Land allocation and lease according to the Land Law 2013

It is necessary to develop and amend the land lease regulations in Article 56 of the 2013 Land Law to regulate individuals leasing land to build public works and public units that are not financially autonomous and use land other than to build public works.

Clearly stipulate that for cases where land was allocated before July 1, 2014, there was a notice of payment of land use fees, but up to now, the land user has not paid the land use fees, and for cases where land was allocated before July 1, 2014, but there was no notice of payment of land use fees, it must now be transferred to land lease, the time to determine land price to calculate land lease fees.

Adjust the provisions at Point c, Clause 4, Article 174 of the 2013 Land Law to ensure the rights and interests of enterprises that sublease land from authorized organizations.The State allocates land with land use fee collection, leases land with one-time land rental fee collectionfor the entire rental period .

Second, perfecting regulations on land pricing , the current land price framework only regulates 3 land groups, thus there is a "balance" between land prices specialized for commercial and service purposes and land prices for normal production and business purposes. Therefore, the land price framework should regulate land prices according to the purpose of use.

It is necessary to review and adjust regulations on measures and plans for implementing the issuance of land price lists of localities such as: land price lists are built based on land prices of each value area in the land price frame; specific regulations on the use of land price consultancy, conditions, and content of land price consultancy activities: "Land price consultancy organizations are allowed to perform services at the request of State agencies when building land price frames, land price lists, and determining specific land prices".

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More clearly define cases of applying valuation methods to determine land prices at locations; clearly define contents and requirements in survey and collection.

Collect information on market land prices; directly price each land location, do not apply location coefficient.

Third , perfecting regulations on sanctions for violations against officials and competent agencies that commit violations in land management, land allocation and land leasing activities. Currently, specifically for those who violate land laws when performing official duties in the land sector, Article 207 of the 2013 Land Law stipulates that those who violate land laws when performing official duties shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution in accordance with the provisions of law for specific violations and specified in Article 96 of Decree No. 43/2014/ND-CP. However, the assessment of the nature and severity of violations is still general, requiring clearer, more specific and more detailed regulations.

Fourth , perfect and unify a number of regulations related to land allocation and land lease in the Land Law and guiding decrees. Currently, for current regulations on procedures in accordance with legal regulations. In the case of land allocation and land lease, it is necessary to review, study and apply regulations to ensure effective and specific land management activities. It is necessary to separate land management and capital management at enterprises, clearly stipulate cases and subjects that must pay, do not have to pay, are exempted from, or have their land use fees reduced.

3.3. Solutions to improve the effectiveness of law enforcement on land allocation and land lease

In order to improve the effectiveness of land allocation and leasing activities in general and the effectiveness of applying legal regulations on land allocation and leasing in particular, it is necessary to implement the following measures:

* Perfecting the organizational structure and enhancing the responsibility and capacity of specialized staff performing land allocation and leasing activities.

In the state management of land allocation and land lease, the work of organization

It is absolutely necessary to improve the organizational structure and enhance the responsibility and capacity of specialized staff to perform functions and tasks in the work. In order to perform functions and tasks well, it is necessary to improve the issues of personnel work in the following aspects:

Firstly , for cadres and civil servants, in addition to the requirement of choosing the right major, it is necessary to identify the basic major and additional majors to have a reasonable recruitment rate to diversify the expertise and recruitment sources, in which priority is given to cadres with specialized training and basic expertise to meet the requirements of management work, ensuring the effectiveness of land allocation and land leasing activities. Continue to improve the training program, foster knowledge and skills for cadres to develop the capacity of the above cadres.

Second , it is necessary to complete the synchronous mechanism of staff arrangement and use, build a specific mechanism for staff and civil servants in the general use process to encourage high-quality and flexible personnel to meet the requirements of work in this field. Study the method of organizing the staff apparatus on the basis of increasing the authority, direct and full responsibility of the Ministers in building the staff team to ensure consistency in political orientation for policies on the authority of State agencies in the field of land allocation and land lease. Ensure flexibility and predictability for policies.

Third , build a reasonable salary payment mechanism, preferential working regimes to create motivation to work, attract and use talented and virtuous people in state management work through socializing policy making, organizing bidding for projects and issuing legal documents. Have a direction to train cadres and notaries with the capacity to manage the state on land allocation and land lease to meet the requirements, especially at the district and commune levels. Thereby, implementing unified state management at both the central and local levels in the field of land allocation and land lease, promoting the overall strength of the whole system.

* Strengthen inspection and supervision of the implementation of laws on land allocation and land lease.

For the process of inspecting and supervising land allocation and land leasing, there must be a legal basis to assess the qualifications of agencies, cadres, civil servants and competent forces. There must be a plan to train and improve the professional qualifications of these forces. At the same time, strictly handle cases where subjects implementing the law on land allocation and land leasing abuse their authority to make illegal profits. Regularly inspect the implementation of the law on land allocation and land leasing according to the provisions of the 2013 Land Law. In addition, strengthen the review, amendment, supplementation and completion of land law policies towards stability; inherit regulations that have been put into practice; study and remove inappropriate regulations, regulations that are far from reality, limit unnecessary administrative procedural regulations, reduce inconvenience for businesses but still ensure strict and effective environmental management.

