Land Management And Use In The 2024 Law On Land
FROM THE RESOLUTION OF THE FIFTH CONFERENCE OF THE CENTRAL COMMITTEE ON “CONTINUING TO INNOVATE, IMPROVE INSTITUTIONS, POLICIES, AND ENHANCE THE EFFICIENCY AND EFFECTIVENESS OF LAND MANAGEMENT AND USE” TO THE 2024 LAW ON LAND
Nguyễn Thế Phúc
Department of Political Theory, University of Science, Hue University
Hà Lê Dũng
Division of Philosophy and State Management, Department of Political Theory, University of Science, Hue University
Abstract:
On June 16, 2022, the Central Committee of the Party issued the Resolution of the Fifth Conference of the 13th Central Committee on “Continuing to innovate, improve institutions, policies, and enhance the efficiency and effectiveness of land management and use, creating motivation for our country to become a developed, high-income country.”
Since the implementation of the national renovation in 1986 to date, Vietnam has amended and supplemented the Law on Land 9 times. In the 2024 amendment and supplementation of the Law on Land, there are significant new points that have been summarized from the implementation along with the guiding viewpoints of the 18-NQ/TW Central Resolution of the Fifth Conference of the 13th Central Committee.
Keywords: Resolution, innovation, management, land, law.
I. INTRODUCTION
The issue of land and land ownership is a matter of both theoretical and practical significance in Vietnam. Since the inception of the Communist Party of Vietnam to lead the Vietnamese revolution in achieving national independence, land issues have become the strategic goal and direction of the Party, occupying a central position in the revolutionary path. The Brief Political Program and Brief Strategy at the founding of the Party (1930) asserted: “Seize all imperialist land and make it public property, distributed to poor peasants”[2]. This viewpoint became the revolutionary goal and motivation in the national liberation cause.
After the reunification of the country, the 1980 Constitution, Article 19, stipulated that “land is owned by the state, belonging to the entire people”[4]. The 1992 Constitution, Article 18, further specified: “(1) The state manages all land according to planning and law, ensuring proper and effective use; (2) The state allocates land to organizations and individuals for long-term stable use; (3) organizations and individuals are responsible for protecting, enriching, rationally exploiting, and economically using the land, and they are allowed to transfer land use rights allocated by the state according to legal regulations”[4].
Based on the achievements in both theory and practice over more than 20 years, the 2013 Constitution, Article 53, further specified: “Land belongs to the entire people, with the State acting as the owner and unified manager”[4]. Based on the general provisions of the Constitution, the State developed and promulgated the 2013 Law on Land for application in Vietnam. During the implementation and enforcement process, we have achieved theoretical advancements and increased public awareness, resolved many historical issues, and brought about valuable results, contributing to socio-economic development.
To make land management increasingly effective, the Central Committee of the Communist Party of Vietnam promptly issued Resolution No. 18-NQ/TW on “Continuing to innovate, improve institutions, policies, and enhance the efficiency and effectiveness of land management and use, creating motivation for our country to become a developed, high-income country”[1]. Based on this, the National Assembly has incorporated amendments and supplements into the 2024 Law on Land.
II. RESEARCH METHODOLOGY
To study the content of this article, we utilized the dialectical materialism and historical materialism methodology. In addition, we employed various research methods such as document analysis, comparison, contrast, analysis, synthesis, social surveys, fieldwork, and the approach of the theory of socio-economic formations.
Using the dialectical materialism and historical materialism methodology helps clarify the objective nature of the unified and inseparable development of nature and society, especially regarding land and land ownership. Land is seen as a necessary material condition for the means of production in societal development. However, the utilization of this material condition depends on human abilities and their social relationships.
Approaching from the theory of socio-economic formations clarifies the evolution and perfection of land ownership, from possession to private ownership and human ownership of land. This process reflects social progress and the development of institutions in a class-based society. Regarding land issues, originating from historical private ownership regimes is an objective necessity, determining societal development in specific historical periods. From this approach, land is identified as an available labor object in nature that humans exploit, a process that evaluates the progress in human cognition and development within society.
Besides the dialectical materialism and historical materialism methodology and the approach from the theory of socio-economic formations, we used other methods such as analysis, synthesis, and statistics to clarify the Party’s viewpoints and the state’s legal policies on land and land ownership. This comparison and contrast allow us to identify the advantages, limitations, and inadequacies of the practical application of the land laws in Vietnam in different historical periods. Based on this, we propose solutions to improve the land laws and effectively implement them in contemporary Vietnam.
