Pressure Lies with How to Ensure Land Law’s Feasibility: Minister
|Minister of Natural Resources and Environment Tran Hong Ha. Photo: Vietnam Times|
Minister of Natural Resources and Environment Tran Hong Ha, head of the compiling agency of the draft revised Land Law, granted an interview with Vietnam Times.
- How has the Ministry of Natural Resources prepared for the collection of feedback on the revised Land Law draft?
- Minister Tran Hong Ha: The feedback collection is an important political and legal event aiming to promote people’s right to self-mastery as well as their intelligence and enthusiasm in making laws and decisions on the country’s major matters. It also realizes the role and responsibility in people’s land ownership as enshrined in the 2013 Constitution and mentioned in the Party’s resolutions.
There is not much time left as the feedback collection will begin on January 3, 2023, and the Government has quickly prepared for the event, ensuring that it will be conducted in an intensive, extensive, scientific, serious, pragmatic, objective, and effective manner. Public opinions will be collected fully, seriously, and accurately to complete the document.
Firstly, the Government has proposed the National Assembly Standing Committee consider and issue a resolution to assign specific tasks to agencies and organizations in the political system to implement the work.
Secondly, the Government has devised a plan for feedback collection, with specific tasks given to ministries, agencies, People’s Committees of cities and provinces, and the Vietnam Chamber of Commerce and Industry to ensure that the work is done effectively and substantively.
The Government has also asked the Ministry of Foreign Affairs to coordinate with the Vietnam Fatherland Front Central Committee to collect the opinions of overseas Vietnamese. The Ministry of Information and Communications was assigned to instruct press agencies at both central and grassroots levels to outline their own communication plans with suitable forms during the feedback collection.
Thirdly, the Government has rapidly acquired opinions raised by National Assembly deputies at the legislature’s 4th session to complete a dossier for the draft law and submit it to the National Assembly Standing Committee for consideration before sending it to relevant agencies for public feedback collection.
Fourthly, the Government has identified content for feedback collection, targeting farmers, businesses, cooperatives, household businesses, economic organizations, State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, experts and scientists.
- According to the proposal you signed and sent to the National Assembly Standing Committee, does the feedback collection focus on people’s legal rights and interests that are of public concern? What are the highlights of the feedback collection as selected by the Ministry of Natural Resources and Environment?
- Minister Tran Hong Ha: With the aim of ensuring people from all walks of life at home and overseas Vietnamese access, study and contribute opinions on the draft revised Land Law, the feedback collection will focus on the entire content of the bill, as well as major policies and issues relating to people’s legitimate rights and interests.
The compiling agency proposed collecting ideas on 10 groups of issues: land planning and land use plans; land reclamation and compensation and resettlement; land allocation, land lease and change of land use purpose; financial policies and mechanisms and land prices; land registration, certification and administrative procedures, and land data and information; rights and obligations of land users; land fund development; land management and use mechanisms; decentralization, supervision and control of power; and households using land.
We also proposed focusing on the matters of different groups such as enterprises, cooperatives, household businesses, economic organizations, state agencies at both central and local levels; political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations; experts and scientists to mobilize ideas on relevant issues.
- The compiling agency and people may have different concerns as their mindset and knowledge are not the same. Does the factor affect the selection of contents for the feedback collection?
- Minister Tran Hong Ha: As I said above, with the aim of promoting wisdom, the compiling agency proposed in-depth contents, collecting opinions suitable for different groups, for example:
For Vietnamese people at home and abroad, the feedback collection will focus on issues of public concern, such as cases of land acquisition in service of socio-economic development; procedures of land recovery, certification of land use rights and ownership of houses and other land-attached assets; regulations on compensation and resettlement; the extension of the quota for the transfer of agricultural land use rights of households and individuals; the expansion of the recipients of the right to use land for rice cultivation; authority to settle land disputes; and land policies towards ethnic minorities.
For enterprises, cooperatives, household businesses and economic organizations, opinions will be collected on cases of land lease with one-off payment as allowed by the State and land lease with annual payment; compensation and support after the State recovers land; auctions of land use rights and bidding for projects using land; the use of land for the implementation of investment projects through agreements on land use rights; permission to transfer and mortgage the lease right in land lease contracts with annual payment; and principles of land price determination, land price list, and specific land prices, among others.
For political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations, the feedback collection will be concentrated on issues such as land users, households using land, supervision of master plans and land use plans; land policies towards ethnic minorities; and compensation and support after the State recovers land.
