Resolution 18-NQ/TW 2022 continuing to innovate and complete institutions and policies in management and use of land

RESOLUTION

Of the fifth plenum of the 13^th CPV Central Committee on “continuing to innovate and complete institutions and policies to strengthen the efficiency and effectiveness in management and use of land, serving as the driving force in developing our country into a high-income economy” 

I- CONTEXT

After nearly 10 years of implementing Resolution No. 19-NQ/TW of the 11^th Party Central Committee, land policies and laws have had many innovations, and 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 master plans and plans have been implemented in the direction of an integrated, interdisciplinary approach and become an important tool for the State to unify the management, allocation and use of land. Land resources are exploited and used more effectively for socio-economic development, ensuring requirements on national defense, security and environmental protection; contributing to solving social problems and 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 recovery, as well as the life and livelihood of people whose land is recovered are better cared for and guaranteed. The rights and obligations of organizations, households and individuals using land are guaranteed and upheld, especially upon agricultural land use.

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 deep-lying or remote areas, areas with difficult socio-economic conditions. Land-related policies on social housing have achieved a number of important results. The land price frames and tables have been built in accordance with law provisions, 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 land policies and laws, settlement of disputes, complaints, claims and violations of land laws; many cases of corruption, violations of land policies and laws 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 grant of certificates of land use rights and ownership of houses and other land-attached assets 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 limitations 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 documents. In some cases, land policies and laws have not kept up with the rapidly-changing real context.

The system of land use master plans and plans, and other master plans using land does not ensure comprehensiveness, unity and synchronization. The planning does not ensure high quality and long-term vision as well as requirements on sustainable development. The land allocation and lease still have many shortcomings and violations in some localities. The settlement of residential and productive land for ethnic minorities is still slow and ineffective, and has not met the set objectives and requirements in some localities. The compensation, support, residential resettlement and land recovery in some localities are implemented slowly and not in accordance with the Resolution and legal regulations, which affects the rights, lives and livelihoods of people whose land is recovered, and causes loss of state budget. There is no effective mechanism and no decisive action to handle projects that are behind schedule or do not put land into use.

The real estate market, including the land use right market, has not developed stably, transparently and sustainably with many potential risks; the market for agricultural land use rights develops slowly. Administrative reform in land management still remains slow and has not met practical requirements. It is still difficult for enterprises, especially small and medium-sized 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 enterprises.

Financial policies in the land sector have not really encouraged economical, efficient and sustainable land use; waste and violations of land laws 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. The situation of price differences of land near or at the border of localities has not been radically eliminated. There have not yet been sanctions to handle violations in land price determination and land-use right auction activities.

State management capacity in land administration has not yet been satisfactory. The land database and information system have not yet been completed. Disputes, complaints, denunciations and violations of land laws are still complicated; the number of land-related complaints and denunciation letters tends to increase. Many cases are handled and resolved slowly, causing 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.

The main causes of the above limitations and problems include: 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 the entire-people ownership of land represented and uniformly managed by the State; The awareness of land policies and laws is sometimes or somewhere incorrect and incomplete; The awareness of compliance with land laws among several public officers and people is still restricted; Land is traceable, and of diverse, complicated and sensitive origin;

Land policies and laws still have many limitations, inadequacies, overlaps, and lack of consistency, causing adverse impacts on the efficiency in land administration and creating loopholes allowing a number of individuals and organizations to perform corrupt practices and acts of profiteering, which causes loss and waste of state assets.

Several tasks already mentioned in the Resolution have not been duly implemented. Land policies and laws are not strictly observed. The management hierarchy and decentralization of authority towards land management and use are not reasonable and not aligned with inspection, supervision and control activities; there are vague responsibilities among 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. The resolution of disputes, complaints and denunciations involving land is, sometimes or somewhere, not timely, not definitive and not in accordance with law provisions; 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 the entire-people ownership represented and uniformly managed by the State.  The State exercises the rights of the owner through deciding on land-use planning schemes and plans; land recovery, land allocation, land lease, recognition of land use rights, permission to change land use purposes and land use term; deciding on land prices; and policies on regulating the value-added portion of land that is not created by land users. The State can recover land to use for defense and security purposes; socio-economic development for the national and public interests in accordance with law provisions, ensuring the equality, public access, transparency, and the increased sense of accountability. Land management and use must ensure the common interests of the entire people; People are facilitated to access and use land in a fair, open, effective and sustainable manner.

