Nghị quyết 18-NQ/TW 2022 hoàn thiện thể chế sử dụng đất tạo động lực phát triển thu nhập cao

RESOLUTION

OF THE FIFTH PLENUM OF THE 13^TH CPV CENTRAL COMMITTEE ON “ONGOING INNOVATION AND IMPROVEMENT IN REGULATORY INSTITUTIONS AND POLICIES; ENHANCEMENT OF EFFICIENCY AND EFFECTIVENESS IN MANAGEMENT AND USE OF LAND, SERVING AS THE DRIVING FORCE IN DEVELOPING OUR COUNTRY INTO A HIGH-INCOME ECONOMY"

I- SITUATIONAL CONTEXT

Over nearly 10 years of implementing the Resolution No. 19-NQ/TW of the 11^th Party Central Committee of the Party, regulatory policies and legislation on land have had many innovations, satisfied practical requirements better, gradually creating a legal corridor for the management and use of land in a more rational, economical and effective manner.

Land use planning schemes and plans have been implemented in the direction of an integrated, interdisciplinary approach and become an important tool for the unified State management, allocation and use of land. Land resources are exploited and used more effectively for socio-economic development, ensuring conformance national defense, security and environmental protection requirements; contributing to solving social problems, creating more equality among land users; basically control the situation of arbitrary and rampant land allocation and lease. The management of residential and production land intended for ethnic minorities is a matter of concern. The interests of stakeholders involved in compensation, support, residential resettlement, land acquisition, as well as the life and livelihood of people whose land is appropriated are better cared for and guaranteed. Rights and obligations of organizations, households and individuals using land are guaranteed and upheld, especially when agricultural land is used.

The real estate market, including the land use right market, develops relatively quick; regulatory institutions and policies on real estate market development and financial policies in the land sector have been gradually improved. Tax incentives, land-use levy and rental exemption and reduction policies have made an important contribution to attracting investment, especially in remote, isolated and disadvantaged areas. Land-related policies pertaining to social housing have achieved a number of important results. The land price bracket and list have been built according to regulations, taking into account the common land market prices.

There have been a lot of positive changes in inspection, examination and supervision of the implementation of laws and regulatory policies on land, settlement of disputes, complaints, claims and violations of the land law; many cases of corruption, violations of regulatory policies and laws on land are strictly sanctioned. The capacity for state management of land has been gradually improved; the organizational system and the land management apparatus have been gradually consolidated. Administrative reform in the land sector is given more emphasis. The initial registration of land and issuance of certificates of the right to use land, own house and other land-attached property has reached the high rate. The primary attention has been paid to the building of the land database.

However, there have been a lot of issues and problems arising from land management and use.  Several regulations included in the Resolution have not been institutionalized or institutionalized late or incompletely; there have been overlaps, inconsistencies or discrepancies between the Land Law and other related legal normative documents. In some cases, legislation and regulatory policies on land have not kept up with the rapidly-changing real context.

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The real estate market, including the land use right market, has not developed stably, transparently and sustainably with many potential risks; The development of the market for agricultural land use rights remains slow. Administrative reform in land management is still slow and has not met practical requirements; It is still difficult for businesses, especially small and medium enterprises, to have access to land. Regulations on land registration and statistics, especially registration of land changes, have not been strictly observed when there are still acts of harassment and hindrance to people and businesses.

Financial policies in the land sector have not really given rise to economical, efficient and sustainable land use; waste and violations of law on land have not been controlled; proportion of revenue from land is not sustainable. The methods of valuation and auction of land use rights are still inadequate and not suitable to the real context. Registered land transfer prices are much lower than the market prices. Difference in prices of land near or at the border of localities has not been radically eliminated. There have not yet been punitive measures against violations arising in land pricing and land-use right auction activities.

Competence in land administration of state regulatory authorities has not yet been satisfactory.  The land database and information system have not yet been completely built. Dispute, complaint, accusation and violation against law on land are in complicated developments; the number of land-related grievance and allegation letters tends to increase; there are a lot of land-related grievance cases and matters of which the late processing and handling inflict social resentment.   

Land has not been exploited and used effectively to become an important resource for socio-economic development of the country. Depletion, degradation, pollution and landslides are becoming more and more serious. A great amount of agricultural land and project land is still abandoned. Some issues and problems related to the management and use of land of previous state-owned agricultural and forestry farms; land intended for national defense and security in combination with production and economic development; land of production facilities and non-business units that have been moved out of the centers of large cities; religious land; multipurpose land, have not been basically resolved.

