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

On the afternoon of December 1, the National Assembly discussed in the hall a draft resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.

One of the issues that many delegates are still concerned about is the land recovery mechanism when the project has agreed on over 75% of the area and over 75% of the land users agree. Because this regulation directly affects the property rights of citizens protected by the Constitution.

Regarding compensation price when the State reclaims the remaining land, the latest Draft proposes 2 options.

Option 1: Compensation, support and resettlement are implemented as in cases of State land acquisition as prescribed in the 2024 Land Law.

Option 2 is implemented as option 1, but if the total compensation and support amount received per unit area is lower than the average of the previously agreed land price, the person whose land is recovered will receive the difference.

The investor must pay this difference to the person whose land is recovered and it will be included in the project investment cost.

In his explanatory report, Minister of Agriculture and Environment Tran Duc Thang said that to promote the country's economic and social development in the new situation, with the target of double-digit growth, it is necessary to supplement a number of land recovery cases.

Cases of proposed land reclamation include: First, projects in free trade zones and international financial centers. Second, land reclamation to create land funds for project payments under BT contracts; creating land funds for land lease to continue production and business in cases where organizations are using land but the State reclamation land.

Third, reclaim land with the remaining area of the project when the investor has agreed on over 75% of the area and received consensus from over 75% of the number of land users within the scope of project implementation.

Regarding the case of land recovery when the project has agreed on over 75% of the area and over 75% of the number of land users agree, Minister Tran Duc Thang stated that the drafting agency determined that this is a "special" case of land recovery that needs to be carefully considered and evaluated in terms of economics , society, security, order, social safety and protection of the legitimate rights and interests of the people.

Therefore, the Draft Resolution has assigned the Provincial People's Council - the local State power agency, representing the will, aspirations and mastery of the people to consider and decide whether or not to reclaim the remaining land area when the investor has agreed on over 75% of the area and over 75% of the number of land users.

The draft resolution also provides two compensation options when the State reclaims the remaining land.

"Based on the opinions of the National Assembly delegates discussed in groups today, the Government will coordinate with the review agency to study and select options to consider reporting to the National Assembly," Minister Tran Duc Thang responded.

Regarding some opinions of delegates suggesting to consider regulations allowing land recovery before approving compensation, support and resettlement plans, Minister Tran Duc Thang explained that this mechanism only applies to important national projects, urgent public investment projects according to the law on public investment and projects that receive the consensus of the majority of people for project implementation.

"The Government will specify in detail the procedures and processes to ensure democratic, objective, fair, public, and transparent implementation of the rights and legitimate interests of people whose land is recovered," informed the Minister of Agriculture and Environment.

Source: https://phunuvietnam.vn/vi-sao-phai-bo-sung-nha-nuoc-thu-hoi-dat-du-an-da-thoa-thuan-75-dien-tich-238251201194740843.htm