Ensure people have easy access to information on land acquisition

Participating in the discussion at the meeting, delegate Nguyen Hoang Bao Tran, National Assembly Delegation of Binh Duong province, said that Clause 8, Article 126 stipulates: Within 36 months from the date of issuance of the decision recognizing the winning bid results or other period according to the contract signed with the competent state agency, the People's Committee at the competent level must complete the compensation and resettlement support to allocate land and lease land to the winning investor.

Delegate Nguyen Hoang Bao Tran, National Assembly Delegation of Binh Duong province.

Delegates proposed to supplement regulations on handling cases where, after 36 months from the date of issuance of the Decision recognizing the winning bid results, the People's Committee at the competent level has not completed the compensation and resettlement support to allocate land and lease land to the winning bidder, because in reality, there are cases where the winning bidder fully performs the obligation to advance capital to implement compensation and resettlement support, however, the time for the competent authority to compensate and support resettlement is very long, affecting the progress of the project, causing damage to the investor.

Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting.

In addition, delegates also reflected that many businesses recommended that it is necessary to clearly stipulate in the law or assign the Government to specify in detail the capital advance according to the progress of site clearance, to create favorable conditions for investors and the implementation process to be clear and transparent in terms of responsibilities and rights between related parties.

Also giving opinions on this draft law, delegate Nguyen Dai Thang, National Assembly Delegation of Hung Yen province, said that regarding the rights and obligations of economic organizations and public service units using land leased by the state with annual payment, the draft law stipulates that public service units when choosing the form of land lease with annual payment are not entitled to sell or mortgage assets attached to the land. The delegate assessed that such a provision is reasonable, consistent with the purpose of preserving land allocated by the state to public service units for use, preventing assets from being auctioned if mortgaged.

Delegate Nguyen Dai Thang, National Assembly Delegation of Hung Yen province, gave his opinion.

However, the delegate also requested that the drafting agency study and consider allowing public service units to contribute capital with assets attached to leased land in the direction of specifying detailed conditions for capital contribution to create conditions and reduce financial pressure for public service units, especially autonomous public service units.

Regarding the notice of land recovery and compliance with regulations on land recovery for national defense, security, socio-economic development for national and public interests, Clause 1, Article 85 of the draft law stipulates that before issuing a decision on land recovery, the competent state agency must send a written notice of land recovery to the person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations (if any), at least 90 days for agricultural land and 180 days for non-agricultural land.

Delegates proposed to study and add to Clause 1, Article 85 the following content: in case it is impossible to contact the person whose land is recovered, an announcement must be made on mass media and posted at the headquarters of the People's Committee at the commune level.

Commenting at the meeting, delegate Tran Dinh Gia, National Assembly Delegation of Ha Tinh province, said that regarding the order and procedures for compensation, resettlement support, land recovery for national defense, security, socio-economic development for national and public interests, point b, clause 2, Article 87 of the draft law needs to add the phrase "or provincial level", thereby completely amending it to: In case of failure to contact and failure to send land recovery notice to the person whose land is recovered, the notice shall be published in a daily newspaper of the Central or provincial level for 3 consecutive issues, or broadcast on the Central or provincial radio and television station for 3 consecutive days.

According to delegate Tran Dinh Gia, if the regulation only stipulates the announcement in the central newspaper, it will be very difficult and confusing to help people access information. At the same time, the delegate also proposed to remove the regulation in Clause 5, on the content that the People's Committee at the competent level to reclaim land issues a decision to reclaim land within 10 days, because it is not feasible.

Delegate Ho Thi Kim Ngan, National Assembly Delegation of Bac Kan province, contributed opinions at the meeting.

Speaking at the meeting, delegate Ho Thi Kim Ngan, National Assembly Delegation of Bac Kan province, said that regarding the organization of implementation of land use planning and plans, Clause 7, Article 76 of the draft law stipulates that the land area determined in the annual land use plan at the district level has been approved by the competent authority to be recovered for project implementation or must change the land use purpose, but after 2 consecutive years of implementation in the annual land use plan at the district level, there has been no decision to recover the land or permission to change the land use purpose, the competent authority approving the annual land use plan at the district level must review, evaluate, adjust, cancel and must announce this adjustment and cancellation.

Article 76, Clause 8 stipulates that every year, the provincial People's Committee is responsible for organizing the review, handling and public announcement of land recovery, land use purpose conversion, cancellation of land recovery, and land use purpose conversion for land recorded in the annual district-level land use plan.

The delegate raised the issue that Clause 7 mentions adjustment and cancellation, however, Clause 8 only mentions cancellation. In case of adjustment or cancellation, is the adjustment in Clause 7 understood as an adjustment of the recovery time? If after 2 consecutive years it is not implemented, what procedures will be followed? Is it necessary to go through the Provincial People's Council before the People's Committee announces the cancellation? The delegate suggested that these contents need to be clarified further.

Source: https://www.congluan.vn/dam-bao-nguoi-dan-de-dang-tiep-can-thong-tin-ve-thu-hoi-dat-post281022.html