The revised Land Law will come into force on July 1. Nguyen Thi KimNgan, Vice Chairwoman of the National Assembly, has talked the changesmade to the existing law on Vietnam News Agency's English-languagenewspaper Vietnam News.
Q: What are the changes in theState's rights and obligations under the new Land Law? How do theyuphold the provision that "the State administers the land on behalf ofthe people as a whole?"
A: The 2013 Land Law has sevenmore chapters and 66 more articles than in the 2003 Land Law. The newlaw institutionalises the points of view and orientations contained inResolution 11-NQ/TW of the sixth Plenum of the Party Central Committee.
The law also institutionalises most existing policies andregulations to make them workable, while limiting their limitationsduring the implementation of the 2003 Land Law.
The newLand Law clearly regulates the State's rights, obligations and its rolein land management. It says, "The State has the right to decide on landplanning; land use planning schemes; the amount of land allocated to ahousehold; land tenure; land allocation decisions; land lease andcertificates on land use rights; decisions to acquire land for thepurposes of national defence, national security and socio-economicdevelopment for the national interest and for the public and others."
The new law also states the rights and obligations of governmentagencies that act as land owner-ship representatives, such as theNational Assembly, the Government, the People's Councils and People'sCommittees at different levels.
In addition to the rightsof the State, the 2013 Land Law also regulates the State's obligationstowards the protection of land users' rights, including the protectionof land use rights and assets associated to a piece of land,compensation, support and resettlement policies to households when theirland is acquired by the State.
The new law also covers thesupport and occupational training, as well as seeking employment forworking people who lost their land during the process of transferringthe land use structure or economic restructuring.
The lawalso covers land policies for ethnic minorities. These policies mustreflect their customs, habits and honour their cultural identities andthe real conditions found in each region.
In addition, theState has the responsibility to provide land information or make landinformation disclosures to all organisations and individuals.
The 2013 Land Law devotes the entire Chapter XI on the rights andobligations of land users. Under the law, land users have their right totransfer their land use rights and the duty to implement all rights andobligations written in the law. Their land use rights are protected bythe law.
Under the 2013 Land Law, land use rights also included the rights to transfer, exchange, lease, inherit and mortgage.
Regarding land users' obligations, the law states that the landmust be used in accordance with what is specified in the certificate ofland use rights; and the users have to register their land with theauthorities.
In case they want to transfer their land userights to others, they have to complete all required procedures andfinancial responsibilities.
Q: What's about the case when the State decides to acquire land?
A: Article 54 of the 2013 Land Law says the State will onlyacquire land from individuals or organisations for national defence orsecurity objectives and for the socio-economic development interests ofthe nation or public.
Land acquisitions must be done in amanner of transparency and accountability and pay compensation inaccordance with the laws.
Article 61 details cases in whichland is acquired for national defence and security. Article 62 detailscases of land being acquired for socio-economic development in theinterest of the nation and the public. In these cases, they must havethe approval from the correct level of authorities.
For example:(i) i mportant national projects must be approved by the NationalAssembly; (ii) Projects requiring the approval of the PrimeMinister; and (iii) Projects requiring the approval of theProvincial People's Councils and the Provincial People's Committee.
A key purpose of having such tight regulations on land acquisitionfor socio-economic projects (in the interest of the nation and thepublic) is to restrain abuses of power and corruption.
Q: What are the new points in the law regarding the idea of promoting transparency in land management and land use?
A: For land planning and land use planning schemes, the lawregulates that project owners have to organise people's consultationsbefore making final decisions on land acquisitions. This is one way topromote the practice of transparency and democracy.
Oncethe land planning and land use planning schemes are approved, they mustbe made available throughout the land planning and land use process forall interested organisations and individuals to know and supervise theirimplementation.
Regarding land acquisitions, for projectsthat don't fall within the categories requiring approvals from theNational Assembly, the Prime Minister or the Provincial People'sCouncils, the project owners are allowed to receive land throughtransfers, land as capital contributions or leasing of land.
Regarding compensation, support and resettlement, the law clearlyspecifies that compensation must be decided by the Provincial People'sCommittee at the time that land is revoked; the support is aimed tostabilise the lives of affected people, including production,occupational training and employment, as well as others.
Onland prices, an important principle says in the law that the land priceis based on the land use specified on the land use certificate, landtenure and to remain close to the market price or the income generatedfrom the land.
The land price table is changed every five years and is adjusted when there is a large change in the market.
The law also contains new regulations on the roles of constructionoffices, land appraisal agencies and land pricing consultants in landevaluation and hiring the service of land evaluation agents in settingland price in some specific cases.
The law also covers the imperative of giving fair treatment to domestic and foreign investors seeking access to land.
All in all, a very important objective of 2013 is to strengthenthe oversight role of the National Assembly, the People's Councils atdifferent levels, the Viet Nam Fatherland Front, social organisationsand people on the land management and land use schemes.
Q: To bring the new Land Law to life, what are the most important activities to be done right now?
A: Government agencies and localities nation-wide have launchedthe campaign to promote the people's awareness of the law.
