Legal document newsletter week 31/03/2024

THE NATIONAL ASSEMBLY OFFICIALLY PASSED THE REVISED LAND LAW 

On January 18, 2024, at the 5th Extraordinary Session of the 15th National Assembly, the Land Law (amended) was approved by the majority of National Assembly deputies with many new contents and is considered difficult to regulate in the at draft. 

The revised land law includes 16 chapters, 260 articles and takes effect from January 1, 2025 . Particularly, Article 190 and Article 248 of this Law take effect from April 1, 2024 .  

The Land Law is a major law project, with special meaning and importance in the country’s political, economic and social life, national defense, security and environmental protection; has a profound impact on all walks of life and the business community; At the same time, it is also a very difficult and complicated Law project. 

The Land Law (amended) 2024 has many changes. However, there are some outstanding highlights as follows: 

The Land Law (amended) 2024 has many changes. However , there are some outstanding highlights as follows : 

A. Land finance, land prices:

– The Land Law 2024 has eliminated the “Land Price Framework” according to which the “Land Price List” is built annually. The land price list is first announced and applied from January 1, 2026, and adjusted from January 1 of the following year will help the land price list approach the market . 

This will lead to the elimination of the current two-price mechanism (state price and market price) and move to a one-price mechanism with the actual market price taking center stage.  

  • Regulating 4 land valuation methods including: comparison method, income method, surplus method and land price adjustment coefficient method; At the same time, specific cases for applying each method are specified 
  • Provide conditions for applying appropriate land valuation methods to avoid situations where using each method produces a different result, leading to risks for the price determination agency. 
  • The composition of the Land Price Appraisal Council has been expanded: In addition to specialized agencies under the People’s Committee, there are also representatives of the People’s Council, the Vietnam Fatherland Front Committee, organizations with the function of consulting on land price determination, and experts. on land prices to ensure independence and objectivity in the price determination process .
  • Diverse participants create multi-dimensional criticism, helping to determine land prices objectively and with higher quality. 

B. Land registration:

  • Relaxation of conditions for issuance of Red Books for land without documents: Clause 3, Article 138 of the Land Law 2024 stipulates that households and individuals using land from October 15, 1993 – before July 1, 2014 without documents Land use rights that do not violate the law on land, and are not in cases where land is allocated without proper authority, will be granted a Red Book if it is confirmed by the Commune People’s Committee where the land is located that there is no dispute . 
  • Helps solve practical problems of people using land but not yet being granted a Land Use Rights Certificate. 
  • The amended Land Law stipulates that if a plot of land belongs to the household’s use rights, a Certificate must be issued with the full names of members sharing the household’s land use rights and given to the representative. 

C. Land recovery, compensation, and resettlement support:

  • In case of land recovery for socio-economic development: The State recovers land in cases where it is absolutely necessary to implement a socio-economic development project for national and public benefits to promote resources. land, improve land use efficiency, develop modern socio-economic infrastructure, implement social security policies, protect the environment and preserve cultural heritage. 
  • Specific regulations on compensation, support, and resettlement when the State recovers land, ensuring that after the State recovers land, people have a place to live, a place to produce, and people whose land is recovered are trained. career transition and job search; ensure a stable life, the new place of residence is equal to or better than the old place of residence. 
  • Specify the order and procedures for steps in implementing compensation, support, resettlement, and land recovery to ensure the principle of people’s participation at all stages, ensuring the principle that land owners are recovered are considered for resettlement before land recovery. 

In addition to the above adjustments, the revised Land Law 2024 also mentions, adjusts and supplements groups of very practical issues such as: Land policy for ethnic minorities; Regarding planning and land use plans; Regarding land allocation, land lease, land use conversion; Regarding land use regime, rights and obligations of land users; Decentralize, decentralize, simplify procedures in land management and use.