The Ministry of Agriculture and Environment received a petition from voters in Dong Nai province with the content: Voters reflect that the current land management and use is still inadequate, overlapping, lacking transparency, differences in land prices and compensation policies compared to the market, in addition, speculation in land accumulation still occurs, leading to land prices being pushed up compared to the average income of workers, so people have difficulty having the opportunity to own houses. Proposing competent authorities to study and have solutions to amend some provisions of the Land Law to ensure feasibility, transparency and efficiency in land management and use.
Regarding this proposal, the Ministry of Agriculture and Environment has the following opinions: The 2024 Land Law stipulates that land valuation must ensure the following principles: land valuation method according to market principles, compliance with the method, order, and procedures for land valuation, ensuring honesty, objectivity, publicity, transparency, ensuring harmony of interests between the State, land users and investors (Article 158), land price calculated for compensation when the State recovers land is the specific land price (Article 160).
Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government regulating land prices has specifically stipulated the method of land valuation. In case specific land prices are determined to calculate compensation money when the State recovers land, commune-level land management agencies provide land price plans for units and organizations performing compensation, support, and resettlement tasks to prepare compensation, support, and resettlement plans; commune-level land management agencies organize the receipt and completion of dossiers according to the provisions of Clause 1, Article 34 of Decree No. 71/2024/ND-CP; commune-level land management agencies shall preside over and coordinate with the specific land valuation council, relevant agencies to organize the appraisal of compensation, support, and resettlement plans in parallel with the appraisal of land price plans according to the provisions of Clause 3, Article 34 of Decree No. 71/2024/ND-CP (supplemented according to the provisions of Point b, Clause 14, Article 1 of Decree No. 226/2025/ND-CP).
In addition to the specific regulations on land prices mentioned above, the 2024 Land Law also stipulates that the State is responsible for supporting people with recovered land and property owners to create conditions for people with recovered land and property owners to have jobs, income, and stabilize their lives and production; depending on specific cases, they are also entitled to support such as: life stabilization support; production and business stabilization support; livestock relocation support; training, vocational conversion and job search support; resettlement support... (in Clause 4, Article 91, Article 108).
Thus, the provisions of law on compensation, support, resettlement and determination of land prices to calculate compensation when the State recovers land have ensured the principles of democracy, objectivity, fairness, publicity, transparency, timeliness and compliance with the provisions of law.
To improve the effectiveness and efficiency of land management, sanitize the real estate market, and promote socio-economic development, on August 21, 2024, the Prime Minister issued Official Dispatch No. 82/CD-TTg directing localities to promptly rectify land use right auction work and achieved certain results, gradually bringing land use right auction work into order, contributing to supplementing revenue for the local budget.
On December 14, 2024, the Prime Minister continued to issue Official Dispatch No. 134/CD-TTg on rectifying the auction of land use rights.
Implementing Official Dispatch No. 03/CD-TTg dated January 15, 2025 of the Prime Minister on focusing on rectifying and handling price manipulation, real estate speculation and inspection of real estate construction investment projects, the Ministry of Agriculture and Environment has been and is continuing to actively coordinate with ministries, branches and localities to focus on implementing related tasks: specifically such as:
(1) Direct and coordinate with the People's Committees of provinces and centrally-run cities to strengthen inspection, examination, and review of land price determination activities, issuance of land price lists, compensation, site clearance, and auction of land use rights... promptly rectify, prevent and strictly handle violations under their authority, especially acts of taking advantage of land use right auctions for personal gain, causing market disruption.
(2) Coordinate with the Ministry of Construction and relevant ministries to study and implement digital transformation to interconnect procedures from real estate transactions, notarization, taxes and registration of land transactions in the electronic environment.
Currently, the Ministry of Justice is presiding over and coordinating with the Ministry of Agriculture and Environment and relevant ministries and sectors to develop a draft Resolution of the Government to remove obstacles in land use right auctions, including the issue of land auction participants paying unusually high prices showing signs of price manipulation, taking advantage of land auctions for profit and then "abandoning the deposit", affecting the healthy development of the real estate market.
