The Ministry of Agriculture and Environment is submitting a dossier for appraisal of the draft Regulations on a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
One of the notable proposals in Clause 3, Article 4, the draft.
The provisions stipulate that the conditions for land recovery for national defense, security, and socio-economic development for national and public interests are to complete the approval of compensation, support, resettlement plans and resettlement arrangements, except for the following cases:
Land recovery in cases where compensation, support and resettlement plans do not have resettlement arrangements that have been publicly posted but have not been approved for important national projects and emergency public investment projects according to the provisions of the law on public investment; for other projects if more than 75% of land users agree to reclaim land before approving compensation, support and resettlement plans.
Land recovery before resettlement arrangement in cases of emergency public investment projects according to the provisions of law on public investment, projects implementing on-site resettlement, and projects where resettlement is arranged along the main construction route.
The provincial People's Committee shall prescribe the arrangement of temporary residence, time and temporary residence costs for cases of land recovery decisions before completing resettlement arrangements.
Explaining the new proposal, the Submission of the Ministry of Agriculture and Environment stated that after 1 year of implementing the 2024 Land Law, it shows that, in addition to the above achieved results, there are still some problems in implementing the Law that require continued research and improvement.
In particular, the 2024 Land Law stipulates that land will only be reclaimed after there is a decision approving the compensation, support and resettlement plan, which is not in accordance with the urgent requirements for completion progress of important national projects and emergency public investment projects, and does not ensure flexibility for projects where the majority of people with reclaimed land agree to reclaim land before approving the compensation, support and resettlement plan (according to current regulations, the time from listing the plan to the date of the decision approving the plan is 90 days).
The regulation requires the completion of resettlement arrangements before the decision to reclaim land has caused difficulties in the implementation of cases of implementing emergency public investment projects and projects implementing on-site resettlement within the scope of projects and projects in which the resettlement area is arranged along the route of the main project while the majority of land users have agreed with the temporary residence arrangement.
