Resolution No. 82/2019/QH14 further improving of the implementation of laws on urban land management and use

RESOLUTION

On further improving, and raising the effect and effectiveness of the implementation of, policies and laws on urban land planning, management and use^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 87/2015/QH13 on Oversight Activities of the National Assembly and People’s Councils,

Pursuant to the National Assembly’s Resolution No. 59/2018/QH14 of June 12, 2018, on the National Assembly’s 2019 oversight program, and Resolution No. 61/2018/QH14 of June 15, 2018, on forming a delegation to oversee the implementation of policies and laws on urban land planning, management and use from the effective date of the 2013 Land Law to the end of 2018;

In consideration of the National Assembly oversight delegation’s Report No. 28/BC-DGS of May 20, 2019, on oversight results of the implementation of policies and laws on urban land planning, management and use from the effective date of the 2013 Land Law to the end of 2018, and opinions of the National Assembly deputies;

RESOLVES:

Article 1.Evaluation of implementation results

The National Assembly agrees with the National Assembly oversight delegation’s Report No. 28/BC-DGS of May 20, 2019, on oversight results of the implementation of policies and laws on urban land planning, management and use from the effective date of the 2013 Land Law to the end of 2018, with the results as well as shortcomings and limitations and main causes thereof listed below:

The policies and laws on urban land planning, management and use have been promulgated in a relatively synchronous and timely manner and in various fields, fundamentally concretized the Party’s guidelines, well suited the national development and international practice, and laid an important legal foundation for urban land planning, management and use. The implementation of policies and laws has recorded positive improvements and the effectiveness of urban land management and use has gradually increased, thus contributing to reducing losses, negative phenomena and wastes. Land use master plans and plans and urban master plans have helped better exploit land potential for socio-economic development, national defense and security and environmental protection. The determination of administrative boundaries, survey, and making of cadastral maps have basically been completed. Land allocation, land lease, and change of land use purposes have been on the right track. Land-related financial policies and land prices have seen numerous changes and land revenues have made significant contributions to the state budget. Land recovery, compensation, support and resettlement policies have become stricter and better guaranteed the interests of persons whose land is recovered, thus creating a consensus among the people. Improvements have been recognized in the compliance with urban master plans and the land law. Due attention has been paid to the inspection and examination work and handling of violations of the regulations on urban planning and land management and use. All-level administrations have paid attention to the settlement of land-related complaints and denunciations and handled complicated complaints involving lots of people, and such complaints and denunciations have seen reduction in number year by year. Spacious and modern urban systems have been formed with dramatically changed urban appearance, and improved infrastructure and people’s life, thus promoting the development of socio-economic activities. Social welfare policies have been implemented synchronously with urban development policies. Localities have paid greater attention to the allocation of land areas to building social houses to meet low-income earners’ demands.

Apart from positive results, there remain shortcomings and limitations in urban land planning, management and use. Policies and laws on these issues still contain irrational, overlapping and inconsistent provisions. The approval of adjusted land use master plans through 2020 and the 2016-2020 land use plans at the provincial level remains slow in a number of localities. Urban master plans have revealed poor quality, lacked synchronicity and long-term visions and failed to keep pace with socio-economic development and urbanization rate, resulting in various adjustments of master plans; in some cases adjustments were made arbitrarily and only for investors’ interests, thus exerting negative effects on the environment, landscapes, architecture, technical and social infrastructure and lawful benefits of residential communities. In some cases, land allocation and land lease by the method of bidding of projects involving land use or auction of land use rights have failed to comply with the prescribed process and law, and the appointment of investors and change of land use purposes remained illegal. Land levy revenues have remained unstable as not a few projects have seen slow fulfillment of land-related financial obligations. The application of methods to determine specific land prices has revealed limitations that cause losses to state budget revenues. The use of land areas as payments to investors in the form of build-transfer has not been clearly prescribed, causing limitations in the implementation and loss of public assets. Land recovery, compensation, support and resettlement for a number of projects remain slow while justice and rationality have not been ensured here and there, thus affecting lawful rights and life of persons whose land is recovered. Land fund development organizations and land development funds have failed to exert their roles. The lax management of land use for national defense purpose and the lack of coordination among local administrations have led to illegal encroachment and occupancy or construction of works and houses or land use for improper purposes. Limitations have been seen in tourism projects for religious and spiritual purposes and the management of land areas of equitized enterprises. The relocation of head offices of ministries, sectors, education and training institutions, hospitals and polluting industrial and production establishments out of large urban centers remained slow while the transfer of post-relocation land areas to localities has not been effectively carried out. A number of localities have failed to allocate residential land areas for building social houses of commercial housing development projects and urban development investment projects under regulations. The building of information systems and databases on land and urban development has failed to meet requirements. The publicity and transparency of information on urban land planning, management and use have revealed shortcomings, particularly information on land allocation, land lease and change of land use purposes. Many organizations and individuals have failed to comply with law, committed violations related to delay in putting land into use, or construction in contravention of construction master plans or permits. Land-related complaints, denunciations and disputes remain complicated with prolonged lawsuits involving lots of people. The handling of violations in urban land planning, management and use remained slow and not strict enough in some cases. The inspection, audit and supervision and urging of the implementation of inspection and audit conclusions have been carried out irregularly with a number of contents not dealt with thoroughly.

