Many issues that delegates have not yet agreed on, the National Assembly Standing Committee has designed two options to seek opinions, such as land recovery for commercial housing, land exploitation and management.
On October 3, the National Assembly spent the entire day commenting on the draft revised Land Law. The 413-page report on receiving, explaining, and revising the draft law raised a series of issues on which delegates had different opinions.
Regarding bidding and auctioning for commercial housing projects , mixed housing and commercial and service projects, which are subject to revocation, there are opinions stating that currently the land area that has been cleared will be auctioned. Land that has not been cleared but has investment projects will be auctioned to select investors. When bidding, it is only determined by the value according to the local price list, not determining the added value.
Therefore, to resolve the problem of the two land recovery mechanisms, the delegates proposed auctioning all cases to ensure the increased value of land collected for the State budget. In cases where land has not been cleared, it is still possible to auction conditionally, meaning that investors must have financial resources to ensure land clearance. Compensation is calculated as in the case of the State, that is, calculated according to price lists, giving a unified value according to current regulations.
The National Assembly Standing Committee said that the draft Law has provided clearer regulations on cases of land use rights auctions and bidding to select investors to implement projects. In particular, projects that mainly access land such as commercial housing projects, mixed housing and commercial and service projects, the Provincial People's Council stipulates criteria to decide on projects to conduct bidding to select investors in accordance with local realities; the rest are cases of land use rights auctions.
Four delegations of the National Assembly and agencies agreed with the above regulation, three delegations expressed concerns that assigning the provincial People's Council to decide on this content would create unprecedented additional authority and responsibility for the provincial People's Council. The delegations requested to carefully study the rationality and feasibility of the regulation to avoid each project having to be considered separately, which could easily lead to people comparing and giving opinions.
The Standing Committee of the National Assembly believes that this is new content for the provincial People's Council, and there may be delays in the initial implementation period, when the provincial People's Council has not yet issued criteria and conditions to have a basis for considering and deciding on each case. Therefore, the Standing Committee proposes to study the specific criteria in the Law as a basis for assigning the provincial People's Council to decide.
Thu Thiem New Urban Area, Thu Duc City, February 2023. Photo: Thanh Tung
Regarding the development, exploitation and management of land funds, there are opinions suggesting considering the necessity and reasonableness of Article 113 on projects using land funds created by the State. Based on the opinions and reports of the Government, the draft Law designs two options for delegates to discuss.
Option 1 is to remove Article 113, which does not clearly contain the meaning of "land fund creation project". The land fund development center only invests in building technical infrastructure on the assigned land to organize auctions of land use rights; allocates and leases land to implement investment projects in accordance with the provisions of law; leases short-term land to organizations and individuals in the unallocated land fund, leases...
Option 2 is to maintain Article 113 and assign the land fund development center as the investor to implement the projects specified in this Article. Accordingly, the role of the land fund development center is that of a public investor implementing land fund creation projects. Through the land fund development center, the State becomes the creator, shaper, and leader of the primary land market so that it can immediately allocate land for investment projects.
However, the land fund development center both performs public tasks and carries out investment activities, mobilizes capital from organizations, individuals and other sources, which will pose potential risks during the implementation process. Therefore, the draft Law has incorporated the opinions of National Assembly deputies, and amended it in the direction of specifying land recovery projects in Article 79 instead of referring to the article on projects using land funds created by the State.
Eight delegations of the National Assembly and agencies agreed with option 1; seven delegations agreed with option 2. The majority of opinions of the National Assembly Standing Committee also agreed with option 1 and asked for the National Assembly's opinion on this content.
Phan Thiet - Hoa Thang coastal tourism and resort project, Binh Thuan province, June 2023. Photo: Viet Quoc
There are suggestions to supplement land use planning in the tourism sector because the draft Land Law does not yet regulate the types of land use for agriculture, forestry, and aquaculture in the tourism sector. This affects investment in infrastructure and facilities of tourism businesses and establishments.
The National Assembly Standing Committee believes that tourist area land belongs to the functional area index in land use planning at all levels, is a multi-purpose index including trade services, production and business... Regulations on the type of land use for agriculture, forestry, and aquaculture in tourism activities have been stipulated in Article 218 for multi-purpose land.
Clause 7, Article 256 of the draft Law on amending and supplementing a number of articles of the Forestry Law stipulates that "construction works serving eco-tourism, resorts, and entertainment are allowed; the order and procedures for construction, appraisal, and approval of projects in special-use forests shall comply with the Forest Management Regulations and other relevant legal provisions".
The draft revised Land Law has been commented on by the National Assembly at its 4th and 5th sessions. The National Assembly will vote and pass the draft law on the morning of November 29, the last day of the 6th session of the 15th National Assembly.
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