Delegates also raised a number of issues related to the issue of expanding the subjects receiving the transfer of agricultural land use rights; methods of determining land prices; reviewing the decentralization and delegation of authority in land management...
Preventing agricultural land speculation
Delegate Nguyen Thi Lan (Hanoi) said that the draft Land Law (amended) has many new contents, associated with the synchronization of related laws on issues that are still stuck in practice such as land use; land finance; land recovery; compensation, site clearance; land planning, bidding; inspection, settlement of land disputes; security, national defense...
“The draft law also inherits the 2013 Land Law, continues to amend and supplement many contents according to the comments of organizations, enterprises, and land users with the goal of improving the effectiveness of land management and use, meeting the requirements of socio-economic development, and at the same time limiting violations of the law in land management and use in recent times,” said delegate Nguyen Thi Lan.
Expressing opinions on expanding the subjects receiving the transfer of agricultural land use rights, including rice-growing land, delegate Nguyen Thi Lan proposed to amend the provisions in the draft Law to be more stringent on the conditions for transferring agricultural land use rights, in which it is necessary to take into account the characteristics of the types of land for which the transfer of land use rights is carried out and the subjects receiving the transfer.
In case the recipient of the rice-growing land transfer is an individual who is not directly involved in agricultural production, the delegate suggested that there should be a strict control mechanism to prevent the exploitation of regulations on agricultural land speculation, affecting the policy's objectives.
At the same time, the delegate also proposed to study and supplement the regulation that individuals who receive the transfer of the right to use rice-growing land must establish an economic organization that meets the requirements specified in Clause 5, Article 46, which is to have an agricultural land use plan approved by the provincial People's Committee. "If the implementation is not effective as proposed, what will be the sanctions for recovery and conversion?", delegate Nguyen Thi Lan wondered and agreed, it is necessary to study and conduct a pilot implementation in some localities, evaluate and summarize before applying on a larger scale.
Regarding the right to choose the form of land allocation and land lease of public service units, delegate Nguyen Thi Lan also proposed to have a mechanism to exploit effectively, avoiding wasting land funds currently managed by public service units. To ensure strictness, the delegate proposed to amend the regulation in Clause 2, Article 35 in the direction that when leasing land, public service units are not allowed to sell assets attached to the land and the lease rights in the land lease contract, and are not allowed to mortgage assets attached to the land, thereby ensuring safety, better management and control.
Need to regulate methods for determining land prices
National Assembly Chairman Vuong Dinh Hue speaks. Photo: Doan Tan/VNA
Giving opinions in the group, National Assembly Chairman Vuong Dinh Hue emphasized that compared to the previous time, the draft Land Law (amended) submitted at the 5th Session has very fundamental changes, in which the people's contributions are very specific, proposing each article, clause, and what is reasonable and unreasonable.
Emphasizing the regulation that there must be a mechanism and method for determining land prices according to market principles in Resolution 18-NQ/TW, the National Assembly Chairman said that the draft Land Law (amended) does not clearly stipulate the method for determining land prices. Regarding the principles, basis and methods for land valuation, the draft Land Law (amended) stipulates that the Government shall specify the determination of land prices; the contents and conditions for applying land valuation methods; the development and application of land price lists and specific land valuation; inspection and supervision of implementation; and land valuation consultancy.
The National Assembly Chairman emphasized that the most difficult issue in the Land Law is land finance, of which the most difficult is land valuation. Therefore, the law must stipulate principles and methods for determining land prices.
Citing the Resolution on piloting a number of specific mechanisms and policies for the development of Ho Chi Minh City this time, the National Assembly Chairman said that one of the most important points is that the City persistently proposes to continue piloting the K coefficient method, because this method is transparent and easy to do. With the K coefficient, the problem of border land prices will be solved. "If the method of determining land prices is not clearly stipulated in the Law, the National Assembly cannot confidently pass this Law project. Our point of view is that the Government presents this issue, includes a chapter or a few articles in the law, which stipulates the principles and regulations on the method of determining land prices," the National Assembly Chairman emphasized.
Regarding the issue of collecting opinions on planning and land use plans, the National Assembly Chairman said that it is necessary to have substantive regulations, avoiding formalities. "If the rate of agreement is not 100%, what percentage can make a decision? In case people do not agree, which cases are considered consensus and non-consensus?", the Chairman asked and said: "If there are no specific regulations, the feasibility will be very low, making it very difficult for the operator. Collecting opinions on planning must be substantive."