The above shortcomings and limitations may be attributed to various causes but mainly subjective ones. Visions, forecast and assessment of impacts of policies have revealed shortcomings. The observance of laws remained poor with many wrongdoings seen, resulting in the reduced effect and effectiveness of state management of land and urban centers. Urban planning management tools have been approved and promulgated at a slow pace. A segment of cadres and civil servants engaged in urban land and planning management possess poor moral qualities and have abused their positions and powers for their own profits. There remain lax management and irresolute application of remedial measures, thus reducing the strictness of laws.

Article 2.Major tasks and solutions

1. For the National Assembly:

a/ To amend and supplement the 2013 Land Law and laws concerning urban land planning, management and use to remove current obstacles and handle existing shortcomings and contradictions with the aim of ensuring the synchronicity of the system of land, urban planning and construction laws.

b/ To increase oversight of urban land planning, management and use by the National Assembly, National Assembly Standing Committee, National Assembly agencies, National Assembly deputies’ delegations and National Assembly deputies so as to detect, and propose the handling of, limitations, shortcomings and violations.

2. For the Government:

a/ To review and evaluate the implementation of the 2013 Land Law and laws concerning urban planning, management and use and submit them to the National Assembly for amendment and supplementation. To amend and supplement the decrees regulating land and urban planning; to direct ministries and sectors to review, amend and supplement relevant circulars with obstacles and shortcomings.

b/ To clearly and specifically prescribe land use regimes for multi-purpose  construction works with residence function such as condotels, officetels and shophouses. To add provisions on urban underground and air space planning, management and use; to direct local authorities to study and carry out underground space master plans in localities.

To review the situation of, and study and promulgate mechanisms and policies for, management and strict handling of Vietnamese people who use their names to purchase houses, acquire land use rights or rent land for foreigners in contravention of law.

c/ To promulgate a decree allowing the use of public assets to make payment to investors that implement build-transfer projects. To clearly define the scope of application of build-transfer projects and study the scheme on auction of land use rights to directly pay infrastructure works invested in the form of build-transfer.

d/ The Prime Minister shall consider and approve adjusted land use master plans through 2020 and 2016-2020 land use plans of Da Nang city and Hai Duong, Quang Nam, Ben Tre and Ca Mau provinces based on results of the formulation and appraisal conducted before January 1, 2019.

The Government shall organize the formulation of the national land use master plan for the 2021-2030 period and national land use plan during 2021-2025 in accordance with the planning law and land law and submit them to the National Assembly for consideration and decision at the first session of the XV^thNational Assembly.

dd/ To settle issues related to administrative boundaries on which localities still have divergent opinions according to its competence or submit them to competent authorities for settlement. To develop and complete the land information system and cadastral records and apply modern, concentrated, unified and multi-purpose models in urban development. To request localities to reserve their budget estimates for developing the system of urban land and development databases, especially databases on land master plans and prices and the system of modern cadastral records; to help localities with limited budget funds complete the system of land databases. To complete and operate urban land databases in the national land database before 2030, or before 2025, for large cities and central urban areas.

e/ To strictly direct land allocation and land lease for the implementation of socio-economic development projects through the auction of land use rights and the bidding of land-using projects; to clearly identify cases in which the auction of land use rights or the bidding of land-using projects is not organized. To take measures to prevent the illegal transfer of land use rights and illegal change of land use purpose. To closely control and ensure publicity and transparency in land recovery, compensation, support and resettlement to guarantee lawful interests as well as production activities and life of persons whose land is recovered. To bring into play the role of land fund development organizations and land development funds in compensation payment and ground clearance and the management, exploitation and creation of land areas. To rationally allocate local budgets and mobilize other lawful funding sources for land development funds; to consolidate and build the capacity of land fund development organizations. All localities should allocate land funds for construction of social houses to meet low-income earners’ demands.

g/ To review and adopt measures to remove obstacles and seek resources to speed up the relocation of head offices of ministries, sectors, education and training institutions, hospitals, and industrial and production establishments out of urban centers under the approved schemes; to transfer post-relocation land areas to localities for management and use under the law on management and use of public assets to build public works in accordance with master plans and prioritize the construction of parks, greeneries, parking lots and culture and sports facilities.

h/ To change financial policies on land and land prices to be more effective and sustainable. To study and propose mechanisms for strictly controlling and preventing land speculation via tax policies under which people who use more land areas or houses, or abandoned, allocated or leased land but delay putting them into use shall be subject to higher tax rates.

