Directive No. 08/1998/CT-TTg of the Government Chairman requires localities and ministries to conduct a comprehensive summary of five years of implementing the Land Law, with the aim of identifying issues that need to be amended and supplemented to adjust land policy and law to fit actual conditions.
Key points
- Localities → conduct a comprehensive summary of land management and use at the locality level, submit reports before April 30, 1998
- Central Ministries and Departments → summarize land management and use within their respective sectors, submit reports before April 30, 1998
- The General Department of Land Administration and the Sub-committee for Amending and Supplementing the Land Law → provide guidance on methods and procedures for conducting summaries, appoint members to participate, urge ministries and localities to implement
- Summary reports from localities and ministries will be sent to the Government Office and the General Department of Land Administration to compile opinions and complete the report to be submitted to the Government in May 1998
- The purpose of summarizing is to effectively manage and utilize land, promptly address existing issues and difficulties, and have a basis for amending and supplementing the 1993 Land Law.
🌐 Social impact of this document
- Positive impact: Helps improve effective land management and utilization, creating a legal foundation for adjusting policies.
- Negative impact: Time and effort costs for the summarization process, potential difficulties in collecting opinions from many localities and ministries.
❓ Frequently asked questions
What should localities do?
Localities should conduct a comprehensive summary of land management and utilization at the locality level, including typical summaries in some districts, communes, enterprises, and submit reports before April 30, 1998.
What should ministries summarize?
Ministries should summarize land management and utilization within their respective sectors, including the implementation of Government Decrees, etc., and submit reports before April 30, 1998.
What is the purpose of summarizing?
The purpose of summarizing is to more effectively manage and utilize land, promptly address existing issues and difficulties, and have a basis for amending and supplementing the 1993 Land Law.
How long is the summarization period?
The summarization period is five years, from when the 1993 Land Law was implemented until now.
Where should ministries send their reports?
Ministries should send their reports to the Government Office and the General Department of Land Administration before April 30, 1998.
Full text
DIRECTIVE
OF THE PRIME MINISTER
Regarding the review of five years of implementation of the Land Law
To have a basis for amending and supplementing the 1993 Land Law to be consistent with the country's economic and social development situation, addressing complex land relations that are of concern and directly related to the entire population, which need to be regulated by law to bring land management and utilization into order, the Prime Minister requests the Chairpersons of Provincial People's Committees under the Central Government, Ministers, Heads of Ministries equivalent to Ministries, and agencies under the Government to conduct a comprehensive review of five years of implementing the Land Law in their respective localities and sectors, assess achievements and shortcomings, analyze weaknesses in organizing the implementation of the Law, limitations in current land policies and laws, and propose specific requirements and contents needed for amending and supplementing the 1993 Land Law.1. For localities:
Provincial People's Committees under the Central Government shall conduct a comprehensive review of land management and utilization in their localities, exemplary reviews of land use in some districts, communes, enterprises, and functional advisory roles on state land management in sectors such as Public Security, Construction, Agriculture and Rural Development, Finance, Justice, Inspection, highlighting issues that remain unresolved in reality and require supplementation and amendment to the 1993 Land Law.
The provincial reports must be submitted to the Government Office and the General Department of Land Administration before April 30, 1998.
a. The Ministry of Agriculture and Rural Development shall direct provincial people's committees to promote the production of high-yield crop and livestock breeds (including imported breeds) suitable to natural conditions and the restructuring of production structures in each locality to supply farmers. Support and guide farmers in the preservation and processing of agricultural, forestry, and fishery products at household and group levels; diversify organizational forms of production and marketing for farmers; accelerate the implementation of Decision No. 80/2002/QĐ-TTg dated June 24, 2002, of the Prime Minister on policies encouraging the sale of agricultural products through contracts.
The Ministry of Agriculture and Rural Development, in collaboration with the Vietnam Farmers' Association and the Ministry of Fisheries, shall review land management and utilization for agriculture, forestry, aquaculture, implementation of Decrees 64/CP, 02/CP of the Government, public land fund of 5%, agricultural land exceeding the quota, farmers' lack of land for production, land of agricultural and forestry farms, stations, models of land management and utilization in farms, forestry, and aquaculture.
The Ministry of Construction: Review land management and utilization in urban areas, residential zones, using land funds to create capital for infrastructure construction, etc., implementation of Decrees 60/CP, 88/CP, 91/CP of the Government.
The Ministry of Finance: Review land valuation, land use fees, land lease fees, compensation for land clearance, land transfer tax, real estate registration fee, etc.
The Ministry of Planning and Investment, in collaboration with the Management Board of Industrial Zones of Vietnam, shall review foreign land leasing, joint venture land, land for industrial zone and export processing zone construction.
The State Bank of Vietnam, in collaboration with the Ministry of Justice, shall review land mortgage by organizations and citizens for loans.
The State Inspectorate: Review handling of violations of the Land Law, resolution of disputes, complaints, and denunciations regarding land.
The Ministry of National Defense, the Ministry of Interior: Review land management and utilization for national defense and security.
The Ministry of Justice: Examine implementing regulations of the Land Law, identify conflicting and overlapping regulations to amend and supplement them.
Other ministries and sectors shall review specialized issues related to land management and utilization in their respective sectors.
Reports from ministries and sectors must be submitted to the Government Office and the General Department of Land Administration before April 30, 1998.
3. The General Department of Land Administration and the Sub-committee for Amending and Supplementing the Land Law:
Guide ministries, sectors, and localities on methods and procedures for conducting reviews according to the requirements and content of this Directive.
Dispatch members to participate and urge ministries, sectors, and localities to complete the review within the prescribed timeframe.
Send draft amendments and supplements to the Land Law to localities, ministries, and sectors for comments.
Compile opinions from sectors and localities to perfect the report to be submitted to the Government in May 1998.
Prepare the agenda for the Government's five-year review of the implementation of the Land Law.
The review of five years of implementation of the Land Law will first help localities and central ministries and sectors manage and utilize land more effectively, address existing issues promptly, while providing a basis for proposing amendments and supplements to the 1993 Land Law.
The Prime Minister requests the Chairpersons of Provincial People's Committees under the Central Government, Ministers, and Heads of Ministries equivalent to Ministries, and agencies under the Government to organize this review thoroughly, ensuring compliance with objectives, requirements, and deadlines./.
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