General Secretary Nguyen Phu Trong has just signed and promulgated Resolution No. 18 of the Fifth Conference, the XIII Party Central Committee on “Continuing to renew and perfect institutions and policies, improve effectiveness and efficiency. land management and use, creating a driving force to turn our country into a high-income developed country”.
The land price is determined to be much lower than the market price
The resolution clearly states that, after nearly 10 years of implementing Resolution No. 19-NQ/TW of the 11th Party Central Committee, the policy and law on land have had many innovations, better meeting the requirements of the State. practical requirements, gradually creating a legal corridor for the management and use of land more rationally, economically and effectively.
However, the management and use of land is still limited. The allocation and lease of land in some places still have many shortcomings and mistakes. The work of compensation, support, resettlement and land recovery in some localities is slow, not in accordance with the Resolution and regulations of the law, affecting the rights, lives and livelihoods of people. people whose land is recovered, causing losses to the state budget.
Land use rights are a special type of property and goods but are not ownership rights; land use rights and land-attached assets are protected by law.
The real estate market, including the land use right market, has not developed stably, transparently, sustainably, with many potential risks; The market for agricultural land use rights is slow to develop. The methods of valuation and auction of land use rights are still inadequate and not suitable to reality. The determined land price is usually much lower than the market price of land.
In view, Resolution 18 affirms that land belongs to the entire people, and the State is the representative of the owner and uniformly managed. The State exercises the rights of the owner through the decision on master plans and plans on land use; recover land, allocate land, lease land, recognize land use rights, permit change of use purpose and stipulate land use term; decide on land prices; policy decisions to regulate the value added from land that is not created by land users. Land use rights are a special type of property and goods but are not ownership rights; land use rights and land-attached assets are protected by law.
Land allocation and lease mainly through auction
Regarding tasks and solutions, the Resolution requires the completion of regulations on land allocation, land lease, and land use purpose change. Land allocation and land lease shall be carried out mainly through auction of land use rights and bidding for projects using land.
The land acquisition must comply with the Constitution and laws; only be implemented after the compensation, support and resettlement plan is approved. In case of land recovery, resettlement must be arranged, the resettlement arrangement must be completed before the land is recovered. The compensation, support and resettlement must go one step ahead, ensuring publicity, transparency and harmonization of the interests of the State, the people whose land is recovered and investors in accordance with the Constitution and the law. the law.
The resolution requires that by 2023, amendments to the 2013 Land Law and a number of related laws must be completed, ensuring uniformity and consistency.
More specific regulations on authority, purpose, scope of land recovery, specific conditions and criteria for land recovery by the State for socio-economic development for national and public interests. Continue to implement the self-negotiation mechanism between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects.
Regulations on the mechanism of land use right contribution and land adjustment for urban development and embellishment projects and rural residential areas. There are specific and synchronous sanctions 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. government.
Regarding the improvement of the land price determination mechanism, the Resolution clearly stated that the land price bracket should be abolished. There is a mechanism and method for determining land prices according to market principles, defining the functions, tasks and responsibilities of the agency in charge of land price determination. The Central Government shall develop criteria and procedures for inspecting and supervising localities in formulating land price lists. Provincial-level People’s Councils decide, inspect and supervise the implementation of land prices. Supplement and complete regulations to ensure publicity and transparency such as: Publicizing land prices, compulsorily trading through trading floors, paying via banks, not using cash; strictly handle violations…
Promote commercialization of land use rights
In particular, the Resolution also emphasizes the requirement to stipulate a higher tax rate for users of many land areas, many houses, land speculation, slow land use, and abandoned land. To adopt preferential policies on tax, land use levy and land rent suitable to the fields and geographical areas eligible for investment incentives; for poor households, ethnic minorities, families of people with meritorious services to the revolution…
Promote commercialization of land use rights. Building a real estate market information system associated with land information; adopt policies to encourage the development of the land use right market, especially the agricultural land rental market. Having a mechanism to ensure the healthy, safe and sustainable development of the real estate market; strictly control and overcome land speculation.
Prescribing higher tax rates for users of large areas of land, many houses, land speculation, slow land use, and abandoned land.
Develop regulations on banks for leasing agricultural land. Develop appropriate mechanisms and policies and organize the recovery of contracted land without investment from agricultural and forestry companies to the locality for management and implementation of land allocation and lease according to regulations. with the conditions of each locality, region and region. There are appropriate policies in place to prioritize land allocation to ethnic minorities who lack productive land, along with effective mechanisms to prevent people from transferring land after being allocated land.
The Central Committee assigned the Government Party Personnel Committee to assume the prime responsibility for, and closely coordinate with the National Assembly Party Committee, to review the implementation of the 2013 Land Law; amending the Land Law in 2013; at the same time, review and finalize relevant laws to ensure uniformity and consistency, create a legal basis for the implementation of the Resolution and supervise the implementation nationwide.
Source: CafeF
Source: Vietnam Insider