Amendments Law of the Land Law proposal will not be included in the 2019 law and ordinance development program.
According to Resolution 57/2018/QH14 (passed on June 8, 2018), this law proposal belongs to the Program of 2019 (commenting at the 7th Session, passing at the 8th Session).
However, the Government stated that more time is needed to research, prepare and evaluate the remaining problems including: land for religious establishments; foreign long-term house ownership; compensation, site clearance, and settlement of land-related disputes, complaints and denunciations; land use planning, land acquisition, land economy, land consolidation; condotel, officetel, homestay; etc.
On September 6th 2018, the Political Bureau issued Conclusion No.36-KL/TW on the implementation of Central Resolution 6 Session XI, in which the Politburo had not required the amendments to Land Law, but assigned Government Party Committee to “promptly direct the admendments and supplements to the sub-law documents and coordinate the implementation of land laws and policies.”
Accordingly, the Ministry of Natural Resources and Environment has been assigned to continue researching, analyzing, and comprehensively evaluating the provisions of the current Land Law and the orientation of Amendments Law, then submit to the Government after 2020.
Thus, 15 issues that the Ministry of Natural Resources and Environment proposed in the Amendments Law of the 2013 Land Law will yet to be considered by the National Assembly.
The Amendments Law proposal of the Land Law is one of the public’s most-interested project. Previously in 2016, Prime Minister Nguyen Xuan Phuc assigned the Ministry of Natural Resources and Environment to assume the prime responsibility and coordinate with related ministries and agencies in studying and proposing amendments to the 2013 Land Law.
It was at the end of 2017 that the Ministry of Natural Resources and Environment announced the Amendments Law proposal of the Land Law to gather public opinions.
The proposal suggests amending and supplementing 15 issues in the 2013 Land Law including: abolishing Article 130 on the quota for agricultural land use right transfers of households and individuals; supplementing Aricle 5 to allow foreign individuals who are eligible to own houses in Vietnam to be land users and be certified as house ownership under the provisions of the Housing Law.
The draft also proposes amending clause 3 of Article 114 towards shifting specific land-pricing decision to district-level People’s Committees in case of land acquisition, land allocation and land lease to households and individuals; supplementing Article 118 to specify cases where auction of land use rights is not required; supplementing Article 191 to expand the subject pool entitled to transfer of rice land; amending and supplementing Article 203 towards transfering land dispute settlement responsibility from State administrative agencies to the Court; etc.