Environmental inspection, examination and control activities must be carried out with focus and key points, thoroughly resolving hot and urgent issues and contents regarding land allocation and land lease, thereby updating new regulations on land, guiding localities and enterprises to complete records and procedures on land allocation and land lease, and strictly handling violations of land allocation and land lease. In addition, in order for the control of land allocation and land lease to be effective and truly an effective and indispensable tool in state management of land, in addition to perfecting legal regulations, creating a necessary legal corridor for proactive and flexible inspection and examination activities, there must be a mechanism to screen the team of officials doing inspection and examination work who are dedicated, qualified, clean, brave, and knowledgeable about the law to apply and handle specific situations well in the work of controlling land activities.

* Other solutions

Firstly , continue to improve land law regulations in general and land allocation and leasing in particular. Focus on and implement guidance on unified application of laws. Continue to review, develop and improve land law policies, specify, adjust and supplement land policies in accordance with local conditions and new documents.

Second , ensure transparency in land allocation and leasing. Lack of information is one of the reasons why the real estate market is not transparent and unsustainable. Therefore, to improve the effectiveness of land valuation, it is necessary to make information on the land and real estate market transparent. To do so, it is necessary to carry out activities such as: completing initial land registration and fully registering land changes; completing the work of building and announcing real estate market assessment indexes in provinces and cities; must publicly announce approved land use plans so that people know, monitor, inspect and implement; need to improve the quality of operations of real estate trading floors and real estate market support services; It is necessary to enhance the professionalism and operation of land valuation and price consulting services and to expand the scope of land allocation that must be through auctions and bidding for land use rights when the State allocates land to organizations and individuals with land use needs...

Third , continue to improve regulations on land valuation such as regulations on land price framework, land prices in border areas between provinces and centrally run cities; scope of application for land price lists issued by localities; land valuation methods, scope of application for specific land valuation, especially land prices in cases of transfer from land allocation to land lease.

Fourth , strengthen the propaganda and dissemination of land law education for those who are allocated land, leased land, as well as for competent officials performing land allocation and lease work, especially in the work of land management.

Land registration helps the state management of land to be better and better, contributing to limiting violations in land allocation and leasing. At the same time, regularly improve the professional qualifications of officials doing this work.

At the national level, agencies and ministries involved in land management need to strengthen propaganda and help people understand the State's policies and laws on land through the mass media. At the local level, People's Committees at all levels need to seriously implement the grassroots democracy regulations in mobilizing people's participation in the process of planning and socio-economic development plans in general, sectoral development plans and plans, urban development plans and especially land use plans and plans.

Fifth , focus on reforming administrative procedures. Standardize administrative procedures on land, continue to simplify administrative procedures to ensure speed, compactness, and compliance with the law. Build and perfect land management in the direction of modernization based on the application of modern technology and advanced management models. Promoting the application of technology is one of the main strategic breakthroughs for development. Provide 40-50% of online public services at level 3,4 for all administrative procedures in the field of natural resources and environment.

Sixth , arrange budget for natural resources and environment to ensure the implementation of professional tasks and investment in facilities to meet the requirements of the assigned tasks.

In order to achieve good results in the implementation of legal regulations on land, land allocation and land lease in our country, strictly complying with the law, based on theory and practice, the author has developed a number of solutions. The most basic solution is to perfect the law on land allocation and land lease, strengthen the leadership and promote the capacity of the subjects in the process of law enforcement. Some other important solutions are strengthening the work of guiding and explaining the law, strengthening the work of inspection and supervision during the implementation process, coordinating activities.

The activities of agencies responsible for law enforcement and propaganda and dissemination to subjects about land law as well as regulations on land allocation and land lease in this field. Hopefully, the above solutions will contribute to overcoming the limitations in land allocation and land lease in our country at the present stage.

CONCLUDE

Land is one of the areas that our State is interested in perfecting the law and organizing implementation, in which it has focused on decentralization to local authorities to represent land ownership and management. Along with promoting decentralization of management to localities, controlling the implementation of land law is an urgent requirement, and has become a principle of organization and operation of the state apparatus in Vietnam in managing and organizing the implementation of land law. This has been stipulated in the 2013 Constitution as a principle of organization of the state apparatus, concretized in the 2013 Land Law and legal documents related to the organization and operation of state agencies, political organizations, socio-political organizations, and the rights and obligations of citizens.

In the current process of economic integration and development, the legal system in general and land law in particular are of great significance and play a very important role. The completion of the legal system and land law needs to be carried out and supplemented promptly. In order to do this well, the coordination between competent authorities and relevant agencies cannot be overlooked, especially the competent authorities in charge of land allocation and land lease.

Through the practical application of land law, the birth and coming into effect of the 2013 land law is an important turning point, marking the progress of state agencies in land management, especially the provision of a chapter on land allocation and land lease. However, in the process of implementing these regulations, certain difficulties and shortcomings have also arisen. It is necessary to study and summarize in order to have a more complete orientation for the 2013 land law in general and the regulations on land allocation and land lease in particular in the coming time.

Researching the topic " Land allocation and lease according to the 2013 Land Law " is necessary. Through the topic, it helps to better understand the regulations on land allocation,

Land allocation and lease according to the Land Law 2013 - 10

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