THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 116/NQ-CP | Hanoi, December 06, 2019 |
RESOLUTION
PROMULGATING GOVERNMENT’S PLAN FOR IMPLEMENTATION OF DECISION NO. 82/2019/QH14 DATED JUNE 14, 2019 BY NATIONAL ASSEMBLY ON IMPROVEMENT OF POLICIES AND LAWS ON PLANNING, MANAGEMENT AND USE OF URBAN LAND
THE GOVERNMENT
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Resolution No. 82/2019/QH14 dated June 14, 2019 by the National Assembly on improvement of policies and laws on planning, management and use of urban land;
At the request of the Minister of Natural Resources and Environment,
HEREBY RESOLVES:
Article 1. Promulgated together with this Resolution is the plan for implementation of the Decision No. 82/2019/QH14 dated June 14, 2019 by the National Assembly on improvement of policies and laws on planning, management and use of urban land (hereinafter referred to as "the Plan”).
Article 2. This Resolution takes effect from the date on which it is signed.
Article 3. Ministers, heads of Ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant regulatory bodies, organizations and individuals shall implement this Resolution./.
| PP. THE GOVERNMENT |
PLAN
FOR IMPLEMENTATION OF DECISION NO. 82/2019/QH14 DATED JUNE 14, 2019 BY NATIONAL ASSEMBLY ON IMPROVEMENT OF POLICIES AND LAWS ON PLANNING, MANAGEMENT AND USE OF URBAN LAND
(Enclosed with the Government’s Resolution No. 116/NQ-CP dated December 06, 2019)
I. OBJECTIVES AND REQUIREMENTS
Assign key tasks and solutions to ministries, regulatory bodies and local authorities to implement the Resolution No. 82/2019/QH14 dated June 14, 2019 by the National Assembly on improvement of policies and laws on planning, management and use of urban land.
II. MAIN TASKS AND SOLUTIONS
1. Improvement of land policies and laws
a) The Ministry of Natural Resources and Environment shall take charge and cooperate with the Office of the Government, Ministry of Justice, Ministry of Finance, Ministry of National Defense, Ministry of Public Security, other relevant ministries and regulatory bodies, and People’s Committees of provinces and central-affiliated cities in:
- Submitting reports on and evaluations of implementation of the 2013 Land Law and proposals on amendment to this Law to the Government, which are to be presented to the National Assembly in the 9th session of the 14th legislature. Such amendment must resolve existing difficulties; ensure relevant laws are harmonized and regulations concerning land of other laws are consistent with the Land Law; renovate planning policies, plans for land use, land allocation, land lease, revocation of land use right and land pricing methods towards efficiency and sustainability.
- Formulating the land price bracket as appropriate to market price and submit it to the Government in October 2019. Completing land pricing methods to ensure impartiality, transparency and consistency with market price; and ensure advantages are accurately and adequately accounted for when determining land price, including advantages in terms of location, planning, change of land use purpose and infrastructure investment. Resolving difficulties inherent in mechanisms and methods for determination of specific land prices, ensuring consistency with market price and preventing loss to state budget.
- Reviewing and amending decrees and circulars providing for implementation of the Land Law to resolve difficulties during such implementation. These tasks shall be completed in the fourth quarter of 2020.
b) The Ministry of Construction shall take charge and cooperate with other relevant ministries, regulatory bodies and local authorities in:
- Reviewing and proposing amendment to the Law on Housing and other laws related to management and use of urban land according to law formulation programs of the National Assembly.
- Urgently reviewing, amending and promulgating regulations on urban planning and construction; approving regulations on management of urban planning and architecture, ensuring consistency with planning laws and architecture laws, and providing the basis for urban planning management and deployment of projects on investment in construction; reviewing and proposing amendment to decrees and circulars concerning urban construction and planning to resolve existing difficulties. These tasks shall be completed in the second quarter of 2020.
c) The Ministry of Finance shall:
- Research and propose mechanisms for strict control and elimination of land speculation via application of progressive tax policies to persons holding the rights to use large amount of land, possessing multiple houses, abandoning allocated or leased land or delaying use thereof to the Government in the fourth quarter of 2020.
- Take charge and cooperate with relevant regulatory bodies in reviewing and amending decrees and circulars related to collection of land levy and rents for land and water surface to ensure consistency with land laws and state budget laws.
d) The Ministry of National Defense shall take charge and cooperate with other relevant ministries and regulatory bodies in proposing policies on management and use of land for national defense purpose (“national defense land”) during amendment to the Land Law; take charge in formulating Government’s decrees to resolve existing difficulties in management and use of national defense land and ensure economic operations of the Army; urgently address issues regarding national defense land of military enterprises having undergone equalization or divestment, and regarding management and use of revenues from land managed by the Ministry of National Defense; and propose such decrees to the Government in the first quarter of 2020.
dd) Ministries and Governmental agencies shall cooperate with the Ministry of Natural Resources and Environment in amending the Land Law and documents elaborating implementation thereof; reviewing and proposing amendment to relevant decrees and circulars to ensure consistency with regulations of laws on land and resolve existing difficulties.
