The National Assembly discussed the draft Law on amendments and supplements to a number of articles of the Law on Geology and Minerals; the draft Law on Digital Transformation; and the draft resolution on mechanisms and policies aimed at removing obstacles in the implementation of the Land Law on December 1, as part of its ongoing 10th session.

A corner of Van Trung industrial park in Bac Ninh province.

The purpose of the resolution is to fully and promptly institutionalise the Party and State’s viewpoints and orientations on land policy; to address emerging bottlenecks and new issues arising from practice; and to contribute to socio-economic development, improve the effectiveness and efficiency of land management and use, and create momentum for Vietnam to become a developed, high-income country.

The draft resolution proposes adding three new circumstances in which the State may recover land for socio-economic development for national and public interests, and introduces specific conditions for land recovery for defence, security, and socio-economic purposes for national and public interests.

It also stipulates that land price tables will be applied in calculating land use fees and land rental payments when the State allocates or leases land, permits changes of land use purposes, recognises land use rights, or extends land use duration. For projects involving land reclamation from the sea, specific land prices shall be determined in accordance with the Land Law.

The draft clarifies that subdividing land plots will not be mandatory when only part of a plot is converted to a different use. Additionally, adjoining plots will not be required to share the same land use purpose, form of land use or land use term.

To further address challenges arising during the implementation of the Land Law, the draft resolution focuses on resolving issues relating to the deduction of advance payments made by investors for compensation, support and resettlement; the timeframe for issuing land recovery notices; cases in which compensation shall not be granted upon land recovery; compensation for damage to property when land is recovered; and transitional provisions to fill gaps in enforcement.

Regarding land allocation, leasing and conversion of land use purposes, the draft seeks to clarify grounds and conditions for land allocation and leasing and for approving changes in land use purpose.

It adds certain cases where land may be allocated or leased without auctioning land use rights or tendering to select an investor for land-use projects.

It also allows adjustment of land use terms to align with the timeline of investment projects for new investors replacing dissolved or bankrupt predecessors, or investors acquiring existing land-use projects, alongside transitional provisions to ensure continuity of implementation.

In terms of land finance and pricing, the draft focuses on refining the basis for calculating land use fees and rentals, determining the timing for input data selection, and amending rules on land price tables, price adjustment coefficients, land valuation councils, and policies on exemption and reduction of land use fees and rentals.

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