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At the 5th Extraordinary Session of the 15th National Assembly, Vietnam’s National Assembly demonstrated a strong commitment to legislative reform by discussing and approving the amended Vietnam Land Law. This article explores the main issues addressed in the revised Land Law, highlighting the key changes and their implications.
New Points of the Amended Vietnam Land Law
The amended Vietnamsed Land Law, consisting of 16 chapters and 260 articles, represents a comprehensive legislative effort to align with the 2013 Constitution. Alongside the amended Housing Law and Real Estate Business Law, which will take effect on January 1, 2025, the revised Land Law aims to synchronize policies and laws related to land management and use. The overarching goal is to manage, exploit, and use land resources economically, sustainably, and efficiently, fostering industrialization, modernization, social equity, and stability while ensuring national defense, security, and environmental protection.
Protecting the Rights and Interests of Land Users
One of the primary focuses of the amended Land Law is the better protection of land users’ rights and interests. Key provisions in this group include:
- Expanding Land Use Rights to Vietnamese Citizens: The revised law introduces broader land use rights for Vietnamese citizens, ensuring greater access and control over land.
- Land Policy Towards Ethnic Minorities: Special attention is given to land policies affecting ethnic minorities, aiming to safeguard their rights and promote equitable development.
Land Access Regulations for People and Businesses
The amended Land Law includes significant changes designed to improve land access for individuals and businesses:
- Article 79 (Land Recovery for Socio-Economic Development for National and Public Benefits): This article outlines the conditions under which land can be recovered to serve the construction of socio-economic infrastructure and business activities. It institutionalizes Article 54 of the Constitution, stipulating that land recovery is permissible only in cases of absolute necessity.
Improving Land Use Efficiency
Enhancing the efficiency of land use is another critical objective of the revised Land Law. Key regulations in this area include:
- Multiple-Purpose Land Use: New regulations encourage the use of land for multiple purposes to maximize efficiency.
- Reducing Permission Requirements: The revised law aims to limit and narrow the cases where permission is required for land use, simplifying processes for land users.
- Agricultural Land Conversion: Provisions are included to facilitate the conversion of agricultural land, promoting large-scale production and efficient land use.
- Rice Land Transfer: The law addresses the issue of transferring rice land to individuals not directly engaged in agricultural production, creating opportunities for diversified land use.
Land Finance Regulations
The amended Land Law introduces several changes to land finance regulations, aiming to improve financial management and support for land use:
- Separation of Land Valuation and Land Price List: By separating land valuation from the land price list, the law aims to enhance transparency and accuracy in land pricing.
- Support Policies for Land Exemption and Reduction: The law includes policies to support land rent exemption and reduction, helping to stabilize land rent for businesses.
Enhancing State Management of Land Use
To improve the effectiveness of state management of land use, the amended Land Law introduces several important measures:
- Reducing Administrative Procedures: The law aims to streamline administrative procedures, making it easier for individuals and businesses to navigate land-related processes.
- Improving Land Data Information: The quality and accessibility of land data information are enhanced, allowing all citizens to access comprehensive and accurate land information to support their living, production, and business activities.
The revised Land Law in Vietnam represents a significant legislative achievement, addressing various critical issues related to land management and use. By focusing on protecting land users’ rights, improving land access and use efficiency, refining land finance regulations, and enhancing state management, the law aims to create a more equitable, sustainable, and efficient framework for land use in Vietnam. These changes are expected to drive industrialization, modernization, and social stability, while ensuring environmental protection and national security, ultimately contributing to Vietnam’s goal of becoming a developed, high-income country.
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