Amending the Land Law in accordance with the 2-level local government model

(Baothanhhoa.vn) - On the morning of August 13, the Government held an online conference to provide comments on the draft Law amending and supplementing a number of articles of the Land Law. Deputy Prime Minister Tran Hong Ha chaired the conference.

Comrade Mai Xuan Liem, Member of the Provincial Party Standing Committee, Vice Chairman of the Provincial People's Committee and departments and branches attended the conference at Thanh Hoa bridge.

At Thanh Hoa bridge, comrade Mai Xuan Liem, member of the Provincial Party Standing Committee, Vice Chairman of the Provincial People's Committee and departments and branches attended the conference.

After 1 year of implementing the Land Law, the new provisions of the law and the documents guiding its implementation have initially shown that the policies have brought about effectiveness. The implementation of land users' rights, land recovery, compensation, support, resettlement, land valuation, issuance of land use right certificates, etc. have created consensus among the majority of people, the business community and unity among agencies from the central to local levels, contributing to the liberation of land resources for the country's socio -economic development.

Online conference image (Screenshot).

However, in the context of the country entering a new stage of development with increasingly high requirements, many Resolutions of the Politburo and the Party Central Committee have set out major orientations on socio-economics, national defense, security, international integration, and institutional development related to land management. Therefore, some provisions in the 2024 Land Law have revealed limitations and have not met practical requirements.

In particular, the requirement to strengthen decentralization, delegation of power and administrative reform in the land sector continues to pose the task of amending and supplementing the current Land Law, especially in the process of organizing the implementation of 2-level local government, some authority of the district level has been transferred to the commune and provincial levels.

Delegates attending the conference at Thanh Hoa province bridge.

The Draft Law consists of 3 articles:

Article 1 - Amending and supplementing a number of articles of the Land Law, including 29 clauses.

Article 2 - Transitional regulations, including 11 clauses regulating the transition of contents on planning, land use plans, land recovery, compensation, support, resettlement, receiving transfer of land use rights to implement projects, choosing land lease forms; on land prices; on re-determination of area, land type, land use term for some cases, receiving transfer of real estate projects.

Article 3 - Effective date, provisions on the effective date of the Law from January 1, 2026.

Specifically, the draft Law amends and supplements Point c, Clause 1, Article 61 : Amends regulations on the system of land use planning and plans in the direction of eliminating annual district-level land use planning and plans; supplements commune-level land use planning and plans according to 2 options:

Option 1 is to replace district-level land use planning and annual district-level land use plans with commune-level land use planning and five-year commune-level land use plans;

Option 2 does not regulate commune-level land use planning but only regulates the establishment of commune-level land use planning based on provincial-level land use planning targets allocated to commune-level administrative units or planning established according to the provisions of law on urban and rural planning.

Amend and supplement Clause 3, Article 72 in the direction of assigning the Government to provide detailed regulations on adjusting land use planning and plans. Add 3 cases where the State reclaims land for socio-economic development for national and public interests in Article 79.

Amend and supplement Point a, Clause 1, Article 80 in the direction of basing land recovery for national defense and security purposes; socio-economic development for national and public interests according to 2 options: Projects consistent with commune-level land use planning and plans and Projects consistent with commune-level land use plans to be consistent with the amended contents in Articles 61 and 67.

Amend and supplement Clause 1 and Clause 2, Article 83 in the direction of clearly decentralizing the land recovery of the Chairman of the People's Committee at the commune level and the Chairman of the People's Committee at the provincial level as prescribed in Articles 81 and 82 of the Land Law.

The Draft Law also amends and supplements Clause 3, Article 116 in the direction that the basis for land allocation and land lease without auction of land use rights, without bidding to select investors to implement projects using land; permission to change land use purposes is the commune-level land use plan or decision approving investment policy, decision approving investment policy, approving investors, selecting investors according to the provisions of law, except for cases of changing land use purposes of households and individuals.

At the conference, leaders of ministries, branches and localities basically agreed with the contents of the draft Law; at the same time discussed and gave comments on supplementing and editing a number of specific articles in the Land Law (amended); proposed to amend and supplement a number of contents that are stuck in implementation related to planning, land use plans; land allocation, land lease; land finance and land prices...

Concluding the conference, Deputy Prime Minister Tran Hong Ha acknowledged and highly appreciated the comments of ministries, branches and localities and requested the Ministry of Agriculture and Environment to review, study and absorb to complete and improve the quality of the draft Law amending and supplementing a number of articles of the Land Law.

The Deputy Prime Minister noted that in the process of drafting the Law amending and supplementing a number of articles of the Land Law, ministries, branches, localities, especially the drafting agency, need to continue to carefully study and closely follow the Central Government's guiding viewpoints and institutions related to land management, thereby building practical contents.

The Deputy Prime Minister analyzed the content of problems related to planning, auction, bidding, and land finance; on that basis, he noted that the drafting agency needs to study and clarify the land use relationship between the three levels of government (commune, provincial and national levels) to limit problems in the implementation process. In the development of land use planning and plans, it is necessary to consider and integrate conservation factors; land use planning and plans must ensure harmony between socio-economic development and environmental protection and natural resources; ensure the relationship between planning spaces; do not impose double taxes on land; determine the goals and directions of land use for each stage, as a basis for development planning.

Minh Hang

Source: https://baothanhhoa.vn/sua-doi-luat-dat-dai-phu-hop-voi-mo-hinh-chinh-quyen-dia-phuong-2-cap-257927.htm