For experts and scientists, the issues include adjustment scope, planning and land use plan, the permission to transfer or mortgage the lease right in land lease contracts with annual payment; multi-purpose land use regime, and land for underground and aerial construction.
- In a recent working session, National Assembly Chairman Vuong Dinh Hue expressed his concern that the feedback collection might not be as effective as expected. How has the Ministry of Natural Resources and Environment handled this?
- Minister Tran Hong Ha: To ensure the effectiveness of the feedback collection, mobilise knowledge and enthusiasm of the public, and understand their aspirations for law adjustments, the work must be done in a democratic, scientific, open, transparent and pragmatic fashion. To that end, there are several things that need to be kept in mind:
Firstly, each agency, sector and socio-political organization, especially leaders of all-level Party Committees and local authorities, will be assigned with specific tasks to implement the work pragmatically and effectively, matching the reality of localities as well as their practice and custom.
Secondly, the feedback collection will take place in various suitable forms such as written comments, conferences, workshops and seminars; through portals of the National Assembly, the Government, the Ministry of Natural Resources and Environment and press agencies; and sociological investigations of policies included in the draft law and their impacts.
Thirdly, to receive a widespread response from the public, the Vietnam Fatherland Front at all levels and socio-political organizations will strengthen mobilization; the compiling agency, the Ministry of Information and Communications, and press agencies will focus on communication activities among people from all walks of life. Rapporteurs, communication workers and prestigious people will be mobilized for these efforts, encouraging people to carry forward their right to mastery, knowledge and enthusiasm.
Fourthly, the Government will set up working groups to monitor and push ahead with the feedback collection on the draft Land Law (amended).
Fifthly, opinions must be fully, accurately and objectively collected. The Government will be responsible for studying, acquiring and explaining seriously the opinions to complete the draft law.
- The public had expressed a positive view on previous feedback collections on major issues and big national events. However, some experts have noted their concern over the feedback collection on the draft revised Land Law given the unclear feedback mechanism, how do you think about this?
- Minister Tran Hong Ha: We will roll out monitoring mechanisms of the Vietnam Fatherland Front and National Assembly agencies; along with the Government's working groups as I mentioned above and the involvement of press agencies.
Regarding the concern about how comments will be acquired or responded to, the National Assembly Standing Committee has assigned the Government to summarize and report feedback collection results, and revise the draft law. The report will be submitted to the National Assembly Standing Committee and the National Assembly at the 5th session together with the draft law’s dossier.
- In fact, the amendment of the Land Law is a particularly influential event because it affects most people. As head of the compiling agency, what is your biggest pressure?
- Minister Tran Hong Ha: This is a very important law as it affects all aspects of the socio-economic life of the country, people and businesses. National Assembly Chairman Vuong Dinh Hue said the amendment of the Land Law should be the center of the legislative work this term. The success of the draft law reflects the capacity for law-making, institutionalizing guidelines and policies of the Party, and addressing problems of the National Assembly, the Government, and relevant organizations and agencies.
Therefore, my pressure is how to ensure the feasibility of the law, settle problems, utilize land resources for development, forecast policies; and reform and ensure the stability of the legal system at the same time because the land has historical identities.
It is a must to ensure harmony between land users, investors and the State. People's rights and interests must be guaranteed, but mechanisms are also needed to help enterprises access land in order to attract more investments, boost economic and infrastructure development, and create jobs and added values, thus benefiting the entire society.
- On the occasion of the Lunar New Year, would you please tell us what you expect from socio-economic changes after the draft revised Land Law is promulgated?
- Minister Tran Hong Ha: On the occasion of the Lunar New Year, I wish each citizen and family a happy, healthy and prosperous year.
We hope that each citizen and business will spend time studying the draft law and contributing opinions so that the draft revised Land Law, once it is issued, will achieve the set goals, reflecting the reality, meeting the aspirations of the public, creating a new impetus for national development and benefiting all people.
-Thank you very much!
Experts Contribute to Draft Revised Law on Domestic Violence Control
Vietnam is studying and consulting the development of a bill on gender transformation and another on the revision of the Domestic Violence Prevention and Control ...
NA Passes Revised Anti-money Laundering Law, Thrift Practice Resolution
The National Assembly (NA) adopted the revised Law on Money Laundering Prevention and Control and a resolution on promoting the implementation of policies and law ...
Government’s December Law-making Session Opens
The Government’s monthly law-making session opened in Hanoi on December 26, under the chair of Prime Minister Pham Minh Chinh.