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'Land reclamation for economic development'

Báo Thanh niênBáo Thanh niên21/06/2023


On the morning of June 21st, the National Assembly discussed the amended Land Law after incorporating feedback from the public.

"Suspended" planning projects don't just last 5-10 years; sometimes it's 20 years, or even longer.

During the discussion, delegate To Van Tam reflected on the situation where planning documents are drawn up and approved, but implementation is slow or some aspects of the plan cannot be implemented.

'Thu hồi đất phát triển kinh tế - xã hội cần minh bạch, sòng phẳng với dân' - Ảnh 1.

Delegate To Van Tam ( Kon Tum delegation) presented his opinion for discussion.

This slow implementation isn't just 5-10 years; sometimes it's 20 years, or even longer. People often refer to this as "suspended" planning. Mr. Tam believes that "suspended" plans not only waste land resources and hinder socio-economic development but also cause difficulties and disrupt people's lives.

"Residents in 'suspended' planning zones live in constant anxiety and misery, unable to leave or stay. Their rights are not being given due respect. Amendments to the Land Law need clear and feasible regulations to eliminate this situation," Mr. Tam suggested.

Therefore, the Kon Tum delegation suggested removing the "vision" in land use planning, which is currently set at 10 years for district-level land use plans.

"The vision is merely an estimate or forecast, and forecasts may or may not be accurate. This can also be a contributing factor to 'suspended' planning. People only want the State to specifically define the duration of land use planning, or what their rights will be in the planned area," Mr. Tam analyzed.

Mr. Tam also proposed adding a provision to the article on the organization of land use planning and implementation that states: if the approved land use plan expires without the plan or project being implemented, the plan should be canceled.

Abuse of land acquisition for socio-economic development causes resentment and complaints.

The issue of land reclamation for socio-economic development in the national and public interest also received attention from many National Assembly deputies.

Representative To Van Tam said: "The issue of land reclamation for socio-economic development for national and public purposes needs to be extremely transparent and fair to the people."

'Thu hồi đất phát triển kinh tế - xã hội cần minh bạch, sòng phẳng với dân' - Ảnh 2.

Minister of Natural Resources and Environment Dang Quoc Khanh represented the drafting agency at the discussion session on the amended Land Law.

According to him, Resolution 18 of the 13th Central Committee of the Communist Party of Vietnam affirms the need to continue implementing the mechanism of self-agreement between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects.

However, the regulations on land acquisition, compensation, and support when land is acquired in the draft law do not clearly reflect this spirit, and many provisions are not favorable to the people.

Representatives from Kon Tum province proposed that land acquisition solely for national and public purposes should be clearly separated from land acquisition for purely commercial and profit-making purposes.

In cases where it is in the national or public interest, the State will reclaim the land and provide compensation and support according to the rules outlined in the draft; at the same time, additional policies will be implemented to encourage public participation.

"In fact, many people voluntarily donate land for roads, bridges, and schools without demanding any compensation. The government needs to have more policies to encourage this," Mr. Tam stated.

"Residents in 'suspended' planning zones live in constant anxiety and misery, unable to leave or stay. Their rights are not being given due respect. Amendments to the Land Law need clear and feasible regulations to eliminate this situation."

Delegate To Van Tam (Kon Tum delegation)

Regarding land expropriation for purely commercial and profit-driven purposes, Mr. Tam proposed that regulations should be based on mutual agreement, in line with the spirit of Resolution 18.

He suggested that regulations should stipulate that citizens can contribute land as capital, or that when land is being expropriated, the person whose land is being acquired should be a party in the valuation process.

If an agreement cannot be reached, the parties whose land is being expropriated can request an independent valuation agency. "If an agreement still cannot be reached, they can ask the court to resolve the matter, avoiding a situation where they refuse to accept any price," Mr. Tam stated.

Sharing the same view, delegate Le Huu Tri (Khanh Hoa delegation) argued that although the draft law has tried to specifically identify the list of projects for which the State will reclaim land for socio-economic development, for the national and public interest, it cannot list all the projects that will arise in the future.

'Thu hồi đất phát triển kinh tế - xã hội cần minh bạch, sòng phẳng với dân' - Ảnh 4.

Delegate Le Huu Tri (Khanh Hoa delegation)

Therefore, he suggested that a different legal framework should be designed to handle situations where projects necessary for socio-economic development, for the national and public interest, arise but are not included in the list of projects already stipulated in the law.

Mr. Tri analyzed that the 2013 Land Law lacked clear regulations, leading to many cases of abuse of the State's land acquisition for socio-economic development. This resulted in the seizure of land from land users when, in reality, the projects were not entirely for socio-economic development or for the national and public interest, but rather for the profit of investors and businesses.

"This causes resentment among land users and gives rise to many protracted and complex lawsuits. Therefore, the draft law needs to clearly stipulate that projects where the State reclaims land for socio-economic development must be for the national, public, or defense and security purposes, but must ensure that they are truly necessary and not for profit," Mr. Tri suggested.



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