Land use rights when the State allocates or leases land must be land that has been cleared and has an auction plan approved by competent authorities; organizations and individuals participating in the auction of land use rights must ensure the conditions of being subjects of land allocation, land lease, and land use according to the provisions of law.
Regulations expand and specify cases of land allocation and land lease that must be auctioned for land use rights, including: (1) land allocation for housing construction for sale or lease/lease-purchase; (2) construction of infrastructure for transfer/lease; (3) urban and rural residential land for households and individuals; (4) use of land funds to create capital for investment in infrastructure construction; (5) leasing of commercial and service land; land for non-agricultural production facilities; (6) leasing of land in the agricultural land fund for public purposes for agricultural, forestry, aquaculture, and salt production; (7) land allocation and lease of land recovered by the State due to rearrangement and handling of working headquarters, public service facilities, production and business establishments whose assets attached to the land are state-owned; (8) land allocation and lease of land in cases where land use fees and land rents are reduced. Narrow and clearly define the cases of land allocation and land lease without auctioning land use rights, including: land allocation without land use fee collection; exemption from land use fee and land rent; land allocation and lease to households and individuals who need to continue using agricultural land exceeding the allocated limit; land lease to foreign organizations with diplomatic functions to build offices; land lease with annual land rent for people's armed forces units using land for agricultural production, forestry, aquaculture, salt production or agricultural production, forestry, aquaculture, salt production combined with national defense and security tasks; land use for mineral activities; land use to implement investment projects to build resettlement housing, social housing and official housing; land allocation to cadres, civil servants and public employees who change their workplace according to the transfer decision of the competent agency.
Competence; allocation of residential land to households and individuals with permanent residence in the commune but without residential land and have not been allocated residential land by the State; residential land to households and individuals with permanent residence in towns in areas with difficult socio-economic conditions, areas with especially difficult socio-economic conditions but without residential land and have not been allocated residential land by the State; allocation of land, land lease in cases where land is put up for auction for land use rights but no one participates or in cases where only one person registers to participate in the auction or the auction has been held at least twice but is unsuccessful [37, Article 118].
With the specific regulations on land use rights auction as above, it will be the basis for the management, exploitation and development of land funds to be carried out conveniently, ensuring that land funds serving socio-economic development will be allocated and leased at high value, increasing the state budget revenue. The land fund itself is also exploited effectively, avoiding waste.
2.1.4. Financial regulations on land and land prices in land fund management for socio-economic development
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Regulations on Planning and Agricultural Land Use Plans
Financial regulations on land, land prices and land use rights auctions in the 2013 Land Law include Chapter VIII and Decrees 43/2014/ND-CP and 44/2014/ND-CP dated May 15, 2014 of the Government.
The 2013 Land Law has approached and fully expressed the issue of land finance according to the socialist-oriented market mechanism under State management, while ensuring the rights of land users, the rights of the State, investors and ensuring social stability; in line with the process of implementing the cause of industrialization and modernization of the country.
2.1.4.1. Financial regulations on land in land fund management for socio-economic development
On land finance mechanism
Current land laws have established equality in access to land.
between domestic investors and foreign investors; allowing foreign investors to apply the form of land allocation with land use fee collection to implement housing investment projects for sale or for sale combined with lease and to apply the form of land lease with annual payment or land lease with one-time payment for the entire lease term to implement the project like domestic investors.
Specify the principles for calculating land use fees and land rent; the basis for calculating land use fees is land area, land use purpose, land price and land use term; the time for calculating land use fees and land rent is the time when the State decides to allocate land, lease land, allow change of land use purpose, recognize land use rights. Supplement specific regulations on payment of land use fees and land rent when changing land use purpose, extending land use: pay land use fees and land rent in one lump sum for the entire rental period equal to the difference between the price of the land type after changing the land use purpose and the price of the land type before changing the land use purpose; pay annual land rent according to the land type after changing the land use purpose; perform financial obligations for the extended period.
