Better protection of the legitimate rights of people whose land is recovered
- The 2024 Land Law stipulates 32 cases of land recovery for socio -economic development for national and public interests. What is your assessment of this?
- In the process of amending the Land Law, the two most difficult issues that received the most comments were land prices and land recovery, compensation, and resettlement support.
Regarding land recovery, Article 79 of the 2024 Land Law stipulates 32 cases in which the State recovers land for socio-economic development for national and public interests. This has overcome the "lack" point of the 2013 Law, which is that this concept has not been specifically regulated, leading to land recovery that is not in accordance with regulations, even abusing power to recover land, causing disputes and prolonged complaints. Such specific regulations are also easy for localities to implement, while creating favorable conditions for people, people whose land is recovered, and public opinion to monitor the activities of competent state agencies.
In addition, Clause 32, Article 79 stipulates that in cases of land recovery for 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 them according to the simplified procedures. This creates a legal basis for handling future situations that may arise where land recovery is required that lawmakers have not anticipated.
- Along with important amendments in land acquisition, the 2024 Land Law also clearly stipulates compensation, support, and resettlement in the direction of expanding the rights of people whose land is acquired. What is your opinion?
- I think a bright spot of the 2024 Land Law is that there are more effective and better regulations to protect the legitimate rights and interests of people whose land is recovered, making the land recovery mechanism more flexible. That is clearly shown in the following basic points.
Firstly, by removing the land price framework prescribed by the Government , the Law assigns the provincial People's Committee the authority to determine the land price list according to the principles and methods of land valuation. One of the principles of determining land prices is according to market principles. This ensures more flexibility in determining land prices according to market principles and enhances the responsibility of local authorities.
Second, in the case of land recovery, before making a decision on recovery, resettlement arrangements must be completed; at the same time, the approval of compensation and resettlement support plans must be completed before making a decision on land recovery.
Furthermore, the compensation, support and resettlement mechanism is very flexible. Accordingly, land compensation is carried out by allocating land with the same purpose of use as the recovered land. In case there is no land for compensation, compensation will be made in cash according to the specific land price of the recovered land type 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 by land or housing but has a need for compensation in cash, he/she will be compensated in cash according to the wishes registered when making the compensation, support and resettlement plan...
Focus on training human resources to build land price tables
- There are concerns that if the compensation, support and resettlement prices for people whose land is recovered are determined too high, it will affect attracting investors to implement projects in remote and difficult areas, sir?
- This is an issue that needs to be addressed, that is, ensuring the harmony of interests between the land-recovered person, the State and the investor. However, "harmonization" of interests is a qualitative factor that needs to be specified in detail with specific quantitative criteria in order to be effectively implemented. In the Government's guiding Decree, the issue of "harmonization" of interests of the parties in the land-recovery relationship must be deciphered with specific and detailed quantitative criteria.
Korea's experience is that they propose a compensation plan based on the principle of relative consensus, meaning that if 80% or more of the people whose land is recovered agree, the plan will be approved; otherwise, it will have to be reviewed and adjusted accordingly. In Singapore, the State proposes a land price list based on the determination of specialized agencies on land valuation. If the people whose land is recovered do not agree, they have the right to hire another independent land valuation organization to determine the price, and the fee for hiring this valuation organization will be paid by the State. In case the valuation organization hired by the people and the State do not agree on the land price, the court will be the final judge.
- The Government is proposing to bring the 2024 Land Law into effect early from August 1, 2024. What do you think?
- In theory, I strongly support the early implementation of the Law, because there are many new and excellent regulations that, if implemented early, will certainly have a positive impact on the country's economic and social development. However, it is necessary to prepare well and fully ensure the conditions so that when the 2024 Land Law is implemented, it can truly bring about positive effects.
To do so, first of all, it is necessary to carry out well the dissemination and education of the law so that the whole society can understand and absorb the new spirit of the Law, thereby applying it correctly and complying with it. Next, it is necessary to build a system of legal documents that provide complete, unified and synchronous guidance. Along with that, it is necessary to pay attention to the work of inspection, examination, supervision and handling of violations of the law...
In particular, according to the provisions of the Law, the Provincial People's Committee shall develop and submit to the People's Council of the same level for decision the first land price list for promulgation and application from January 1, 2026. In the context of limited time, this is a great pressure for many localities, requiring from now on to focus on training both the quantity and quality of human resources specializing in land valuation; clearly defining the methods and principles for determining land prices; building and perfecting a specific and detailed land information database system for each plot of land and integrating it with the national population database system.
Thank you!
Source: https://daibieunhandan.vn/dien-dan-quoc-hoi-va-cu-tri/nghi-dinh-huong-dan-phai-giai-ma-duoc-yeu-to-hai-hoa-loi-ich-i376222/
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