The Land Law plays a crucial role in the legal system

Tue, 23 Apr 2024 14:01:00  |  Print  |  Email   Share:

This is the sharing of the Chairman of VCCI - Pham Tan Cong at the workshop "Comments on the Draft Decree detailing the implementation of some provisions of the Land Law and the Draft Decree on land price regulations"...

Accordingly, in order to continue to listen to comments to build and improve the Draft Decree detailing the implementation of some provisions of the Land Law and the Draft Decree on land price regulations, on the morning of April 23, the Vietnam Chamber of Commerce and Industry (VCCI) in collaboration with the Ministry of Natural Resources and Environment organized the workshop "Comments on the Draft Decree detailing the implementation of some provisions of the Land Law and the Draft Decree on land price regulations".

On the morning of April 23, VCCI collaborated with the Ministry of Natural Resources and Environment to organize the workshop "Comments on the Draft Decree detailing the implementation of some provisions of the Land Law and the Draft Decree on land price regulations".

In his opening remarks at the workshop, VCCI Chairman - Pham Tan Cong stated that the Land Law is a very important statute in the legal system in general and particularly in business law. This law has a significant impact on socio-economic activities and has drawn attention from the public as well as the business community. The National Assembly dedicated up to 4 sessions (including extraordinary sessions) to discuss and pass this law, demonstrating the careful consideration and deliberation by legislators regarding the provisions of the Land Law.

 

Chairman Pham Tan Cong delivered the opening speech at the workshop.

According to Chairman Pham Tan Cong, compared to the current law, the 2024 Land Law has added 02 chapters, supplemented with 78 new articles, amended 180 articles, and abolished 13 articles. The new points of the 2024 Land Law have basically addressed contradictions and overlaps with other legal documents, supplemented missing legal corridors for some economic activities, and addressed some shortcomings and obstacles in practice.

Immediately after its passage, in March and April of this year, VCCI collaborated with the Ministry of Natural Resources and Environment to organize two workshops to disseminate information about the content of the 2024 Land Law in Hanoi and Ho Chi Minh City with hundreds of delegates in attendance. This demonstrates the significant interest and expectations of the business community towards the 2024 Land Law.

"The time of drafting the Business Land Law saw enthusiastic participation from the business community in the consultation activities. Comparing the draft versions during the consultation process, we can see a strong imprint of the business community. Many opinions from businesses were considered and acknowledged (such as controlling the increase in land prices for annual land rent calculation; adding some cases where the state leases land for a lump sum payment for the entire lease period; regulations on coastal encroachment...). There were many major and complex issues, and even in the final versions, the opinions of businesses were considered as one of the options. Even large opinions that were not accepted (regarding residential land and other types of land), but state agencies also considered pilot options for evaluation," Chairman Pham Tan Cong shared.

He also expressed that the Draft Decree detailing the implementation of some provisions of the Land Law and the Draft Decree on land price regulations are two drafts that have a significant impact on the investment and business activities of enterprises, serving as bridges to transfer the provisions of the 2024 Land Law into economic and social life... VCCI organized the workshop to gather opinions on these two drafts with the aim of creating a forum for enterprises, associations, and experts to exchange opinions with the drafting agencies with the hope that the regulations of the guiding documents of the Land Law will be reasonable, feasible, and facilitate the implementation of investment projects.

At the workshop, representatives of the drafting agencies also presented summaries of the important contents of the two draft decrees for comments from experts, associations, and the business community. At the same time, they hoped to receive valuable contributions from the attending delegates.

 

The representatives of the drafting agencies presented a preliminary overview of the draft policies at the workshop.

During the discussion at the workshop on the content of the two important draft decrees of the Land Law, many opinions also pointed out existing limitations and constraints that need to be carefully considered and examined.

According to Mr. Nguyen Quoc Hiep - Chairman of the Vietnam Construction Contractors Association, regarding the draft decree detailing the implementation of some provisions of the Land Law regarding Chapter 4 - Land recovery, Section 1: Including 2 cases of land recovery "For national defense - security purposes and for socio-economic development for the national and public interests." However, currently, there are only guidelines for the national defense - security case, while the other case has not been mentioned, despite being a matter of great concern for businesses (Article 29).

 

Mr. Nguyen Quoc Hiep - Chairman of the Vietnam Construction Contractors Association, made a statement at the workshop.

In addition, providing feedback on Section 4 - Compulsory inspection and recovery, Mr. Hiep also proposed that the drafting agency reconsider and review certain provisions in the following articles: Article 37.2 "Mobilization, persuasion, dialogue with the compelled person within 5 days and documented in writing"; Article 45.5; Article 51; point c of Article 58; Article 67; Article 70; and Article 71.

Regarding the draft decree on land price regulations, Mr. Hiep also pointed out that the draft refers to 5 Appendices (including appendices providing examples and guidance on the application of each valuation method) but they are not attached to the draft. At the same time, he also highlighted some existing limitations and constraints and suggested that the drafting agency consider them.

In addition to the mentioned opinions, at the workshop, many opinions from experts, associations, and businesses also identified shortcomings, difficulties, and obstacles if applied in practice for the drafting agency to review and consider.

 

Deputy Minister of the Ministry of Natural Resources and Environment - Le Minh Ngan delivered the closing speech at the workshop.

Listening to the feedback from the delegates attending the workshop, in his closing remarks, Deputy Minister Le Minh Ngan stated that among the feedback at the workshop, there were issues that the drafting agencies had taken on board, amended, and there were issues pointed out that revealed deficiencies that the drafting agencies had not yet fully recognized... The drafting agencies acknowledged and highly appreciated the contributions and suggestions of experts, associations, and the business community in the process of drafting and improving draft policies. At the same time, they hoped that until the policies were finalized and issued, they would continue to receive valuable contributions from experts, associations, and the business community.

According to Gia Nguyen (Business Forum Magazine).

 

By: According to Gia Nguyen (Business Forum Magazine)/Translator: LeAnh-Bizic

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