The Ministry of Agriculture and Environment has drafted a law amending and supplementing a number of articles of the 2024 Land Law and is seeking opinions.
Flexible compensation and land recovery procedures
The draft Law amends and proposes to amend Clause 10, Article 84 as follows: In case the land user or owner of property attached to the land agrees to reclaim the land before approving the compensation, support and resettlement plan, the Chairman of the People's Committee of the commune where the land is reclaimed shall decide to reclaim the land before approving the compensation, support and resettlement plan.
In case of land recovery where the land user or owner of the property attached to the land has been arranged temporary residence or paid temporary residence fees and agrees to recover the land before completing the resettlement arrangement, the Chairman of the People's Committee of the commune where the land is recovered shall decide to recover the land before completing the resettlement arrangement.
According to current regulations, land recovery can only be carried out after the compensation, support and resettlement plan has been approved. The draft Law has loosened this provision.
Choosing the form of land lease for businesses
The draft Law amending and proposing to amend Article 120 stipulates land lease as follows:
The State leases land in cases not falling under the provisions of Articles 118 and 119 of this Law. Land users have the right to choose the form of land lease with one-time land rent payment by the State for the entire land lease term or land lease with annual land rent payment.
Public service units choose the form of State lease land with one-time land rent payment for the entire land lease term or lease land with annual land rent payment, but do not have the right to transfer or mortgage land use rights.
Provincial People's Committees decide on cases of land allocation and lease without auction
Also according to the draft Law on Amendment, the Provincial People's Committee decides on cases of land allocation and lease without auctioning land use rights, without bidding to select investors to implement projects using land when meeting one of the following conditions:
Belonging to a project using land for public purposes specified in Point e, Clause 3, Article 9 of the Land Law for business purposes that are not subject to the provisions of Clauses 1, 2 and 5, Article 124 of the Land Law;
Belonging to a project approved by the National Assembly and the Prime Minister, deciding on investment policy according to the provisions of law in the case of land recovery prescribed in Clause 31 and Clause 33, Article 79 of the Land Law that is not subject to investor selection according to the provisions of the law on investment, the law on bidding and does not depend on investment capital;
Investment projects using land leased by the State to collect annual land rent for land funds assigned to the State's agencies and organizations;
In other cases not specified in Articles 125 and 126 of the Land Law.
