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).

Issue of compensation, support, and resettlement of land when the State recovers land as 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, specifically as follows:
(1) Amending and supplementing principles in the direction of diversifying forms of compensation for land for households and individuals whose land is recovered to suit the needs of land users and specific conditions of the land users. For each locality: In addition to compensation for land with the same use purpose, if there is no land, compensation in cash as prescribed in current regulations will be compensated with other land or houses if the locality has land and land users in need. Regulations on approval of compensation, support, and resettlement plans must be done before a decision on land recovery is issued.
(2) Supplementing regulations on the support fund for people with limited working capacity when the State recovers land established by the People’s Committee of the province. The Fund’s financial sources are deducted from local land use levies and land rents; contributions from organizations, individuals, and other sources as prescribed by law.
(3) Supplementing regulations for houses, and daily-life works attached to the land of households and individuals, are usually equal to the value of new construction of houses and works with technical standards. equivalent, regardless of the extent of damage to houses and works, and the responsibility to issue a price list of compensation for actual damage to houses and constructions.
(4) Supplementing regulations on people whose residential land is recovered to implement housing projects, old apartment renovation projects in sync with the system of technical infrastructure, social infrastructure, environmental protection, project relocation of works, production, and business establishments that are subject to relocation due to environmental pollution according to regulations, resettlement projects shall be arranged for on-site resettlement; stipulates the responsibility for investors of the above projects to set aside land and house funds for on-site resettlement.
(5) Supplementing regulations that where necessary, the competent authority to decide the investment policy of the project in accordance with the law on investment considers and decides to separate the contents of compensation, support, and resettlement into a project. separate projects and organize the implementation independently at the same time as approving the project investment policy. This regulation aims to speed up the implementation of investment projects by separating the content of land acquisition and site clearance into separate projects for implementation before the implementation of investment projects.

Meaning of amendments in the Draft Land Law (amended)
– Harmonize interests between the State, land users, and investors;
– Ensure sustainable and better livelihoods for people whose land is acquired;
– Overcoming the status of lawsuits and delays in site clearance for investment projects.

*** Note: The Draft Land Law (amended) includes 237 articles, of which 48 articles remain unchanged; amending and supplementing 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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