The draft Capital Law (amended) includes 07 Chapters, 62 Articles. One of the issues that receives a lot of attention from people and the whole society is land management and use in the Capital. To better understand this issue, the Messenger had an interview with Associate Professor, Dr. Nguyen Quang Tuyen - Vice Chairman of the School Council of Hanoi Law University.
Investor: Dear Associate Professor, Dr. Nguyen Quang Tuyen, how do you evaluate the need to amend the Capital Law in general and regulations on land management and use in this Law in particular?
Mr. Nguyen Quang Tuyen: Over the period of implementation of the Capital Law, it has been shown that this law has made an important contribution to the development of Hanoi. After 10 years of implementation, the Capital Law and detailed regulatory documents have contributed to creating strong changes in the awareness of governments at all levels and people about the position, role, and tasks of construction and development. Capital; The policies and mechanisms stipulated in the Law have contributed to helping the city achieve a number of important achievements in many fields such as health, culture, education, social security, political security, and public order. social self-safety.
Associate Professor, Dr. Nguyen Quang Tuyen - Vice Chairman of the School Council of Hanoi Law University.
The Capital Law has helped Hanoi have its own legal tools to strengthen urban development management; create mechanisms for individuals and organizations to participate with the government. The implementation of specific policies according to the provisions of the Law has initially helped the City be proactive in planning, building, developing and managing the development of the Capital...
However, there are still some limitations such as slow implementation of the Urban Development Program; There is still a lack of solutions to mobilize resources in renovating and beautifying old urban areas (in terms of technical infrastructure, architectural works, housing...);
In addition, the allocation of land funds to build social housing in commercial housing projects in the Capital has not yet met actual needs and failed to achieve the set goals;
Along with that, the work of relocation and land fund management after relocation of some agencies and organizations has not been fully implemented and completed according to Decision No. 130/QD-TTg of the Prime Minister.
This poses a necessary requirement to amend the Capital Law to meet the practical requirements of rapid and sustainable national development, contributing to the successful implementation of the goals set out in Resolution No. 15/NQ-TW dated May 05, 5. 2022/2030 of the Politburo on directions and tasks for developing Hanoi Capital until 2045, with a vision to XNUMX set out.
Investor: In Article 30 of the draft Capital Law (amended), the Hanoi People's Council stipulates "Support and incentives for the development of clean agriculture and high-tech agriculture; processing, recycling and use of by-products and agricultural waste". In your opinion, do such regulations really help people understand and access them?
Mr. Nguyen Quang Tuyen: In my opinion, the phrase "high-tech agriculture" is a term used by a segment of people with limited intellectual level; Especially people living in remote areas or some ethnic minorities do not seem to understand clearly or accurately the connotations.
According to Mr. Nguyen Quang Tuyen, the phrase "high-tech agriculture" is a term that people living in remote areas or some ethnic minorities seem to not understand clearly.
On the other hand, this term has many different interpretations and different understandings. In order to determine a unified understanding as a basis for consistent application in implementation when the Draft Capital Law (amended) takes effect, I think it is necessary to add an explanation of the term's connotation. “high-tech agriculture” (in the context of this concept, it is necessary to provide some basic criteria to identify high-tech agriculture) in Article 3. Explanation of the wording of the Draft Law, in addition to explaining The concept of "ecological agriculture".
Investor: In Clause 4, Article 31, the draft Capital Law (amended) stipulates a number of principles for compensation when the State recovers land for socio-economic development for national and public benefits. Capital area. How do you evaluate these principles?
Mr. Nguyen Quang Tuyen: According to Clause 4, Article 31 of the draft Law on the Capital (amended), compensation when the State recovers land for socio-economic development for national and public benefits in the Capital must comply with the following principles: following rule:
Households and individuals whose land is recovered have a place to live, an income, a job and a stable life;
Land compensation is carried out by allocating land with the same use purpose as the recovered land; If there is no land for compensation, compensation will be made in money according to the specific land price of the type of land recovered as decided by the competent People's Committee at the time of approving the compensation, support and resettlement plan. ; For households and individuals whose land is recovered and need monetary compensation, they will be compensated in cash according to their registered wishes when making compensation, support and resettlement plans;
For households and individuals whose land is recovered, if they need compensation in the form of land with a different use purpose than the recovered land or in housing and the locality has conditions on the land fund and housing fund, it is considered Consider compensation in the form of land with a different use purpose than the type of land recovered or in the form of housing.
The People's Council of Hanoi City decides on the conversion rate and conditions for compensation in the form of land other than the recovered land or in housing in accordance with the actual situation in the locality, ensuring rights and interests. legitimate interests of the people.
In my opinion, stipulating the above principles makes it impossible for us to clearly see the specific mechanism that the Draft Capital Law (amended) has for Hanoi in land management and use. In other words, it seems that the content on land management and use of the Draft Law has not yet been institutionalized and highlighted the specific mechanism expressed in Resolution No. 15/NQ-TW dated May 05, 5. of the Politburo on directions and tasks for developing Hanoi Capital until 2022, with a vision to 2030.
The Draft Law's regulations on compensation principles when the State recovers land have narrower content than the regulations on compensation, support, and resettlement compared to the 2013 Land Law.
The Draft Law's provisions on compensation principles when the State recovers land have narrower connotations than the provisions on compensation, support, and resettlement when the State recovers land in Article 61 and Article 62; from Article 74 - Article 94 of the Land Law 2013. These articles of the Land Law 2013 regulate compensation, support, and resettlement when the State recovers land for defense and security purposes. ; socio-economic development for the national public benefit.
Thus, the 2013 Land Law stipulates compensation, support, and resettlement not only in cases where the State recovers land for socio-economic development for national and public benefits but also for In case of land recovery for defense and security purposes. Furthermore, according to current land laws, people whose land is recovered for socio-economic development for the national and public benefit are not only compensated but also supported and resettled.
To ensure consistency and synchronization with regulations on compensation, support, and resettlement when the State recovers land of the 2013 Land Law and ensure compatibility in the content of the provisions of Clause 4, Article 31 The first "clause" of this clause should be amended and supplemented as follows: "Compensation, support, and resettlement when the state recovers land used for defense and security purposes; For socio-economic development for national and public benefits in the capital city, the following principles must be adhered to: ...".
Investor: Sincerely thank you!
