Compensation and support content is not clearly defined.

According to National Assembly delegate Tran Dinh Van (Deputy Secretary of the Provincial Party Committee, Head of the National Assembly Delegation of Lam Dong Province), the content of compensation and support is not yet clearly defined. Issues such as support for rent during temporary residence, support for stabilizing life, and support for vocational training as currently regulated are actually damages that people whose land is recovered must bear, the State is forced to compensate, not support.

Secretary of the Provincial Party Committee, Head of the National Assembly Delegation of Thai Nguyen Province, Head of National Assembly Delegation No. 7 Nguyen Thi Thanh Hai chaired the discussion at the group.

Delegate Tran Dinh Van said that the draft Land Law (amended) has added general principles on compensation and resettlement support when the State reclaims land instead of separate regulations on principles for support activities such as principles of land compensation, property compensation and principles of State land reclaim according to the 2013 Land Law.

Therefore, delegate Tran Dinh Van proposed that the draft Land Law (amended) should supplement compensation for damage to property attached to land according to the principle of compensation for damage in civil law to both ensure the rights of the people and ensure consistency between the Land Law and the 2015 Civil Code.

Explaining his proposal, delegate Tran Dinh Van stated his point of view: Land belongs to the entire people, with the State representing the owner. When reclaiming land, the State has the right to apply a compensation mechanism according to the State's will, specifically expressed in the method and plan for approving compensation and resettlement support. However, with assets on land such as houses, construction works, and crops owned by the people, the State must implement a civil agreement mechanism on compensation for damages, not according to administrative methods.

Also related to compensation and resettlement support, delegate Tran Dinh Van stated that in Lam Dong, there were cases where land was recovered from people, but resettlement arrangements were delayed, leading to increased land prices. People had to bear the increased land prices, leading to complaints, but officials who made mistakes were not held responsible.

From there, the delegates suggested that it is necessary to set up regulations to clearly define responsibilities in cases of delayed resettlement arrangements or delayed payment of compensation for resettlement support. Later, due to increased land prices, the State adjusted the land use fees that people had to pay for resettlement land. Meanwhile, the fault was not with the people whose land was recovered. "That was a mistake by the officials performing the task of compensation and site clearance, and we cannot force people to bear it," said delegate Tran Dinh Van.

Add many regulations that have been proven to be appropriate in practice

According to the Government's submission on the draft Land Law (amended), the draft Land Law (amended) has added many provisions in the decrees that have been proven to be appropriate in practice, ensuring the legitimate rights and interests of people whose land is recovered, creating consensus, reducing complaints; and at the same time creating favorable conditions for localities in organizing implementation.

Specifically, compensation, support and resettlement when the State reclaims land must ensure democracy, objectivity, fairness, publicity, transparency, timeliness and compliance with the provisions of law. People whose land is reclaimed are compensated for damage to land, property attached to land, investment costs on land, damage due to suspension of production and business; are supported in vocational training and job search, supported in stabilizing life and production, and resettlement support when the State reclaims residential land; are given priority in choosing the form of compensation in cash if they need to be compensated in cash. The compensation land price is the specific land price of the type of land reclaimed at the time of approval of the compensation, support and resettlement plan.

The resettlement area must complete the conditions of technical infrastructure and synchronous social infrastructure according to the detailed planning approved by the competent authority; must be consistent with the cultural traditions and customs of the residential community where the land is recovered. The resettlement land price is the specific land price at the time of approval of the compensation, support and resettlement plan.

Diversify forms of compensation, regulations on procedures for compensation, support, resettlement arrangements and responsibilities of authorities at all levels and agencies at each step of the work.

Supplementing regulations on support for training, career conversion, and job search for individuals who are social protection beneficiaries, beneficiaries of monthly social allowances, war invalids, sick soldiers, families of martyrs, etc.

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