The Ho Chi Minh City People's Committee has just sent a document to the Ministry of Agriculture and Environment stating that currently, in the city, there are many projects implementing compensation, support, and resettlement according to the 2024 Land Law (land recovery for national defense and security purposes; socio-economic development for national and public interests), and have issued land recovery notices since the effective date of the 2024 Land Law (August 1, 2024).
According to the provisions of Clause 5, Article 85 of the 2024 Land Law, the Land Reclamation Notices issued under the 2024 Land Law are effective for 12 months from the date of issuance of the land reclamation notice.
However, through the actual implementation of compensation, support and resettlement of projects in the City, a number of objective reasons have arisen that affect the progress of project implementation, such as: the organization of the two-level local government apparatus; the work of investigation, survey, measurement, counting, confirmation of legal documents, establishment, appraisal and approval of compensation, support and resettlement plans for projects with a relatively large number of affected cases; the collection of relevant legal documents to carry out compensation, support and resettlement for cases with complicated origins of houses and land.
Many large projects in Ho Chi Minh City are facing difficulties due to compensation and resettlement (illustrative photo) |
All of the above reasons lead to the project implementation time not being guaranteed and not being guaranteed within the time limit of the Land Reclamation Notice according to the provisions of the 2024 Land Law .
Meanwhile, the 2024 Land Law and the Decrees and Circulars guiding its implementation do not stipulate extensions or re-issuance, etc., leading to difficulties and obstacles in the process of site clearance. Meanwhile, the land recovery notice is the basis for issuing a land recovery decision. Therefore, when the Notice expires, it will not ensure the legal basis for issuing a land recovery decision. If a new Land Recovery Notice is issued, it will slow down the project's progress and affect the progress of public investment disbursement.
Based on the above assessment, in order to have a basis to consider and resolve problems related to compensation, support and resettlement of projects to ensure the legal basis for issuing land recovery decisions as well as ensuring the acceleration of public investment disbursement progress in 2025 to reach 100% of the capital plan assigned under the direction of the Prime Minister, the People's Committee of Ho Chi Minh City proposed the Ministry of Agriculture and Environment to guide the handling of land recovery notices issued after August 1, 2024, which will expire.
Source: https://baodautu.vn/tphcm-kien-nghi-bo-nong-nghiep-va-moi-truong-huong-dan-de-giai-cuu-cac-du-an-lon-d394405.html
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