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).

Land finance, land price is one of the important contents, having a profound influence on many aspects of society, in the Draft Land Law (amended) has shown a significant adjustment orientation, as follows:
(1) Additional financial revenues from land include: Collection of annual land use levy when using land in combination with other purposes; Land use levy and land rent increase for projects that are behind schedule and do not put the land into use;
(2) Additional revenues from public land services; Regulations on the time of calculation and collection of land use levy and land rent in case of adjustment of detailed construction planning that causes changes in land use and the determination of land prices as a basis for collection of obligations.
(3) Completing regulations on exemption and reduction of land use levy and land rent in the direction of clarifying regulations on the exemption from land use levy, land rent, reduction of land use levy, and land rent. Supplementing and clarifying cases of exemption or reduction of land use levy and land rent for land for construction of railway infrastructure, iron and railway stations; land for construction of educational, medical, environmental and cultural protection works or land use in mountainous, border and island communes, not in urban development planning areas.
(4) Completing regulations on land pricing principles in line with market principles; perfecting and supplementing the principle of ensuring the independence of professional expertise, honesty, and objectivity of land valuation results between the valuation agency, the appraisal agency, and the deciding agency.
(5) Abolish the Government’s land price bracket regulations, amend regulations on land price lists and specific land prices, and the Land Price Appraisal Council. Provincial People’s Committees are authorized to authorize district-level People’s Committees to decide on specific land prices in case of land recovery within the competence of district-level People’s Committees.

Meaning of amendments in the Draft Land Law (amended)
– Establish a synchronous legal framework to shift from administrative-heavy management to using economic tools for management;
– To continue the land relations, overcome problems in actual implementation;
– Ensuring public and transparent pricing; equity in land use;
– Reducing procedures in the process of determining and approving specific land prices;
– Use land effectively, bring into play land resources;
– Preventing losses, ensuring correct and sufficient revenue for the state budget.

*** 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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