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.
Accordingly, the draft revised Land Law proposes many new points on the issuance of Land Use Right Certificates (red books), including the proposal to issue Land Use Right Certificates in electronic form, with legal value equivalent to the paper version.
Specifically, Clause 1, Article 63 of the draft proposes that Certificates of land use rights and ownership of assets attached to land be issued to people with land use rights, house ownership rights, and ownership of construction works attached to land according to a uniform model nationwide. Certificates of land use rights and ownership of assets attached to land include Paper Certificates and Electronic Certificates. Electronic certificates have the same legal value as Paper Certificates.
Along with that, 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.
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.
