and transparency; ensuring independence in the stages of determining land prices, appraising land prices, and deciding on land prices. Input information for determining land prices according to the methods must ensure: land prices are recorded in notarized and certified land use right transfer contracts; land prices winning land use right auctions without being affected by factors causing sudden price increases or decreases, transactions involving blood relations, or other incentives recorded in the national land database; In cases where there is no land price information in the land database, collect land price information through investigation and survey, information on revenue, costs, and income from land use according to the market.
Delegates at the National Assembly session on the morning of June 9.
At the same time, continue to stipulate that the land price list is issued annually to ensure that land prices are consistent with market principles. However, supplement the provision on transitional implementation in the direction of continuing to use the current land price list until December 31, 2025 so that localities have enough time to develop and issue new land price lists in accordance with the new provisions of the Land Law. Regulate that the People's Committee at the competent level must approve specific land price decisions within no more than 180 days from the date of the decision on land allocation, land lease, permission to change land use purpose, land use extension, change of land use form, adjustment of land allocation and land lease decisions, and adjustment of detailed planning.
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