On the morning of December 11th, the National Assembly passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law, with 428 out of 437 National Assembly deputies voting in favor.
With this resolution, the National Assembly decided to add a case where the State can reclaim land for national defense and security purposes to build drug rehabilitation centers managed by the people's armed forces.
The National Assembly also finalized the addition of three cases in which the State can reclaim land for socio -economic development in the national and public interest.
National Assembly delegates unanimously adopted a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law (Photo: Hong Phong).
One option is to undertake projects in free trade zones or in international financial centers.
Secondly, in cases where land is used for a project through an agreement on land use rights that has expired, but the agreement covers more than 75% of the land area and more than 75% of the land users, the Provincial People's Council shall consider and approve the revocation of the remaining land area to allocate or lease the land to the investor.
Thirdly, it involves creating land funds to pay for projects under Build-Transfer (BT) contracts, and to lease land for continued production and business activities in cases where organizations are using land that the State is reclaiming.
According to the National Assembly's resolution, the conditions for land acquisition for national defense, security, and socio-economic development in the national and public interest require the completion of the approval of compensation, support, and resettlement plans, and the arrangement of resettlement in accordance with the Land Law, except for the following cases:
- Land acquisition in cases where the compensation, support, and resettlement plan, which does not include resettlement arrangements, has been publicly posted but not yet approved for nationally important projects, urgent public investment projects as stipulated by the law on public investment, and for other projects if more than 75% of land users agree to land acquisition before the compensation, support, and resettlement plan is approved;
- Land acquisition before completion of resettlement arrangements is required for urgent public investment projects as stipulated by the law on public investment, projects implementing on-site resettlement, and projects where resettlement arrangements are along the main construction route;
- The government shall specify the details of land acquisition before approving the compensation, support, and resettlement plan, and land acquisition before completing the resettlement arrangements.
Minister of Agriculture and Environment Tran Duc Thang presents a report explaining the acceptance of feedback on the draft resolution (Photo: Hong Phong).
The National Assembly assigns the provincial People's Committees the authority to regulate the arrangement of temporary housing, the duration and cost of temporary housing for cases where land is reclaimed before resettlement arrangements are completed.
The competent authority decides on land acquisition based on the progress of the investment project or the progress of compensation, support, and resettlement.
Regarding land prices used for calculating land compensation, the National Assembly resolution clearly states that "the land price shall be calculated according to the land price in the land price table and the land price adjustment coefficient stipulated in this Resolution."
In cases where compensation is provided in the form of on-site residential land and the land price at the compensated location is not included in the land price list, the competent authority shall base its decision on the land price in the land price list for a similar location to determine the land price for calculating land use fees at the resettlement site in the compensation, support, and resettlement plan.
The People's Committee at the commune level is responsible for reporting to the People's Committee at the provincial level to submit to the Provincial People's Council for inclusion in the land price list at the nearest meeting.
The National Assembly stipulates that before issuing a decision to revoke land, the competent authority must send a notice of land revocation to the landowner, the owner of assets attached to the land, and any related rights and obligations (if any) at least 60 days in advance for agricultural land and 120 days in advance for non-agricultural land.
Regarding land price adjustment coefficients, the resolution states that the Provincial People's Committee decides to issue land price adjustment coefficients applicable from January 1st of each year. If necessary, the Provincial People's Committee may decide to amend or supplement the land price adjustment coefficients within the year or for each area or location for application.
The provincial People's Council will decide on the land price list, announce and apply it from January 1, 2026, and amend or supplement the land price list as necessary.
This resolution shall take effect from January 1, 2026.
Source: https://dantri.com.vn/thoi-su/quoc-hoi-chot-them-3-truong-hop-nha-nuoc-duoc-thu-hoi-dat-20251211090610882.htm
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