Vietnamese People Residing Abroad Have Full Land Use Rights
The 15th National Assembly (NA) started its fifth extraordinary meeting at the NA building in Hanoi on January 15, in the presence of Party General Secretary Nguyen Phu Trong, State President Vo Van Thuong, Prime Minister Pham Minh Chinh, NA Chairman Vuong Dinh Hue, and many Party, State, NA officials and former leaders.
At this extraordinary meeting, NA deputies looked into and adopted the draft revised land law which has 16 chapters and 260 articles, with the removal of five articles, and amendment to 250 articles in the law presented at the sixth session.
|An overview of the fifth extraordinary session of the 15th National Assembly.
In particular, regarding the rights and obligations of land use of Vietnamese people residing abroad, the amendments to the provisions in the draft law towards Vietnamese people residing abroad with Vietnamese nationality including Vietnamese citizens have full rights related to land (not just rights to residential land) like Vietnamese citizens residing in the country (domestic individuals); the same policy as current law for people of Vietnamese origin residing abroad, to contribute to promoting investment and attracting remittances from Vietnamese citizens residing abroad into the country.
Chairman of the NA Economic Committee Vu Hong Thanh said that the provisions in the draft law have been reviewed to ensure consistency with the Nationality Law. In case a person of Vietnamese origin conducts real estate business activities or is an investor implementing a housing project, the determination of the entity with the right to implement the project shall be by the provisions of the Law on Real Estate Business and the Housing Law.
The draft also maintains the provisions of the 2013 Land Law on economic organizations with foreign investment capital and Vietnamese people residing abroad receiving transfer of land use rights in industrial parks, industrial clusters, and high technology zones (Article 28), for other areas, economic organizations with foreign investment capital can access land through the form of land allocation or land lease by the State.
The draft law also has regulations on cases of land recovery for projects that have been approved by the NA and the PM, and the investment policy has been decided according to the provisions in Clause 31, Article 79. Thus, there is an opportunity for the draft to resolve problems in foreign-invested economic organizations implementing projects using land that has been approved and decided on investment policies by competent authorities.
According to the report presented by Chairman of the NA's Economic Committee Vu Hong Thanh at the meeting, based on careful research and discussion of the opinions of NA delegates and agencies, the NA Standing Committee and the Government have agreed on policy options on the reported contents, asking for a focused discussion of the NA at the 6th session.
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