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Vietnam's Land Law needs changes: Experts
Ngoc Thuy 15:53, 2018/06/27
Vietnam`s rapid economic development has partially exposed shortcomings in state management, especially in land issues, to which experts called for a change in the 2013 Land Law.
"The 2013 version places more restrictions than its previous one, while it does not reflect the current changable needs," said Dang Hung Vo, former Deputy Minister of Natural Resources and Environment at a conference on land law held by the Vietnam Chamber of Commerce and Industry (VCCI) on June 27.
 
The overview of the conference.
The overview of the conference. Photo: Ngoc Thuy
Dung pointed to an example that for projects on construction of houses which will be for sale or for a combination of sale and rent, the land use term shall be determined in accordance with the duration of the project. This means investor cannot use their own land to build house for lease or sale as opposed to the 2003 Land Law, in turn restricting the development of the rental market.

Moreover, "the current land law is not consistent with the Constitution and other laws issued after 2013, including the Law on Forestry, Law on Management and Use of Public Property, or the Law on Investment, among others", Vo added. 

In order to avoid constant adments and future inconsistencies, Vo recommended not making specific requirements in laws, as he referred to the recent controversial draft law on special administrative - economic zone (SEZ), which proposed land leasing tenure up to 99 years. 

Doan Hong Nhung from Vietnam National University said on one hand the land-related procedures are too complicated, but at the same time the Land Law lacks regulation over condotel, hotel and officetel, which are new forms of property in Vietnam.

Nhung expressed concern over the lack of regulation over land accumulation, seeing it a potential barrier for realizing the potential of the real estate market. 

Deputy Director of the Government Inspectorate Research Institute Nguyen Tuan Khanh said complaints and corruption over land issues are directly related to land management. 

"The government should ensure a transparent and fair business environment, enhancing the role of enterprises and citizens in supervising land management and utilization," Khanh said.
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