On September 3, sharing with Lao Dong reporter, Mr. Le Hoang Chau - Chairman of Ho Chi Minh City Real Estate Association (HoREA) - said that HoREA has sent a document to the Prime Minister and the Ministry of Agriculture and Environment to comment on the draft Law amending and supplementing a number of articles of the 2024 Land Law.
Accordingly, the Association proposes to add the "household" subject as "land user" to Clause 9 after Clause 8, Article 4 of the 2024 Land Law.
The reason for the above proposal, according to Mr. Le Hoang Chau, was previously stipulated in Clause 2, Article 5 of the 2013 Land Law that "household" is "land user", but now, Article 4 of the 2024 Land Law no longer stipulates that "household" is "land user".
This was explained by the Ministry of Natural Resources and Environment at that time because although "households" are "related parties" in some "civil transactions", "households" do not have legal status, so it does not stipulate that "households" are "land users".
However, HoREA found that this explanation is not really satisfactory, not really consistent with Article 101 of the 2015 Civil Code and has not inherited land laws through the periods from the Land Laws 1987, 1993, 2003, 2013.
Mr. Chau explained that Article 101 of the 2015 Civil Code stipulates that "households do not have legal status in civil relations" and stipulates that "In case the household participates in civil relations, members of the household are the subject participating in establishing and conducting civil transactions or authorizing the representative to participate in establishing and conducting civil transactions".
The determination of the subject of civil relations with the participation of households using land is carried out in accordance with the provisions of the Land Law, which used the phrase land-using household meaning that Article 101 of the 2015 Civil Code recognized the household as land user and only stipulated that the determination of the subject of civil relations with the participation of households using land is carried out in accordance with the provisions of the Land Law.
In addition, although Article 4 of the 2024 Land Law has not yet recognized the "household" as a "land user", the 2024 Land Law has up to 121 points, clauses and articles used from the "household" as a "land user" in the "civil society on land", so it is both an admission of the "household" as a "land user" and a specific regulation "determining the subject of civil relations with the participation of land-using households" as prescribed in Clause 2, Article 101 of the 2015 Civil Code.
The Chairman of HoREA also said that previously, the implementation of Clause 2, Article 5 of the 2013 Land Law stipulating that "land users" are "households" was regulated by the Government with Decree No. 43/2014/ND-CP and the Ministry of Natural Resources and Environment (now the Ministry of Agriculture and Environment) with Circular No. 30/2015/TT-BTNMT detailing and guiding the implementation to ensure smoothness and without any obstacles.
HoREA recognizes that "households" are "tschools, economic cells", where residential land and garden and pond land of "households" in the land plot are often "father-to-son" land passed down from generation to generation and are often used by "households" in common according to the tradition and culture of the nation.
Therefore, the Association proposes to add the "household" subject as "land user" to Clause 9 after Clause 8 (only proposed to add) Article 4 of the 2024 Land Law, which is very necessary to ensure the systematicity of the 2024 Land Law and the consistency and unity of the legal system.
