Concerns about resettlement entitlements.

Residents affected by the THACO - Chu Lai Industrial Park Project have not yet agreed with the compensation plan for the expropriation of agricultural land. Photo: H. Quang

The number of resettlement plots should not be limited.

Many changes are in a way that benefits the people; aiming for maximum support and ensuring the rights of land users; the draft regulations provide detailed information... These were the comments of delegates attending the review conference on the draft Regulations on compensation, support, and resettlement when the State recovers land in Quang Nam province, drafted by the Department of Natural Resources and Environment.

Further explaining the new points regarding the rights of those whose land is expropriated, Mr. Nguyen Truong Son - Deputy Director of the Department of Natural Resources and Environment - said that the draft has "raised the maximum" of support levels.

Notably, Article 4 (Compensation with land for purposes other than the land reclaimed when the State reclaims land as stipulated in Clause 3, Article 4 of Government Decree No. 88 dated July 15, 2024) is a particularly important new point in the draft, as it has resolved the long-standing dilemma in Quang Nam regarding the reclamation of agricultural land, which is the possibility of arranging resettlement for eligible people.

However, along with this new point, the regulations on compensation with residential land when the State reclaims land (Article 3) in the draft have attracted many comments.

Many delegates shared the opinion that Clause 1 (Article 3): “Compensation with residential land as stipulated in Article 98 of the Land Law and Article 11 of Decree No. 88/2024/ND-CP shall be implemented equivalent to the value of the land use rights of the reclaimed residential land area and residential land in resettlement areas, residential areas or mixed-use areas (hereinafter collectively referred to as resettlement areas) but not exceeding 5 plots according to the detailed plot subdivision plan in the resettlement area” is inappropriate.

It is suggested that the regulations not specify compensation for residential land, but limit it to no more than 5 plots, to ensure the rights of land users when the State reclaims large areas of residential land.

Mr. Pham Be, former Head of the Land Management Department of Quang Nam province and member of the Vietnam Fatherland Front Committee of the province, explained: "For example, if an investor buys 20 plots of land through auction, and after a few years, a project is developed in the area and the State has to reclaim the land, who would accept a maximum compensation of only 5 plots?"

The draft regulations on compensation, support, and resettlement when the State recovers land in the province consist of 5 chapters and 28 articles, with many detailed and specific provisions in accordance with the 2024 Land Law and Government Decree No. 88 dated July 15, 2024, on compensation, support, and resettlement when the State recovers land.

At the recent review conference, the Chairman of the Vietnam Fatherland Front Committee of the province, Le Tri Thanh, requested that many suggestions that could not be presented at the conference be submitted in writing so that the Provincial Fatherland Front could compile them and the Department of Natural Resources and Environment could further refine them.

The draft regulations on compensation, support, and resettlement when the State reclaims land in Quang Nam province are expected to be submitted by the Provincial People's Committee to the Provincial People's Council at the upcoming session (scheduled to be held in mid-October 2024).

Practical and realistic feedback

Commenting on the regulations for resettlement arrangements, Mr. Nguyen Thanh Hai - Chairman of the Vietnam Fatherland Front Committee of Duy Xuyen district - suggested that specific regulations should be established for cases eligible for resettlement, especially regarding the removal of the provision "if the locality has land available for resettlement, the district-level People's Committee shall consider allocating one residential plot with an area according to the detailed planning" (Clause 3, Article 3).

"This 'if' clause will create difficulties for localities. For example, if a locality has land but lacks attention to the issue, the people will still suffer. Or, when a locality has land available, households displaced earlier benefit, but when land is scarce, those displaced later do not. This will create resentment among those affected by the project and also create difficulties for the locality," Mr. Hai said.

Furthermore, while Clause 3 of Article 4 only stipulates the recovery and compensation for the remaining agricultural land area outside the land clearance line, a representative from the Vietnam Fatherland Front Committee of Thang Binh district suggested that regulations should be added to cover the recovery and compensation of agricultural land plots located outside the land clearance line but affected by the project and no longer eligible for continued use.

Because, in Thang Binh district, many areas of agricultural land are not included in the land clearance plan but are affected by projects; the procedures for land acquisition and compensation for these areas have not yet been regulated.

For example: 3.8 hectares of agricultural land in Binh Hai commune were affected by the Cua Dai Bridge access road project; 0.34 hectares of agricultural land in Binh Lanh commune were affected by the National Highway 14E upgrade and renovation project...

Therefore, it is proposed that the competent authority responsible for considering and deciding on the land acquisition and compensation for affected agricultural land parcels located outside the land clearance line should be the same authority that determines the project's investment capital.

Regarding the regulation that married couples living together on the same plot of land should be considered for resettlement, many delegates noted that in reality, there are families living together for multiple generations, including single mothers raising young children. If land is reclaimed without considering resettlement for these cases, it does not ensure social welfare.

Source: https://baoquangnam.vn/quang-nam-xay-dung-quy-dinh-ve-boi-thuong-ho-tro-tai-dinh-cu-ban-khoan-suat-tai-dinh-cu-3142488.html