Protecting people's rights when their land is recovered

The draft resolution adds 3 cases where the State reclaims land for socio -economic development for national and public interests. One of those cases is the case of using land to implement a project through an agreement on receiving land use rights that has expired the deadline for completing the agreement, or the extension period for completing the agreement has expired, but has agreed on over 75% of the land area and over 75% of the number of land users, then the Provincial People's Council shall consider and approve the reclamation of the remaining land area to allocate or lease land to the investor.

Scene of the discussion session at the National Assembly Delegation of Ho Chi Minh City, morning of November 19. Photo: QUANG PHUC

Delegate Nguyen Thi Yen (HCMC) was concerned about the two rates above 75%, because they do not go together. The delegate gave an example: with a land area of 100 hectares, 75 households agree, but how to calculate the remaining 25 households with a total area of more than 50% of 100 hectares? The delegate asked the drafting committee to reconsider this calculation and suggested that the study could only determine "1 of 2 conditions", without the word "and". This would be over 75% of the area or over 75% of the people agree.

For the remaining 25%, Delegate Nguyen Thi Yen stated, there needs to be a construction plan for resettlement and for this 25% the compensation price must be equal to or higher than the investor's price, only then will the people agree; ensuring the rights of the people.

“Over 75% of this area is not necessarily located in a construction or project area. What about the remaining 25% located in the center of the project? Therefore, I propose to study and assign the Government to provide detailed regulations,” Deputy Nguyen Thi Yen raised the issue.

Delegate Nguyen Thi Yen speaks. Photo: QUANG PHUC

Continuing to give comments, Delegate Nguyen Thi Yen stated that the draft regulation stipulates that the notice of land recovery must be sent no later than 60 days for agricultural land and 120 days for non-agricultural land, which is too long. The Delegate suggested that the notice of land recovery should be reduced from 60 days to 45 days, and from 120 days to 60 days to ensure quick implementation of projects.

Delegate Hoang Van Cuong (Hanoi) highly appreciated the draft regulation on agreement to receive land use rights to implement investment projects. Practice shows that when the agreed subjects reach over 75% in terms of land users and 75% of land use area (ie both conditions are over 75%) and the agreement period has expired, the State will be allowed to take over the land. This regulation is very appropriate.

“If hundreds or thousands of people use the land and 99% of them reach an agreement, and only one person cannot reach an agreement, the project must stop. This hinders development and hinders planning and zoning goals. Therefore, when over 75% of the area and over 75% of the land users have reached the agreement, the remaining area must be reclaimed,” Deputy Hoang Van Cuong expressed his support.

Delegate Hoang Van Cuong. Photo: DO TRUNG

From that assessment, Deputy Hoang Van Cuong expressed concern that when reclamation is carried out, the compensation price is equal to the price list multiplied by the adjustment coefficient; and the agreement is the price agreed upon by both parties. Thus, over 75% is one price, while about 25% of reclamation is at a different price. This can easily lead to lawsuits.

Therefore, Deputy Hoang Van Cuong proposed that when it reaches over 75%, the right to reclaim is granted, but when reclaiming, the agreed price must be applied and this agreed price must not be lower than the price list multiplied by the adjustment coefficient. This will avoid complaints, and the person being forced to repossess will also receive the same level as the person who agreed.

Commenting on this content, according to Deputy Do Duc Hong Ha (Hanoi), the condition of over 75% is a high rate, difficult to achieve in practice, especially for large projects with many affected households. This can lead to congestion and prolong the project implementation time. Moreover, land recovery before approving the compensation, support and resettlement plan will cause resentment and complaints from people because their rights are not clearly guaranteed and go against the principle of "completing the approval of the compensation, support and resettlement plan and resettlement arrangement is a prerequisite for land recovery".

Therefore, Deputy Do Duc Hong Ha proposed reducing the number of land users who agree to land recovery from over 75% to 50% and have a compensation, support and resettlement plan that has been publicly consulted, except in cases where the Government decides to recover land at the request of the Provincial People's Committee.

Regarding the regulation on adjusting land rent when site clearance is delayed, citing many cases where enterprises have paid land rent, but state agencies are slow to implement site clearance, causing damage to enterprises, Deputy Ha Sy Dong (Quang Tri) proposed that the draft resolution add a regulation to handle this issue in the direction that enterprises still pay provisional land rent before leasing land.

In case of delay in land handover, the enterprise has the right to request recalculation of land rent and reduction of obligations corresponding to the delay period. This reduction in obligations will be adjusted, settled, and deducted from the land rent paid in the following times or other financial obligations to the State...

DO TRUNG - PHAN THAO - BAO VAN

Source: https://www.sggp.org.vn/bao-ve-quyen-loi-nguoi-dan-khi-bi-thu-hoi-dat-post824260.html