In addition, the National Assembly Chairman also said that reviewing and adjusting land use planning and plans will also cause many problems if not regulated carefully, it will be very difficult to operate. Reviewing and adjusting land use planning and plans is inevitable, so it is necessary to supplement regulations and principles for reviewing and adjusting land use planning and plans. Stipulating basic criteria for reviewing and adjusting land use planning and plans to limit unnecessary and arbitrary changes. Stipulating additional sanctions for organizations and individuals with authority in reviewing and adjusting land use planning and plans will have enough deterrence.
Proposing that the law must provide consistent tools and methods for calculating prices, delegate Le Thanh Van (Ca Mau) said that there is a connection between the survey and assessment of areas with complex land prices and the land price list. In the case of a higher price, the law "does not have a solution" on how to handle it.
In a location where land prices are not determined, delegate Le Thanh Van suggested taking the average price in the last 5 years to divide the average land price. "If there are areas that do not have many interactions in terms of trade and transactions such as remote areas, we can take the value of goods production (such as corn cultivation, rice cultivation...) in the last 5 years and add them up and divide. In addition, it is necessary to calculate additional factors such as traffic and soil...", delegate Le Thanh Van stated.
Strengthen decentralization, delegation of authority, reduce administrative procedures
Speaking at the discussion in the group, Prime Minister Pham Minh Chinh affirmed that when amending the Land Law project, the most important thing is to closely follow reality, start from reality, take reality as a measure; and maximally resolve the difficulties and inadequacies that are being handled in the exploitation and use of land resources - a very important resource for national development.
Stating that the country's development is based on three main pillars: people; nature (including land); culture, historical traditions, Prime Minister Pham Minh Chinh said: "Resolving the remaining problems from practice to maximize the exploitation of resources but also enhancing the forecasting vision, so that the revised law has a more innovative mindset and strategic vision. The passing of this law will contribute significantly to liberating resources from land, ensuring the harmony of interests of the state, people, investors, as well as reviewing the decentralization and delegation of power in land management.
The Prime Minister emphasized that decentralization and delegation of power must be stipulated in the law; coupled with resource allocation, improving the implementation capacity of the decentralized level, especially strengthening supervision and inspection work to avoid deviation from the direction and goals.
Raising the issue of how to reduce: cumbersome administrative procedures; compliance costs; travel of people and businesses; increase the application of information technology, digital transformation in the land sector, Prime Minister Pham Minh Chinh said that there are still many administrative procedures because they are not regularly and continuously reviewed. Meanwhile, land use planning and plans are also issues that need to clearly define authority, increase decentralization, and reduce administrative procedures.
“Land use planning and plans must both address immediate urgent issues and have a long-term vision for sustainable and long-term development. Land is a constant and cannot be created, so how to use and exploit it effectively, including the space in the sky, on the ground, underground space, and sea space... needs to assess the impact, study carefully and especially use land resources economically,” the Prime Minister emphasized.
Regarding land clearance and resettlement support, the Prime Minister said that the Party and State's viewpoint on this issue is very clear: when land is reclaimed and people are resettled and moved to another place, the new place of residence must be at least equal to or better than the old place. "We must legalize, quantify, and clearly explain what is equal and what is better," the Prime Minister said.
Regarding land valuation, the head of the Government said that land valuation must be consistent with the development of a socialist-oriented market economy; at the same time, there needs to be a State management tool to ensure that the market develops healthily but does not create disruptions or difficulties for people and businesses when they have to give up land to implement projects. The Prime Minister stated that it is necessary to improve the management capacity of officials, including cadastral officials, and at the same time, it is necessary to build a comprehensive land database that can be linked between localities when looking up.
Discussing opinions in the group, delegate Dang Quoc Khanh (Ha Giang) said that compensation and resettlement need to pay attention to the people's lives after resettlement, must ensure equal or better. In which, people's lives not only include technical infrastructure, social infrastructure, production, livelihood... but also must be associated with culture and community.
According to Minister of Natural Resources and Environment Dang Quoc Khanh, this issue will be clearly defined in the law, decentralized to localities for implementation, in particular, resettlement will not be implemented rigidly. "The responsibility of the law is to set out the framework, requirements, goals, and objectives, but local authorities must participate in this. Local leaders listen to people's opinions, conduct sociological surveys, and do not rigidly prescribe forms of resettlement arrangements."
Regarding the issue of land price determination, Mr. Dang Quoc Khanh said that land price determination must ensure the following principles: Land price determination method according to market principles. “Only localities can clearly understand whether their land prices are virtual fever or not. Therefore, localities will decide on their own local land prices. When there is a sudden problem, the Provincial People's Council can adjust land prices. However, the law stipulates that it must be changed once a year, which is also very difficult,” Mr. Dang Quoc Khanh stated and said that the Drafting Agency will study, absorb, and adjust this issue appropriately.
According to VNA/Tin Tuc Newspaper
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