Changes coming to land-use laws

November 06, 2012 | 10:48
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Amid rising land-use controversies and a depressed real estate market, a new, 14-chapter draft amended land law proposal was submitted last week to the National Assembly by the Ministry of Natural Resources and Environment.

Nguyen Minh Quang, Minister of Natural Resources and Environment, used the occasion to say that, after nearly 10 years of implementation, the 2003 Land Law contributed positively to economic development, helping to maintain political stability, ensuring national defence and security, keeping national food security and environmental protection.

“Policies and laws on land have been improved, awareness on land legislation of the people has improved, the effectiveness and efficiency of state land management has gradually been strengthened,” Quang said.

But due to the changes of the social and economic situation of the country, Quang said, the revised land law was needed.
“Land resources have not been exploited sufficiently to become internal forces to serve important social and economic development,” Quang said. Real estate development and market are unstable, unfair transactions are quite common. Land complaints and denunciations, land disputes are still rampant.”

Comprehensive changes to the laws are intended, he said, “to overcome the existing shortcomings mentioned above and institutionalise the views, guidelines and policies of the Party.” Main purposes of the new amended land law relates the return of land management to the State, especially in land-use planning and administrative procedures, land acquisition, compensation and resettlement. New regulations on land price evaluation and limitation of leasing duration of agricultural land from household and individuals are more clearly defined.

According to the government proposal of draft amended Land Law, the subsidiary in land using should be wiped out.  Accordingly, administrative organisations which are being taxation exemption should be limited while the type to be leased would be expanded.

Taxation exemption should continue to typical sectors in socialised practices of healthcare, education and sports  To change to the land lease type, those organisations will have to use their land more efficiently and saved.

Also according to the proposal, the type of leasing land to households, individuals and organisations to develop houses for lease and sale, should be opened for foreigners also.
To do this opening, the amended land law would create fairer status between domestic and foreign investors, the proposal claimed.

The draft amended Land Law consists of 14 chapters and 192 articles. An increase by 07 chapters and 46 articles compared with the 2003 Land Law.

The draft amended Land Law will be contributed by the National Assembly at the main session on November 11, 2012 and planned to be ratified in the fifth plenary meeting in May, 2013.

By Bich Ngoc

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