Draft of Land Law


On August 30, 2022, the Government issues Resolution No. 111/NQ-CP at the seminar meeting on law-making on August 2022.

Accordingly, the project of the Land on amending the Land Law on finishing 10 problems as follows:

– Auction of land use rights, bidding the project of using land (Article 63, 64, 65): Review, complete the conditions of auction, bidding, classifying all the application cases, ensure the transparency, feasibility, and convenience in implementation.

– The State recovers land (Article 67, Article 68): It is necessary to specify criteria, and conditions to avoid the abuse of land acquisition.

– Open the limitation of transfer of agricultural land (Article 146): Agree to open the limitation of transfer of agricultural land. However, it is necessary to evaluate the impacts and define the limitation to ensure their suitability to the current situation.

– Expand the objectives of transfer of land for paddy land for organizations and individuals who are not involved in agricultural production (Article 124):

This is great and sensitive content so it is necessary to evaluate the reaction to this regulation; stipulate tight mechanisms and conditions to ensure farmers have land for production and national food security.

– Regarding the establishment of a support fund for people whose land has been recovered and has limited working capacity (Article 94): Consider only the principles and support mechanisms in the Law and assign the Government to prescribe specific details.

Draft of Land Law focuses on amending 10 problems (Illustration)

– Regarding the responsibility of the investor in the industrial zone, spend the land area for the State to implement the land policy (in Article 168): Assign localities to determine the appropriate support to the actual situation, at the same time, it is necessary to study specific regulations on appropriate conditions, criteria, and processes, avoiding the “application – approval” mechanism.

– Transfer, mortgage “lease rights in the land lease contract of annual payment” (Article 198, Article 212): It is necessary to strictly regulate the conditions, to avoid the case that the investor has not fulfilled the financial obligations of the land but takes advantage of this policy to mortgage and transfer profits.

– Regarding the mechanism of agreement on receiving the transfer of land use rights for the implementation of urban and commercial housing projects (in Article 66): The Ministry of Natural Resources and Environment, the Ministry of Construction, and the Ministry of Justice continue to evaluate the influences to complete this content.

In case the projects of urban areas or commercial houses have just had land recovered and transferred (Clause 1, Article 66), it is necessary to specify when to recover the land and when to receive the transfer. Simultaneously solving problems related to land use regime for offices, tourism, and resort real estate…

– Assessment of land by economic organizations with foreign capital (Article 6, Article 206): The Ministry of Natural Resources and Environment shall cooperate with the Ministry of National Defense: The Ministry of Construction, the Ministry of Public Security, the Ministry of Planning and Investment to make clear and complete this content.

– Transaction via real estate transaction floors (Article 211): Most members of the Government agree with the draft of the Land Law, in order to avoid more intermediaries, and arising costs…

– Perfect the machine, operation mechanism, and finance of the land fund development organizations (in Article 105): It is necessary to clarify the functions of land fund development organizations and banks for leasing agricultural land. Consider merging these two organizations into one.

– Opinions of the Government Member and some important contents are as follows: Application principles, criteria, and conditions for auction of land use rights bidding for projects of using land… continue to study, evaluate and collect comments to complete the draft.

The draft of the Law on amending and supplementing the Land Law will be submitted to the National Assembly for consideration and approval in 03 sessions.

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