2. Land use plans and planning; and urban planning
a) The Ministry of Natural Resources and Environment shall assist the Government with formulation of the national land use planning for the 2021 - 2030 period and national land use plan for the 2021 - 2025 period according to regulations of planning and land laws, which are to be submitted to the National Assembly in the first session of the 15th legislature for consideration and decision; and direct and provide guidance on formulation of land use plans and planning at all levels in compliance with regulations in the Law on Planning and Law on amendment to a number of Articles of the 37 planning-related laws for local authorities.
b) The Ministry of Culture, Sport and Tourism shall direct People’s Committees of provinces and central-affiliated cities to review and evaluate spiritual and religious tourism projects to propose land use needs during formulation of provincial planning and formulation of and amendment to district-level land use plans and planning on the basis of thrifty use, waste prevention, harmonization between socio-economic effects and spiritual and religious beliefs, and compliance with the law.
c) The Ministry of Construction shall formulate planning of urban and rural systems for the 2021 - 2030 period with vision towards 2050; provide guidelines for local authorities on consistent implementation of regulations of laws on construction and urban planning as prescribed by the Law on Planning; cooperate with local authorities in regular inspection of compliance with regulations of laws related to urban planning to handle and correct violations promptly.
d) People’s Committees of provinces and central-affiliated cities shall:
- Formulate urban planning in a consistent manner, and urgently formulate areal planning and detailed planning as prescribed by law.
- Review, evaluate and produce solutions to detailed planning amended improperly; draw up investment plans; synchronize investment in technical and social infrastructure with development of housing, services trading facilities and other facilities per approved planning; not permit construction of high-rise structures in urban centers against approved planning, which might overload technical or social infrastructure; review overdue land use plans and planning and take definitive handling measures to ensure rights of land users and effective land use.
- Increase communication, ensure transparency and access to information on planning, management and use of urban land; post dossiers on amendment to urban planning on websites of competent authorities to gather opinions from residential communities before appraisal or approval. Planning authorities shall publish opinions gathered, announce acceptance thereof and provide any necessary explanation.
- Improve the awareness of and compliance with land laws and urban planning laws of organizations and citizens. Encourage and enable organizations, individuals and socio-professional organizations to offer social criticism for implementation of policies and laws on land planning, management and use.
3. Land expropriation, allocation and lease; compensation, assistance and relocation upon land expropriation
People’s Committees of provinces and central-affiliated cities shall:
- Allocate and lease land in a transparent manner to eligible entities as prescribed by land laws; strictly allocate and lease land for socio-economic development projects via auction of land use rights and bidding for projects requiring land; and take measures to prevent illegal transfer of land use rights or change of land use purpose.
- Control land expropriation, compensation, assistance and relocation in a strict and transparent manner to ensure legitimate rights, business operations and living conditions of persons whose land is expropriated.
4. Land pricing and utilization of land resources for socio-economic development
a) The Ministry of Natural Resources and Environment shall:
- Research and propose renovation of financial policies on land and land price towards efficiency and sustainability; take charge and cooperate with the Ministry of Finance in reviewing and completing land pricing regulations, ensuring consistency between land laws and price appraisal laws.
- Strengthen and enhance the roles of land development organizations and land development funds in compensation and clearance, management and utilization of land; allocate local government budget suitably and mobilize other legal funding sources for land development funds; allocate land for social housing and affordable housing.
b) The Ministry of Finance shall:
- Take charge and cooperate with the Ministry of Construction and local authorities in reviewing, taking measures to resolve difficulties, and identifying resources to accelerate roadmaps to relocating premises of ministries, regulatory bodies, educational and training institutions, hospitals, industrial and manufacture establishments, etc. outside of city center according to approved plans; allocating land previously distributed to such premises for local authorities to manage and use according to regulations of laws on management and use of public property, and to build public structures according to planning with priority given to parks, greenery, parking lots, and cultural - sports facilities.
- Direct equitization of state-owned enterprises as prescribed by law. Incorporation of value of land use rights into value of equitized enterprises must comply with regulations of land laws, laws on conversion from state-owned enterprises and single-member limited liability companies with 100% of charter capital invested by state-owned enterprises into joint-stock companies, and other relevant laws. Change of land use purpose and handling of housing and land for equitized enterprises must abide by planning, conditions and procedures prescribed by law.
5. Determination of administrative division, formulation of cadastral dossiers and development of land databases
a) The Ministry of Home Affairs shall advise the Government on resolution for inconsistencies concerning administrative division between localities or propose such resolution to competent authorities.
People’s Committees at all levels shall cooperate in resolving inconsistencies concerning administrative division between localities. In case of failure to reach a unanimous resolution, submit a dossier to the Ministry of Home Affairs to request consideration and decision from the Government.
b) People’s Committees of provinces and central-affiliated cities shall allocate at least 10% of budget revenue from land to invest in databases of land and urban development, especially modern cadastral dossier systems and planning and land price databases. Strive to complete and operate urban land databases and databases of land in major metropolises, which are parts of the national land database, before 2030 and 2025 respectively.