Article 111 of the 2013 Land Law and Article 6 of Decree 43/2014/ND-CP of the Government specifically stipulate the Land Development Fund established by the Provincial People's Committee or entrusted to the Development Investment Fund, other local financial funds to provide capital for compensation and site clearance, to create and develop land funds according to land use planning and plans approved by competent state agencies and to invest in the construction of resettlement housing and land, and to implement investment projects to build technical infrastructure on land to serve local socio-economic development.
This regulation is the basis for the creation and development of land funds for socio-economic development. Because above all, to manage and exploit land funds for socio-economic development well, financial mechanisms on land must be clear, detailed, ensuring transparency.
2.1.4.2. Regulations on land prices in land fund management for socio-economic development
Principles and methods of land valuation
The 2013 Land Law stipulates that valuation must be based on the legal land use purpose at the time of valuation, according to the land use term, ensuring the principle of conformity with the market mechanism under State management (Article 112). This principle helps to make land valuation closer to reality, avoiding the situation of many land prices appearing on the market. At the same time, the law stipulates the addition of four common land valuation methods in the world stipulated in Article 4 of Decree 44/2014/ND-CP of the Government regulating land prices: the direct comparison method; the income method; the deduction method and the surplus method. The effective application of these methods will help land valuation to be more accurate than before, when only two methods of direct comparison and collection were used. Therefore, the actual value of the land plot is determined in accordance with the market and profitability.
Regulations on land price framework, land price list and specific land prices
The 2013 Land Law specifically stipulates: land price framework (Article 113), land price list and specific land prices (Article 114) applied for certain purposes.
The Government regulates the land price framework every 5 years for each type of land, according to each region to guide the Provincial People's Committee to develop local land price lists. Supplementing the previous regulations for cases where localities cannot agree on land prices in the area.
Borders between provinces and centrally run cities are reported to Thu
The Government shall decide . When the market land price increases or decreases by more than 20%, the Government shall adjust the land price framework and standard land price accordingly. The regulations on land price framework are specifically stipulated in Decree 44/2014/ND-CP issued by
The government issues specific guidelines, thanks to which the land price list is built specifically for each locality.
The 2013 Land Law stipulates that "The land price list is periodically developed every 5 years and publicly announced on January 1 of the first year of the period". This is a provision that creates stability for land prices. Thanks to this stability, the land price list is used to determine the financial obligations specifically prescribed in Clause 2, Article 114 of the 2013 Land Law, helping the exploitation and development of land funds to be carried out easily and scientifically, avoiding loss of State assets. The land price list is regularly updated and adjusted when the market land price fluctuates by 20% up or down compared to the land price list. The land price list is only applied to some cases instead of applying to all purposes as previously prescribed. In case the land price list has not been adjusted in time, the specific land price is determined to calculate compensation when the State reclaims land.
The provincial People's Committee decides on specific land prices at the time of determination.
price for battery
g for all cases
specifically provided in Clause 4, Article 114
Land Law 2013. Specific land prices play an important role in the implementation of specific financial obligations, and at the same time, this is an important basis for calculating land compensation when the State recovers land to create a land fund for socio-economic development in a way that best matches the actual land price. For places where there is no standard land price in border areas between provinces and cities, the construction of land prices in border areas is carried out according to the instructions of the competent authority to build the land price framework. The regulation of land prices in border areas aims to contribute to solving one of the major current shortcomings, which is that compensation prices in border areas have similar conditions but compensation land prices have large differences, leading to complicated complaints.
Land valuation consultancy
The 2013 Land Law has added regulations on land valuation agencies, the role of land price consultants in determining land prices, and hiring consultants to determine specific land prices (Articles 115 and 116 of the Land Law). At the same time, Decree 44/2014/ND-CP
The Government's Decree also specifies the conditions, contents, and roles of land price consultancy in the direction that public service units of the State, or enterprises that meet the conditions and capacity as prescribed by law, are allowed to participate in land price consultancy services. The results of land price consultancy will be an important basis for the Provincial People's Committee to decide on land prices. When people or State agencies are not satisfied with the land prices, they can hire an independent land price consultancy organization. As an independent organization in land valuation, this organization will advise people and State agencies on land prices. These are practical regulations, meeting the needs of people while ensuring the rights of land users, the rights of the State, investors, and ensuring social stability; in line with the process of industrialization and modernization of the country. Obviously, regulations on finance and land prices are tools for the state to effectively manage land funds to serve socio-economic development.
