The workshop was chaired by Dr. Nguyen Van Quyen - President of the Vietnam Lawyers Association and Dr. Tran Cong Phan - Member of the 15th National Assembly, Permanent Vice President, General Secretary of the Vietnam Lawyers Association with the participation of representatives of the National Assembly's Law Committee; Ministry of Natural Resources and Environment...
Scene of the workshop "Improving the effectiveness of the implementation of the Land Law: Combating waste and violations in the use of public land".
At the workshop, the reporters and experts introduced, analyzed and clarified the provisions of the 2024 Land Law and related legal documents on policies and laws on management and use of public land, including public land of public service units and state-owned enterprises; identified the current situation and shortcomings in the recent past; proposed solutions to improve the effectiveness of combating waste and violations in the use of public land of public service units and state-owned enterprises in particular.
Speaking at the opening of the workshop, Dr. Nguyen Van Quyen - Chairman of the Vietnam Lawyers Association emphasized: Resolution 18-NQ/TW is expected to create strong breakthroughs, creating momentum for national development in the new period. The Resolution aims to enhance the role of the State's representative of ownership and management capacity on land; resolutely prevent corruption and negativity in the land sector; ensure harmony of interests between people, investors and the State, in which people are the center. At the same time, Resolution 18-NQ/TW affirms: "Land is owned by the entire people, with the State representing the owner and uniformly managing" and clearly indicates the property nature of land use rights. The Resolution also aims to expand access to land for people and businesses...
Dr. Nguyen Van Quyen - President of Vietnam Lawyers Association informed at the workshop.
Mr. Le Van Binh, Deputy Director of the Department of Land, Ministry of Natural Resources and Environment also said that after nearly 8 years of implementation, in addition to the achieved results, the regulations in the 2013 Land Law have gradually revealed many limitations such as: land use planning has not ensured synchronization, comprehensiveness, system, low quality, lack of long-term vision; land resources have not been fully exploited, promoted and sustainable, land use in some places is still wasteful, low efficiency; land recovery, compensation, support, and resettlement in some places have not ensured harmony of interests between the State, land users and investors...
The 2024 Land Law consists of 16 chapters and 260 articles, an increase of 2 chapters compared to the 2013 Land Law (adding 1 chapter regulating land fund development and separating the chapter on land recovery, land requisition, compensation, and resettlement support into 2 chapters). Of which, 180/212 articles of the 2013 Land Law are amended and supplemented, 78 new articles are added, 30 articles are removed (due to merging 13 articles; removing 13 articles and separating 4 articles).
Mr. Le Van Binh, Deputy Director of the Department of Land, Ministry of Natural Resources and Environment, said: The 2024 Land Law has moved the regulations on the rights and obligations of land users to be placed right after the chapter on the rights and responsibilities of the state and citizens regarding land and before the regulations on state administrative management of land. This demonstrates respect for the rights of the people, considering the people as the root, the foundation, and the center of the policy.
The new law also inherits and perfects regulations on land use principles, adds principles of land protection and adaptation to climate change; stipulates the responsibilities of those assigned land by the State for management; adds regulations to encourage effective land use, concentrate land for large-scale agricultural and forestry production, and develop infrastructure to increase land value.
Notably, the law has supplemented and improved regulations on prohibited acts. For agencies and competent persons, in addition to strictly prohibiting the abuse of positions and powers to violate the provisions of the law on land management, failing to provide information or providing inaccurate land information..., it has added strict prohibitions on the following acts: failing to meet the time limit requirements as prescribed by law; failing to prevent or handle violations of land laws; violating land policies for ethnic minorities; and gender discrimination in land management and use.
Associate Professor, Dr. Dinh Dung Sy (former Deputy Director of the Department of Law, Government Office) said that the 2024 Land Law is expected to create a more complete and favorable legal basis for the equitization of state-owned enterprises.
While there are many reasons for the slow equitization of state-owned enterprises in recent years, the main reason comes from difficulties in determining the value of land use rights.
Another big problem is that when an enterprise is equitized, it must develop a land use plan and approve the land use plan, and the value of land use rights must be included in the actual value of the enterprise. Most state-owned enterprises are slow to equitize or cannot equitize because they are stuck at the stage of approving the land use plan. Not to mention, many regulations are not really clear, many administrative procedures are unnecessary, causing inconvenience and prolonging the equitization process.
“The 2024 Land Law has added a mechanism to determine the value of land use rights, a mechanism that is expected to remove difficulties for state-owned enterprises during equitization,” said Associate Professor, Dr. Dinh Dung Sy.
Source: https://www.congluan.vn/luat-dat-dai-2024-duoc-ky-vong-nang-cao-hieu-qua-chong-lang-phi-va-vi-pham-trong-su-dung-dat-cong-post308977.html
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