Land acquisition when 75% agreement is reached and the challenge of balancing interests.

In the draft submitted for comments, one regulation that has attracted significant attention from the business community is: when a project has reached an agreement on land use rights transfer with more than 75% of the area and more than 75% of the households, but the agreement is not completed within the deadline or extended period, the provincial People's Council may consider revoking the remaining land to allocate it to the investor to continue implementing the project.

The "negotiation" mechanism is a crucial step towards marketizing land relations: businesses negotiate directly with residents, and the State does not intervene administratively. It helps many projects implement faster, reflecting the true market value of the land. However, in reality, many projects only achieve 70-80% agreement, with the remainder "stuck" due to disagreements from a few households, causing project delays and increased social costs.

Therefore, the regulation allowing the reclamation of the remaining land when over 75% of the area is reached is seen as an intermediate step between two mechanisms: market-based negotiation and state-planned land reclamation. It opens up opportunities for hundreds of infrastructure projects, industrial parks, and urban areas to be restarted – something the economy desperately needs to realize its double-digit growth targets in the coming years.

However, like any groundbreaking policy, this regulation both opens up opportunities and carries risks. According to the draft Resolution, when the State reclaims the remaining land area, the compensation will be calculated based on the land price in the land price list and the land price adjustment coefficient. This could lead to a situation where the price agreed upon by the enterprise with the people is the market price, resulting in a significant difference from the land price in the land price list. This could lead to complaints from the people, affecting and delaying the project's implementation.

A more reasonable solution, proposed by the Vietnam Federation of Trade and Industry, is to place the State in the role of intermediary between businesses and people to negotiate prices. If an agreement still cannot be reached, the State will proceed with land reclamation.

This approach maintains transparency while ensuring the legitimate rights of both citizens and investors. For the "State as Mediator" model to operate effectively, a clear legal framework is needed, defining the lead negotiating agency, the process, the number of negotiation rounds, and the deadline, avoiding formality or prolonged procedures. The State could also organize tripartite negotiations, with the participation of independent valuation organizations and representatives from local governments. Therefore, an independent and professional land valuation system is necessary to ensure objectivity and prevent vested interests. Furthermore, a supervisory mechanism involving elected bodies, the Fatherland Front , etc., plays a crucial role.

Land acquisition upon reaching 75% agreement can help resolve the long-standing issues raised by businesses, but it also impacts those whose land is acquired. Therefore, the agency drafting the Resolution needs to continue carefully considering policy options to ensure a balance of interests among all parties, helping to use land more efficiently and contributing to national development.

Source: https://daibieunhandan.vn/thu-hoi-dat-khi-dat-75-thoa-thuan-va-bai-toan-can-bang-loi-ich-10394004.html