CHAPTER 2: ANALYSIS OF NEW POINTS IN THE LAND LAW 2024 - CHANGE IN REGULATIONS ON COMPENSATION, SUPPORT, AND RESETTLEMENT FOR DISPLACED PEOPLE 1.. The Land Law 2013 includes many detaile
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VIETNAM NATIONAL UNIVERSITY HO CHI MINH CITY
UNIVERSITY OF ECONOMICS AND LAW
FINAL REPORT
LAND LAW
TOPIC: SELECTING, ANALYZING AND COMPARISON A NEW POINT BETWEEN LAND LAW
2013 AND 2024 - CHANGE IN REGULATION ON COMPENSATION, SUPPORT AND RESETTLEMENT
Supervisor: Truong Trong Hieu Code Course: 232DD0105 Member: Le Minh Bao Phuong Student ID: K225022058
Ho Chi Minh, 2024 May 20th
TABLE OF CONTENT
INTRODUCTION " CHAPTER 1: OVERVIEW OF THE LAND LAW 2013 AND LAND LAW 2024
1 Ba
1.1 Land Law 2013 2222 2220212222121211111111111212152 reo "
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DU ác CHAPTER 2: ANALYSIS OF NEW POINTS IN THE LAND LAW 2024 -
CHANGE IN REGULATIONS ON COMPENSATION, SUPPORT, AND
RESETTLEMENT FOR DISPLACED PEOPLE
1 Specific changes compared to the Land Law 2013
2 Reasons and purposes of the change cece 221111211 122111211 111112 1110111101112 1110111 Hà 2.1 Reasons
CHAPTER 3: COMPARISON OF THE NEW POINT BETWEEN THE LAND
LAW 2013 AND 2024
1 Comparison of regulations corIf€fI - - - 5 c1 2212222111211 1111111111111 1111110111101 110110811 1.1 In Land Law 2013
1.2 In Land Law 2024
2 Comparison of mplementation pFOC€SS - 5 0 2201111112111 2111 1111011122111 1181121 2.1 In Land Law 2013
2.2 In Land Law 2024
3 Comparison of impact on people and management agencies
3.1 In Land Law 2013 3.2 In Land Law 2024 CONCLUSION
REFERENCES
Legislation
Document
Land Law
Trang 3INTRODUCTION
The Land Law is one of the most important legal documents in Vietnam's legal system, playing a fundamental role in the management and use of land - the country's precious and finite resource To meet the requirements of socio-economic development
in the new context, the Land Law 2024 was passed by the National Assembly of the Socialist Republic of Vietnam to replace the 2013 Land Law, overcoming shortcomings limitations and inadequacies, and at the same time introduce new regulations, consistent with practice and international standards
One of the most prominent and important new features of the Land Law 2024 is the regulations on resettlement support when the State recovers land Compared to the
2013 Land Law, these new regulations have been significantly improved and expanded, to ensure maximum benefits for land users, and increase flexibility and transparency in the compensation and contract process Effectively support the resettlement process and stabilize the lives of people whose land is recovered The report was carried out to clarify important changes in regulations on resettlement support settlement, analyze the differences between the two Laws, and evaluate the impact of these changes on people as well as management agencies By researching and comparing new and old regulations, the topic will contribute to providing a comprehensive and in-depth view of the progress of Vietnam's land law, thereby providing recommendations and solutions solutions to further improve the land legal system, and better meet the country's development needs in the coming time
Trang 4CHAPTER 1: OVERVIEW OF THE LAND LAW 2013 AND
LAND LAW 2024
1 Overview
1.1 Land Law 2013 The Land Law 2013, passed by the National Assembly of the Socialist Republic
of Vietnam on November 29, 2013, and effective from July 1, 2014, is one of the most important legal documents in Vietnam's land legal system This Law was promulgated
to replace the 2003 Land Law, to meet land use and management requirements in the country's new socio-economic development period
The Land Law 2013 includes many detailed regulations on the rights and obligations of land users, land use planning and plans, land allocation, land leases, change of land use purpose, and administrative procedures mainly related to land In particular, this Law emphasizes protecting the rights of land users, enhancing transparency and publicity in land management, and introducing new regulations on compensation, support, and resettlement settlement when the State recovers land The appearance of the 2013 Land Law aims to resolve the inadequacies and limitations of the 2003 Land Law while creating a solid legal foundation for the effective, fair, and sustainable use and management of land resources sustainable, contributing to the country's socio-economic development
1.2 Land Law 2024 The Land Law 2024, passed by the National Assembly of the Socialist Republic
of Vietnam on January 18, 2024, is an important step forward in perfecting the legal framework for land management and use in Vietnam Male This Law was established
to replace the Land Law 2013, overcome limitations and inadequacies, and meet new requirements in the context of current socio-economic development
The Land Law 2024 includes many new regulations and_ significant improvements to ensure the rights of land users and increase transparency and efficiency in land management One of the highlights of the Land Law 2024 is the expansion of land transfer and use rights while improving compensation, support, and resettlement policies when the State recovers land These changes are intended to ensure that people whose land is revoked receive better financial and resettlement support, helping them quickly stabilize their lives
In addition, the Land Law 2024 also promotes the application of information technology in land management, simplifies administrative procedures, and increases community participation in the planning and planning process land use planning This not only helps improve management efficiency but also creates favorable conditions for people and businesses to access information and carry out land transactions
Trang 5Besides, Land Law 2024 also has new regulations on public land management and use, land environmental protection, and land-related financial policies, aiming for sustainable and equitable development
With comprehensive and far-reaching improvements, the Land Law 2024 is not only an important legal tool to effectively manage land resources but also a solid foundation to promote economic development - Vietnam's society in the coming time 1.3 The importance of changes in the Land Law 2024
