Specify the criteria for land acquisition.

Regarding land reclamation issues, Ms. Hoang Thi Loi, Deputy Head of the Democracy and Law Advisory Board of the Fatherland Front Committee of District 1, commented that in recent times, some areas have reclaimed land from residents only to hand it over to investors to build high-end apartments and villas for sale at high prices, which has nothing to do with national or public interests. Ms. Loi suggested that land reclamation for public benefit must be clearly defined. The Fatherland Front and other organizations should closely monitor the process to prevent the exploitation of land clearance in the city center for other purposes.

Lawyer Nguyen Thanh Binh commented on the provision in Article 13 of the draft: "Land use rights are a special type of asset and commodity, but not ownership rights...". According to him, over the years, individuals and organizations granted land use rights have transferred these rights, but this transfer is no different from transferring the right to use state-owned housing. Furthermore, many housing construction projects and other commercial projects have involved unreasonable land acquisition and compensation valuations that do not reflect the nature of civil transactions, leading to disputes, complaints, and lawsuits.

Mr. Nguyen Thanh Binh proposed regulations to prevent the practice of artificially inflating compensation prices for land expropriation for residential and agricultural purposes.

Mr. Binh argued that, in reality, land users' rights to use land as property or as a commodity are not respected. This is one of the fundamental reasons for many citizen complaints. Therefore, he proposed that the draft revised Land Law clearly state that land users have the right to buy and sell land use rights according to the law. According to Mr. Binh, this regulation would help prevent the practice of manipulating compensation prices for land expropriation for residential and agricultural purposes when land is reclaimed from citizens for housing and production businesses, causing harm to the interests of land users and creating resentment in state management and society.

According to the Ho Chi Minh City Lawyers Association, land expropriation is an issue involving many organizations, forces, and the rights and livelihoods of many people. It is also a sensitive area. Therefore, regulations should be in place for specific cases to harmoniously resolve the relationship between the state, investors, and land users. The Ho Chi Minh City Lawyers Association also suggested that the draft law should institutionalize regulations to ensure the rights of people whose land is expropriated, and should specify criteria for determining whether a "new location is better than the old one."

Source: https://nld.com.vn/thoi-su/cu-the-hoa-cac-tieu-chi-khi-thu-hoi-dat-20230217222124585.htm