For localities lacking budget to complete their land databases, People’s Committees of provinces and central-affiliated cities shall report to the Prime Minister for assistance as prescribed by law.
6. Strengthening organizational structure
The Ministry of Natural Resources and Environment shall take charge and cooperate with the Ministry of Construction, Ministry of Home Affairs, other ministries, regulatory bodies and local authorities in strengthening land and urban management apparatus; enhancing the roles in and responsibilities for land management and inspection of urban land management of the heads of all regulatory bodies. Accelerate reform of administrative procedures pertaining to land in connection with administration modernization programs and application of information technology in urban management.
7. Improvement of inspection, supervision and handling of violations against regulations on planning, management and use of land
a) The Government Inspectorate shall take charge and cooperate with the Ministry of Natural Resources and Environment, Ministry of Construction and Ministry of Finance in inspecting construction works and projects showing signs of violation against laws on planning, management and use of urban land and inspecting issuance of certificate of land use rights and certificate of ownership of house and other property on land for urban areas.
b) The Ministry of Public Security shall:
- Take charge and cooperate with the Ministry of Natural Resources and Environment, Ministry of Construction, Ministry of Finance and Ministry of Justice in reviewing and assessing the current situation regarding house purchase, receipt of land use rights and illegal land lease by Vietnamese citizens on behalf of foreigners to refine management mechanisms and policies and to strictly handle violations. Report such tasks to the Prime Minister in the third quarter of 2020.
- Accelerate investigation of cases on urban land management and use.
c) The Ministry of National Defense shall continue to review management and use of national defense land to ensure efficiency and prevent encroachment, appropriation and disputes; correct violations against regulations on management and use of national defense land according to approved land use planning and plans.
d) People’s Committees of provinces and central-affiliated cities shall:
- Strictly review and announce projects violating regulations on their websites; rigorously expropriate land according to regulations of laws for projects whose land is unused or misused, overdue projects, projects whose investment guidelines are terminated, violations against laws on land, urban planning, construction and environmental protection before December 31, 2020.
- Ministries, regulatory bodies and provinces shall ex officio inspect, prevent, and handle violations against land and urban planning laws promptly and properly; strictly hold heads of levels and regulatory bodies accountable for violations against regulations on management and use of urban land under their management, which jeopardizes interest of the State and legitimate rights and interest of land users; correct violations against land and urban planning regulations, identify organizations and individuals responsible for allowing violations to take place and produce specific handling measures; tighten control over allocation of land for urban development, ensuring efficiency, thriftiness and consistency between land laws and urban laws to protect rights of persons whose land is expropriated; promptly settle complaints and denunciations pertaining to land and urban planning from citizens to avoid lengthy lawsuits and public disapproval.
III. IMPLEMENTATION
1. Based on the Plan’s tasks and contents and assigned duties, relevant ministers, relevant heads of Ministerial-level agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees shall formulate plans for implementation of this Plan; report such implementation to the ministries in charge assigned in this Resolution in September of every year for reporting to the Government; and propose methods necessary for consistent and effective implementation of the Plan to the Government.
2. The Ministry of Finance, Ministry of Planning and Investment and relevant regulatory bodies shall balance budget and allocate annual funding for performance of the provided tasks and solutions to other ministries, regulatory bodies and local authorities.
3. People’s Committees of provinces and central-affiliated cities shall:
a) Direct regulatory bodies and units, especially information and press authorities, to disseminate land policies and laws in their provinces.
b) Develop and deploy plans for their provinces based on the Plan; send preliminary reports and assessments on such deployment to the Ministry of Natural Resources and Environment for reporting to the Government.
c) Direct implementation of land policies and laws to thoroughly resolve issues related to provincial land management and use; strengthen and improve capacity for state management of land in their provinces.
d) Balance and allocate annual funding from central government budget and local government budget, and mobilize other funding sources for departments and regulatory bodies to perform the approved tasks and solutions.
4. The Supreme People’s Procuracy shall direct subordinate People’s Procuracies to further exercise the power to prosecute and supervise judicial activities for the cases and matters related to planning, management and use of urban land to detect and handle all crimes promptly and strictly; settle cases and matters in compliance with the law; and promptly report errors and violations concerning land planning, management and use to competent authorities for precautions and effective remedial and handling measures.
The Supreme People’s Court shall promptly, strictly and properly judge all crimes related to planning, management and use of urban land.
The State Audit Office of Vietnam shall focus on audit of planning, management and use of urban land upon formulation of annual audit programs.
5. People's Councils at all levels, Vietnamese Fatherland Front, Vietnam Veterans Association, Vietnam Farmer’s Union and other socio-political organizations shall encourage citizens to participate in and supervise implementation of land policies and laws.
6. During the implementation of this Plan, should amendment to any content herein be necessary, ministries, regulatory bodies and local authorities shall proactively cooperate with the Ministry of Natural Resources and Environment in reporting to the Prime Minister for consideration and decision./.
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