VietNamNet Bridge – Party General Secretary Nguyen Phu Trong
has signed the Resolution 19-NQ/TW on continuing renovation of land policies in
a bid to create background for Viet Nam to become a basically modern-oriented
industrial country by 2020.
The following is the full text of
the resolution for reference:
I – SITUATION AND REASONS
After 10-year implementation of
the Resolution approved at the 7 th plenary meeting of the 9 th Party Central
Committee on continuing renovation of land policies in the time of boosting
modernization and industrialization, numerous achievements have been obtained,
contributing to effective exploitation and promotion of land resources to serve
socio-economic development, ensure national defense and security, social
stability, food security and environmental protection etc. The effectiveness of
State management over land has gradually enhanced; land policies have been
increasingly improved; rights of land users have been expanded and secured by
the State; real estate market, including land use right has been shaping and
developing quickly. Such achievements prove that the guiding viewpoints and
orientations for land policies enshrined in the Resolution of the 7 th meeting
of the 9 th Party Central Committee are basically right and relevant to the
country’s realities and socio-economic development plight.
However, State management over
land still remains limited, particularly in land use planning, land pricing,
compensation, site clearance, assistance for resettlement, administrative
procedures. The interests of the State and individuals whose land is recovered
have not been safeguarded effectively; land resources have not been fully
tapped to become a key inner force for socio-economic development; land has
been used wastefully and ineffectively in many places; corruption and
wrongdoings in this field are rampant; the real estate market has not been
developing stably and unhealthily, “underground” transactions are widespread;
complaints and denunciations concerning land disputes have been complicated.
The main reasons for the above
shortcomings are due to the fact that land has various sources; land policies
changed over (development) stages; the current land-related policies still
contain unclear and inappropriate contents; institutionalization has been
carried out slowly and uncomprehensively. Land policies and relevant
regulations have not been strictly observed. Dissemination and education on
land policies have not been effective; land management transparency has not
been well done. The sense of observing land policies of a number of cadres and
citizens has proved limited. Inspection, examination, supervision and
settlement of violations have not been seriously carried out.
The effectiveness of settling
complaints and denunciations is low. Organizational structure and capacity of
land management cadres and relevant bodies have proved limited; a number of
cadres have abused their power to get illegal profits and harass for bribes.
II- GUIDING VIEWPOINTS
- Land belongs to the entire
people with the State as the representative owner. Land use right is a special
asset and commodity but it is not the ownership right. Land use right is
stipulated in accordance with each type of land, each object and form of land
lease and allocation. The State exercises ownership right through deciding land
use planning and land use plans; permitting conversion of land use purpose and
deciding land use duration; determining land prices; deciding the policy for
regulating the increased value of land not accruing from investment by land
user; granting land use right and recovering land for national defense and
security purposes, national and public interests and socio-economic development
projects in accordance to legal regulations.
- Land user that the State
allocates, sublease land and recognizes land use right for stable and long-term
basis or a term shall have the right to exchange, assign, lease, sublease,
inherit, mortage, and contribute capital using land use right and shall be paid
compensation when the State recovers land on the basis of land types and land
use source in accordance with legal regulations. Land user shall have to
register land use right, use the land for the correct purpose, comply with
planning schemes, return land when the State issues land recovery decisions,
observe land law.
The State shall not recognize any
claim to land which was allocated to other users during the implementation
process of the land policies. The State shall not adjust agricultural land
which was allocated to households and individuals but the State shall have
proper policies to make sure that agricultural land is used effectively by
people who directly engage in agricultural production.
- Land shall be allocated
properly, used for correct purpose and economically to ensure both short and
long-term interests, environmental protection and meet requirements for
sustainable development, improve the quality of and protect agricultural land, and
secure national food security.
- Land policies must contribute
to stabilizing politics and society, meet requirements for socio-economic
development, national security and defense, international integration; mobilize
all resources for national development; harmonize the interests of the State,
land users and investors for healthy development and speculation prevention.
Effectively use pricing and tax tools in land management to fight wastefulness,
corruption and complaints and denunciations.
- Effectiveness of State
management over land shall be improved; administrative reform shall be sped up,
transparency in land management shall be ensured. Land services shall be
diversified. Modern land management system shall be developed, giving priority
to the development of modern land database and infrastructure system.
