The Ministry of Agriculture and Environment (MARD) has just announced the draft Law amending and supplementing a number of articles of the 2024 Land Law for comments. In particular, the Ministry proposed to add 2 cases where the State will reclaim land for socio-economic development in the national and public interest.
Firstly , land recovery is to implement projects with special requirements on investment locations; urgent and urgent construction investment projects serving political and foreign affairs tasks; projects in free trade zones, international financial centers; logistic projects; mixed residential, urban, commercial service tourism, cultural, sports, cultural industry projects and other socio-economic development projects decided by the Provincial People's Council in accordance with local conditions.
Second , in the case of using land to implement socio -economic development projects through an agreement on receiving land use rights, but the term (including extension) has expired and the agreement has not been completed.
If the investor has agreed on more than 75% of the land area or has agreed with more than 75% of the number of land users within the scope of project implementation, the State will reclaim the remaining land area to allocate or lease land to the investor.
According to the Ministry of Agriculture and Environment, the addition of the above provisions to institutionalize the content of amendments and supplements to Resolution No. 18-NQ/TW proposed by the Government Party Committee was approved by the Central Executive Committee in Resolution No. 69-NQ/TW: "Research and consider expanding cases of land recovery for socio-economic development for national and public interests in accordance with practical situations".
The Ministry of Agriculture and Environment said that in reality, there are many land-use projects (urban embellishment projects, multi-purpose mixed-use projects, free trade zones, international financial centers, logistics, tourism, commercial services, culture, sports...) with large areas, which are driving forces for local development, contributing large revenues to the state budget, but there are currently no regulations on land recovery, causing difficulties in the process of accessing land and implementing projects.
However, Article 79 of the 2024 Land Law does not have any regulations on land recovery to implement projects with specific requirements on investment locations, urgent and urgent construction investment projects serving political and foreign affairs tasks, projects in free trade zones, international financial centers, logistics projects, tourism, commercial services, cultural industry, etc.; there are no regulations on land recovery in cases where investors do not agree on the remaining land area.
This leads to difficulties and obstacles when needing land to carry out urgent and urgent projects; causing difficulties for projects implemented under the mechanism of agreement to receive transfer of land use rights but there is a small part of the area that the investor does not agree on, leading to the situation of "suspended projects", causing waste of land resources, slowing down investment progress. Therefore, it is necessary to add this provision to Article 79 of the 2024 Land Law for implementation.
Source: https://baohatinh.vn/de-xuat-bo-sung-2-truong-hop-thu-hoi-dat-giai-phong-du-an-tréo-post292878.html
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