On the afternoon of April 27, in Hanoi , the Standing Committee of the Central Committee of the Vietnam Fatherland Front held the second conference on social criticism of the draft Land Law (amended).
At the conference, opinions focused on institutionalizing regulations related to the Vietnam Fatherland Front in the draft Land Law (amended) in the spirit of Resolution No. 18-NQ/TW; criticizing contents related to land policies for ethnic minorities; giving specific comments to perfect policies and laws related to religious land...
The opinions also directly contributed to the provisions of the draft Law to ensure the legitimate and legal rights and interests of people whose land is recovered, create consensus, reduce complaints and lawsuits, facilitate easy application by localities, speed up compensation, support and resettlement; propose to clarify the provisions on removing the land price framework in the spirit of Resolution No. 18-NQ/TW, the impact of removing the land price framework, the implementation roadmap and how it should be specifically regulated in the draft Land Law...
Giving comments on the institutionalization of regulations related to the Vietnam Fatherland Front in the draft Land Law (amended), Prof. Dr. Tran Ngoc Duong, Chairman of the Advisory Council for Democracy and Law, Central Committee of the Vietnam Fatherland Front, suggested that the draft Law should clearly stipulate the Front's participation in providing opinions and social criticism on draft laws, ordinances and other draft documents related to the legitimate rights and interests of the People in land management and use. Recommend to competent state agencies to amend, supplement and abolish legal documents that are contrary to the Constitution and land laws.
In particular, the Front must supervise society in the implementation of land laws and policies related to the legitimate rights and interests of the People, union members, and its organizations. Represent and protect the legitimate rights and interests of the People regarding land by receiving citizens and participating in the settlement of complaints and denunciations in accordance with the provisions of law.
Prof. Dr. Tran Ngoc Duong proposed that land allocation, land lease, and land use purpose conversion should include a provision on the responsibility of the Vietnam Fatherland Front at all levels in supervising the implementation of legal policies on land recovery, land requisition, compensation, resettlement support, and land recovery, as well as in land allocation, land lease, and land use purpose conversion that are not approved by the people or are complained about.
Also giving comments on the role of the Vietnam Fatherland Front in land use management, Chairman of the Vietnam Bar Federation Do Ngoc Thinh said that the draft Law needs to supplement the responsibilities of the Vietnam Fatherland Front and its member organizations, and should not be stipulated in just one article (Article 20) as in the draft, but should be stipulated in all chapters. The Vietnam Fatherland Front and its member organizations should not only give opinions on land use planning and plans; give opinions on necessary cases of land recovery, compensation plans, resettlement support, and forced land recovery, but must also participate in exercising the rights and responsibilities of monitoring and providing social criticism in the implementation of these tasks.
Giving comments to improve policies and laws related to religious land, former Vice President of the Central Committee of the Vietnam Fatherland Front Ngo Sach Thuc said that in the draft Land Law (amended), the regulations directly related to religious land have initially been institutionalized and many comments have been received, however, there are still many unclear points that are very difficult to implement.
Mr. Ngo Sach Thuc suggested that the draft Law should add an explanation of what is religious land? What is religious land to be consistent with the 2013 Constitution and the Law on Belief and Religion. Because the current understanding is very different. Along with that, the provisions on planning, land use plans, and land classification in the Law must mention religious land more clearly. Add "religious land" in provincial planning, "religious land" in district-level land use planning and plans.
Mr. Ngo Sach Thuc also recommended that the Land Law (amended) must clearly specify the types of religions that are allowed to rent land to comply with the policy: "religious organizations using land for other purposes must pay land rent to the State according to the provisions of law to save land and use land effectively", avoiding taking advantage of the policy to "hold land", "speculate" on land, and waste land without using it.
Giving direct comments on the priority of land allocation and land lease for ethnic minorities, Dr. Nguyen Van Hung, former Deputy Head of the Central Committee for Mass Mobilization, proposed to add to the draft Land Law (amended) the provision that "Residential land and production land formed from the State budget allocated (priority) to ethnic minorities to implement ethnic policies cannot be bought, sold, transferred or leased" (this clause can be added to Article 17). Along with that, the draft Law should add the provision that "there is a policy to support ethnic minorities in carrying out administrative procedures for granting Land Use Right Certificates" in a public, transparent and responsible manner to the people.
Receiving the frank and enthusiastic opinions of delegates on the draft Land Law (amended), Vice President of the Central Committee of the Vietnam Fatherland Front Truong Thi Ngoc Anh said that experts and scientists have focused on researching and giving opinions on key issues, with the hope of soon overcoming the conflicts in the land sector that still exist in reality.
Vice President of the Vietnam Fatherland Front Central Committee Truong Thi Ngoc Anh affirmed that the opinions expressed at the Conference will be fully absorbed and reflected in the report of the Vietnam Fatherland Front Central Committee. The social criticism report (2nd time) will be sent by the Standing Committee of the Vietnam Fatherland Front Central Committee to the Government and relevant agencies to adjust the laws in accordance with the actual situation./.
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