On October 15, the Vietnam Real Estate Association coordinated with the Ministry of Natural Resources and Environment and the Ministry of Construction to organize a Dialogue Conference between law drafting agencies and experts on how to understand and apply the Land Law to the practical operations of real estate businesses.
Mr. Nguyen Dac Nhan - Deputy Director of the Land Department, Ministry of Natural Resources and Environment - pointed out 8 notable new points in the Land Law. The first new point is related to the issue of decentralization and delegation of power in state management of land.
According to Mr. Nhan, the 2024 Land Law has decentralized all authority to allow the conversion of forest land and rice land use purposes to the Provincial People's Council.
Decentralize the approval of national land use plans to the Government; the Prime Minister approves provincial land use plans and provincial land use plans.
The second new point relates to the issue of land user rights. According to the 2024 Land Law, domestic individuals and overseas Vietnamese who are Vietnamese citizens are both "individuals" using land.
Thus, Vietnamese people residing abroad are Vietnamese citizens with full rights and obligations in land management and use like individuals in the country. This regulation will improve the efficiency of land use.
The third new point is related to land use planning. National land use planning only controls the indicators of rice-growing land, protective forest land, special-use forest land, production forest land that is natural forest, national defense land, and security land.
As for district-level land use planning, the content of the annual district-level land use plan is simpler.
The fourth new point is related to land recovery. The 2024 Land Law specifically stipulates the basis and conditions for land recovery for national defense and security purposes; socio-economic development for national and public interests.
The condition for land recovery is to complete the approval of compensation, support, resettlement plans and resettlement arrangements according to the provisions of the Land Law.
The fifth new point is related to the issue of compensation, support, and resettlement when the State reclaims land. The Law has amended and supplemented the compensation principles in the direction of diversifying the forms of compensation.
The Law also expands the composition of the Compensation, Support and Resettlement Council to ensure objectivity and transparency.
The sixth new point is the issue of land allocation, land lease, and change of land use purpose. The 2024 Land Law has stipulated cases of land allocation and land lease through bidding to select investors to implement projects using land.
The seventh new point is related to land finance. Accordingly, the Government's regulations on land price framework are abolished; The land price list is first announced and applied from January 1, 2026; it is adjusted, revised and supplemented annually.
In addition, the Law also specifically stipulates 4 methods of land valuation, including: Comparison method; income; surplus and land price adjustment coefficient method. Accordingly, the Government has issued Decree No. 71/2024/ND-CP dated June 27, 2024 regulating land prices.
The eighth new point is the land use regime. According to the representative of the Ministry of Natural Resources and Environment, the Law has expanded the limit for receiving the transfer of agricultural land use rights of individuals to no more than 15 times the limit for agricultural land allocation of individuals.
Expand the subjects eligible for transfer of rice-growing land to individuals not directly engaged in agricultural production within the land allocation limit.