The government will quickly issue guiding documents enabling the soundimplementation of the law. The Prime Minister will instructministries, sectors and localities to review existing legal documentsand make necessary amendments to ensure they are in harmony with thelaw.-VNA
Q: What are the changes in theState's rights and obligations under the new Land Law? How do theyuphold the provision that "the State administers the land on behalf ofthe people as a whole?"
A: The 2013 Land Law has sevenmore chapters and 66 more articles than in the 2003 Land Law. The newlaw institutionalises the points of view and orientations contained inResolution 11-NQ/TW of the sixth Plenum of the Party Central Committee.
The law also institutionalises most existing policies andregulations to make them workable, while limiting their limitationsduring the implementation of the 2003 Land Law.
The newLand Law clearly regulates the State's rights, obligations and its rolein land management. It says, "The State has the right to decide on landplanning; land use planning schemes; the amount of land allocated to ahousehold; land tenure; land allocation decisions; land lease andcertificates on land use rights; decisions to acquire land for thepurposes of national defence, national security and socio-economicdevelopment for the national interest and for the public and others."
The new law also states the rights and obligations of governmentagencies that act as land owner-ship representatives, such as theNational Assembly, the Government, the People's Councils and People'sCommittees at different levels.
In addition to the rightsof the State, the 2013 Land Law also regulates the State's obligationstowards the protection of land users' rights, including the protectionof land use rights and assets associated to a piece of land,compensation, support and resettlement policies to households when theirland is acquired by the State.
The new law also covers thesupport and occupational training, as well as seeking employment forworking people who lost their land during the process of transferringthe land use structure or economic restructuring.
The lawalso covers land policies for ethnic minorities. These policies mustreflect their customs, habits and honour their cultural identities andthe real conditions found in each region.
In addition, theState has the responsibility to provide land information or make landinformation disclosures to all organisations and individuals.
The 2013 Land Law devotes the entire Chapter XI on the rights andobligations of land users. Under the law, land users have their right totransfer their land use rights and the duty to implement all rights andobligations written in the law. Their land use rights are protected bythe law.
Under the 2013 Land Law, land use rights also included the rights to transfer, exchange, lease, inherit and mortgage.
Regarding land users' obligations, the law states that the landmust be used in accordance with what is specified in the certificate ofland use rights; and the users have to register their land with theauthorities.
In case they want to transfer their land userights to others, they have to complete all required procedures andfinancial responsibilities.
Q: What's about the case when the State decides to acquire land?
A: Article 54 of the 2013 Land Law says the State will onlyacquire land from individuals or organisations for national defence orsecurity objectives and for the socio-economic development interests ofthe nation or public.
Land acquisitions must be done in amanner of transparency and accountability and pay compensation inaccordance with the laws.
Article 61 details cases in whichland is acquired for national defence and security. Article 62 detailscases of land being acquired for socio-economic development in theinterest of the nation and the public. In these cases, they must havethe approval from the correct level of authorities.
For example:(i) i mportant national projects must be approved by the NationalAssembly; (ii) Projects requiring the approval of the PrimeMinister; and (iii) Projects requiring the approval of theProvincial People's Councils and the Provincial People's Committee.
A key purpose of having such tight regulations on land acquisitionfor socio-economic projects (in the interest of the nation and thepublic) is to restrain abuses of power and corruption.
Q: What are the new points in the law regarding the idea of promoting transparency in land management and land use?
A: For land planning and land use planning schemes, the lawregulates that project owners have to organise people's consultationsbefore making final decisions on land acquisitions. This is one way topromote the practice of transparency and democracy.
Oncethe land planning and land use planning schemes are approved, they mustbe made available throughout the land planning and land use process forall interested organisations and individuals to know and supervise theirimplementation.
Regarding land acquisitions, for projectsthat don't fall within the categories requiring approvals from theNational Assembly, the Prime Minister or the Provincial People'sCouncils, the project owners are allowed to receive land throughtransfers, land as capital contributions or leasing of land.
Regarding compensation, support and resettlement, the law clearlyspecifies that compensation must be decided by the Provincial People'sCommittee at the time that land is revoked; the support is aimed tostabilise the lives of affected people, including production,occupational training and employment, as well as others.
Onland prices, an important principle says in the law that the land priceis based on the land use specified on the land use certificate, landtenure and to remain close to the market price or the income generatedfrom the land.
The land price table is changed every five years and is adjusted when there is a large change in the market.
The law also contains new regulations on the roles of constructionoffices, land appraisal agencies and land pricing consultants in landevaluation and hiring the service of land evaluation agents in settingland price in some specific cases.
The law also covers the imperative of giving fair treatment to domestic and foreign investors seeking access to land.
All in all, a very important objective of 2013 is to strengthenthe oversight role of the National Assembly, the People's Councils atdifferent levels, the Viet Nam Fatherland Front, social organisationsand people on the land management and land use schemes.
Q: To bring the new Land Law to life, what are the most important activities to be done right now?
A: Government agencies and localities nation-wide have launchedthe campaign to promote the people's awareness of the law.
The government will quickly issue guiding documents enabling the soundimplementation of the law. The Prime Minister will instructministries, sectors and localities to review existing legal documentsand make necessary amendments to ensure they are in harmony with thelaw.-VNA
