Chief Justice: "Land prices must be in line with the market, they will only go up, not down."

This viewpoint was put forward by Chief Justice of the Supreme People's Court Nguyen Van Quang in the morning discussion session on November 19 on the draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.

"Does anyone agree to land acquisition before approving the compensation plan?"

Although agreeing to add cases of land reclamation by the State as proposed by the Government , Mr. Quang is concerned that the decision-making authority is still the National Assembly, while with current development requirements, other cases of land reclamation will continue to arise that have not yet been fully anticipated.

From this perspective, Mr. Quang proposed to delegate the authority to decide on cases of State land recovery to the National Assembly Standing Committee to be more flexible and avoid "being behind reality".

Chief Justice:

Chief Justice of the Supreme People's Court Nguyen Van Quang speaks at the group discussion session on the morning of November 19 (Photo: Pham Thang).

The basis for determining land prices, according to the Chief Justice of the Supreme Court, is a very big problem.

“Previously, we proposed 3-4 methods to determine land prices and encountered many difficulties in applying them. This time, we have agreed on the view that the basis for determining land prices when compensating and supporting resettlement will be the land price list multiplied by a coefficient,” Mr. Quang said that changing this approach will control land prices and prevent the current situation of “price inflation”.

"If we approach land prices in a way that is consistent with the market, land prices will only increase, there is no way to maintain or decrease them," the Chief Justice of the Supreme People's Court added, adding that the guidance for applying this regulation must be very detailed and specific, because localities are very concerned about this issue.

In this draft resolution, the Government proposed that “if more than 75% of land users agree to reclaim land before approving the compensation, support and resettlement plan, the land can be reclaimed”. However, Mr. Quang emphasized that the feasibility of this regulation needs to be carefully considered.

"In reality, is there any citizen who loves their country so much that they agree to have their land reclaimed before approving the compensation plan?", he questioned.

According to the Chief Justice, the general mentality of people whose land is being confiscated is to see what compensation plan the State has and how their rights are guaranteed before deciding whether to agree to the confiscation of their land or not. Therefore, if the regulations are as in the draft resolution, the feasibility will not be high.

Chief Justice of the Supreme People's Court Nguyen Van Quang said and commented that "the feasibility of this regulation is not high".

Chief Justice:

Delegates from Da Nang , Tuyen Quang, and Lang Son groups discussed during the working session on the morning of November 19 (Photo: Pham Thang).

Pointing out another inconsistency in the draft resolution, delegate Quang said that if it is stipulated that "the provincial level decides on temporary residence arrangements, while the commune level recovers land", there will be a situation of shifting responsibility and evasion.

To ensure consistency, he proposed a regulation in the direction that "whoever decides on land recovery has the authority to decide on temporary residence".

However, with the current capacity of the commune level, Mr. Quang assessed that it would be very difficult to implement. He suggested that the provincial People's Committees should decide first, then the provincial People's Committee chairman would delegate the responsibility to the commune-level People's Committee chairman, ensuring flexibility and feasibility.

Along with land price list, need tax mechanism to control real estate price

Also expressing his views on land prices, National Assembly delegate Pham Duc An, Chairman of the People's Committee of Da Nang City, cited the provisions of the Land Law that require consultation to determine each specific plot of land. According to him, such regulations lead to delays, cannot be implemented, and affect site clearance.

By issuing the land price list, the Chairman of Da Nang City also said that "it is not possible to completely resolve the issue related to compensation and site clearance", because land prices are constantly increasing as they are now, leading to people's expectations that "it will increase further", leading to those who reclaim land later to benefit more than those who came before.

Chief Justice:

National Assembly Delegate Pham Duc An, Chairman of Da Nang City People's Committee (Photo: Pham Thang).

“Uncontrolled land prices lead to huge consequences for the economy,” Mr. An warned.

According to him, if the State does not set land prices close to the market, when compensation is given, people will feel disadvantaged and will not proactively hand over land for site clearance, even leading to complaints and lawsuits.

“This is a very difficult problem,” said the Chairman of Da Nang.

He said that along with building a land price list, it is necessary to regulate through the tax mechanism to control real estate prices at a stable level. Only then will people whose land is recovered not expect "the person who recovers later to benefit more than the person who recovers earlier".

With the proposal to add cases of land recovery by the State, Mr. An suggested that the Government should be given more authority to select projects other than the cases in this resolution for implementation.

Source: https://dantri.com.vn/thoi-su/chanh-an-gia-dat-phai-phu-hop-voi-thi-truong-thi-chi-len-khong-xuong-20251119121013377.htm