Ensure the rights of land users
On the morning of January 15, the 1th National Assembly opened its 5th extraordinary session. The National Assembly discussed in the hall a number of new contents or different opinions in the draft Land Law (amended).
Talking in the corridors of the National Assembly, National Assembly Delegate Huynh Thi Anh Suong - Deputy Head of the specialized delegation of Quang Ngai province said that through studying the draft presented at this session, the National Assembly Standing Committee has directed the presiding agency. drafting, the verification agency absorbed and resolved many major issues with different opinions at the 6th Session, ensuring harmony in the rights and interests of the parties in land relations.
Comments on land recovery notices and compliance with land recovery decisions for national defense and security purposes; socio-economic development for the national and public benefit, according to Ms. Suong, in Clause 5, Article 85 of the draft stipulates: The validity of the land recovery notice is 12 months from the date of issuance of the land recovery notice. return land.
During this period, assets attached to land are not compensated when land is recovered (stipulated in Clause 2, Article 105).
National Assembly Delegate Huynh Thi Anh Suong - Deputy Head of the delegation in charge of Quang Ngai province.
After 12 months from the date of issuance of the land recovery notice, if the land has not been recovered, the rights of land users need to be specifically regulated. Therefore, it is proposed to supplement regulations on legal consequences after the effective date of land recovery notice to ensure the rights of land users.
“The current law does not regulate this issue, so in reality there are problems. There are many projects and authorities have issued land recovery notices, but compensation, relocation and resettlement are slow and last for many years. . The notice of land recovery is hanging in the air, people are not allowed to build or separate plots... affecting the lives and jobs of people whose land is recovered," Ms. Suong said.
Regarding the order and procedures for compensation, support, resettlement, and land recovery for purposes of national defense, security, and socio-economic development for national and public benefits, Ms. Suong said, at the meeting. Point b, Clause 4, the draft stipulates that units and organizations performing compensation, support, and resettlement tasks are responsible for "Sending compensation, support, and resettlement plans that have been approved by competent authorities." The right to approve each person whose land is recovered, the owner of assets attached to the land, and those with related rights and obligations.
However, dossiers on compensation, support, and resettlement plans for the project are many, so sending them to each person will be difficult, unreasonable, and wasteful.
Therefore, Ms. Suong proposed regulations to post compensation, support and resettlement plans at the headquarters of the Commune People's Committee and common living locations of residential areas where land is recovered; Only send relevant content to each person.
Additional land recovery conditions
Delegate Hoang Van Cuong (Hanoi delegation) said that after the 6th session of the 2th National Assembly, the draft Land Law still has many options to choose from, 3 or XNUMX options. This shows that the delegates listen very carefully to people's opinions and raise issues that need to be discussed.
However, after only a very short time, from the 6th Session until now, in this new draft, almost all previously raised issues that still have different views have been agreed upon. This proves that there is absorption, listening and filtering to make decisions. At the same time, it shows a very high unity between the drafting agency, the government submission agency and the verifying agency, the National Assembly.
Delegate Cuong said that the Land Law (amended) project can basically be passed but some points need to be adjusted.
Member of National Assembly Hoang Van Cuong.
For example, regulations on Resolution 18 emphasize that land allocation must mainly be through auction of land use rights and bidding. Currently, the Law provides the right of local People's Councils to set criteria for which projects must be auctioned, to regulate benefits, rents and create a competitive environment. However, that project must be recovered by the State.
“Because there is no way we should assign the winning bidder to negotiate with the people after winning the bid. Therefore, the conditions for land recovery must be supplemented," Mr. Cuong said.
In addition, issues related to resettlement and compensation and support for people with jobs; Conditions for recovering more land to create jobs for people, criteria for new urban areas and resettlement areas to have better conditions than old residences... also need to be added.
Delegate Cuong expects delegates to have consensus and contribute ideas so that the Land Law (amended) can be passed in this Extraordinary Session..