Main causes of the aforesaid issues and problems comprise: There is a lack of strong consensus about awareness of a number of issues related to land management and use in the socialist-oriented market economy, especially about the importance and significance of all-people ownership of land represented and uniformly controlled by the State; Awareness of regulatory policies and legislation on land is sometimes or somewhere incorrect and incomplete; The awareness of compliance with land legislation amongst several public officers and people is still restricted; Land is traceable, and of diverse, complicated and sensitive origin;

Legislation and regulatory policies on land remain faulty, inadequate, in an overlapping situation and incoherent, causing adverse impacts on the efficiency in land administration and creating loopholes allowing a number of individuals and organizations to perform corrupt practices; acts of embezzlement and profiteering against; cause loss and waste of, public property.

Several tasks already mentioned in the Resolution have not been duly implemented. Legislation and regulatory policies on land are not strictly observed. Assignment of duties and decentralization of authority towards land management and utilization are not reasonable and not aligned with inspection, supervision and control activities; there are vague responsibilities between the legislative, executive and judicial agencies in the role of representing the owner of land and uniformly managing land. Major relationships in land management and use have not been well managed and there exist issues and problems arising in management and use of land due to historical causes and subject to new contextual requirements. Resolution of disputes, complaints and denunciations involving land is, sometimes or somewhere, not timely, not definitive and not in accordance with law; there is an act of passing the buck when resolving disputes, complaints and denunciations. The organizational system and apparatus for state management of land have no longer met practical requirements; the mechanism and resources for investment in the state management apparatus are still inadequate.

II- VIEWPOINTS

1. Land is under all-people ownership represented and uniformly managed by the State.  The State exercises the rights of the owner by means of its deciding land-use planning schemes and plans; its appropriating land, allocating land, leasing land, recognizing land use rights, permitting repurposing of land and stipulating land use term; its deciding land prices; its deciding policies on regulating the value added portion of land that is not created by land users. The State can appropriate land to use for defense and security purposes; socio-economic development for the national and public interests in accordance with law, ensuring the equality, public access, transparency, and the increased sense of accountability. All people’s interests; people’s opportunities to have access to land in a fair, open, effective and sustainable manner must be assured when using and managing land.

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2. Land use right is classified as a special type of property and commodity, but not ownership right; the right to use land and land-attached property is protected by law. Land users have the rights and obligations to use land as prescribed by law. The State shall not recognize the reclaiming of land pieces that has been assigned by the State to other land users in the course of implementing regulatory policies and legislation on land; shall not make any adjustment in the agricultural land allocated to households and individuals; shall promptly adopt appropriate policies so that agricultural land can be exploited and used optimally.

3. Regulatory institutions and policies on land must be completed synchronously and in line with regulatory institutions for development of the socialist-oriented market economy. It is a must to adopt regulatory policies tailored for land users and land occupancy approaches in order to help prompt potentials and maximize the value of land resources; resolutely combat any act of corruption or misconduct related to land, settle land-related lawsuits, and prevent any act of speculation and wasteful use of land.

4. Enhance efficiency and effectiveness in state management of land. Modernize land administration and rendering of public services related to land. Reinforce and perfect the land management apparatus to ensure it is streamlined, effective, efficient, centralized, consistent and unified. Improve the role and capacity of judicial agencies in settling complaints, denunciations and disputes over land. Land used in the economy must be subject to full investigation, assessment, statistics, inventory, quantification and accounting; must be planned for efficient and rational use according to a long-term vision and the requirement for ensuring harmony between interests of different generations, regions and zones, between the needs for socio-economic development and national defense and security requirements; ensuring educational, cultural and sports development; ensuring environmental protection and adaptation to climate change; ensuring national food security. Duly solve past and present issues and problems arising in the management and use of land.

5. Promote the Party’s leadership, uphold the role of the Vietnam Fatherland Front, socio-political organizations and people in formulating, implementing and supervising the implementation of policies and legislation on land.

III- OBJECTIVES

1. General objectives

Build the complete system of regulatory institutions and policies on land with the aim of ensuring that they are consistent and in line with regulatory institutions for development of the socialist-oriented market economy. Land resources must be managed, exploited and used in the most efficient, sustainable and effective manner; must meet the requirements concerning strengthened industrialization, modernization, equity and social stability; must guarantee national defense and security; must ensure environmental protection, adaptation to climate change; must serve as a driving force to develop our country into a high-income economy. The real estate market, including the land-use right market, needs to become a rational, fair and effective land distribution channel.

