The draft revised Land Law has just been announced by the Ministry of Agriculture and Environment for comments until the end of August 10. In the submission, the Ministry said that after nearly two years of implementation, the 2024 Land Law still has some limitations, and it is necessary to continue to study and improve policies to unlock land resources to serve socio-economic development.
According to the Ministry of Agriculture and Environment, currently, compulsory land registration has not been effectively implemented by all levels of government. The storage of cadastral records through periods in some localities is not good, leading to many difficulties and obstacles in verifying the origin of land to issue Certificates of land use rights and ownership of assets attached to land.
Regulations on issuing Certificates of land use rights and ownership of assets attached to land for cases where households and individuals are using land due to historical legacy have not been satisfactorily resolved, such as: land originating from agricultural and forestry farms; land allocated not under authority; land use due to land encroachment and occupation, arbitrary change of land use purpose, re-determination of residential land area... are still not ensuring fairness among land users, and some regulations on registration and issuance of Certificates still have obstacles in the process of organization and implementation in localities.
Accordingly, the Draft Land Law (amended) has supplemented new policies on issuing certificates and handling historical issues that need to have a practical, humane but strict approach in the direction of non-retroactivity for cases where long-term land use right certificates have been issued.
For previous procedural violations that land users have used stably, without disputes, in accordance with planning, without affecting national defense, security, environment, and project safety; land users have fulfilled or committed to fully fulfilling financial obligations to the State, consider recognizing and issuing certificates to land users according to regulations. Clearly define the time, conditions, scope, responsibilities and sanctions to prevent new violations.
Supplement new policies on the land use rights market in a transparent, healthy, stable, and sustainable direction. Publicize planning information, project legal documents, land prices, transactions, financial obligations, mortgage status, disputes, land use status; gradually require registration of land use rights transactions, data connection with notary public, tax, banking, land registration and real estate business; real estate transactions through exchanges, payments through banks, non-cash.
Amending and supplementing regulations on the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjust land use term, extension of land use, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval and approval of land use plans, issuance of new Certificates of Land Use Rights, confirmation of changes, correction, recovery, and cancellation of issued certificates.
In addition, regulating the order and administrative procedures for land to be consistent with the organization of local government at 2 levels; unifying management in the direction of enhancing local responsibility and strict inspection, supervision, and control of the Central Government; reducing focal points, reducing intermediaries, associated with administrative reform.
According to the Ministry of Agriculture and Environment, this amendment aims to ensure that the majority of land areas are identified as management and use entities, clear and certified, contributing to ensuring that the land database is always "correct, sufficient, clean, and viable", strictly managing land, preventing land encroachment, and limiting land disputes.
Strengthen decentralization so that localities can proactively solve practical problems; meet the requirements of streamlining and unifying the local government model; in accordance with the Party's policy on promoting decentralization and delegation of power associated with improving the responsibility of local governments; and at the same time in accordance with the two-level local government model being implemented; contributing to improving the efficiency of state management of land, shortening the time to solve work, increasing local proactiveness and creating conditions to promptly handle issues arising from practice.