To develop land price frames suitable to market prices. To improve the methods of determining land prices to ensure objectivity and transparency and be suitable to market prices; land prices shall be exactly and fully calculated with added values from factors of advantages, including advantages in terms of geographical position, planning, change of land use purpose, and infrastructure investment. To solve problems concerning mechanisms for determining land rent rates in case of land lease with one-off rental payment for the entire lease period to match market prices while avoiding losses of the state budget. To reduce cases of land lease with one-off rental payment for the entire lease period for shifting to the form of land lease with annual rental payment to ensure stable revenues from land. To study mechanisms under which land pricing advisory agencies are independent from land price appraisal agencies. To guide localities in reviewing and handling cases of late fulfillment of land-related financial obligations prescribed by law.

i/ To early review and amend technical regulations on urban construction and planning. To approve regulations on management of urban planning and architecture to be conformable with the planning and architecture laws, serving as a basis for management of urban planning and implementation of construction investment projects. To direct localities to synchronously formulate urban master plans, and promptly formulate detailed master plans under regulations; to review, evaluate and put forth solutions for detailed master plans which are adjusted in contravention of regulations; to formulate investment plans and make synchronous investment in technical and social infrastructure systems and development of houses, commercial and service facilities and other facilities according to the approved master plans; not to license the construction of high-rise works in urban centers that are contrary to the approved master plans and cause overload to technical and social infrastructure in project areas; to review land use master plans and plans that see late implementation, and adopt resolute handling measures to guarantee land users’ interests and land use efficiency. To request localities to strictly review and publicize violation-involving projects on their websites; to resolutely recover land for projects that failed to put land into use, were implemented behind schedule, have their investment policies revoked, used land for improper purposes or violated the laws on land, urban planning, construction, and environment protection.

k/ To handle according to its competence or propose to the National Assembly the mechanism for settling difficulties and problems in management and use of land for national defense purpose for military production and economic activities on the principles of prioritizing the use of land for national defense purpose for development of military foundations. To handle violations in the management and use of land for the national defense purpose.

l/ To review master plans on land used for tourism projects serving religious and spiritual purposes in accordance with law and on the principles of practicing thrift, avoiding the waste of land resources and ensuring the harmony of socio-economic efficiency and people’s religious and spiritual factors.

m/ To ensure that the inclusion of the value of land use rights in the value of an equitized enterprise complies with the land law. An equitized enterprise must abide by the approved land use plan of the equitization plan. The change of land use purposes and the reorganization and handling of houses and land of equitized enterprises must comply with master plans and follow the prescribed conditions, order and procedures. To resolutely recover land in cases of violations in accordance with law.

n/ To increase information and ensure the publicity and transparency of and easy access to information on urban land planning, management and use. To post dossiers of request for adjustment of urban master plans on competent appraisal agencies’ websites for public comment before appraisal or approval. The agency formulating a master plan shall publicize opinions and the assimilation and explanation of such opinions. To conduct communication to raise organizations’ and citizens’ sense of observance of land and urban planning laws. To encourage and create favorable conditions for organizations, individuals and socio-professional organizations to take part in social criticism for the implementation of policies and laws on land planning, management and use.

o/ To intensify, and increase the professional qualifications and capacity of, the apparatus of land and urban management; to bring into play the role and responsibilities of heads of authorities and sectors in land resources management and inspection of urban land management and use. To accelerate the reform of land-related administrative procedures in association with a program on building a modern administration applying information technology in urban management. To complete the order and procedures for settlement of land-related administrative disputes.

p/ To enhance the effect and effectiveness of the inspection and supervision of land planning, management and use. To prevent and promptly and strictly handle violations of the land and urban planning laws. To strictly handle heads of all authorities and sectors for violations in urban land management and use, affecting the State’s interests and lawful rights and benefits of land users. To direct the Government Inspectorate to conduct inspection of projects and works that show signs of violation of the law on urban planning, management and use; to direct the Ministry of Public Security to speed up the investigation of cases involving urban land management and use.

q/ To direct ministries, sectors and localities to remedy violations in land and urban planning, clearly identify responsibilities of organizations and individuals for violations and take specific handling measures; to strictly control the change of land use purpose for urban development to ensure effectiveness, thrift and synchronicity between the land law and the law on urban planning as well as guarantee the interests of persons whose land is recovered; to promptly settle citizens’ complaints and denunciations related to land and urban planning to reduce the number of prolonged lawsuits, provoking discontent among the public.

3. For the State Audit Office of Vietnam:

To intensify audits of contents pertaining to urban land planning, management and use upon the formulation of the annual audit program.

4. For the Supreme People’s Court and Supreme People’s Procuracy:

To prosecute and promptly and bring to trial all offenses related to urban land planning, management and use.

Article 3.Organization of implementation

1. The Government, the Prime Minister, ministries, ministerial-level agencies, government-attached agencies, the State Audit Office of Vietnam, the Supreme People’s Court, the Supreme People’s Procuracy, and provincial-level People’s Committees shall, within the ambit of their tasks and powers, direct the organization and inspection of the implementation of this Resolution. The Government shall report the implementation results of this Resolution to the National Assembly at the 10^thsession (October 2020).

2. The National Assembly Standing Committee, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils at all levels and the Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

This Resolution was passed on June 14, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 7^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN