Expected to add 3 cases of land recovery by the State

The Government proposes to apply a land price list according to each land type, area, and location to calculate financial obligations and compensation when the State reclaims land.

According 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, which has just been sent by the Government to the National Assembly, the land price list for each type of land, area, and location will be applied to calculate financial obligations and compensation when the State reclaims land instead of determining specific land prices.

The draft also stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, focusing on solving groups of issues on land recovery, compensation, support, resettlement; land allocation, land lease, change of land use purpose; land finance and land prices; implementation of rights, land use regime, land registration, assets attached to land, granting certificates, land division, land consolidation; land information system, and land dispute resolution.

Notably, in addition to the cases already stipulated in the Land Law, the draft adds three cases in which the State reclaims land for socio -economic development in the national and public interest.

Firstly , land acquisition to implement projects in free trade zones and projects in international financial centers.

Second , in the case of using land to implement a project through an agreement on receiving land use rights that has expired and must complete the agreement or has expired and must complete the agreement, but has agreed on over 75% of the land area and over 75% of the number of land users, the Provincial People's Council shall consider and approve the recovery of the remaining land area to allocate or lease land to the investor.

Third , land recovery to create land fund for project payment under BT contract, land lease for continued production and business in case of organizations using land that the State recovers as prescribed in Article 78 and Article 79 of the Land Law.

Another important amendment compared to the current one is that the land price for calculating land compensation as prescribed in Clause 2, Article 91 of the Land Law and the resettlement land price as prescribed in Clause 3, Article 111 of the Land Law are calculated according to the land price in the land price table and the land price adjustment coefficient prescribed in this resolution.

The Government explained that applying the land price list instead of specific land prices will be transparent, easy to calculate, facilitating application; overcoming current difficulties in determining specific land prices. The regulation of land use fee and land rent collection rates for each form of land use, land type, and infrastructure costs as a basis for determining land use fees and land rents together with the land price list, ensuring convenience, accuracy, and suitability for each form of land use, land type, and specific area.

The submission clearly states that the proposal to apply land price list, basis for calculating land use fees, land rent, and compensation when the State reclaims land is based on an analysis of the advantages and disadvantages of applying specific land prices according to current regulations and applying land price list according to the draft resolution.

The draft resolution will be submitted to the National Assembly for consideration and approval at the 10th session (opening this morning, October 20).

MR. PHUONG

Source: https://www.sggp.org.vn/du-kien-bo-sung-3-truong-hop-nha-nuoc-thu-hoi-dat-post818939.html