2. Specific targets

By 2025:

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By 2030:

In essence, formulation of regulatory institutions and policies on land must be completed in the expectation that they are consistent, unified and aligned with regulatory institutions for development of the socialist-oriented market economy. Persevere in successfully put an end to the wasteful use of land, the situation in which land lies fallow, contaminated, depleted, degraded, and issues or problems arising in management and use of land left from the past.

IV- DUTIES AND SOLUTIONS

1. Raise common awareness among public staff, Party members and the population on land management and use in the socialist-oriented market economy

Local Party committees, party organizations, governmental authorities, Vietnam Fatherland Front and socio-political organizations must provide public staff, Party members and the population with training and education programs to help them gain the appropriate and full knowledge about land under the all-people ownership represented and uniformly controlled by the State, especially those on the rights and obligations of the State as the representative of the owner according to the regulatory provisions of the Constitution and the law; rights and obligations of organizations, households and individuals as transferees of land use rights transferred by the State. Land is a great resource that needs to be developed, managed and used effectively and sustainably, ensuring social justice; must be protected against being degraded, destroyed, wasted, or involved in any corrupt practice and misconduct act.

2. Build the complete system of regulatory institutions and policies on land with the aim of ensuring that they are consistent and in line with regulatory institutions for development of the socialist-oriented market economy

The main emphasis is placed on amending, supplementing and perfecting the 2013 Land Law and other relevant legal normative documents, ensuring consistency, unity, and adaptation to new development requirements, specifically as follows:

2.1. Innovate and improve the value of land use planning schemes and plans

National master plans, land-use planning schemes and specialized planning schemes involving the use of land must be suitable, unified, synchronous, closely connected for mutual support for development purposes. Land-use planning schemes and plans at the national, provincial and district levels must meet the requirements for implementation of the strategy for rapid and sustainable socio-economic development; must ensure maintenance of national defense and security; must meet the requirements concerning environmental protection and adaptation to climate change. Each land-use planning scheme must contain information about land-use quotas by land types, spatial, land-use and ecosystem zoning plan which are arranged according to specific land parcels. Land-use quota must be determined properly so that it is aligned with the land-use needs and ensures no waste during the process of land allocation, management and use. Clear and coherent regulations on approval and promulgation of annual land-use plans must be adopted. The State must provide sufficient resources needed for formulation of land-use planning schemes and specialized ones involving the use of land.

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Allocate and lease land mainly by auctioning land use rights and soliciting bids for implementation of projects using land. Impose detailed regulations on auction of land use rights, tendering of projects using land; strict restrictions and regulations on the cases of land allocation or lease without land use right auction or tendering of projects involving land use; ensure openness, transparency, synchronous and specific mechanism for handling violations against regulations on land allocation and lease, especially regulations related to auction of land use rights and tendering of projects using land.

Basically implement the method of land lease requiring payment of annual rent and impose detailed regulations on the cases of one-time payment of land rent according to land characteristics and uses, ensuring a stable source of income and avoiding the State budget losses. The State shall allocate quota-bound land without collection of land use levy with respect to land used as worshipping facilities and offices of religious organizations. Religious organizations that use land for other purposes must pay land rent into the State budget in accordance with law. Impose conditions for land allocation, lease and land-use limits for religious organizations, depending on the existing unoccupied land available for local use.

Strengthen the management and strict control of repurposing of land, especially paddy farming land; protection forest land; special-use forest land; land of the production forest which is the natural forest; land of state enterprises completing the divestment and equitization process; and multi-purpose land; strengthen management hierarchy and decentralization of authority in sync with inspection, supervision and increased administrative reform during the land repurposing process.

2.3. Complete regulations on compensation, support, residential resettlement, land appropriation for the purpose of maintenance of national defence and security; socio-economic development in public and national interests

Land appropriation must comply with the Constitution and legislation; shall only be implemented after the compensation, support and residential resettlement plan is approved. If residential resettlement is required after land appropriation, resettlement must be completed beforehand. Compensation, support and residential resettlement must be one step ahead, ensuring openness, transparency and harmonization of the interests of the State, the person whose land is appropriated and the investor in accordance with the Constitution and legislation; specific regulations on compensation, support and residential resettlement must be adopted so that, after completed land appropriation, people whose land is appropriated must have their residence and living standard equal to or better than those at the previous residence. Effectively provide vocational training courses, create jobs, reorganize production and stabilize the life of people whose land is appropriated. Continue to pilot and make early assessment reports on compliance with guidelines for splitting compensation, support and resettlement projects from investment projects in order for the former to be executed first.