2.1.5. Regulations on supervision, inspection, settlement of disputes, complaints, denunciations and handling of violations of land laws in land fund management for socio-economic development
Supervision, inspection, settlement of disputes, complaints, denunciations and handling of land violations will be tools for the state to manage all activities of land fund creation and development to serve socio-economic development in our country today.
Regulations on supervision, inspection, settlement of disputes, complaints, denunciations and handling of violations of land law are stipulated in Chapter XIII of the 2013 Land Law and Chapter IX of Decree 43/2014/ND-CP dated May 15, 2014 on handling of violations of land law.
The 2013 Land Law stipulates in the direction of strengthening the monitoring, supervision and evaluation of the National Assembly, People's Councils at all levels, the Vietnam Fatherland Front, its member organizations and the People on land management and use.
Article 199 stipulates citizens' supervision of land management and use. Citizens have the right to report violations in land management and use to competent authorities by themselves or through representative organizations. The Law also specifically stipulates the content and form of citizens' supervision, the responsibilities of representative organizations of citizens, and the responsibilities of the State.
Responsibilities of competent state agencies when receiving opinions from citizens and representative organizations.
The Law also stipulates a monitoring and evaluation system for land management and use to evaluate the implementation of land laws, the effectiveness of land management and use, and the impact of land policies and laws on the economy, society and environment nationwide and in localities (Article 200).
Innovation in regulations on dispute resolution authority towards
Land disputes where the parties do not have a Certificate or documents
According to regulations, the parties may submit a request for dispute resolution to the People's Committee of competent authority or file a lawsuit at the People's Court of competent jurisdiction according to the provisions of the law on civil proceedings (Article 203).
Regarding the settlement of complaints and lawsuits about land, Article 204 of the 2013 Land Law stipulates:
Land users, people with rights and obligations related to land use have the right to complain and sue administrative decisions or administrative acts on land management.
The order and procedures for handling complaints about administrative decisions and administrative acts on land shall comply with the provisions of the law on complaints. The order and procedures for handling complaints about administrative decisions and administrative acts on land shall comply with the provisions of the law on administrative proceedings.
In addition, the 2013 Land Law also stipulates the responsibility of the head in detecting, preventing and handling violations of the law on land management and use (Article 208); stipulates the handling of responsibilities of the person performing the task.
performing public duties violating land laws and heads of agencies and organizations allowing violations of land laws to occur (Article 207).
2.2. Current status of implementation of legal regulations on land fund management for socio-economic development in Vietnam
2.2.1. Implement legal regulations on planning and land use plans
2.2.1.1. Achievements
The land use planning to 2020 and the national 5-year land use plan (2011-2015) were approved by the National Assembly in Resolution No. 17/2011/QH13. The results of the implementation of the land use planning and plan according to Resolution No. 17/2011/QH13 of the National Assembly. Specifically as follows:
For provincial level: Land use planning to 2020 has been approved for 63/63 provinces and centrally-run cities.
At the district level: 352 district-level administrative units have had their land use planning and plans approved by the Provincial People's Committee (accounting for 49.93%); 330 district-level administrative units are implementing land use planning and plans (accounting for 46.81%); the remaining 23 district-level administrative units have not yet implemented land use planning and plans (accounting for 3.26%).
For commune level: 6,516 commune-level administrative units have had their land use planning and plans approved by competent authorities (accounting for 58.41%); 2,907 commune-level administrative units are implementing land use planning and plans (accounting for 26.06%); the remaining 1,733 commune-level administrative units have not yet implemented land use planning and plans (accounting for 15.53%).
Regarding the adjustment of land use planning to 2020 and the final land use planning (2016-2020): The adjustment of land use planning to 2020 and the final 5-year land use planning (2016-2020) at the national level have been implemented according to the direction of the Prime Minister in Directive No. 08/CT-TTg dated May 20, 2015.