Government Calls for Comments on the Draft Land Law

On 31 December, the Government of Vietnam issued Resolution No. 170/NQ-CP (“Resolution 170”) outlining plans for a public consultation on the revised Draft Land Law.

A new Land Law has been in the pipeline for some time. Last summer, the Party Central Executive Committee published its guidelines in Resolution 18 NQ-TW dated 16 June 2022. Highlights of these guidelines included: 

  • A proposal to move towards annual payment for land rental; 
  • Market-based land prices; 
  • The development of a land-use rights (“LURs”) market; 
  • A focus on LUR auction and project bidding, and;
  • Enhanced state management and transparency through a national land database.

Then, in September 2022, the Ministry of Natural Resources and Environment (“MONRE”) published the first draft of the new law for public consultation. This initial draft was submitted to the National Assembly for comment during the September-October session.

Now, there is a two-month window in which interested parties can register their comments and suggestions on the revised Draft Land Law. This public consultation will run from 5 January to 5 March 2023. 

MONRE has launched a portal which hosts the revised Draft Law and includes an interface enabling people to comment on each article: https://luatdatdai.monre.gov.vn/tham-van-du-thao-luat

Some notable issues in the revised Draft Land Law being consulted on include:

  • Upfront land payment would no longer apply to commercial and services land (instead, annual payment would apply);
  • Land use planning;
  • Land acquisition and compensation, support, and resettlement policies;
  • Land fund development;
  • Land allocation, land lease, and change of land-use purpose;
  • Land registration, certification, and administrative procedures, land data and information; 
  • Financial mechanisms and policies and land prices;
  • The management regime and use of different types of land;
  • Decentralisation, supervision, and control of power, and;
  • Households using land.

For more information about the revised Draft Land Law, or the Vietnamese real estate sector in general, just email us on: contact@apflpartners.com

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