Firstly, Deputy Minister Le Minh Ngan (above picture) introduced the breakthrough content of the 2024 Land Law. One of which is the promotion of decentralization, delegation of authority, administrative reform, and the enhancement of the role, responsibility, and proactivity of local governments at all levels in land management and use, including the adjustment and development of land price lists.
As this is a groundbreaking policy with many new elements, some initial difficulties at the local level are unavoidable, primarily related to Clause 1 of Article 257, which stipulates that the land price list under the 2013 Land Law shall continue to apply until December 31, 2025. If necessary, the provincial People's Committee may decide to adjust the land price list in accordance with the provisions of the 2024 Land Law to suit the actual land price situation in the locality.
This is a transitional provision aimed at helping localities gradually implement the development of their own land price lists under the 2024 Land Law for application from January 1, 2026, and thus avoiding a sudden shock that could affect the rights and obligations of land users. However, without careful consideration, the adjusted land price list may differ significantly from the current one and potentially lead to public and business backlash, as they would have to pay higher land use fees compared to when the old land price list was applied.
Conversely, if the land price list is not adjusted in a timely manner to suit local conditions, it could easily lead to a significant discrepancy between the land price in auction results and the starting price, causing sudden fluctuations and potentially resulting in revenue losses for the state budget.
Discussing the methods to address these issues, the Deputy Minister shared that since August 8, 2024, the Ministry of Natural Resources and Environment has issued three documents to the People's Committees of localities to urge and guide them in completing the authorized documents under Decree No.71 and in adjusting land prices to suit the actual local land price situation.
Simultaneously, localities facing difficulties in this matter are being aided to resolve them. For example, after the working session on September 10 between the Ministry of Natural Resources and Environment, relevant ministries and agencies, and the HCMC People's Committee, the city leadership issued a series of directives, such as allowing the use of the current land price list to resolve pending land tax dossiers and preparing the steps to promulgate the adjusted land price list in October 2024.
From January 18 – July 31, 2024, 12 provinces and cities issued adjusted land price lists. Notably, from since August 1, four more provinces and cities have issued their adjusted land price lists, including Ha Nam, Ba Ria - Vung Tau, Thai Binh, and Nam Dinh without encountering any difficulties in implementing the above regulations.
The Deputy Minister then stressed that detailed guidance has been issued quite comprehensively to date. The Ministry of Natural Resources and Environment has also organized a nationwide conference to disseminate detailed regulations for the implementation of the 2024 Land Law, including Decree No. 71 on land prices.
It has also continuously coordinated with localities to conduct in-depth training, jointly grasp the implementation situation, and promptly provide guidance to resolve any difficulties and obstacles arising during the implementation process. Recently, it has even established a task force to receive feedback, suggestions, and proposals from localities to promptly resolve issues. Reports from this task force reveal that most provinces and cities have reached a consensus and no longer have many difficulties.
Finally, Deputy Minister Le Minh Ngan proposed that any adjustments or supplements made immediately after the promulgation of a policy must be carefully considered from multiple perspectives, namely the stability of the legal system, the unintended impacts on socio-economic development, the lives of the people, domestic and foreign public opinion, as well as the investment and business environment.
Therefore, localities, when adjusting and developing land price lists in accordance with the 2024 Land Law, need to analyze and evaluate the results of implementing the current land price list carefully, to examine their proposed land prices compared to the local land price level, and to simultaneously assess the impact of the draft land price list on the applicable subjects, with a suitable roadmap and an appropriate increase for each area, location, and type of land.
At the same time, localities must seek opinions from relevant agencies to limit excessive differences in the financial obligations that land users must fulfill.