- The Party’s leadership and
State management over land shall be enhanced, the role of the Viet Nam
Fatherland Front, mass organizations and the entire people in implementing land
policies shall be upheld. Synchronous land management at central level shall be
ensured while land management shall be decentralized to local level, sanctions
shall be adopted to strictly deal with violations of land policies. Order in
land management and use shall be resolutely restored.
III - ORIENTATIONS FOR CONTINUED
RENOVATION AND IMPROVEMENT OF LAND POLICIES
In the time to come, in order to
meet the requirement for comprehensively accelerating the renewal process on
the basis of inheriting orientations for land policies stipulated in the
Resolution of the 7 th plenary meeting of the 9 th Party Central Committee, it
is necessary to continue renovating and perfecting land policies with the
following specific contents:
1-Land use planning
The State shall renovate and
improve the connectivity and consistence between land use planning, land use
plans and construction planning, sectoral planning using land towards proper
and balanced land use planning, in order to ensure effective land use among
sectors, regions and administrative units. Construction planning and sectoral
planning using land shall be in line with targets and progress of land use
decided in land planning and land use plans.
The State shall renew annual land
use plans towards reflecting the demand for land use of investment projects of
sectors, making them the basis for the State to recover, allocate or lease
land, converse land use purpose, and develop financial policies in relation to
land. Uniform inspection and supervision from the central to the grass-roots
level over the implementation of land planning and land use plans shall be
enhanced. The conversion of use purpose of land for rice cultivation,
protective forest land, and specialized use forest land shall be tightly
controlled. Acts of breaching proclaimed land use planning shall be strictly
punished.
Mechanisms and policies shall be
introduced to lure investments in infrastructure, industrial and service, and
tourism development being consistent with socio-economic infrastructure to
exploit land potentials in midland, mountainous and coastal areas, and mitigate
the use of land for rice cultivation only.
Production facilities and
non-business units having large workforce shall be removed away from urban
areas, particularly in big cities for effective land exploitation and use in
accordance with legal regulations and for reduction of environmental pollution
and traffic congestion.
2- Land allocation and lease
Objects of land allocation shall
be reduced and objects of land rent shall be expanded. Land allocation and
lease to implement socio-economic development projects shall be carried out
mainly through auction of land use right, tendering for projects which use
land.
The State shall continue to
allocate land, lease agricultural land to households and individuals on a term
basis, towards longer duration of land allocation or lease in order to
encourage farmers to identify themselves with their land and set their mind at
rest when they invest in production. At the same time, the State shall expand
the limits to agricultural land use right transfer in accordance with specific
conditions of each region, each development stage in order to facilitate land
accumulation and concentration, gradually shape large areas of agricultural
commodity production. Measures shall be quickly introduced to meet production
demand and create job for a number of ethnic people who dot not have land for
production.
The State shall focus on
reviewing and completely dealing with cases of land allocation to
administrative bodies, non-business units and mass organizations if the
allocated land is not used or used for incorrect purpose or illegally used.
Auction of land use right shall be implemented when rearranging the State-owned
working headquarters so as to shift land use purpose to economic development.
Specific conditions for investors
to be allocated or leased land to implement socio-economic development projects
shall be introduced; at the same time, synchronous and specific sanctions shall
be designed to strictly punish and completely deal with those who are allocated
or leased land by the State but the land is used wastefully, for incorrect
purpose, for speculation or slowly put into use; compensation shall not be paid
to land, related assets and investments in land if land is recovered due to
violation of land law.
3- Recovery, compensation,
assistance, resettlement
The State shall proactively
recover land in accordance with approved annual land use plans. Clearer and
more specific regulations shall be issued to address cases when the State
recovers land for national defense and security purpose or for serving national
and public interests, and socio-economic development plans. For production and
business projects consistent to land use planning, households and individuals
using the land can assign, lease or contribute capital using land use right to
implement the projects.
Land recovery, compensation,
assistance and resettlement shall be the responsibility of People’s Committees
at all levels with the participation of the whole political system. The
capacity of entities responsible for developing land fund in order to ensure
the task of compensation for site clearance and auction of land use right shall
be consolidated and improved.
