Reviewing the synchronism of the Land Law, safeguarding citizens’ rights during land acquisition

ĐBP - On October 22, the 2nd Session of the 16th National Assembly continued group discussions on the draft Land Law (amended), Housing Law (amended), and Law on Real Estate Business (amended). Participating in the group discussion was Nguyễn Văn Thắng, Member of the Party Central Committee, Deputy Prime Minister of the Government, and National Assembly Deputy of Điện Biên province.

During the discussion session, provincial National Assembly deputies recommended reviewing consistency between the Land Law and relevant laws; clarifying mechanisms for land acquisition, compensation, support, and resettlement; and perfecting land policies for ethnic minorities.

Avoiding overlaps between the Land Law and related laws

Addressing the discussion session, Trần Tiến Dũng, Member of the Party Central Committee, Secretary of the Điện Biên provincial Party Committee, Head of the provincial National Assembly Deputy Delegation, suggested reviewing the synchronism between the Land Law and other statutes to avoid emerging hurdles during implementation.

Trần Tiến Dũng, Member of the Party Central Committee, Secretary of the provincial Party Committee, Head of the provincial National Assembly Deputy Delegation, presides over the discussion session.

Regarding Build-Transfer (BT) projects, the deputy proposed explicitly specifying the parity principle between construction work value and reciprocal land funds right from the time of contract execution, contributing to unlocking investment resources for infrastructure development.

The Head of the provincial National Assembly Deputy Delegation also recommended supplementing and clarifying the scope of land acquisition for innovative industrial parks; while exploring appropriate land acquisition mechanisms for large-scale tourism projects, film studios, and golf courses, ensuring the institutionalization of resolutions on cultural and tourism development.

Concerning land price tables, the deputy agreed with conducting reviews periodically every three years, while suggesting specific regulations for ad-hoc adjustments. Regarding compensation, support, and resettlement, it is necessary to clarify offsetting mechanisms when new residential areas have high values, ensuring that citizens secure new accommodations that are equal to or better than their former residences and favorable for livelihoods.

Clarifying tax exemption policies, compensation, and commune-level land-use plans

Participating in the discussion, Deputy Lò Thị Luyến, Deputy Head of the provincial National Assembly Deputy Delegation, suggested reviewing regulations on personal income tax exemptions for transfers of remaining land parcels after acquisition under Clause 6, Article 41, ensuring consistency with the Law on Personal Income Tax; while capping the eligible area under this policy and providing specific guidelines for applied cases to prevent tax avoidance.

Deputy Lò Thị Luyến, Deputy Head of the provincial National Assembly Deputy Delegation, addresses the discussion session.

Regarding BT projects, the deputy recommended determining the value of works and reciprocal land funds at the identical time of contract execution, while clearly regulating final accounting mechanisms and the handling of value discrepancies, ensuring a balance of interests and preventing losses of public assets.

Regarding commune-level land-use plans, Deputy Lò Thị Luyến proposed unifying approval authority toward having commune-level People’s Committees grant approval following passage by the People’s Councils of the same level. For land acquisition, compensation, support, and resettlement, it is necessary to clarify the sequence, approval timelines, compensation disbursement schedules, and identification of compensation recipients when land rights have been legally transferred but registration is not yet completed, preventing the emergence of disputes.

Perfecting land policies for ethnic minorities

Contributing feedback on Article 15 of the draft Law, National Assembly Deputy Vừ A Bằng proposed reviewing provisions on the rights to transfer and mortgage land-use rights, ensuring consistency between Clause 2 and Clause 3, and avoiding contradictions during the implementation of land support policies for ethnic minorities.

National Assembly Deputy Vừ A Bằng addresses the discussion session.

In cases where a land user passes away without legal heirs, the deputy suggested clarifying solutions for handling assets attached to the land. Simultaneously, it is essential to harmonize policy beneficiary categories between the draft Law and relevant resolutions and guiding documents, facilitating grassroots administration and enforcement.

Regarding the codification of National Assembly Resolution No.171 on piloting commercial housing projects via agreements to acquire land-use rights or currently held land-use rights, Deputy Vừ A Bằng proposed conducting preliminary and comprehensive reviews of implementation prior to formal enactment, ensuring solid empirical grounds. Furthermore, reviews must guarantee synchronism between the Land Law and related legislation, especially the Civil Code regarding the exercise of land-use rights.

Mai Hồng
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