Highly appreciate the draft Land Law (amended)
Vice Chairman of the National Assembly Nguyen Duc Hai said that the draft Law on Land (amended) was discussed by the National Assembly in groups and at the Hall at the 4th and 5th Sessions. The draft law was also widely consulted with voters and people across the country. The National Assembly Standing Committee also gave opinions on the draft law many times and organized a conference of specialized National Assembly deputies to discuss this draft law.
The Vice Chairman of the National Assembly stated that the draft Law on Land (amended) is a massive, difficult, and complicated law project, and is an important legislative task of the entire term. The law amendment mobilizes the participation of the entire political system and all classes of people. The provisions of the law have a profound impact on all aspects of socio-economic life, the rights and interests of the people. The quality of the draft law must be given top priority, requiring careful and careful research on a scientific and practical basis.
The Vice Chairman of the National Assembly asked the National Assembly deputies to focus on giving their opinions on the key issues in the report, especially the contents with many different opinions, the contents of the draft law being designed according to 2 options. The Vice Chairman of the National Assembly asked the National Assembly deputies to be frank and responsible in giving their opinions to complete the draft law, evaluate the quality of the draft law and express their opinions.
At the meeting, delegates highly appreciated the draft Land Law (amended) which has fully absorbed and presented the opinions of National Assembly delegates, ensuring three contents: State management work, people's rights; responsibilities and benefits of organizations and enterprises. Delegates expect that the draft law, when passed by the National Assembly, will contribute to solving many problems arising in land management and use at present.
Hope the draft Land Law (amended) will be soon passed by the National Assembly
Speaking at the meeting hall, Venerable Thich Bao Nghiem - National Assembly Delegation of Hanoi expressed his high agreement with the draft Land Law (amended) that the Drafting Committee had collected opinions from voters and people through meetings, seminars, from local to central agencies, media agencies to the public as well as opinions of the National Assembly Standing Committee in many sessions to submit the law to the National Assembly today. At the same time, he highly agreed with the review report of the National Assembly's Economic Committee.
Through research, Venerable Thich Bao Nghiem found that the National Assembly Standing Committee, the National Assembly and the Government have coordinated very closely, researched and reviewed to ensure the best quality of the draft Law. The delegate also expected that the draft Law would be passed by the National Assembly with the highest consensus of the National Assembly delegates.
Speaking at the meeting hall, Delegate Do Thi Viet Ha - National Assembly Delegation of Bac Giang province said that through the draft Law submitted to the National Assembly at this Session and the Report on receiving, explaining and revising the draft Law, it shows that the National Assembly Standing Committee and the Government have synthesized, researched and received to the maximum, explained the opinions of National Assembly Deputies, especially clearly stated many issues and also explained many issues raised to revise and perfect the draft Law to be submitted at this Session.
With the nature of the Land Law having a wide scope of regulation, difficult and complicated content, greatly affecting people's lives and socio-economic development activities, the content is closely related to many other laws submitted for approval at this Session such as the Housing Law, the Real Estate Business Law. Therefore, delegate Do Thi Viet Ha said that the draft law needs to be carefully and cautiously prepared to ensure the best quality. In addition, it also needs to be considered and approved promptly to ensure the completion of institutions and laws on land as well as related fields and especially to meet the very urgent requirements of practice.
Delegate Tran Thi Van - National Assembly Delegation of Bac Ninh said that the draft Law submitted to the 6th Session has been basically revised and supplemented in a more suitable direction compared to reality on the basis of reviewing and absorbing the opinions of delegates, experts and all people.
The draft law more clearly demonstrates the role of land in socio-economic development, meeting voters' aspirations for an important law project of the country. Delegates expect that, when passed by the National Assembly, the draft law will contribute to solving many problems arising in land management and use at present....
However, with the sense of responsibility of the delegates, they will continue to research and contribute ideas, and the Drafting Committee will focus urgently to absorb with the highest spirit and determination to perfect the draft Law, ensuring quality, efficiency and feasibility so that the draft Land Law (amended) is expected to be soon passed by the National Assembly.
According to delegate Nguyen Quoc Luan - National Assembly Delegation of Yen Bai province, the delegates basically agreed with the draft Land Law submitted by the Government to the 6th session of the National Assembly and the Report on reception, explanation and revision of the National Assembly Standing Committee. "I think the draft law is basically qualified for the National Assembly to consider and pass at this session." - delegate Nguyen Quoc Luan emphasized.
Many opinions discuss the content of land acquisition
Speaking about the draft Land Law (amended) at the meeting hall, many National Assembly deputies expressed their interest in the regulations on land recovery for socio-economic development for the benefit of the nation, the public, and the public...
According to Delegate Nguyen Hai Dung - National Assembly Delegation of Nam Dinh Province, Clause 32, Article 79 stipulates that in cases of land recovery to implement projects and works for national and public interests that do not fall under the cases specified from Clauses 1 to 31 of this Article, the National Assembly shall amend and supplement the cases of land recovery of this Law according to the simplified procedures.
Delegate Nguyen Hai Dung said that the provisions of this draft Law have ensured compliance with Article 54 of the Constitution, which is that the State will reclaim land currently used by organizations and individuals in cases of real necessity and as prescribed by law, and report to the National Assembly.
According to the delegate, this provision has overcome the general and unclear provisions of the previous draft Law.