The land recovery, compensation,
assistance and resettlement when the State recovers land shall be carried out
in a democratic, transparent, objective and equal manner and in line with legal
regulations. Land user shall be paid compensation in accordance with the
current land use purpose. Fruitfully implement projects on vocational training
and job creation, re-organize production and ensure life of people whose land
is recovered. Study ways to pay compensation or provide assistance to ensure
life of those whose land is recovered.
Improve mechanisms for land fund
creation, mobilize capital resources to build residential areas with
synchronous social and technical infrastructure in order to arrange new
accommodation for those whose land is recovered before compensation and site
clearance. Residential areas shall be built in accordance with specific
conditions, manners and customs of each region.
4- Land registration and grant of
certificate
Land use right registration shall
be compulsory. The State shall protect rights and legitimate interests of
persons having registered land in accordance with legal regulations, and issue
strict sanctions to prevent unregistered land transactions.
Investments shall be enhanced in
measuring, making maps and cadastral files, developing database, reforming
administrative procedures, accelerating the process of granting certificate of
land use right, housing ownership right, and assets attached to land in order
to meet the demand of land users.
5- Rights and obligations of
organizations, families and individuals who are allocated land
Specific regulations shall be
developed to stipulate the rights of land users, conditions for investors to be
granted land use right to deploy investment projects. Land lease or capital
contribution using land use right shall be encouraged to implement investment
projects.
6- Real estate market development
Mechanisms and policies shall be
developed for healthy and sustainable development of the real estate market.
State management and regulation from the central to grass-roots levels shall be
enhanced. Urban development and real estate business projects shall be in
accordance with land use planning and market demand. Speed up housing
construction, especially social housing in order to gradually improve housing
conditions for people.
For socio-economic infrastructure
and urban renovation projects, it is necessary to make planning of the areas
around the projects so as to recover land, create land-attached resources to
invest in these projects and support those whose land is recovered, and
increase budget collection; priority shall be given to those whose land is
recovered to be allocated or buy houses built on the recovered land.
The State shall proactively
regulate the market through demand-supply relations; gradually reduce cash
transactions in real estate field; review conditions for selecting investors to
make sure that they are competent enough to deploy real estate projects.
7- Financial policies on land
The State shall proactively
regulate the real estate market through renovating financial policies on land,
especially tax policies. Mechanisms shall be developed to diversify financial
resources for land development fund, including the extraction of land fees so
as to create land fund, resettlement fund, or social housing fund.
Preferential tax policies shall
be in order to ensure equality, unity, simplicity, convenience and loss
prevention. Proper tax policies and tax rates shall be introduced in order to
nurture source of revenue and encourage people to use land sparingly and
effectively. The State shall apply progressive taxation policies on projects
that are slowly carried out or left fallow without putting the land into use in
accordance with legal regulations.
Real estate tax (applied to land,
housing and assets attached to land) shall be studied and promulgated. People
with fallow land and housing or allocated, leased land slowly put into use
shall be subjected to high tax levels.
Strictly implement the Law on
Corporate Income Tax, Law on Personal Income Tax, including income tax accruing
from the conversion of land use right, tax collection shall not be conducted on
a flat rate basis.
8- Land prices
Land prices shall be decided by
the State on the basis of land use purposes at the time of pricing and in line
with principles of the State-managed market mechanism.
The Government shall provide
regulations on price determination methods and the price framework as the foundations
for provincial-level People’s Committees to publish their specific price lists.
Additional regulations shall be made in order to flexibly adjust the price
framework and lists appropriate to each category of land, each group of land
users and each case of land lease or allocation. It is necessary to have proper
mechanisms for dealing with price differences in bordering areas of localities.
The organizational structure of
the State pricing agency shall be strengthened, the officials involved in land
price fixing and evaluation shall be qualified. Land price consultative agency
and land price evaluating agency are two independent bodies; the agency dealing
with land price-related complaints must have clear responsibilities.
It is necessary to monitor and
update land price fluctuations on the market; to gradually build up land price
database for each and every land plot; to supervise independent price fixing
agencies and organizations; and to encourage the development of independent
consultative organizations for land price.
