In the face of the situation of land policy and law under Resolution No. 19-NQ/TW of the 11th Party Central Committee, which has been no longer suitable with the current situation as well as the need for innovation in the rapid development of the economy, the Party Central Committee issued Resolution No. 18-NQ/TW (the “Resolution”) dated 16 June 2022 on “continuing to renovating the institutions and policies, improving the effectiveness and efficiency of land use and management, thereby creating a driving force to advance Vietnam into a high-income developed country”.
The Resolution has set out specific goals to 2030, in which the Party Central Committee directs ?that by 2023, the amendments to Land Law 2013 and a number of related laws must be completed, meeting the need for innovation, overcoming limitations, inadequacies, overlaps and inconsistencies that deter the management effectiveness in land policies and laws, and at the same time ensuring synchronization and consistency with a number of regulations. The Resolution set out a number of noticeable directions as follows:
?1.??Innovating and improving the quality of land use zoning and land use plans
?Land use zoning and land use plans are made at the national, provincial and district levels, meeting the requirements of implementing the strategy for rapid and sustainable socio-economic development; ensuring national defense and security; environmental protection, adaptation to climate change. The content of land use plans must combine criteria of land types associated with space, land use zoning, and natural ecosystem, showing information to each land plot.
?2.???Accomplishing regulations on land allocation, land lease, and land use purpose change
- The allocation and lease of land shall be made mainly by ways of auction of land use rights, bidding for projects using land. More specific regulations on auction of land use rights, bidding for projects using land shall be issued.
- The cases of land allocation, land lease without auction of land use rights, bidding for projects using land shall be strictly regulated and limited.
- Setting up a synchronous and specific mechanism to resolve violations of regulations on land allocation and land lease, especially related to auction of land use rights and bidding for land-using projects.
- ?The State shall allocate land with a limit without collection of land use levy for land used as worship facilities and offices of religious organizations. Religious organizations that use land for other purposes must pay land rent to the State in accordance with law. This regulation is different from Land Law 2013 with Article 54 stipulating that religious establishments using non-agricultural land allocated by the State shall be not required to pay land use levy.
?3.??Accomplishing regulations on compensation, support, resettlement and land recovery for defense and security purposes; socio-economic development for national and public interests
- The land expropriation will only be done after the compensation, support and resettlement plan is approved.
- In case of land expropriation and resettlement is required, resettlement arrangements must be completed before the land expropriation is conducted. More specific provisions on compensation, support and resettlement shall be provided so that after the land is expropriated by the State, the user of that land must have a place to live, ensuring a life equal to or better than the old one.
- Regulating more specific regulations on the authority, purpose, scope of land expropriation; Setting out specific conditions and criteria for land expropriation by the State for socio-economic development for national and public interests. Continuing to implement the self-agreement mechanism between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects.
- For socio-economic development projects in accordance with land use zoning and land use plan, it is necessary to soon develop and fulfil mechanisms and policies so that organizations, households and individuals having land use rights can join with investors to implement projects in the form of transfer, lease, capital contribution with land use rights.
- Establishing the mechanism for land use right contribution and land adjustment for urban development and embellishment projects and rural residential areas. More specific and synchronous sanctions shall be provided to handle cases in which land has been allocated or leased by the State but has not been used or has been used late. Resolutely recover land from organizations, state agencies, and non-business units that use land for improper purposes, especially at locations with advantages and high profitability, and prevent loss of capital and assets of the State.
?4.??Accomplishing the mechanism for land price determination
- Abolishing the land price bracket, adopting a mechanism and method for determining land prices according to market principles, and prescribing the functions, tasks and responsibilities of the agency in charge of land price determination.
- Having an effective mechanism to improve the quality of land valuation, ensuring the independence of the land price appraisal council, the capacity of the land price determination consultancy organization, the capacity and ethics of the land price appraiser.
- Supplementing and completing regulations to ensure publicity and transparency such as publicizing land prices, compulsorily trading through exchanges, paying via banks, not using cash; strictly handle violations.
?5.??The financial mechanism and land-related policies
- Adopting a reasonable and efficient regulation mechanism for revenue from land use levy and land rent between the central and local government; research and developing policies to control land rent disparities, ensuring public access and transparency.
- Reviewing regulatory policies and legislation on agricultural and non-agricultural land use taxes, developing regulatory policies and legislation on land use taxes according to international practices, keeping up with the level of development and conforming to specific conditions and appropriate roadmap.
- Imposing higher tax rates on subjects who own a large amount of land or great number of houses, or those who speculate in, defer or abandon land.
?6.? Accomplishing regulatory provisions related to real estate market, including land-use right market
- Strengthening commercialization of land use rights. Building a real estate market and land information system.
- Adopting incentive policies for development of the land use right market, especially the agricultural land rental market.
- Completing the regulatory framework and promoting non-cash payments in real estate transactions.
- Adopting a mechanism to ensure the healthy, safe and sustainable development of the real estate market; strictly control and take mitigated actions against acts of land speculation.
7.??Formulating regulatory provisions on management and use of mixed-use land
- ?Supplementing and completing regulations on management and use of defense and security land on the basis of review of summarizing the piloting of a number of policies for the purpose of resolving issues and backlogs arising in the management and use of defense and security land in combination with production and economic development activities.
- Supplementing regulations on land intended for the combined purposes of residence, trading and provision of services; land intended for the combined purposes of agricultural production, trading and provision of services; land used for tourism projects with spiritual elements.
- Regulating land use regimes for construction of aerial, underground facilities and land formed from sea reclamation activities.