Continuing the 10th Session program, on the afternoon of December 1, the National Assembly discussed in the hall the draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
Ensuring the legitimate rights of people whose land is recovered
One of the issues that many delegates are still concerned about is the land recovery mechanism when the project has agreed on over 75% of the area and over 75% of the land users agree.
Delegate Ha Sy Dong ( Quang Tri Delegation) said that this is an important but also the most sensitive point, directly affecting the property rights of citizens protected by the Constitution. If the regulations are not strict, the risk of prolonged complaints, loss of consensus, and even creating social hotspots is entirely possible.
Regarding compensation when the State reclaims the remaining land, the latest draft proposes two options.
Option 1: Compensation, support and resettlement are implemented as in cases of State land acquisition as prescribed in the 2024 Land Law.
Option 2 is implemented as option 1, but if the total compensation and support amount received per unit area is lower than the average of the previously agreed land price, the person whose land is recovered will receive the difference.
The investor must pay this difference to the person whose land is recovered and it will be included in the project investment cost.
The majority of delegates agreed with option 2. According to delegate Do Thi Viet Ha ( Bac Ninh delegation), if this option is implemented, it will ensure the legitimate rights of people whose land is recovered in cases where the project has agreed on more than 75% of the land area.
The addition of a payment mechanism for the difference helps people receive compensation that is not lower than the agreed price level, ensuring fairness, limiting complaints and being consistent with the nature of the self-negotiation mechanism when reclaiming the remaining area. The difference is paid by the investor and included in the project cost, so it will not increase the budget burden.
Delegate Dang Thi My Huong (Khanh Hoa Delegation) said that the regulation under the second option will partly overcome the limitation of applying compensation prices that are often lower than market prices, causing disadvantages to people whose land is recovered. This regulation also clearly defines the financial responsibility of investors, so it will be more convenient to implement.
Delegate Nguyen Thi Thu Thuy (Gia Lai Delegation) requested that the Drafting Committee clarify the basis for determining 75%, and clarify which projects this regulation applies to because in essence, projects will be different in scale and area.
“The rate of 25% of households not agreeing also potentially causes social instability, security and order in the locality, and administrative complaints and lawsuits related to land,” said delegate Thuy.
Delegate Nguyen Thi Viet Nga (Hai Phong City Delegation) also chose option 2, because although option 1 has the advantage of simple procedures and reduced costs for investors, it creates a large difference between households in the same land acquisition area, easily giving rise to complaints.
Option 2 has more harmony between the interests of the State, people whose land is recovered and investors.
“This plan ensures fairness, ensuring that people in the remaining area receive compensation at a level not lower than the average price previously agreed upon with households. This not only protects the legitimate rights of those whose land is recovered, but also minimizes the risk of disputes and lawsuits,” said delegate Nga.
Assign the Provincial People's Council to consider and decide on the recovery of the remaining land area.
Reporting and clarifying a number of contents raised by National Assembly deputies, Minister of Agriculture and Environment Tran Duc Thang said that Article 79 of the 2024 Land Law specifically stipulates 31 cases where the State recovers land for socio-economic development in the national and public interest.
However, to promote the country's socio-economic development in the new situation, with the target of double-digit growth, it is necessary to add some cases of land recovery.
Cases of proposed land recovery include: projects in free trade zones, international financial centers; land recovery to create land funds for project payments under BT contracts, and land fund creation for land lease to continue production and business in cases where organizations are using land but have their land recovered by the State.
Next is land recovery for the remaining area of the project when the investor has agreed on over 75% of the area and received consensus from over 75% of the number of land users within the scope of project implementation.
Regarding the case of land recovery when the project has agreed on over 75% of the area and over 75% of the land users agree, Minister Tran Duc Thang stated that the drafting agency determined that this is a "special" case of land recovery, which needs to be carefully considered and evaluated in terms of socio-economic, security, order, social safety and protection of the legitimate rights and interests of the people.
Therefore, the draft Resolution assigned the Provincial People's Council - the local State power agency, representing the will, aspirations and mastery of the people to consider and decide whether or not to reclaim the remaining land area when the investor has agreed on over 75% of the area and over 75% of the number of land users.
The draft resolution also proposes two compensation options when the State reclaims the remaining land. “Based on the opinions of the National Assembly delegates discussed in groups and today, the Government will coordinate with the appraisal agency to study and select an option to consider reporting to the National Assembly,” the Minister of Agriculture and Environment responded.
Regarding some opinions of delegates suggesting to consider regulations allowing land recovery before approving compensation, support and resettlement plans, Minister Tran Duc Thang explained that this mechanism only applies to important national projects, urgent public investment projects according to the law on public investment and projects that receive the consensus of the majority of people for project implementation.
“The Government will specify in detail the procedures and processes to ensure democratic, objective, fair, public, and transparent implementation of the rights and legitimate interests of people whose land is recovered,” the Minister of Agriculture and Environment stated.
Source: https://nhandan.vn/thu-hoi-dat-khi-du-an-da-thoa-thuan-tren-75-dien-tich-la-truong-hop-dac-biet-post927235.html
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