Adopt more detailed regulations on authority, purposes and scope of land appropriation, specific conditions and criteria for the State land appropriation for the purpose of socio-economic development in the national and public interests.  Continue to implement the mechanism for voluntary negotiation between people and businesses involved in the transfer of rights to use land for development of urban and commercial housing projects. Design the complete organizational structure, apparatus, machinery, operating regime and financial mechanism of land development organizations in the expectation of ensuring that they are streamlined, work efficiently and are capable of creating, managing and exploiting available unoccupied land, and duly perform the tasks of compensation, support and resettlement in case of the State land appropriation.

Adopt specific regulations on the effective use of available land adjacent to infrastructure facilities according to land use planning schemes and plans, and on preferential treatment granted to people whose residential land has been appropriated when they wish to receive allocated land or buy houses built on the land plots subject to extended land appropriation measures under the regulatory provisions of law. For socio-economic development projects to be developed according to land-use planning schemes and plans, it is necessary to soon develop and perfect regulatory mechanisms and policies so that organizations, households and individuals having the right to use land can join with investors to implement projects in the form of transfer, lease or contribution of land use rights.

Adopt regulations on the mechanism for contribution of land use rights and land resizing that are applied to urban and rural residential area development and refurbishment projects. Impose specific and synchronous sanctions if land that has already been allocated or leased by the State is not used or is not used during the permitted time limit. Resolutely appropriate land from organizations, state agencies, and non-business units that use land for improper purposes, especially land pieces located at places where there are a lot of potential benefits; prevent loss of state capital and public property.

2.4. Complete land pricing approaches

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2.5. Complete financial mechanism and policies on land

Financial policies applied to land must achieve harmony between the interests of the State, land users and investors; adopt a reasonable and effective regulation mechanism for revenue from land use levy and land rent between the central and local government; research and develop policies to control land rent disparities, ensuring public access and transparency.  Review regulatory policies and legislation on agricultural and non-agricultural land use taxes, develop regulatory policies and legislation on land use taxes according to international practices, keeping up with the level of development and conforming to specific conditions and appropriate roadmap. Impose regulations on higher tax rates for users of the large amount of land, the great number of houses, land speculation, deferred land use, and abandoned land. Adopt tax incentives, incentives for land use levy and land rent according to the fields and geographical areas eligible for investment incentives; for poor households, ethnic minorities, and families of people rendering meritorious services to the revolution; for localities where production planning schemes take effect in order to ensure national food security, protect all kinds of forests, especially protection forests and special-use forests and so on.

2.6. Complete regulatory provisions related to real estate market, including land-use right market

Strengthen commercialization of land use rights. Build a real estate market and land information system; adopt incentive policies for development of the land use right market, especially the agricultural land rental market. Build the complete regulatory framework for and promote non-cash payments in real estate transactions. Adopt a mechanism to ensure the healthy, safe and sustainable development of the real estate market; strictly control and take mitigative actions against land speculation acts.

2.7. Complete regulatory mechanism and policies on management and use of agricultural land

Allow more people to have access to assigned agricultural land and increase the quota on transfer of land according to the characteristics and conditions of specific regions and localities, and the requirements for shifting of occupation, employment and labor in rural areas. Enable agricultural land users to repurpose land intended for crop and livestock production, and improve the efficiency in agricultural land use according to the stated planning scheme. Strengthen soil quality management, and mitigate soil degradation and deterioration.

Set regulations on banks’ lease of agricultural land. Develop appropriate regulatory mechanisms and policies and take charge of appropriation of allocated land that is not in use from agricultural and forestry companies so that local governments can take control of, transfer and lease land according to regulations, local and regional conditions. Adopt appropriate policies in place to prioritize land to be allocated to ethnic minorities who lack land for production purposes, and effective mechanisms to prevent people from transferring land after land allocation.

2.8. Formulate regulatory provisions on management and use of mixed-use land

Supplement, amend and improve regulations on management and use of defense and security land on the basis of review of results achieved from the piloting of a number of policies aimed at addressing issues and backlogs arising in the management and use of land intended for national defence, security in combination with production and economic development activities. Supplement regulations on land intended for the combined purposes of residence, trading and provision of services; land intended for the combined purposes of agricultural production, trading and provision of service; land used for development of spiritual tourism projects. Adopt regulations on land use regimes for construction of aerial, underground facilities and land formed from sea reclamation activities.

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Promote digital transformation in the field of land management and use; distribute reasonable resources to build and complete the national land information system and database on schedule; ensure centralized and unified management, operation, connection and sharing of information from the central to local level. Require the compulsory registration of land use rights and all changes in land, and at the same time have specific and uniform sanctions to prevent transactions that are not registered with state agencies.

