The recent amendments to Vietnam’s Land Law have garnered significant attention for their far-reaching impact on various sectors. With 260 articles and numerous novel provisions, five key elements stand out, as explained by Mr. Phan Duc Hieu.
Firstly, the revised law focuses on enhancing the protection of citizens’ and land users’ legitimate rights and benefits. Notably, it extends land use rights to Vietnamese citizens residing both within and outside the country. Specific attention is given to the land policies for ethnic minorities and the rights of those affected by land clearance for planning purposes. Additionally, the law outlines detailed administrative procedures for issuing land certificates to individuals and businesses, including the renewal of time for agricultural land.
Secondly, the amendments introduce new regulations concerning land access for daily activities, manufacturing, trading, and the construction of socio-economic facilities. Article No.79, for instance, addresses land retrieval for national defense, public facilities construction, and the allocation of land funds for small and medium-sized enterprises, healthcare, education, and culture.
The third group of amendments aims to enhance the performance of land use, emphasizing that land is not only for habitation but also for manufacturing and trading activities. This shift is crucial in preventing waste and speculation in land use. Regulations cover multiple land use purposes, agricultural land conversion for manufacturing, land lease and joint venture rights, and changes in land use purposes.
The fourth content pertains to finance, introducing policies on land prices, land use fees, land rent, and land-related fee valuations. These policies aim to stabilize land rents, providing favorable conditions for manufacturing activities and detailing land prices and supports for individuals and businesses.
Lastly, the amendments address state management on land use, aiming to streamline administrative procedures, improve the quality of land databases, introduce mechanisms to settle disputes, enhance the role of commercial arbitrations, and issue land use certificates in specific cases.
Mr. Hieu emphasized that these amendments, especially in protecting legitimate rights and benefits, have significant implications for individuals and businesses, treating land as a critical input resource. Notably, Vietnamese land users, even those residing abroad, now have expanded rights, aligning with the Party and State’s commitment to fair treatment of all citizens.
The amendments also bring fairness to policies related to ethnic minorities, demonstrating the humane side of the Party and State toward all citizens. Administrative reforms related to land use positively impact enterprises by simplifying procedures and protecting the legitimate rights of citizens.
Crucially, the amended Land Law institutionalizes the Party and State’s policy of utilizing market mechanisms and reducing administrative obstacles in land access, fostering consistency between landowners and those wishing to use the resource. The emphasis on mechanisms such as bidding, auctions, land use purpose changes, and business cooperation is expected to boost socio-economic activities.
Mr. Hieu emphasized that the amended Land Law aims to ensure fairness and convenience for businesses of all scales and fields to access land resources. Notably, the law introduces mechanisms to promote medical and educational activities, ensuring industrial parks allocate sufficient land for small and medium-sized enterprises. Additionally, the law addresses specific land resources for social policies, making it fairer and more convenient for businesses, aligning with market-oriented principles.