The Fertile Land For The Negative Arise

At present, obstacles in access to land are the first and biggest obstacle for domestic and foreign investors, which makes the business environment less transparent and unequal and thí is a fertile land for harassment, negative.

That is information Ho Chi Minh City Real Estate Association (HoREA) in the express letter to the Ministry of Justice and the Ministry of Natural Resources and Environment this evening, 25 December, to amend one Article of the Land Law 2013.

According to HoREA, the complete legal system of the Land Law is synchronous and consistent with the legal system in general (first of all with the Law on Investment, Housing Law, Law on Real Estate Business, Law on Urban Planning, The Law on Procurement, the Civil Code) is an extremely important task.

Amending and supplementing a number of articles of the Land Law 2013 will have a great impact on the socio-economic development process in the period of national industrialization and modernization in order to: To preserve the effectiveness of the State management over land throughout the country; To use land effectively, economically and sustainably; To set up a clean land fund for development investment; To create stable and sustainable revenue sources for the State budget; Establish transparent and open mechanisms, procedures and procedures so that investors and people with land use needs have equal access to land in the most convenient way to improve the private environment property of the country and each locality.

Land revenue is a very important source of income of the provinces and cities under the central government.

“Because at present, obstacles in access to land are the first and biggest drag on domestic and foreign investors, which makes the business environment less transparent, unequal and It is a fertile ground for harassment, negativity, “HoREA emphasized.

The Association recognizes that it is urgent and urgent to submit to the National Assembly for promulgation of the Law on amending and supplementing a number of articles of the Land Law for the current period.

The Association proposed the addition of “land for tourism”; “special economic zone” on non-agricultural land. At present, the National Assembly is discussing the project to establish “special economic zones” with investment and business environment, especially favorable for domestic and foreign investors having a maximum term of up to 99 years. This is not regulated in Land Law 2013. Therefore, the Association proposes to amend and supplement Article 151 of Land Law 2013 on “special economic zone” to adjust land use regulations for special economic zones to suit the current development situation.

Relating to some inadequacies in land finance and land prices in the Land Law of 2013, HoREA argues that land finance is a very important issue in land law, which is problematic. land price. Land revenue is a very important source of revenue for provinces and cities under the central government. But now, budget revenues from land are not commensurate with the potential for land revenue.

Some major shortcomings in land finance and land prices. For example, the land price principle “. In accordance with the land price common in the land of the same land use purpose already transferred, the auction price of land use right in the places where the land use right auction or income from land use “is practically impossible.

Strengthening and ensuring the effectiveness of state management of land throughout the country

Therefore, according to HoREA real estate market operating in the market mechanism, in the long term must change the view of land use fees, it should be considered a tax. In the long run, it is recommended that the study excludes the concept of “land use fees”, which is replaced by the land use tax at a certain rate, which is proposed to be around 10% or 15% of the land price. Thus, both transparent and easy to calculate and eliminate the mechanism of asking for. Limited first-time land use fees are collected that sustain long-term sustainable revenue for the State.

HoREA also proposed to abolish the regulation “the Government promulgates the land price bracket periodically every five years” and delegates authority to the provincial level to issue “land price and specific land price” to suit the reality of the situation. local.

However, the immediate need to change the current land use fee policy is difficult to accept, as it takes time to reach consensus.

The urgent issue is to reform the process and administrative procedures so that the determination of the land use levy of the enterprise is carried out transparently, promptly and rationally and can eliminate negative factors.

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