In response to the business community's opinions regarding the 2024 Land Law, Deputy Minister of Natural Resources and Environment Le Minh Ngan had a discussion on this issue.
Could you tell us about the land access methods of investors in the fields of health and education?
- The 2024 Land Law stipulates that land access methods for projects, including health and education projects, are diverse and flexible, depending on the actual implementation situation, and there are also methods to support and promote investment (land allocation and land lease without auction or bidding).
At the same time, there are also methods that follow market principles, based on competition among enterprises, ensuring fairness and transparency (auction of land use rights, bidding to select investors to implement projects using land), and there are also methods that create initiative for enterprises (agreement to receive transfer of land use rights or having land use rights).
Thus, according to the provisions of the Land Law, investors' access to land use rights in various fields, including healthcare and education, is more open, creating a public, transparent, fair and favorable environment for investors to access land and have land to implement projects for local socio-economic development, in accordance with the State's policies, guidelines and laws.
The 2024 Land Law stipulates that enterprises leasing land from the State have the right to mortgage, but there are no implementation instructions, leading to difficulties in identifying the mortgagee when mobilizing bonds with real estate as collateral. What is your opinion on this issue?
- The 2024 Land Law stipulates in great detail the mortgage rights of economic organizations for each form of land use.
The mortgage must fully satisfy the conditions in the Land Law (Article 45) such as having one of the types of Land Use Right Certificates as prescribed, the land is not in dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect; the land use right is not subject to seizure or other measures to ensure enforcement of judgments as prescribed by the law on civil judgment enforcement; within the land use term; the land use right is not subject to temporary emergency measures as prescribed by law...
Thus, the Land Law has a relatively complete legal system for enterprises to exercise mortgage rights related to land use rights.
As for the mortgage when mobilizing bonds with real estate as collateral, which is not within the scope of the Land Law but within the scope of the Law on Credit Institutions, the specialized management agency will have its own arguments for this content.
What is your opinion on some opinions that the 2024 Land Law and the documents guiding the implementation of regulations on commercial and service land prices to calculate tax are using residential land prices in the same area and location multiplied by 70-80%, leading to high commercial and service land prices, causing difficulties and affecting the production and business of enterprises?
- The 2024 Land Law stipulates that the land price for calculating land use tax is the land price in the Land Price List. Clause 1, Article 12 of Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government regulating land prices has determined that commercial and service land prices are mandatory contents that must be specifically specified in the Land Price List decided by the Provincial People's Council.
Previously, implementing the 2013 Land Law, according to the provisions of Clause 1, Article 11 of Decree No. 44/2014/ND-CP of the Government regulating land prices, the Price List of Commercial and Service Land in Urban Areas and the Price List of Commercial and Service Land in Rural Areas were two mandatory contents in the Land Price List issued by the Provincial People's Committee. At the same time, only land used for public purposes with business purposes, land for building agency headquarters, land for building public works, the Provincial People's Committee was allowed to base on the price of residential land compared to the price of office headquarters land, land for building public works in the neighboring area as prescribed in the land price list to determine the land price.
Thus, both the 2013 Land Law and the 2024 Land Law do not have regulations on determining commercial service land prices based on residential land prices, but must specify the prices of this type of land in the Land Price List...
The above situation may be due to the implementation process. The Ministry of Natural Resources and Environment will continue to record, absorb and pay attention to this content to review, inspect and promptly handle any problems so that it can continue to adjust related policies to best implement the 2024 Land Law in the coming time.
Thank you very much Deputy Minister!