III. RESEARCH RESULTS AND DISCUSSION
- Content of the viewpoints of Resolution No. 18-NQ/TW
1.1. Evaluation of the situation
The resolution correctly assessed the socio-economic development situation of the country over more than 35 years of renovation, nearly 10 years of implementing the 2013 Constitution and the 2013 Law on Land, especially after almost 10 years of implementing Resolution No. 19-NQ/TW of the 11th Central Committee.
Achievements such as: creating a legal framework for rational and efficient land management and use; ensuring national defense, security, and the environment; creating equality among land users; gradually improving the real estate market, and financial policies in the land sector, were achieved. However, the achievements have not met the expectations of the people, many limitations and inadequacies still exist, such as: the land use planning system is ineffective and does not meet the requirements of sustainable development; the real estate market and financial market still have many inadequacies; the capacity of state management of land does not meet the requirements.
1.2. Guiding viewpoints
Resolution No. 18-NQ/TW presented guiding viewpoints, including five basic contents as follows:
First, to unify the consistent and principled viewpoint that “Land belongs to the entire people, with the State acting as the owner and unified manager.”
Second, affirming that “land use rights are a type of special asset and goods but not ownership rights; land use rights, and assets attached to land are protected by law.”
Third, institutions and policies on land must be synchronized and suitable for the institution of developing a socialist-oriented market economy.
Fourth, enhancing the efficiency and effectiveness of state management of land.
Fifth, strengthening the leadership of the Party, promoting the role of the Vietnam Fatherland Front, political-social organizations, and the people in the construction, implementation, and supervision of the implementation of land policies and laws.
1.3. Tasks and solutions for implementation
To successfully achieve the set goals and directions, the Central Committee has focused on the consistent and effective implementation of the following solutions:
First, unify awareness among cadres, party members, and the people regarding the management and use of land in the socialist-oriented market economy.
Second, improve institutions and policies for the management and use of land in synchronization with the institution of developing the socialist-oriented market economy.
Third, promote administrative reform, digital transformation, and enhance the capacity of state management of land.
Fourth, innovate and strengthen inspection, examination, supervision, and violation handling; resolve disputes, complaints, and denunciations related to land; tighten discipline, combat corruption and negative phenomena.
Fifth, focus on fundamentally resolving long-standing limitations, weaknesses, and problems related to land management and use.
Sixth, strengthen the leadership of the Party, promote the role of the Vietnam Fatherland Front, political-social organizations, and the people in land management and use.
- New points in the 2024 Law on Land
2.1. Basis for the formulation of the 2024 Law on Land
The basis for the formulation of the 2024 Law on Land includes political grounds such as: the Resolution of the 13th Party Congress, Resolution No. 18-NQ/TW, and other Party resolutions and conclusions on land management and use. Practical grounds include: the summary results of the 8-year implementation of the 2013 Law on Land; existing historical and complex issues related to land; the lack of consistency and synchronization in the related legal system; and new practical issues that have arisen but are not yet addressed by the law.
2.2. Structure of the 2024 Law on Land
The structure of the 2024 Law on Land consists of 16 chapters with 260 articles. Compared to the 2013 Law on Land, it increases by 2 chapters, adds a chapter on land fund development, separates the chapter on Land Recovery, Land Requisition, and the chapter on Compensation, Support, and Resettlement when the State recovers land. Out of the 260 articles, compared to the 2013 Law on Land, 180 articles have been amended and supplemented; 78 new articles have been added; and 30 articles have been removed (13 articles were merged, 13 articles were removed, and 4 articles were separated).
2.3. New important points
At the 5th extraordinary session of the 15th National Assembly, the 2024 Law on Land was approved. Compared to the 2013 Law on Land, the 2024 Law on Land includes many new points. From a management science perspective, based on guiding viewpoints and references to legal provisions, we find six prominent new points as follows:
First, new regulations on land planning and land use planning.
This new point emphasizes “Innovating processes, content, and methods of land planning and land use planning, enhancing transparency. National planning as well as land use planning and sectoral planning involving land use must ensure suitability, consistency, synchronization, and closely connected mutual promotion for development. People’s opinions must be collected in the land use planning process… Decentralize localities in determining planning targets so localities can proactively develop socio-economic strategies.” This is considered an advancement in both theoretical and practical thinking compared to the 2013 Law on Land, which has revealed inadequacies in land management and use over the past decade.
Second, new regulations on land recovery, compensation, and resettlement support have been supplemented and updated.
The 2024 Law on Land stipulates 31 cases where the state recovers land for socio-economic development in the national and public interest. Compared to the 2013 Law on Land, this law specifies the procedures for land recovery for socio-economic development in the national and public interest with many new points, ensuring democracy, objectivity, fairness, transparency, timeliness, and compliance with legal regulations.