9- Administrative reform
It is essential to accelerate
administrative reforms in land and to clearly define functions, obligations and
competence of ministries, agencies and local government in State administration
of land in order to guarantee their uniform, effective and unoverlapping land
management.
Administrative process and
procedures in respect to land should be stipulated by and devolved to local
governments at different levels in conformity with the guideline and requirements
of administrative reforms as well as specific conditions from time to time.
The authority to recover land,
allocate land, lease land, permit conversion of land use purpose, issue
certificates of land use rights, ownership of houses and other assets attached
to the land shall be reviewed and adjusted in order to secure uniform land
administration at the central level while promoting the active role of local
governments. The permission of the conversion of land use rights shall be
strictly controlled in respect of wet rice cultivation land, specialized use
forest land, and protective forest land into non-agricultural land. Provincial
and district-level authority shall be adjusted in line with requirements of
administrative reforms.
The supervision over civil
servants in charge of land management shall be enhanced; all cases of
harassments or extortions against people and businesses shall be strictly
punished.
10- Inspection and settlement of
land-related disputes, complaints and denunciations
Competent agencies must timely
and completely resolve land-related disputes, complaints and denunciations in
line with legal regulations on complaint, denunciation, administrative and
civil proceedings; and publicize the results.
The system of land inspectorates
and courts should be consolidated and strengthened; the qualifications of
judges should be improved. Due attentions should be paid to the training and
qualification of the force of inspectors, judges and officials dealing with
land disputes, complaints and denunciations. Sanctions should be reviewed,
amended and supplemented to settle all violations.
11- Improving land managing
capability
Surveys and evaluation of land
quality and potential should be accelerated to serve land management and use,
response to climate change, and sustainable development. Land policies and laws
should be disseminated in communities, especially in remote areas and the
regions of ethnic minority groups.
Investments should be prioritized
in setting up modern, open and transparent database and information
infrastructure on land and assets attached to the land in order to serve
different purposes; land e-transactions shall be gradually popularized. The
construction of a land information system shall be completed by 2020.
The organizational structure of
land management should be further perfected, its staff qualified, trained and
nurtured in order to meet requirements of State administration of land.
The organizational structure and
operational mechanism of offices of land use rights registration should be
further consolidated and upgraded to the model of public service providing
one-stop-shops run by provinces or centrally-administered cities, with branches
located in districts and densely-populated areas; this model shall be piloted
in urban areas first.
Policies and mechanisms on land
fund developing organizations should be finalized while these funds’ capability
should be enhanced, so that they can be converted into land fund development
enterprises; land services should be diversified.
IV- IMPLEMENTATION
- Party committees and Party
civil affairs committees at all echelons shall direct the dissemination and
understanding of this Resolution, promote their leadership, and create an
uniformity in awareness and actions in implementing this Resolution.
- In 2013, the Politburo shall
direct the review of the realization of Resolution 28-NQ/TW dated June 16, 2003
on further rearranging, renewing and developing State-run farms and plantations
in order to put forth scenarios for reorganizing these establishments and adopt
policies and mechanisms for effective use of forest lands to serve
socio-economic development and environment protection.
- The National Assembly’s party
committee shall guide the revision and supplementation of the Law on Land 2003;
at the same time reviewing and perfecting related laws in order to lay the
legal foundation for the implementation of this Resolution, and supervising the
implementation nationwide.
- The Government’s Party civil
affair committee shall direct the revision and supplementation of by-law
documents; guide ministries, agencies and local authorities to set up and
realize specific programs and plans on implementing the Resolution in a uniform
and effective manner. It shall regularly monitor, inspect and review the
implementation of the Resolution and timely adjust specific programs, plans and
solutions in conformity with realities.
- The Viet Nam Fatherland Front
and mass organizations shall actively encourage all walks of life to take part
in and supervise the implementation of the Resolution.
- Party’s committees at central
level, within their competence, shall assist the Party Central Committee, the
Politburo and the Secretariat to monitor and inspect the implementation of the
Resolution. The Party Central Committee Office shall coordinate with relevant
agencies in monitoring the implementation of the Resolution and periodically report
to the Politburo, the Secretariat and the Party Central Committee.
VietNamNet/VGP
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