Proposal to open up land leasing without auction

On November 3, discussing before the National Assembly a number of contents with different opinions of the draft Land Law (amended), National Assembly Delegate Ha Duc Minh ( Lao Cai delegation) highly appreciated the draft Law for fully absorbing and explaining the opinions of National Assembly Delegates, ensuring 3 contents: State management work; people's rights; responsibilities and interests of organizations and enterprises.

Comments on Article 80 of the draft Law, according to which Point b, Clause 1 stipulates: The annual land use plan of the district level has been approved by a competent State agency or investment decision according to the provisions of the law on public investment; decision to approve investment projects according to the provisions of the law on investment under the public-private partnership method; decision to approve investment policy; decision to approve investment policy and simultaneously approve the investor; decision to approve the investor according to the decision of the investment law for investment projects under the authority to approve investment policies of the National Assembly and the Prime Minister.

Regarding the above content, the Delegate wondered how projects implemented under the Investment Law under the authority of the provincial level, but also in the case of land recovery, will be implemented?

National Assembly Delegate Ha Duc Minh (Lao Cai delegation) contributed comments to the draft Law.

Second, Article 105 stipulates 4 cases where the State recovers land without compensation for assets attached to the land, in which Clause 4 states: Social technical infrastructure works with other construction works no longer in use before the time of the recovery decision of the competent authority. According to the Delegate, the regulation of no longer in use is unclear, especially when considering compensation for technical works serving the investment projects of enterprises, possibly due to economic difficulties, investors must stop or temporarily suspend the investment project according to the provisions of the Investment Law.

Third, Clause 2, Article 121 stipulates that the State leases land and collects land tax at one time for the entire lease term in some cases, especially for tourism projects. However, according to the Delegate, in order to implement the Party's policy of promoting socialized investment in public service projects such as healthcare, education and environment, it is necessary to study whether this subject is entitled to pay land tax at one time.

Delegates attending the meeting.

Fourthly, Clause 3, Article 125 stipulates cases where the State leases land without auction, including cases of leasing land as production and business premises for those who are leased land by the State, collect annual land tax, but must move out of the location due to environmental pollution according to the provisions of law; support for leasing land to continue production and business in cases of reclamation of non-agricultural production facilities of current users as prescribed in Point d. Accordingly, Point d, Clause 2, Article 9 stipulates that non-agricultural production and business land includes: Land for industrial parks, industrial clusters, commercial and service land, land for non-agricultural production facilities.

Delegate Ha Duc Minh said that in order to develop the socio-economy, the State must reclaim commercial service land, not non-agricultural production land such as office buildings, restaurants, supermarkets, hotels, gas stations, rest stops, electric vehicle charging stations, etc., then people whose land is reclaimed will not be able to rent land to continue doing business.

“If you want to do business, you have to find land for auction, but if the auction fails, of course the person whose land is recovered must stop operations, close down, and lay off workers. This does not ensure the right to access land for those using the land, and does not ensure fairness in accessing land,” emphasized Delegate Ha Duc Minh.

Therefore, the Delegate proposed to study and expand the scope of land lease without auction in this case to continue maintaining production and business according to the principle that if recovered, it must be rearranged for reproduction.

National Assembly Delegate Nguyen Hai Dung (Nam Dinh delegation) discussed.

Meanwhile, National Assembly Delegate Nguyen Hai Dung (Nam Dinh delegation) expressed interest in the regulation on land recovery for socio-economic development for national and public interests...

In particular, 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 simplified procedures.

Delegate Nguyen Hai Dung said that the provisions in 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 National Assembly Delegate of Nam Dinh, this provision has overcome the general and unclear provisions of the previous draft Law.

Source: https://www.congluan.vn/de-nghi-mo-dong-doi-tuong-cho-thue-dat-khong-qua-dau-gia-post271008.html