The State uniformly manages land according to national territory in terms of area, quality, economic value, culture, society, defense, security, and environment; There must be a reasonable assignment of duties among state agencies at the central level, and appropriate and effective management hierarchy and decentralization of authority to localities while the inspection, supervision, control, and handling of violations must be strongly enhanced.

2. Land use right is classified as a special type of asset and commodity, but not ownership right; the right to use land and land-attached assets is protected by law. Land users have the rights and obligations to use land as prescribed by law provisions. The State shall not recognize the reclaiming of land that has been assigned by the State to other land users in the course of implementing land policies and laws; 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. Institutions and policies on land must be completed synchronously and in accordance with the institutions for development of the socialist-oriented market economy. There are appropriate policies for each type of land users and land use 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. To improve efficiency and effectiveness in state management of land. To modernize land administration and public services related to land. To reinforce and perfect the land management apparatus to ensure that it is streamlined, effective, efficient, centralized, consistent and unified. To 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. To duly resolve the inadequacies and problems that are unresolved issues or arise from new practical requirements in land management and use.

5. To strengthen 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 laws on land.

III- OBJECTIVES

1. General objectives

To complete institutions and policies on land management and use with the aim of ensuring that they are consistent and in accordance with the 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; meet the requirements of promoting industrialization, modernization, fairness and social stability; guarantee national defense and security; ensure environmental protection and adaptation to climate change; 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:

To complete amendments to the 2013 Land Law and a number of related laws by 2023, ensuring uniformity and consistency. To build a complete digital database and national land information system that is centralized, unified, synchronous, multi-purpose and interconnected. To consolidate the organization of the state land management apparatus to ensure streamlining, effectiveness, efficiency, synchronization and unity; to eliminate intermediaries, promote appropriate management hierarchy and decentralization of authority with mechanisms for inspection, supervision and control of authority. To fundamentally resolve existing 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; land formed from sea reclamation activities; religious land; cemetery land; multipurpose land; residential land and production land for ethnic minorities.

By 2030:

In essence, the land legal system must be completed synchronously and consistently, and in accordance with the institutions for development of the socialist-oriented market economy. To control and put an end to the situation of wasteful land use, fallow land, pollution, degradation, and issues or problems arising in management and use of land left from the past.

IV. TASKS AND SOLUTIONS

1. To unify awareness among public officers, Party members and people on land management and use in the socialist-oriented market economy

Party committees, party organizations, governmental authorities, Vietnam Fatherland Front and socio-political organizations must strengthen dissemination and education programs in order for public officers, Party members and people to gain the appropriate and full knowledge about land under the entire-people ownership represented and uniformly managed by the State, especially those on the rights and obligations of the State as the representative of the owner according to the provisions of the Constitution and law; rights and obligations of organizations, households and individuals assigned land use rights 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. To complete institutions and policies on land management and use, ensuring that they are consistent and in line with the institutions for development of the socialist-oriented market economy

To attach great importance to amending, supplementing, and perfecting the 2013 Land Law and other relevant legal documents, ensuring consistency, unity, and adaptation to new development requirements, specifically as follows:

2.1. To innovate and improve the value of land use master plans and plans

National master plans, land use master plans and specialized master plans involving the use of land must be suitable, unified, synchronous, closely connected for mutual support for development purposes. Land use master plans 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; ensure maintenance of national defense and security; meet the requirements on environmental protection and adaptation to climate change. Each land-use master plan 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. To clearly and strictly regulate the approval and promulgation of annual land-use plans. The State must provide sufficient resources needed for formulation of land-use master plans and specialized ones involving the use of land.

2.2. To complete regulations on land allocation, land lease, and change of land use purpose

To allocate and lease land mainly by auctioning land use rights and soliciting bids for implementation of projects using land. To impose detailed regulations on auction of land use rights, bidding for projects using land; to restrict and strictly regulate the cases of land allocation or lease without land use right auction or bidding for projects using land; to 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 bidding for projects using land.