This new point reflects the spirit and essence of the law, serving the common interests of the community and promoting sustainable development. This aligns with the guiding spirit of Resolution 18 of the 13th Central Committee of the Communist Party. Additionally, the 2024 Law on Land clarifies project groups where the State recovers land for socio-economic development in the national and public interest, including public works, state agency headquarters, non-business works, and other specific criteria-based cases.
Third, new regulations on land allocation, land lease, and land use conversion.
The law stipulates that land allocation, land lease, and land use conversion must go through auction, bidding, and decentralization. The law specifically regulates cases where land is allocated through or without auction or bidding, specifying cases where land is leased with one-time payment for the entire lease period in accordance with the spirit of Central Resolution No. 18.
Decentralization specifies conditions and authority for land use conversion, delegating the authority to the People’s Council to approve the conversion of rice-growing land, protection forest land, special-use forest land, and natural forest production land. These new points provide a favorable legal framework for households and individuals to convert land use from agricultural land to residential land, and from non-agricultural land to residential land.
Fourth, regulations on decentralization and delegation of authority.
The 2024 Law on Land clearly defines regulations on decentralization and delegation of authority, emphasizing the promotion of decentralization and delegation in representing the ownership of the entire people over land, with unified management aimed at enhancing local responsibility and strict central inspection, supervision, and control. The law reduces intermediaries and administrative levels, aligning with administrative reform to reduce inconvenience and negative phenomena. The law specifies decentralization in land use conversion, specific land price decisions, land recovery, and reducing intermediaries in land allocation and land lease at economic zones, high-tech zones, and airports. The focus is on administrative procedure reform, simplifying and making administrative procedures transparent to facilitate the public’s ease of implementation.
Fifth, special regulations on land allocation for ethnic minorities.
This new point includes four important contents such as: policies to ensure community living space; allocation and lease of land to ethnic minorities lacking residential and production land; regulations on the responsibilities of state agencies in developing and implementing land support policies for ethnic minorities; resources to implement the policies; ensuring land fund for the implementation of land policies for ethnic minorities; and regulations limiting some land use rights for cases of land allocation, land lease, and land use conversion under land support policies for ethnic minorities. This new point reflects the practical reality of Vietnam’s cultural diversity, customs, traditions, which are emphasized and ensured by law.
Sixth, regarding basic surveys.
The 2024 Law on Land stipulates regulations on basic land surveys, assessing land potential, and building a unified centralized land database. This new point is the inheritance of theoretical and practical achievements obtained through 10 years of implementing the 2013 Law on Land, the guiding viewpoints of the Party, and practical summaries by various levels in land management and use, especially contributions from experts, scientists, and the public.
IV. CONCLUSION
Based on the Party’s foundations, particularly Resolution No. 18-NQ/TW, and over 10 years of practical implementation of the 2013 Law on Land, we have made amendments to promulgate the 2024 Law on Land with many important new points. These amendments meet the aspirations of the people and serve the cause of socio-economic development.
This achievement demonstrates the correctness of the state’s legal policies and their alignment with the people’s aspirations. This alignment ensures that the law integrates smoothly into life and practice in a practical and effective manner, fostering sustainable development in contemporary Vietnam.
References:
- The Communist Party of Vietnam (2022). Resolution No. 18-NQ/TW, dated June 16, 2022, The Fifth Conference of the 13th Central Committee on continuing to innovate, improve institutions, policies, and enhance the efficiency and effectiveness of land management and use, creating motivation for our country to become a developed, high-income country, Hanoi.
- The Communist Party of Vietnam (1998). Complete Party Documents, National Political Publishing House, Hanoi, vol. 2.
- Trần Văn Hà (2024). Comparison of the 2013 – 2024 Law on Land and legal documents guiding land, Information and Communications Publishing House, Hanoi.
- The National Assembly of the Socialist Republic of Vietnam (2013). Constitution of the Socialist Republic of Vietnam, National Political Publishing House, Hanoi.
- The National Assembly of the Socialist Republic of Vietnam (2002). The Constitutions of Vietnam in 1946, 1959, 1980, 1992, and the Resolution on Amendments and Supplements to some Articles of the 1992 Constitution, National Political Publishing House, Hanoi.
- The National Assembly of the Socialist Republic of Vietnam (2024). The Law on Land, National Political Publishing House, Hanoi.
- The National Assembly of the Socialist Republic of Vietnam (2013). The Law on Land, National Political Publishing House, Hanoi.
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