Luật Đất đai (sửa đổi): Lưu ý những điểm mới về đăng ký, bồi thường, giao đất, thu hồi đất | VTC1

Summary

This segment highlights the significant amendments to the Land Law, which has undergone extensive review and consultation, involving multiple sessions by the National Assembly, expert committees, and public opinions to refine its 16 chapters and 260 articles. The revised law emphasizes fair land policies, especially for ethnic minorities, streamlined procedures for land use, compensation, and resettlement, and introduces mechanisms for transparent land pricing aligned with market principles. These changes aim to address longstanding issues in land disputes, enhance economic and social development, and ensure the law aligns with the constitution and legal framework. The discussion includes insights from Deputy Professor Dr. Nguyen Quang Tuyen, a key contributor to the law's drafting, highlighting the law's potential to significantly impact land management and property rights in Vietnam.

Takeaways

• 😀 The amended Land Law has gone through extensive reviews and consultations to incorporate feedback from experts, businesses, and the public
• 🧐 Key changes relate to land prices, land allocation mechanisms, compensation, procedures, and decentralization of authority
• 🏡 Rights of ethnic minority groups with regards to land are better recognized
• 👷‍♂️ Compensation and resettlement must be completed before land recovery decisions are issued
• 💰 Land prices will be determined by market principles rather than state-fixed prices
• 🔨 Land allocation/lease will shift towards auctions rather than administrative decisions
• 📈 Annual land price tables will be issued instead of 5-year fixed prices
• ✅ 32 specific cases where land can be recovered for national/public interest are enumerated
• 📜 Related laws amended to align with the Land Law
• ⚖️ Stricter oversight and transparency provisions to prevent corruption and abuses

Q & A

What are some of the key highlights of the amended Land Law?

Some key highlights include recognizing people's ownership rights over land, provisions to determine land prices based on market principles, requiring public auction/bidding for land leases, and specifying 32 cases where land can be revoked for national defense, security, economic development, or public interest.

How will the new land valuation mechanism ensure fairness?

The new law aims to ensure fairness by basing land prices on market principles and mechanisms, protecting people's interests in compensation and resettlement when their land is revoked, and enhancing transparency in land allocation through public auctions/bidding.

What is the rationale behind allowing commercial housing projects only on residential or mixed-use land?

This aims to curb the conversion of agricultural land, especially rice fields, into commercial projects, address the large price differential and speculation in converting other types of land into commercial use, and channel more benefits to the state budget and people.

How does the amended law tackle corruption and misuse of power?

By clearly defining state agencies' functions/authority, enhancing transparency, oversight and accountability measures, strengthening inspections, strictly handling violations, and institutionalizing the control of state power in representing public ownership of land.

Why does the law need a transition period and unified implementation?

The Land Law involves many complex inter-linked sectors. A transition is needed to comprehensively review and achieve synchronized enforceability across related laws and regulations before the amended law takes effect.

What is the land pricing mechanism under the new law?

It's based on 4 globally applied methods, using declared transfer prices, tax data, official land records, and real estate exchange data. This addresses the limitations of relying purely on state-set prices.

How are residential-commercial projects on non-residential land handled?

Transition provisions allow ongoing projects to proceed under 2013 Land Law rules. New projects must meet strict requirements on land use conversion and procedures.

How were public contributions incorporated into the amended law?

Through collecting recommendations from experts, scientists, businesses, intellectuals, and citizens nationwide in multiple consultation sessions to perfect the draft law across 16 chapters and 260 articles.

What are the next crucial steps for effective enforcement?

The government must prioritize resources and preparations for guidelines, plans and conditions to promptly implement the law's provisions after it takes effect.

How long did the National Assembly deliberate this law?

The extensive deliberation spanned 4 NA sessions - 3 for opinions, 5 NA Standing Committee meetings, 3 NA deputy delegate conferences - culminating in the recent extraordinary session, affirming the law's significance behind only the Constitution.