Land conversion through voluntary mechanism

Abstract

According to the Land Law of 2013, there are currently two mechanisms for land conversion, namely the compulsory conversion mechanism, i.e the cases in which the State recovers land according to the provisions of Articles 61 and 62 of the 2013 Land Law; The later is the voluntary land conversion mechanism, this manner is applied when the investor needs land use right for production and business purposes throught transfer, lease or capital contribution with land use rights as prescribed in Article 73 of the Land Law of 2013. The current land law has effective solutions in case the State recovers land and removes most of the difficulties encountered before. However, for the voluntary land conversion mechanism, there are still many difficulties in the implementation process such as: the investor has got almost 80% land use right of the area, but the rest people offer unreasonably high prices; land use right is in dispute. This article analyzes the regulation of land voluntary conversion under the provisions of the 2013 Land Law and in the 5th Amendment of the Draft Land Law, published on June 1, 2023, thereby proposing some solutions suitable to the current conditions in Vietnam.