Concerned about giving comments on the regulation on land recovery for socio-economic development for national and public interests in Article 79, delegate Mai Thi Phuong Hoa - National Assembly Delegation of Nam Dinh province proposed to clarify what are the cases of land recovery and which agencies will decide by the Law, it must be clear, objective, transparent, especially cases related to the rights and legitimate interests of citizens. Delegate Mai Thi Phuong Hoa said that if the case is not clarified, it will be submitted to the National Assembly Standing Committee for supplementation later according to the simplified procedure. Therefore, the delegate suggested to continue reviewing clauses 1 to 31 of this Article.
Raising the issue arising from practice that needs to be resolved more thoroughly through this law amendment, delegate Tran Van Tuan - National Assembly Delegation of Bac Giang province proposed that Article 79, which regulates cases where the State reclaims land for socio-economic development for national and public interests, lists 31 specific cases. However, the delegate is still concerned that listing such specific cases may not cover everything.
The delegate believes that such a provision cannot be completely resolved. Therefore, the delegate proposes that the National Assembly consider amending and supplementing relevant provisions in the draft law in the direction of the State reclaiming land for cases of implementing socio-economic development projects, especially reclaiming to change the purpose of use for project implementation.
Debate on the recovery of commercial housing land, delegate Nguyen Quang Huan - National Assembly Delegation of Binh Duong province agreed with the view that it is necessary to control the land difference but it is necessary to clarify the content that needs to be controlled is the surplus value - created after the investment of investors. If the control is too tight, it will not encourage and attract investors, and will not develop the socio-economy. But if it is loosened, some of the surplus benefits will serve the interests of the minority.
Delegate Nguyen Quang Huan said that the best control is to conduct bidding. To conduct bidding, the State must reclaim the land. At the same time, compensation is carried out by the State. Then, the market price will be approached. When compensated, land users will be close to the market price before investing. This is fair for both investors, people whose land is reclaimed and the State will not suffer losses.
Speaking at the debate on the regulation on the State taking over land, Delegate Tran Van Lam - National Assembly Delegation of Bac Giang province stated that Resolution 18-NQ/TW sets out the requirement to ensure the principle of agreement in land acquisition. Therefore, it is necessary to clarify when and how to negotiate. Delegates noted that it is necessary to distinguish between land acquired for commercial housing projects. If it is residential land, the two parties will agree. However, if it is agricultural land, the State will take over and change the land use purpose and the transfer will be made by the enterprise through auction. For agricultural land to be transferred to agricultural production projects, the agreement will be implemented.
There should be no rigid regulations on resettlement conditions in the draft Law.
Delegates giving comments on the conditions of resettlement areas, delegate Nguyen Huu Chinh - National Assembly Delegation of Hanoi City said that the draft Law stipulates that resettlement areas must ensure conditions of technical infrastructure, roads ensuring connectivity, social infrastructure ensuring access to health and education services..., suitable to the conditions and customs of each region... Dai said that with the current land funds, it is difficult for any resettlement area to meet the above 3 conditions. If the law is rigidly regulated, the issue of resettlement compensation becomes difficult to implement, especially in large cities.
Delegate Nguyen Huu Chinh also said that it is very difficult to arrange resettlement in accordance with the customs and practices of each region. Because customs and practices are unique and not the same in each locality, some people are resettled in their locality but others have to resettle elsewhere. Therefore, according to delegate Nguyen Huu Chinh, the draft law should only stipulate criteria that are basic principles, feasible and not rigid. In addition, the delegate also suggested reviewing the definition of "resettlement" in the draft law, the concept of "people with no other place to live".
Delegate Vuong Thi Huong - National Assembly Delegation of Ha Giang province said that many voters are interested in the content of compensation, support, resettlement, land recovery for national defense, security, socio-economic development for national and public interests. The draft Law has specifically stipulated cases where it is really necessary to recover land for socio-economic development for national defense interests, ensuring compliance with the provisions of the Constitution. According to the delegate, compensation, support, and resettlement when recovering land must ensure publicity, transparency, and harmony of the interests of the State, people whose land is recovered, and investors so that people whose land is recovered must have housing, ensuring an equal or better life, in accordance with the cultural traditions, customs, and practices of the community where the land is recovered.
With the wishes of the majority of voters and people nationwide, Delegate Vuong Thi Huong respectfully requests the National Assembly to pass the Land Law (amended) at this session so that the law can soon take effect, overcome existing problems and difficulties in land management up to now, and at the same time serve as a basis for amending and supplementing related laws, contributing to perfecting the legal policy system as well as promoting land resources, meeting the development requirements of the country in the current period.
Speaking at the meeting, Delegate Trinh Lam Sinh - National Assembly Delegation of An Giang province elaborated on Article 87 regulating the order and procedures for compensation, resettlement support, land recovery for national defense, security, socio-economic development, and national public projects. Delegate Trinh Lam Sinh said that at Point d, Clause 2 of this Article, the regulation on the campaign period of only 10 days is not enough. At the same time, the practice of adjudicating administrative lawsuits related to land recovery decisions, compensation decisions, and enforcement decisions always requires a clear determination of the number of campaigns and a record must be made. Therefore, Delegate Trinh Lam Sinh suggested that the Drafting Committee study the regulation on increasing the campaign period to more than 15 days and campaigning 3 times, then issuing the decision.
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