The Land Law 2024 marks an important turning point in land management and use in Vietnam, reflecting socio-economic development and aiming to improve state management efficiency and ensure the rights of people people, and promote sustainable development First, the new regulations focus on protecting the nghts of land users and increasing transparency and fairness in land procedures This not only reduces complaints and disputes but also creates a more favorable and safer business environment for businesses In addition, the new law strengthens the roles and responsibilities of management agencies, improving efficiency and transparency in land management This ensures the correct use of land, avoiding waste of land
resources
Furthermore, the adjustments in the law aim at sustainable, environmentally friendly land use, encouraging investment in green projects, organic agriculture, and environmentally friendly works, contributing to protecting property natural raw material Reforming regulations on planning, land use conversion and land acquisition creates favorable conditions for infrastructure development, urbanization, and large national projects, promoting economic development and enhancing people's quality of life These changes require a detailed and reasonable land use plan, ensuring a balance between economic development and environmental protection, between the needs of industries, fields, and regions The Land Law 2024 also provides regulations to reduce barriers, and support people and businesses in accessing land more easily, contributing
to promoting socio-economic development and sustainable environmental protection
Trang 6CHAPTER 2: ANALYSIS OF NEW POINTS IN THE LAND LAW 2024 - CHANGE IN REGULATIONS ON COMPENSATION, SUPPORT, AND RESETTLEMENT FOR DISPLACED PEOPLE
1 Specific changes compared to the Land Law 2013
One of the important new points in the Land Law 2024 is the regulations on forms of compensation when the State recovers land
Specifically, Clause 2 Article 91 of the Land Law 2024 has expanded and detailed the forms of compensation, bringing the total number to four forms, two more than the Land Law 2013 These forms include allocation of land with the same use purpose as the recovered land, and monetary compensation at the specific land price decided by the competent People's Committee at the time of approving the compensation, support, and rehabilitation plan settled; Compensation in money according to the wishes of the person whose land is recovered; Compensation with land for other uses if the person whose land is recovered has a need and the locality has a land fund; and compensation in the form of housing if the locality has a housing fund and the person whose land is recovered has a need
In addition, the Land Law 2024 also more clearly stipulates the recovery and compensation of remaining land areas smaller than the minimum area prescribed by the Provincial People's Committee According to Clause 7, Article 91, if the land user agrees, the competent People's Committee will recover and compensate this area, and manage it according to the provisions of law
The addition of two additional forms of compensation with land for other uses and compensation with housing in the Land Law 2024 brings many significant benefits
to people In particular, for those whose agricultural land is recovered, being compensated with non-agricultural land will help them easily change their career from agriculture to the fields of production, trade, and services, creating favorable conditions for them to work more convenient for life Although the housing compensation plan may be difficult in practice due to limited housing funds in many localities, in large cities such as Hanoi and Ho Chi Minh City In Ho Chi Minh City, where there is an unused resettlement housing fund, people can take advantage of this opportunity to quickly stabilize their lives
In general, the changes in regulations on resettlement support in the Land Law
2024 not only ensure better rights for people but also contribute to improving the efficiency of land management and use, promoting the sustainable development of society
Trang 72, Reasons and purposes of the change
2.1 Reasons The change and addition of regulations on compensation, support, and resettlement in the Land Law 2024 comes from many important reasons, to meet practical needs and overcome limitations of the Land Law 2013 One of the main reasons is to ensure maximum benefits for land users In the Land Law 2013, forms of compensation are limited and do not fully meet the diverse needs of people whose land
is recovered
The addition of other forms of land compensation for other uses and housing compensation helps people have more options suitable to their circumstances and needs, thereby helping them quickly stabilize their lives than after land acquisition Flexibility in forms of compensation also helps make the land recovery process more fair and transparent Each individual and household has different circumstances, so diverse compensation solutions are needed to suit each specific case This helps minimize disputes and complaints related to land compensation and strengthens people's consensus for land recovery projects In addition, many people, especially those working in agriculture, have difficulty changing careers after land recovery Compensation with non-agricultural land creates conditions for them to change careers
to other fields such as manufacturing, trade, and services, helping to improve income and improve quality of life This not only benefits the people but also contributes to local socio-economic development
In addition, the addition and detailing of compensation forms in Land Law
2024 helps overcome the limitations of Land Law 2013, improving the efficiency of land management and use In the context that Vietnam is deeply integrating into the world economy, legal regulations need to be adjusted to suit international standards and domestic practices Adding diverse forms of compensation helps increase competition and attract investment while ensuring fairness and transparency in land
management
Overall, the new points on compensation, support, and resettlement in the Land Law 2024 not only ensure people's rights but also promote sustainable development of society, contributing to land management and use more effectively and transparently 2.2 Purposes
The new point of resettlement support in the 2024 Land Law is built to achieve many important purposes, reflecting the practical needs and development orientation
of society
