Before land acquisition, resettlement area must be completed.
Specifically, in Clause 6, Article 91 of the 2024 Land Law, for the first time, it is stipulated that the resettlement area must complete the conditions of technical infrastructure and synchronous social infrastructure according to the detailed planning approved by the competent authority; at the same time, it must be consistent with the cultural traditions, customs and practices of the residential community where the land is recovered. The resettlement area can be arranged for one or more projects. The provincial People's Committee, the district People's Committee and soon the ward and commune People's Committee according to the 2-level local government model are responsible for organizing the establishment and implementation of resettlement projects to ensure proactiveness in arranging resettlement for people whose land is recovered.
Approval of compensation, support, resettlement plans and resettlement arrangements must be completed before a decision on land acquisition is made.
(Excerpt from Clause 6, Article 91, Land Law 2024)
The 2024 Land Law stipulates the principles of compensation, support and resettlement when the State acquires land. Accordingly, compensation, support and resettlement when the State acquires land must ensure democracy, objectivity, fairness, publicity, transparency, timeliness and compliance with the provisions of law; for the common good, sustainable, civilized and modern development of the community and locality; paying attention to social policy beneficiaries and direct agricultural production beneficiaries.
Land compensation is carried out by allocating land with the same purpose of use as the type of land recovered. In case there is no land for compensation, compensation will be made in cash according to the specific land price of the type of land recovered as decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan. In case the person whose land is recovered is compensated in land or housing but has a need for compensation in cash, he/she will be compensated in cash according to the wishes registered when preparing the compensation, support and resettlement plan.
If the person whose land is recovered has a need and the locality has conditions for land fund and housing fund, compensation will be considered with land of a different purpose than the type of recovered land or with housing.
In addition to the above cases, according to Articles 78 and 79, the 2024 Land Law also allows that if the remaining area of the land plot after recovery is smaller than the minimum area prescribed by the Provincial People's Committee on the minimum area of the Land Law, if the land user agrees to recover the land, the competent People's Committee shall decide to recover the land and carry out compensation, support, and management of this land area according to the provisions of law. The compensation and support costs in the case of land recovery in this case shall be included in the compensation, support, and resettlement costs of the project.
Mr. Cao Quang Trung - Director of the Provincial Land Fund Development Center shared: In Nghe An , on the basis of the 2024 Land Law and Decree 88/2024/ND-CP, the People's Committee of Nghe An province issued Decision No. 33/2024/QD-UB dated September 30, 2024 (effective from October 10, 2024) with many specific regulations on compensation, support, and resettlement when land is recovered. It must be admitted that this is a new, different, and progressive regulation of the 2024 Land Law compared to previous regulations. The regulation creates favorable conditions and forces localities to be more determined to balance the budget, allocate resources, and reserve clean land to build resettlement areas as a basis for land recovery for projects.
In fact, not only in Nghe An but also in other localities, there are resettlement areas that are not invested in accordance with regulations and lack synchronization, and do not have social infrastructure for resettled people. This has led to the situation that social housing areas and houses in resettlement areas in districts and towns in recent times, although they have land or houses, due to the lack of synchronous technical and social infrastructure, they are not used, many resettlement houses are abandoned, degraded, causing waste...
Therefore, the above regulation has contributed to overcoming the limitations and shortcomings of the previous 2013 Land Law, which only stipulated that upon completion of construction of housing/infrastructure of the resettlement area, a decision on land recovery and a decision on approval of compensation, support and resettlement plan must be issued on the same day (according to Point a, Clause 3, Article 69, Clause 3, Article 85).
Technical infrastructure and social infrastructure of resettlement areas must be synchronous.
Unlike before, the 2024 Land Law has more specific regulations on criteria for synchronous technical infrastructure and social infrastructure. Specifically, resettlement areas must ensure the following conditions: technical infrastructure of resettlement areas must at least meet new rural standards for rural areas, and urban standards for urban areas, including: roads ensuring connection with neighboring areas, lighting and electricity, water supply and drainage systems, communications, and environmental treatment. Provincial and district People's Committees (soon to be commune level) are responsible for establishing and implementing resettlement projects and resettlement areas in accordance with the provisions of law.
Meanwhile, the social infrastructure of resettlement areas must ensure access to health care,education , sports, commercial markets, services, entertainment, etc. In addition, the 2024 Land Law also stipulates that resettlement areas must be designed in accordance with the conditions, customs, and practices of each region.
To create the most favorable conditions for people whose land is recovered, the 2024 Land Law (Article 110) stipulates the selection of resettlement locations in the following order of priority: (1) at the commune-level administrative unit where the land is recovered; (2) at the district-level administrative unit where the land is recovered in cases where there is no land for resettlement in the commune-level administrative unit where the land is recovered; (3) at another location with equivalent conditions in cases where there is no land for resettlement in the district-level administrative unit where the land is recovered; (4) priority is given to selecting land plots with favorable locations to form resettlement areas.
Recently, at the Government meeting with localities on accelerating the progress of the 1 million social housing project, the Prime Minister emphasized that reserving land for construction and development of social housing funds does not mean that localities must allocate unfavorable land locations that cannot be auctioned to build social housing, but must choose locations that are also convenient for people to live and travel. This requirement is also consistent with the regulations on compensation and resettlement in the Land Law through the periods when it always requires new and resettled housing to be better than or equivalent to the place where the land is recovered.
To resolve practical difficulties, the State also stipulates cases where the State reclaims land in a shortened order. Accordingly, in Article 79 of the 2024 Land Law, there are 31 cases of compensation and support implemented in a shortened order, the construction of synchronous technical infrastructure and social infrastructure must still be ensured and can be carried out simultaneously with the implementation of investment projects and land reclaimation.
To ensure strictness, Article 83 of the 2024 Land Law and especially Decree 88/2024/ND-CP stipulates that the Provincial People's Committee shall recover land from domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital in the cases specified in Articles 81 and 82 of this Law . District-level People's Committees (soon to be commune-level People's Committees) shall recover land for national defense and security purposes without distinction between land users, organizations and individuals who are managing and possessing land; recover land from households, individuals and communities in cases such as land recovery due to violations of land laws, land recovery due to termination of land use according to law, voluntary return of land; land recovery due to landslides and subsidence leading to land loss.../.
Source: https://baonghean.vn/luat-dat-dai-moi-muon-thu-hoi-dat-phai-hoan-thanh-dong-bo-khu-tai-dinh-cu-10300730.html
Comment (0)