In order to serve the appraisal of the Ministry of Justice on the Land Law (amended) project, the Ministry of Natural Resources and Environment has recently submitted Report No. 47/TTr-BTTMT to the Government, including the topic: detailed update on new points in the Draft Land Law (amended).
January – February 2023, Ministry of Natural Resources and Environment; Relevant ministries, branches, and People’s Committees of provinces and cities organize conferences, and seminars to collect people’s opinions on the draft Land Law (amended) (according to the plan in Resolution 150/NQ- CP in 2022 issued by the Government).
The issue of land use regime is one of the important contents, having a profound influence on many aspects of society. The Draft Land Law (amended) has shown a significant adjustment orientation, as follows:
(1) Regarding the quota for receiving the transfer of agricultural land use rights of households and individuals: The draft stipulates that the extension of this transfer limit does not exceed 15 times the agricultural land allocation quota of households, individuals, and at the same time assign the People’s Councils of provinces on the basis of economic, social, environmental conditions and land capacity to set limits on receipt of a transfer of agricultural land use rights of households and individuals accordingly.
(2) Regarding the recipients of agricultural land transfer: Expand the recipients of agricultural land transfer to economic organizations, households, and individuals not directly engaged in agricultural production.
(3) Supplementing regulations on forms of concentration and accumulation of land for agricultural production, mechanism of land use right contribution, and adjustment of land use rights for agricultural land concentration projects; policies to encourage organizations, households and individuals to concentrate land for agricultural production.
(4) Adding regulations that agricultural land users are allowed to change the structure of crops and livestock, improve the efficiency of agricultural land use according to the planning, and use a proportion of the land to build restoration works, direct service of agricultural production combined with services, but must ensure that it does not affect the planned agricultural land area.
(5) Legalizing a number of provisions in Decree 43/2014/ND-CP and Decree 118/2014/ND-CP of the Government regulating the regime of land use management of agricultural and forestry companies after being rearranged, renewed and developed, to improve operational efficiency.
(6) Supplementing the regime of using concentrated livestock land, land for railways, land for construction of aerial works, adjusting land use rights; amending regulations on the use of production forest land, protection forest land, and special-use forest land to be consistent with the provisions of the law on forestry.
(7) Amending and supplementing the use regime of some types of land to ensure economical and efficient use of land (land for national defense and security; land in industrial parks, export processing zones, industrial clusters, high-tech zones; land for mineral activities; land for airports, civil airports; religious land).
(8) Regarding multi-purpose land use: The Draft Law has stipulated general principles for the use of land in combination with different purposes, the content of combined land use for rice, forestry, land with the water surface, land for national defense and security combined with labor, production, economic construction… This combined use does not change the main land use purpose and does not cause any harm, affecting the conservation of natural ecosystems, biodiversity, and environmental landscapes.
Meaning of amendments in the Draft Land Law (amended)
The amendment and supplementation of the contents as mentioned above aims to:
– Create a legal basis for unified management and organization;
– To effectively exploit and use land resources, contributing to promoting socio-economic development, national defense, and security;
– Ensuring the lawful rights and interests of land users;
– Enhance the State’s responsibility in ensuring the exercise of the rights of land users;
– To embellish and develop urban centers and rural residential areas on the basis of the consensus of land users, contributing to improving living conditions for urban and rural residents;
– Improve land use coefficient, and land use efficiency through the exploitation of underground space and aerial space.
* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.
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