To basically implement the form of land lease with annual rental payment and specifically regulate cases of full one-off rental payment according to land characteristics and use purposes, 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 headquarters of religious organizations. Religious organizations that use land for other purposes must pay land rental into the State budget in accordance with law provisions. To prescribe conditions for land allocation, lease and land-use limits for religious organizations, depending on the existing unoccupied land available for local use.

To enhance the management and strict control of change of land use purposes, especially paddy land; land for protection forests; land for special-use forests; land for production forests which are natural forests; land of state enterprises completing the divestment and equitization process; and multi-purpose land; to strengthen the management hierarchy and decentralization of authority together with inspection, supervision and increased administrative reform in the change of land use purposes.

2.3. To complete regulations on compensation, support, residential resettlement, and land recovery for defense and security purposes; socio-economic development in the national or public interests

Land recovery must comply with the Constitution and laws; shall only be implemented after the compensation, support and residential resettlement plan is approved. If residential resettlement is required after land recovery, 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, persons whose land is recovered and investors in accordance with the Constitution and laws; specific regulations on compensation, support and residential resettlement must be adopted so that, after completed land recovery, persons whose land is appropriated must have their residence and living standard equal to or better than those at the previous residence. To effectively provide vocational training courses, create jobs, reorganize production and stabilize the life of persons whose land is recovered. To 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.

To adopt more detailed regulations on authority, purposes and scope of land recovery, specific conditions and criteria for the State land recovery for the purpose of socio-economic development in the national and public interests.  To continue to implement the mechanism for voluntary negotiation between people and enterprises involved in the transfer of rights to use land for development of urban and commercial housing projects. To design the complete organizational structure, apparatus, machinery, operating regime and financial mechanism of land development organizations, ensuring streamlining, effective operations, and sufficient capacity to create, manage, and exploit land areas, and duly performing the tasks of compensation, support and resettlement in case of the State land recovery.

To adopt specific regulations on the effective use of available land adjacent to infrastructure facilities according to land use master plans and plans, and on preferential treatment granted to persons whose residential land has been recovered when they wish to receive allocated land or buy houses built on the land plots subject to extended land recovery under the law provisions. For socio-economic development projects to be developed according to land use planning master plans and plans, it is necessary to soon develop and perfect 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.

To prescribe the mechanism for contribution of land use rights and land resizing for urban and rural residential area development and refurbishment projects. There are specific and synchronous sanctions to handle cases where land has been allocated or leased by the State but is not used or is not used during the permitted time limit. To resolutely recover land from organizations, state agencies, and non-business units that use land for improper purposes, especially land located at places where there are a lot of potential benefits, and prevent loss of state capital and public assets.

2.4. To complete land price determination mechanisms

To abolish land price frames, develop mechanisms and methods to determine land prices according to market principles, and stipulate the functions, tasks and responsibilities of agencies responsible for determining land prices. The central government develops criteria and procedures for inspection and supervision of localities in building land price tables. Provincial-level People's Councils decide on, inspect and supervise the implementation of land prices. There are effective mechanisms to improve the quality of land price determination, ensuring the independence of land price appraisal councils, the capacity of organizations with the function of consultancy on land price determination, and the capacity and ethics of member valuators. To supplement and complete regulations to ensure publicity and transparency such as: Publicizing land prices, forcing transactions through trading floors, payment through banks without using cash; strictly handling violations, etc.

2.5. To complete financial mechanism and policies on land

Financial policies on land must achieve harmony between the interests of the State, land users and investors; to adopt a reasonable and effective regulation mechanism for revenue from land use levy and land rental between the central and local government; to research and develop policies to control land rent disparities, ensuring public access and transparency. To review policies and laws on agricultural and non-agricultural land use taxes, develop policies and laws on land use taxes according to international practices, keeping up with the level of development and conforming to specific conditions and appropriate roadmap. To 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. To adopt tax incentives, incentives for land use levy and land rental 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 master plans take effect in order to ensure national food security, protect all kinds of forests, especially protection forests and special-use forests, etc.

