Draft amended Land Law to be submitted at NA’s next session, pending further revisions

November 17, 2023 - 09:15
National Assembly (NA) Chairman Vương Đình Huệ said on Thursday morning that the Government and relevant agencies agreed to submit the draft amended Land Law for consideration and approval in the NA’s next session.
National Assembly Chairman Vương Đình Huệ chairs the meeting of the NA's sixth plenary session on Thursday morning in Hà Nội. — VNA/VNS Photo Doãn Tấn

HÀ NỘI — National Assembly (NA) Chairman Vương Đình Huệ said on Thursday during the NA Standing Committee's meeting that the Government and relevant agencies agreed to submit the draft amended Land Law for consideration and approval in the NA’s seventh session instead.

Huệ said the draft amended land law, which was submitted to the NA's current sixth session, had already regulated many specific issues in detail and basically reached a consensus between the drafting agency and the verifying agency.

The quality of the draft amended law had improved significantly, however, there were still many contents under the draft law that have different solutions, he said.

Therefore, he told the drafting agency and verifying agency to discuss and agree on one ultimate solution for the contents, he said.

Speaking at the session, Vũ Hồng Thanh, Chairman of NA's Economic Committee – the verifying agency, said the draft amended land law was discussed by National Assembly deputies on November 3, with 49 NA deputies making comments, 16 NA deputies debating and 17 NA deputies submitting written comments.

He said after receiving the NA deputies’ comments and questions, the NA's Economic Committee coordinated with the drafting agency (the Ministry of Natural Resources and Environment) and relevant agencies to explain the questions of the NA deputies.

As of Tuesday, some NA deputies’ questions had been basically explained, he added.

He also said many major policy contents under the draft amended land law, which received many comments, were not unified and not been designed with optimal solutions.

The NA Standing Committee discussed a number of major contents of the draft amended land law that received many comments from NA deputies.

He said after the discussion, 11 of a total of 22 opinions required a thorough review to absorb and revise the draft amended land law. There were too many different opinions on the draft law, therefore, it was recommended not to pass the draft law at this session.

He said the adoption of the draft law was expected to create a legal basis to promote land resources more effectively, better meeting practical requirements.

However, the process of reviewing and finalising important policy options, receiving and fully explaining comments still needed more time to ensure the best quality, he said.

“With the extremely important role of the Land Law, the quality of the draft law is an issue that must be given top priority to avoid the situation that the law, after promulgation, will cause many impacts and consequences for socio-economic activities and people's lives,” he said.

Besides, draft decrees and guiding documents also needed more time to complete synchronously, ensuring they take effect at the same time as the law, he said.

Especially, some new contents on land prices and issuance of land use rights certificates, land allocation and land lease needed more detailed regulations so that the law would come to life, he said.

Therefore, the NA's Economic Committee requested the National Assembly to not approve the draft law in the sixth session, he said.

Comments

Speaking at the meeting, Chairman of the NA's Legal Committee Hoàng Thanh Tùng said that there was a strong agreement with the first option that Vietnamese people residing abroad but still being Vietnamese citizens had full land rights and obligations like Vietnamese citizens in the country.

He said it was a strong, innovative step, implementing the policy of Resolution 36 to attract participation from Vietnamese people residing abroad to contribute to the development of the country.

Regarding the type of land for commercial housing, he strongly applauded the current legal plan that includes residential land, agricultural and non-agricultural land. He also agreed with the option of receiving money transfer for residential land use through agreements to implement commercial housing projects.

In other cases, land would be revoked to auction land use rights or select investors for land use projects, he said.

Regarding the issue of land recovery, he said that in Clause 32, Article 19, it should not be stipulated that the implementation would be carried out according to shortened procedures, because the National Assembly would decide for each specific case, he said.

Speaking at the meeting, Vice NA Chair Trần Quang Phương said regarding regulations on resettlement support, it was necessary to study strict regulations to avoid widespread temporary residence.

Vice NA Chair Nguyễn Đức Hải said it should not include regulations on the land development fund in the draft amended land law, because it would be related to the Law on Public Investment.

The Government was submitting that the local land development fund was an off-budget State financial fund, established by the Provincial People's Committee, to receive and pay in advance capital for compensation, support and resettlement when the State recovered land to implement investment projects.

The regulation needs to be considered more carefully to avoid contradicting provisions of the Law on Public Investment, he said. — VNS

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