Trang 8The primary purpose of the new regulations is to protect the rights of land users, especially those whose land is recovered Expanding forms of compensation, including monetary compensation, land for other uses, and housing, help ensure that people can choose the option that best suits their circumstances and needs This not only helps people stabilize their lives more quickly but also creates fairness in the land acquisition process The addition of new forms of compensation is intended to create flexibility in the compensation process, helping to minimize disputes and complaints related to land recovery Each individual and household has different circumstances, therefore, diversity in forms of compensation will better meet the specific needs of each case, strengthening people's consensus towards compensation land acquisition projects Another important purpose is to support people, especially agricultural workers,
in changing careers after land recovery Compensation with non-agricultural land or housing helps people have the opportunity to convert to other occupations such as manufacturing, trade, and services, thereby improving income and improving quality
of life This not only benefits the people but also contributes to promoting local socio- economic development By detailing and making regulations on compensation and resettlement more transparent, the Land Law 2024 aims to improve the efficiency of land management and use The new regulations help reduce legal issues, and increase transparency and accountability of regulatory agencies, thereby creating a stable and trustworthy legal environment
Finally, new points in the Land Law 2024 aim to meet the requirements of sustainable development and international integration Adjusting regulations on compensation and resettlement in a fair and transparent direction is not only consistent with international standards but also contributes to creating an attractive investment environment, attracting capital and justice sources advanced technology, promoting sustainable socio-economic development
Trang 9CHAPTER 3: COMPARISON OF THE NEW POINT BETWEEN
THE LAND LAW 2013 AND 2024
1 Comparison of regulations content
1.1 In Land Law 2013
In the 2013 Land Law, regulations on compensation when the State recovers land mainly focus on two main forms
Firstly, land allocation has the same use purpose as the recovered land, helping
to maintain people's current jobs, especially those working in agriculture However, this form faces major limitations when the land fund for the same use purpose is not enough or the new land location is not favorable
Secondly, monetary compensation corresponds to the value of the land recovered, based on the land price list prescribed by the State This compensation value often does not reflect the true market price at the time of recovery, leading to dissatisfaction and complaints from people Although these regulations provide a basic mechanism to compensate people, they lack flexibility and do not adequately meet the diverse needs of people whose land is recovered
1.2 In Land Law 2024
The Land Law 2024 has expanded and detailed forms of compensation, adding two new forms: compensation with land for other uses and compensation with housing
Specifically, in addition to allocating land with the same use purpose and monetary compensation as before, Land Law 2024 also allows people to be compensated with land with different use purposes if the locality has a land fund, and compensation with housing if the locality has a housing fund This addition not only increases flexibility but also better meets the specific needs of each individual and household This helps people have more choices suitable to their circumstances, thereby helping them stabilize their lives more quickly after land acquisition
2 Comparison of implementation process
2.1 In Land Law 2013
In the 2013 Land Law, the process of implementing compensation and resettlement support is quite simple and not fully detailed
The main steps include determining the value of recovered land based on the land price list prescribed by the State, then making monetary compensation or allocating land with the same use purpose This land price list is usually announced
Trang 10annually and tends to be lower than the market price, leading to many inadequacies and complaints from people
Furthermore, this process lacks the participation of people and communities in planning and implementing compensation, making the process lack transparency and easily cause disputes
2.2 In Land Law 2024
The Land Law 2024 has made significant tmprovements in the process of implementing compensation and resettlement support Monetary compensation is determined based on the market price at the time of approval of the compensation, support, and resettlement plan, instead of based on the land price list prescribed by the State as before This helps ensure fairness and is closer to the actual value of the land
at the time of recovery
In addition, the implementation process in the 2024 Land Law is more detailed, including many specific steps to increase transparency and people's participation First
of all, the preparation of compensation, support, and resettlement plans must be made public and the opinions of affected people must be sought, ensuring that decisions related to compensation are informed and transparent White Then, this plan must be evaluated and approved by competent authorities, ensuring legality and objectivity Compensation payments and resettlement support are also carried out according to a clear process and with strict supervision, helping to minimize disputes and complaints
In particular, the Land Law 2024 also encourages the application of information technology in the management and implementation of compensation and resettlement support The use of geographic information systems (GIS) and land databases makes the process of determining land value and implementing compensation more accurate and efficient while increasing transparency and trust from the people
3 Comparison of impact on people and management agencies
3.1 In Land Law 2013 For the impact on people, compensation regulations mainly focus on two main forms: land allocation with the same use purpose and monetary compensation However, limitations in determining land value and lack of flexibility in forms
of compensation have caused many inadequacies for people The compensation value does not reflect the true market value, leading to dissatisfaction and many complaints from people
Furthermore, the lack of compensation appropriate to the specific circumstances of each individual and family reduces the ability to resettle and stabilize life after land acquisition