Ensure the best quality before “pressing the button”

To have a multi-dimensional perspective on the failure to pass the Land Law as well as the expectations when this Law project will be passed at the nearest session, Nguoi Dua Tin (NDT) listened to the sharing and evaluation from Dr. Tran Cong Phan - Vice President, General Secretary of the Vietnam Lawyers Association, National Assembly Delegate of Binh Duong.

Investor: Mr. Vice President Tran Cong Phan, the Land Law (amended) has been commented on at 3 sessions and at the 6th session, this draft Law was unanimously not approved. Could you please evaluate the preparation work as well as the acceptance of comments on this draft Law?

Vice Chairman Tran Cong Phan: At the recent 6th session, according to the scheduled program on the morning of November 29, National Assembly deputies will vote to pass the Land Law (amended). However, reporting to the National Assembly, Secretary General of the National Assembly Bui Van Cuong said that after receiving the opinions of the deputies, in the middle of the session, the National Assembly Standing Committee met and agreed that in addition to the contents that have been received and revised, many contents of the draft Land Law (amended) need more time to continue studying and perfecting.

In particular, the Land Law (amended) is an important law that has a profound impact on people and businesses, and is related to many other laws. Therefore, according to the revised meeting agenda approved by delegates, the Land Law (amended) project will be considered at the nearest meeting.

I think that the National Assembly Standing Committee and the Government have agreed and the National Assembly also highly agrees not to pass the Land Law (amended) at the 6th session, which is necessary to have time to absorb, study and revise a quality draft law that meets requirements, ensures feasibility, and the law must be put into practice after it is promulgated.

Investor: What do you think about the fact that the National Assembly has not yet passed this Law project but will pass it at the nearest session?

Vice Chairman Tran Cong Phan: As mentioned, the Land Law (amended) is related to many different laws, according to statistics related to more than a hundred laws, there are many contents when amending this Law, other Laws must be amended. Therefore, this is a very big issue that needs to be "put on the table" to ensure that when amending the Law, it must meet practical requirements, concretizing the policies and guidelines in Resolution No. 18-NQ/TW dated June 16, 2022 of the 13th Party Central Committee on "Continuing to innovate, perfect institutions and policies, improve the effectiveness and efficiency of land management and use, creating momentum to turn our country into a developed country with high income".

The review and completion of the draft Law needs more time to ensure its constitutionality, legality and consistency with the legal system. Therefore, adjusting the time for passing the Land Law (amended) from this session to the nearest session will help agencies continue to research, absorb, revise, thoroughly review and complete, ensuring the best quality before submitting it to the National Assembly for approval.

Therefore, I support not passing the Land Law (amended) project yet. The National Assembly will decide to pass it when the bill is mature and rigorous enough because of its long-term nature, ensuring the legitimate rights and interests of the people in the current integration trend.

To bring the Law into life, no more shortcomings

Investor: Since the draft Land Law (amended) was released until it was submitted to the National Assembly for discussion at Dien Hong Hall and group discussion sessions, it is known that the Vietnam Lawyers Association has been very active in organizing seminars and discussions to contribute ideas to the draft Land Law with many meaningful and attractive topics attracting the participation and interest of experts and scientists. Could you please share more about the contributions of the Vietnam Lawyers Association in this Law project?

Vice President Tran Cong Phan: In order to create an open forum for experts and scientists to contribute ideas and resolve practical problems to further promote land resources and resolve conflicts and overlaps between the Land Law and related Laws, the Vietnam Lawyers Association has organized many seminars at different scales and levels to contribute ideas to the Land Law (amended) with topics such as: "Major policy orientations on ensuring the rights of land users"; "Improving financial policies on land and developing the land use rights market"...

During the time of collecting public opinions on the draft Land Law (amended), it can be seen that this is a law project that has received a lot of enthusiastic participation and comments from people across the country, at all levels and sectors...

For the Vietnam Lawyers Association, after the issuance of Resolution No. 671/NQ-UBTVQH15 dated December 23, 2022 of the National Assembly Standing Committee on organizing the collection of public opinions on the draft Land Law (amended); Resolution No. 170/NQ-CP dated December 31, 2022 of the Government on promulgating the Plan for organizing the collection of public opinions on the draft Land Law (amended), the Association has a plan to deploy the collection of opinions of the entire legal community on the draft Land Law. At the same time, the Association has also assigned all levels of Lawyers Associations of 63 provinces and cities, and affiliated lawyer associations to fully participate and send their contributions to the Central Committee of the Vietnam Lawyers Association, thereby gathering official opinions on this draft Law.

As a socio-political-professional organization with nearly 80,000 members who are experts, lawyers, and those who have worked and are working in the legal industry, it has a very important position in participating in policy and law making.

Along with that, Directive 14-CT/TW, dated July 1, 2022 of the Politburo on continuing to strengthen the Party's leadership over the Vietnam Lawyers Association in the new situation; as well as the action plan of the National Assembly and the attention of the National Assembly and the National Assembly Chairman for the Vietnam Lawyers Association, we are clearly aware of our role, position and responsibility in contributing responsibly to the Law projects, especially the Land Law.

As both a member of the drafting committee and an agency participating in policy and law making, the Vietnam Lawyers Association has provided critical opinions and many contributions to this draft Law.

Investor: As you shared, the Vietnam Lawyers Association has been very active in contributing opinions to this draft Law. So, could you please tell us how meaningful are the opinions of experts, lawyers, and scientists at the Workshops and Discussions on the Land Law organized by the Association?

Vice President Tran Cong Phan: The seminars on the Land Law (amended) organized by the Vietnam Lawyers Association have attracted the attention and contributions of legal experts, representatives of leaders of units under the Central Committee of the Vietnam Lawyers Association, scientists, economic experts, etc. We acknowledge and highly appreciate the enthusiastic comments and contributions of the experts. The comments and contributions of the delegates have been compiled by the Vietnam Lawyers Association and submitted to the National Assembly, National Assembly agencies, and Government agencies, etc.

Investor: In order for the Land Law (amended) to be passed, come into effect and come into practice without any more shortcomings, according to Vice Chairman Tran Cong Phan, what should the drafting agency pay attention to?

Vice Chairman Tran Cong Phan: In the draft Land Law (amended), there are many contents in the draft Law that propose many options, some with 2-3 options. I think it needs to be studied and edited to be concise, to choose one option or for the National Assembly members to vote on each option to express their opinions. Accordingly, the option that the National Assembly agrees with is the highest, that option will be chosen.

Regarding issues with different opinions, it is recommended that the National Assembly Standing Committee and responsible agencies conduct specific and thorough research and have a report on the acceptance and explanation to have complete and accurate provisions in the law. Only then, when the Land Law is passed and comes into effect, it will no longer have any shortcomings.

Investor: Could you please share your expectations after the Land Law project is passed at the most recent session?

Vice Chairman Tran Cong Phan: In my opinion, the Land Law should be passed this year or early next year. Because the longer it takes to pass, the more the shortcomings of the Land Law will cause difficulties, frustrations, and impacts on the people. This is a very important law. Therefore, it is necessary to reserve a special session at the end of 2023 or early 2024 for its passage.

From the above sharing, I, as well as many National Assembly delegates, expect that the Land Law, after being passed, will fundamentally resolve existing problems and limitations, clear bottlenecks for investment activities, and create momentum for development in all aspects of life, economy, society, etc.

Investor: Thank you very much, Vice President Tran Cong Phan!