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).

Here, let’s take a look at 8 primary contents of the draft Land Law with Bizlawyer:
(1) More specifically stipulates the rights and responsibilities of the State as the representative of the owner, unified management of land, and the rights and obligations of citizens.
(2) Completing synchronously the regulations on building the regulatory system synchronous land use planning at 03 levels, associated with urban planning, construction, and infrastructure to ensure suitability, unity, synchronization, close connection, and mutual promotion of development.
(3) Publicity, transparency, and equality in land allocation and land lease; mainly allocate and lease land through the auction of land use rights, bidding for projects using land in order to increase state budget revenue and mobilize social resources, especially for investment projects has a highlight nature, creates a driving force for development and requires synchronous infrastructure and architecture.
(4) Decentralization of authority for localities in the management and use of land in the area, and at the same time establish central management mechanisms through regulations on a land information system, and database Data on land is centralized, unified, and manages all changes of each land plot.
(5) Regulating the authority to separate investment projects for the agency deciding the investment policy of the project according to the provisions of the law on investment to deal with the delay in project implementation due to the delay in handing over the ground; at the same time, assign responsibility to the provincial People’s Committee to direct the organization of land recovery, compensation, support, and resettlement.
(6) Completing regulations on land prices according to market principles to ensure publicity, transparency, and supervision by the People’s Council; financial, budgetary, and tax policies to regulate income from land, additional rents not brought by the investment by land users, settle speculation, slow land use, and abandoned land.
(7) Continuing to improve the rights of land users, especially the right to transfer and mortgage the lease right in the land lease contract with annual payment; expand the limit, the recipients of agricultural land transfer to promote the commercialization of land use rights, market capitalization, and promote land resources.
(8) Completing regulations on the regime of using multi-purpose land, agricultural land in combination with trade and service; land for national defense and security combined with productive labor, economic construction, religious land combined with other purposes, land with water surface for multi-purpose use, underground and aerial space use, .. . to arouse the potential, bring into full play the land resources, in line with the development trend.

*** Note: The Draft Land Law (amended) includes 237 articles, of which 48 articles remain unchanged; amended and supplement 153 articles; added 36 new articles and abolished 8 articles.

* 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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