The Land Law (amended) is expected to be passed at the Friday Session of the 15th National Assembly. However, on the morning of November 16, the National Assembly Standing Committee gave opinions on the reception and explanation of the Law project. The National Assembly Standing Committee and the Government agreed and the National Assembly also agreed not to pass the Law. Land (amended) at the 6th session and expected to move to the extraordinary session in January 2024.
This is also not the first time the Land Law (amended) has been rolled back. Because previously, the Government had submitted and the National Assembly decided to include a bill amending and supplementing a number of articles of the 2013 Land Law into the 2019 law and ordinance development program. However, after that, the Government continuously proposed Proposal to postpone consideration of the draft law 4 times, before the National Assembly decides to include it in the 2022 law and ordinance development program.
To date, the draft has 14 issues with two options that need to be consulted by the National Assembly. Among the issues that receive the most comments from experts and National Assembly delegates and continuously have to be edited through drafts is land recovery by the State (Articles 79, 126 and 128).
On the other hand, the land valuation method and applicable cases and conditions (Article 159) also have many mixed opinions. Specifically, the Drafting Committee designed two options. One is to stipulate in the law the content of the method and assign the Government to regulate the cases and conditions of application. Second, stipulate in the law the content, cases, and conditions for applying each method to ensure openness, transparency, and feasibility. The government proposed option one and proposed four land valuation methods: comparison, surplus, income and adjustment coefficient.
Meanwhile, National Assembly Chairman Vuong Dinh Hue and many delegates leaned towards option two because the more specific regulations help “protect officials” and ensure feasibility for implementing agencies. “The Decree is not a law, it is only a guide. Auditing and inspection agencies ask why they chose this method and not that one. If that is one dong higher, they will die,” Chairman Vuong Dinh Hue discussed at the meeting. discussion session on November 16, the draft proposed to clearly state the application conditions and selection principles of each method…
The report on a number of major contents of the reception, explanation and revision of the draft Law of the Standing Committee of the Economic Committee also said that, based on the opinions of National Assembly delegates discussed at the conference hall on November 3, the The provisions in the draft law have been further improved. However, the opinions of National Assembly delegates on many major policy contents include many different opinions or policy designs that are not yet focused, difficult to identify trends, and inconsistent on many complex issues. Some important policies have not been designed with optimal solutions. Many contents still have different options…
In addition, when discussing in the hall, there were 5/22 opinions requesting to pass the law project at this Session; 6/22 opinions clearly identified the need to quickly pass the draft law but must ensure quality; 11/22 comments suggested careful review, spending more time to absorb and edit in the most thorough way. At the same time, carefully consider approving the Law project when there are too many other opinions in the draft Law…
Notably, previously, speaking at the discussion session on the draft Land Law (amended) on November 3, Vice Chairman of the National Assembly Nguyen Duc Hai clearly stated that the Land Law (amended) project is a draft project. The law project is massive, difficult, and complex, and is an important legislative task of the entire term. Amending the law mobilizes the participation of the entire political system and all classes of people. The provisions of the law deeply affect all aspects of socio-economic life, rights and interests of the people. The quality of the law project must be given top priority, requiring careful and careful research on a scientific and practical basis.
Along with that, when the Draft Law is approved, the draft decrees and legal guiding documents will also need time to be completed synchronously, ensuring that they take effect at the same time as the law’s implementation effect after being approved. promulgated so that the law’s policies can quickly come to life, avoiding the situation of the law “waiting” for decrees, decrees “waiting” for circulars guiding implementation… From there, creating a legal basis and solving problems. existing difficulties and obstacles in order to further promote the effectiveness of land resources, better meet practical requirements, contribute to unclogging development resources, and promote investment and business activities. , promoting growth.
It is known that the Standing Economic Committee will coordinate with agencies to complete the draft law to report to the National Assembly for further discussion and comments. After the 6th session, the Economic Committee will report on a number of contents to seek advice from competent authorities to have directions for continuing to improve large, complex policies as well as the overall bill.
The Land Law Project (amended) is a very important and complex bill, affecting all aspects of socio-economic life, national defense, security, environmental protection of the country and each person. People should demand carefulness and caution, which is a completely accurate requirement. This is also the basis to further promote the efficiency of land resources, better meeting practical requirements; contributing to unlocking development resources, promoting investment and business activities, and promoting growth. Therefore, not passing the Land Law (amended) at this Session is absolutely the right decision!