Unify and perfect the system of land management agencies at the central and local levels to ensure it is streamlined, work stably, consistently, effectively and efficiently; promote the application of modern technology during the land management process. Boost establishment of the management hierarchy and decentralization of authority over the exercise of the right to represent the all-people ownership of land and the consistent management with a view to improving local responsibilities and strengthening close inspection, supervision and control by the central government; reduce focal points, intermediaries, speed up administrative reform, and hold back acts of annoyance and misconduct. Continue to improve the capacity of public service providers in the land sector. Adopt investment mechanisms, incentives, remuneration policies and training programs to help public officers and staff members to improve their qualification, competence and knowledge in land management.  

Provide all available funding for land resource investigation and assessment; land statistics and inventory; monitoring of land use; protect, improve and restore land quality in order to closely supervise the quantity and quality of land to meet the needs of land use planning schemes and plans, and serve as a basis for sustainable land use.

4. Improve and strengthen inspection, examination, supervision and handling of violations; settle disputes, complaints and denunciations related to land; tighten rules, disciplines, intensify prevention and control of corruption and misconduct acts

Improve and strengthen the Party's inspection and supervision, the State inspection, examination, supervision and control in the formulation, promulgation and implementation of land-related mechanisms and policies; settle disputes, complaints and denunciations related to land; strengthen the prevention and control of corruption and misconduct acts in land management and use. Strengthen control over power, regularly inspect, supervise, inspect and audit the management and use of land, promptly handle violations of the land law; tighten rules, disciplines, intensify prevention and control of corruption and misconduct acts in the land sector. Conduct examination and inspection of responsibilities for settling complaints and denunciations of regulatory authorities at all levels; implement the motto of radically resolving land disputes from the grassroots level, avoiding transfer of the cases likely to be handled under the grassroots authority to the central government.

5. Focus on radically resolving long-lasting issues and problems related to management and use of land

Marshal investment resources, drastically direct and enhance the responsibilities of central authorities and local authorities in handling issues and problems related to land of previous state-owned agriculture and forestry farms; land of production facilities and non-business units that have been relocated from the centers of large cities; conduct the auction of land use rights when restructuring state-owned offices and facilities transformed into land used for economic development purposes, ensuring compliance with approved land-use planning schemes and plans; land recovered from the equitization or divestment of capital of state enterprises; land used for multiple uses; issue decisions to allocate residential and production land for ethnic minorities according to land-use planning schemes and plans; resolve issues and problems arising in use and management of land left from the past.

6. Strengthen the Party’s leadership and promote roles of Vietnam Fatherland Front and other socio-political and mass organizations in land management and use

Innovate the new form, content of and speed up the promulgation, communication and education of land law, raise awareness of and sense of responsibility for compliance with land law amongst officials, Party members, people and businesses. Local Party committees, organizations and authorities at all levels, especially the heads thereof, must concentrate on leading and directing the formulation and implementation of regulatory policies and legislation on land, and must bear responsibility if they fail to prevent organizations and individuals under their management from violating regulatory provisions, profiteering, or causing loss or wasteful use of land.

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V- IMPLEMENTATION

1. The Politburo shall issue the Plan on implementation of the Resolution; lead and direct the uniform and timely implementation thereof with the aim of making substantial changes in awareness and action of the entire political system.

2. Provincial CPV Committees; CPV Designated Representations directly under the Central Government shall take charge of researching, studying, grasping and designing programs and plans, and implementing the Resolution. 

3. The Government’s CPV Designated Representation shall take charge of, and closely cooperate with the National Assembly’s CPV Designated Representation in, assessing and reviewing the implementation of the 2013 Land Law; amending the 2013 Land Law; at the same time, reviewing and completing relevant laws to ensure uniformity and consistency, creating a legal basis for the implementation of the Resolution, and supervising the implementation thereof nationwide.

4. The Government’s CPV Designated Representation shall direct the modification and supplementation of sub-law documents; organize the implementation of programs, plans and schemes to implement the Resolution consistently and effectively; correct and strengthen the enforcement of the land law, strictly handle violations of the land law; monitor, examine, evaluate and adjust it to satisfy actual requirements, ensuring the successful implementation of the Resolution of the Party Central Committee.

5. The Vietnam Fatherland Front and socio-political organizations shall strengthen social supervision, encourage all classes of people to actively observe regulations on supervision of and get involved in supervising the implementation of the Resolution, regulatory policies and legislation on land.

6. The Central Economic Commission shall preside over, and cooperate with central CPV Committees and Designated Representations to regularly monitor, supervise, inspect, encourage, conduct preliminary and final review of, and send the Politburo and the Secretariat periodic reports on results of the implementation of the Resolution.

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