Proposal to clarify and assess the impact of land acquisition

According to delegates of Group 14, it is necessary to clarify and assess the impact of land acquisition for project implementation to avoid problems, obstacles and complaints.

On the morning of November 19, the National Assembly discussed in groups the draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law; the draft Resolution of the National Assembly on a number of specific mechanisms and policies to improve the effectiveness of international integration; and the investment policy for the Gia Binh International Airport construction investment project.

Contributing opinions to the draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, the majority of National Assembly deputies (NA deputies) agreed on the necessity of issuing the Resolution. At the same time, they proposed to continue reviewing and perfecting the draft Resolution to be consistent with the specific policies and viewpoints of competent authorities; ensuring its constitutionality, legality and consistency with the legal system.

Overview of the discussion session at Group 14. Photo: National Assembly.

In addition, the National Assembly deputies proposed to continue reviewing regulations to ensure compliance with the provisions of the Constitution, ensuring feasibility, fairness, transparency, not causing complaints, lawsuits, or affecting the rights of the people.

Regarding cases of land recovery by the State (Article 3) of the draft Resolution, delegate Tran Thi Kim Nhung - National Assembly Delegation of Quang Ninh province requested to clarify the basis for proposing the area ratio and the number of people agreeing; the mechanism for handling the remaining area of ​​the project when the investor has agreed on over 75% of the area and received the consensus of over 75% of the number of land users within the scope of project implementation.

According to delegate Tran Thi Kim Nhung, the handling of the remaining land area and the number of people with remaining land must ensure human rights and civil rights as prescribed by the Constitution; and limit the occurrence of complaints and lawsuits. Therefore, the delegate proposed that there should be regulations to harmonize interests when calculating compensation, avoiding the possibility of complaints and lawsuits when applying the land price list and adjustment coefficient to calculate compensation for the remaining cases because the land price in the price list is often lower than the agreed average price. In addition, the delegate also suggested that the Government should assess the impact of land recovery in the above case.

Regarding the handling mechanism for the remaining area of ​​the project when the investor has agreed on over 75% of the area and received the consensus of over 75% of the number of land users within the scope of project implementation, delegate Do Thi Lan - National Assembly Delegation of Quang Ninh province noticed that currently, the calculation of compensation and land recovery for project implementation by the People's Committee at the commune level is in accordance with the provisions of the Land Law, and the compensation agreement between the project investor and the people is usually higher.

Therefore, to avoid problems and difficulties that may cause prolonged complaints related to the implementation of land recovery for project implementation, delegate Do Thi Lan requested the Drafting Agency of the Resolution to clarify and assess the impact on the land compensation plan and agreement between the investor and the people as well as the agreement between the People's Committee at the commune level to implement the agreement with the people.

Delegate Tran Thi Kim Nhung, National Assembly Delegation of Quang Ninh province. Photo: National Assembly.

Expressing her views on adding cases where the State reclaims land for national defense and security purposes to build drug rehabilitation facilities managed by the People's Armed Forces (Clause 1, Article 3), delegate Do Thi Lan said that currently, our country is in great need of private drug rehabilitation facilities to carry out voluntary drug rehabilitation to reduce the burden on the State when performing drug rehabilitation tasks.

However, according to delegate Do Thi Lan, private drug rehabilitation facilities are facing difficulties in implementation due to land-related problems. Therefore, delegate Do Thi Lan agreed with the addition of land recovery for drug rehabilitation facilities but did not agree with the regulation of only recovering land for drug rehabilitation facilities managed by the armed forces. According to the delegate, land recovery should not be limited to the scope managed by the armed forces in order to create conditions for private facilities to carry out rehabilitation for drug addicts.

Supplementing regulations allowing the People's Committee at the commune level to exploit and lease short-term land funds under management

Giving comments on the regulations on land allocation, land lease, and land use purpose conversion (Article 4) of the draft Resolution, delegate Tran Dinh Gia - National Assembly Delegation of Ha Tinh province proposed to consider removing Clause 5, because in the case of land auctions, if only based on zoning or general planning, the residential land area in the land plot cannot be determined, leading to the inability to calculate the land price. Meanwhile, according to the draft Resolution, the land price table and adjustment coefficient will be applied to determine the land price.

Clause 7 stipulates: “Allowing adjustment of land use term for new investors to replace dissolved or bankrupt investors; investors receiving transfer of investment projects using land. New investors and investors receiving transfer of investment projects must pay additional land use fees and land rents according to the provisions of law”.

With the above regulation, delegate Tran Dinh Gia proposed that the Government specify the content in detail to ensure there is a sufficient basis for adjusting land use duration, clearly defining the time of permission for adjustment and the form of adjustment, avoiding difficulties and problems arising in the process of practical application.

Delegate Tran Dinh Gia, National Assembly Delegation of Ha Tinh province. Photo: National Assembly.

Regarding the land price list (Article 7), delegate Tran Dinh Gia proposed to remove Clause 6, and at the same time, in Clause 4, proposed to add the case of determining land price stipulated in Clause 2, Article 257 of the 2024 Land Law, amending it to: "For the case of applying specific land price stipulated in Article 160, Clause 2, Article 257 of the 2024 Land Law, but by the effective date of this Resolution, the competent authority has not yet issued a decision on specific land price, the People's Committee at the provincial level shall decide on determining land price according to the provisions of this Resolution or continue to determine specific land price according to the provisions of the Land Law...".

According to delegate Tran Dinh Gia, the above amendment aims to ensure consistency in the implementation process, avoiding overlap or contradiction when applying regulations on land price determination at the transitional time.

Regarding the exploitation of land funds managed by the People's Committees at the commune level, delegate Tran Dinh Gia said that the 2024 Land Law only regulates short-term land leases for land funds managed by the Land Fund Development Center. In reality, the land funds managed by the People's Committees at the commune level, in addition to the public land area allowed for short-term lease, also have many other types of land that do not have regulations on temporary exploitation before land allocation and long-term stable land lease.

Currently, the People's Committee at the commune level has the authority to allocate and lease land for project implementation. Therefore, to avoid wasting land while waiting for the planning to be implemented, delegates proposed to add regulations allowing the People's Committee at the commune level to exploit and lease short-term land funds under its management, and at the same time apply the same procedures as for the Land Fund Development Organization.

Regarding the re-determination of residential land area, the 2024 Land Law allows the re-determination of residential land area for cases with documents under Article 137, but does not allow it for cases without documents under Article 137. This causes unfairness between land users with documents and those without documents under Article 137, while both cases have the right to be recognized as residential land under Articles 138 and 141.

To ensure consistency and meet local practical needs, delegate Tran Dinh Gia proposed to allow re-determination of residential land area for cases without land use right documents according to Article 137. In addition, to ensure fairness between those who were granted Certificates before and after July 1, 2004 but whose residential land area has not been correctly determined according to regulations, the delegate proposed to allow re-determination of residential land area for all cases that were granted Certificates before August 1, 2024.

Source: https://nongnghiepmoitruong.vn/de-xuat-lam-ro-va-danh-gia-tac-dong-cua-viec-thu-hoi-dat-dai-d785318.html