Why add "The State reclaims the agreed project land area of ​​75% of the area?"

(Dan Tri) - The reason for adding the case of the State reclaiming land for projects with agreed areas of over 75% of the area and over 75% of the land users, according to the explanation, is to avoid "suspended projects", causing waste of land resources.

The Ministry of Agriculture and Environment (the agency in charge of drafting the resolution) has sent a report to the National Assembly delegates, intending to receive and explain the review opinions of the Economic and Financial Committee and the National Assembly delegates in the discussion session in groups on the draft Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.

This content will be discussed by the National Assembly in the hall during the working session on the afternoon of December 1.

Proposing 2 land recovery options

Regarding land acquisition, compensation, and resettlement support, the Economic and Financial Committee (the examining body) recommends continuing to conduct thorough and cautious research and assessing the impact of the policy.

Some opinions say that adding cases of land recovery should be carefully considered, ensuring the provisions of the Constitution, avoiding affecting people's rights.

Therefore, it should not be applied widely before a specific impact assessment is made. It is possible to report to the competent authority to allow the application of a pilot mechanism to have a basis for comprehensively amending the Land Law in the coming time.

The project includes more than 20,000 square meters of land at 28E Tran Phu Street, close to the beach in Nha Trang city (Photo: Trung Thi).

The Ministry of Agriculture and Environment (the agency in charge of drafting the resolution) said that Clause 32, Article 79 of the Land Law allows that in addition to the 31 cases stipulated in the law, the National Assembly will amend and supplement cases of land recovery according to shortened procedures.

According to the drafting agency, the proposed cases of additional land acquisition by the State for socio-economic development for national and public interests in the Resolution are all cases that are driving forces to promote local socio-economic development, contributing large revenues to the State budget, creating many jobs for local workers, and contributing to economic development.

The draft Resolution proposes a mechanism for land recovery prior to other projects if more than 75% of land users agree to land recovery, before approving compensation, support and resettlement plans. The Standing Committee of the Economic and Financial Committee proposed to consider the feasibility of this provision.

Incorporating many comments, the drafting agency plans to add regulations on compensation, support, and resettlement for land acquisition cases according to two options.

Option 1: Compensation, support and resettlement for the remaining land area shall be applied as in the case of State land recovery as prescribed in Article 78 and Article 79 of the Land Law and Point a and Point c, Clause 2 of this Article.

Option 2: Compensation, support and resettlement for the remaining land area shall be applied as in the case of State land recovery as prescribed in Article 78 and Article 79 of the Land Law and Point a and Point c, Clause 2 of this Article.

In case the total amount of compensation and support received according to the compensation, support and resettlement plan calculated per unit of land area is lower than the average agreed land price, the person whose land is recovered will receive the remaining amount compared to that average level.

The investor must pay the difference between the amount calculated based on the average agreed land price and the compensation and support amount in the compensation, support and resettlement plan; this difference is included in the project investment cost.

According to the Government's proposed plan, the State will be the intermediary agency for the two parties to negotiate land prices. If an agreement is still not reached, the State will proceed to reclaim the land.

The draft decree detailing the implementation of the Resolution is also proposed in the direction of: specifying the conditions for the Provincial People's Council to consider and allow projects that have agreed on over 75% of the land area and over 75% of the number of land users to have the State recover the remaining land area that cannot be agreed upon.

Avoid suspended projects, causing waste of land resources

Regarding the reason for adding the case of the State reclaiming land for projects that have agreed on over 75% of the area and over 75% of the number of land users, the Ministry of Agriculture and Environment explained that in reality, many projects are implemented according to the agreement mechanism, the investor has agreed on most of the area in the project area but there is a small part of the area that the investor cannot agree on with the land users, leading to the situation of "suspended projects", causing waste of land resources, slowing down investment progress and causing difficulties for investors.

A National Assembly session at the 10th session (Photo: Hong Phong).

In cases where investors have received the consent of the majority of land users and the majority of the land area, the State needs to recover land to support investors in site clearance, project implementation, and quickly put the land into use.

Identifying this as a special case that needs to be carefully considered and evaluated, with careful impact on all aspects, the draft Resolution assigned the Provincial People's Council (a local State power agency, representing the will, aspirations and mastery of the people) to consider and approve the recovery of the remaining land area that the investor has agreed on, over 75% of the land area and over 75% of the number of land users.

When the State reclaims the remaining land area that the investor has not yet reached an agreement with the land user, the compensation, support and resettlement policies are applied similarly to the cases where the State reclaims land to implement other projects stipulated in Articles 78 and 79 of the Land Law, in which the land price for compensation is calculated according to the land price in the land price table and the land price adjustment coefficient.

When the State recovers the remaining land area without reaching consensus, the competent agency or organization will organize according to the order and procedures prescribed in Article 87 of the Land Law, ensuring democracy, objectivity, fairness, publicity, transparency and timeliness.

In particular, competent agencies and organizations must hold meetings with people, receive and explain opinions of people whose land is recovered and do not agree on compensation, support and resettlement plans to ensure the legitimate rights and interests of people whose land is recovered.

Source: https://dantri.com.vn/thoi-su/vi-sao-bo-sung-nha-nuoc-thu-hoi-dat-du-an-da-thoa-thuan-75-dien-tich-20251201084407957.htm