Ensuring the consistency of the Draft Law on Land (Amendment) with relevant laws
On October 14, 2022, the Office of the National Assembly in collaboration with the NA Legal Committee and the Hanns Seidel in Vietnam held the Workshop “Ensuring the consistency of the Draft Law on Land (Amendment) (the Draft Law) with relevant laws” with participation of several representatives from relevant Ministries, Departments, and professional experts to discuss and contribute ideas for revising the Draft Law. The workshop emphasized that due to the complication of the Land Law affecting all aspects of socio-economic life, national defence and security, comprehensive amendment to the applicable Land Law is not only an event of particularly important political and legal significance but also a key legislative task in law-and-ordinance-making program of the 15th National Assembly.
Attending the workshop, Mr. Nguyen Hung Quang, Founder, Managing Partner of NHQuang&Associates delivered a speech on the traffic-oriented development (TOD) model under the Land Law and related laws (i.e. the Law on Public – Private Partnership Investment, the Law on Bidding, the Law on Investment, the Law on Urban Planning). The speech presented:
(i) An introduction of traffic-oriented development (TOD) model and its significance;
(ii) Legal issues for TOD under the Land Law and related laws;
(iii) Comments on the Draft Law to promote urban and economic development.
According to Mr. Nguyen Hung Quang’s analysis, the Draft Law has not yet facilitated investors to implement TOD projects, for example, bidding mechanism for an urban development project including component projects (such as urban railway, expressway with urban development at junctions, stops…). Some mechanisms for capital contribution and benefit sharing among the State, investors and individuals are not yet clearly defined in the Draft Law to create the basis for having the people engaged in urban development and refurbishment, reducing disputes among investors and people in ground clearance. In addition, the Draft Law should also address the relationship between the assigned users of surface land, underground facility land and aerial facility land./.
Excerpt from the presentation by Lawyer Nguyen Hung Quang on National Assembly television from the minute 1:45: https://www.quochoitv.vn/dam-bao-tinh-thong-nhat-cua-du-thao-luat-dat-dai-sua-doi-voi-cac-luat-co-lien-quan?fbclid=IwAR18EJ1y-wZn9CEVs7l678XnsTd7mMZzRYZJI86rwebh1VP7-SCEiAS1q4M