Avoid abusing land acquisition for BT projects, need more transparent and consistent mechanism

On the afternoon of December 1, the National Assembly discussed in the hall the draft Resolution on removing obstacles in implementing the Land Law. At the discussion session, delegate Nguyen Duy Thanh, Vice Chairman of the Ca Mau Provincial Business Association, member of the National Assembly's Economic and Financial Committee, belonging to the National Assembly Delegation of Ca Mau Province, made a series of notable recommendations, going straight to the "bottlenecks" related to BT (build-transfer) projects and land recovery mechanisms.

Delegate Nguyen Duy Thanh spoke at the hall.

Land acquisition for BT projects: Clear boundaries needed to avoid exploitation

According to delegate Nguyen Duy Thanh, many localities are "stuck" in reclaiming land to create a land fund to pay for BT projects. However, if there is no clear boundary between "national and public interests" and other objectives, the risk of abuse is very high. "The mechanism of reclaiming land for public interests cannot be transformed into reclaiming land to pay investors" - delegate Nguyen Duy Thanh emphasized.

From there, delegate Nguyen Duy Thanh proposed: Clearly define in which cases the State is allowed to reclaim land; publicize all information on BT projects, especially projects using land for payment; increase accountability, supplement reporting and monitoring mechanisms; establish principles for determining land use rights value according to strict standards to avoid loss of public assets.

Transitional BT contract: Land price must be determined at a clear time

Another hot issue analyzed by delegate Nguyen Duy Thanh is determining land prices for BT contracts in transition - an area at risk of disputes arising due to changes in the law.

According to delegate Nguyen Duy Thanh, the draft Resolution needs to define a clear legal time as the basis for calculating land prices: the time of signing the BT contract or the time of project completion or the time of land delivery and payment.

For BT contracts signed before the 2024 Land Law takes effect, delegate Nguyen Duy Thanh proposed allowing the application of the time of document preparation, project establishment or project completion to calculate land prices, ensuring fairness and limiting litigation risks.

Reaching 90% of households' consensus: need to allow the recovery of the remaining part

The draft proposes to reclaim the remaining area only when 75% of households and 75% of the area agree. However, delegate Nguyen Duy Thanh said that this regulation still does not meet the reality.

Delegate Nguyen Duy Thanh cited many projects that achieved 90% consensus, only "stuck" with a few households or a few hundred square meters but lasted for many years, increasing costs and hindering local development.

Therefore, delegate Nguyen Duy Thanh proposed adding a case allowing land recovery when reaching 90% of the area or 90% of households or more - a level sufficient to reflect the will of the majority and create conditions to speed up infrastructure projects.

Source: https://www.camau.gov.vn/thoi-su-chinh-tri/tranh-lam-dung-thu-hoi-dat-cho-du-an-bt-can-co-che-minh-bach-va-nhat-quan-hon-291794