2.6. To complete law provisions related to real estate market, including land use right market

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

2.7. To complete mechanisms and policies on management and use of agricultural land

To 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 change of occupation, employment and labor in rural areas. To create favorable conditions for agricultural land users to change the purpose of land for crop and livestock production, and improve the efficiency in agricultural land use according to the stated master plans. To strengthen soil quality management, and mitigate soil degradation and deterioration.

To develop regulations on banks’ lease of agricultural land. To develop appropriate mechanisms and policies and take charge of recovery 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 on the basis of local and regional conditions. To 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. To formulate law provisions on management and use of mixed-use land

To 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 for national defense, security in combination with production and economic development activities. To supplement regulations on land for the combined purposes of residence, trading and provision of services; land for the combined purposes of agricultural production, trading and provision of service; land for development of spiritual tourism projects. To adopt regulations on land use regimes for construction of aerial, underground facilities and land formed from sea reclamation activities.

3. To boost up administrative reform, digital transformation and strengthen state management capacity on land

To boost up transformation in the field of land management and use; to distribute reasonable resources to build and complete the national land information system and database on schedule; to ensure centralized and unified management, operation, connection and sharing of information from the central to local level. To 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.

To consolidate 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; to promote the application of modern technology during the land management process. To boost establishment of the management hierarchy and decentralization of authority over the exercise of the right to represent the entire-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; to reduce focal points, intermediaries, speed up administrative reform, and hold back acts of annoyance and misconduct. To continue improving the capacity of public service providers in the land sector. To 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. 

To concentrate investment resources on land resource investigation and assessment; land statistics and inventory; land use monitoring; to protect, improve and restore land quality in order to strictly manage the quantity and quality of land to serve the formulation of land use master plans and planning and serve as a basis for sustainable land use.

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

To innovate 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; to settle disputes, complaints and denunciations related to land; to strengthen the prevention and control of corruption and misconduct acts in land management and use. To strengthen control over power, regularly examine, supervise, inspect and audit the management and use of land, and promptly handle violations of land laws; to tighten rules, disciplines, intensify prevention and control of corruption and misconduct acts in the land sector. To 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. To focus on radically resolving long-lasting issues and problems related to management and use of land

To concentrate 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; to 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 master plans and plans; land recovered from the equitization or divestment of capital of state enterprises; land for multiple uses; issue decisions to allocate residential and production land for ethnic minorities according to land use master plans and plans; to resolve issues and problems arising in use and management of land left from the past.

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

To innovate the forms, contents of and speed up the promulgation, communication and education of land law, raise awareness of and sense of responsibility for compliance with land law among public officers, Party members, people and enterprises. Local Party committees, organizations and authorities at all levels, especially the heads thereof, must concentrate on leading and directing the formulation and implementation of policies and laws on land, and must bear responsibility if they fail to prevent organizations and individuals under their management from violating law provisions, profiteering, or causing loss or wasteful use of land.

To strengthen the supervisory role of the National Assembly, People's Councils, Vietnam Fatherland Front, socio-political organizations at all levels and the people; to promptly detect and report problems, inadequacies, and violations in the implementation of land policies and laws for timely and effective handling.

V- ORGANIZATION OF IMPLEMENTATION

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

2. Provincial and municipal-level CPV Committees; CPV Designated Representations and CPV Committees directly under the Central Government shall assume the responsibilities for researching, studying, grasping, developing programs and plans, and organizing the implementation of the Resolution.

3. The Government’s CPV Designated Representation shall assume the responsibilities for, and closely coordinate 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 land laws, strictly handle violations of land laws; 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 enhance social supervision, encourage all classes of people to actively observe regulations on supervision of and get involved in supervising the implementation of the Resolution, policies and laws on land.

6. The Central Economic Commission shall assume the prime responsibility for, and cooperate with central CPV Committees and Designated Representations in, regularly monitoring, supervising, inspecting, encouraging, conducting preliminary and final review of, and sending the Political Bureau and the Secretariat periodic reports on results of the implementation of the Resolution.

On behalf of the CPV Central Committee
The General Secretary
NGUYEN PHU TRONG