The Ministry of Agriculture and Environment is submitting a dossier for appraisal of the draft Resolution of the National Assembly regulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
Article 4 of the draft stipulates land recovery, compensation, support, and resettlement.
Accordingly, the Ministry of Agriculture and Environment proposed to add cases where the state reclaims land for national defense and security purposes as a facility for drug rehabilitation for the people's armed forces.
Add some cases where the State reclaims land for socio-economic development for national and public interests as follows:
Implement emergency public investment projects; projects in free trade zones, international financial centers.
Option 1:
In case of using land to implement a project through an agreement on receiving land use rights that has expired and must complete the agreement or the extension period must complete the agreement and has been agreed upon for over 75% of the land area and over 75% of the number of land users, the Provincial People's Council shall consider and approve the recovery of the remaining land area to allocate land and lease land to the investor.
Option 2:
In case of using land to implement a project through an agreement on receiving land use rights that has expired and must complete the agreement or the extension period must complete the agreement and has been agreed upon for over 85% of the land area and over 85% of the number of land users, the Provincial People's Council shall consider and approve the recovery of the remaining land area to allocate land and lease land to the investor.
Create a land fund to pay for the project under the Construction - Transfer Contract (BT Contract), lease land to continue production and business in cases where the organization is using land that the State reclaims land as prescribed in Articles 78 and 79 of the Land Law.
Explaining the basis for supplementing land recovery, the Ministry of Agriculture and Environment said that the 2024 Land Law (Article 79) has specifically stipulated 31 cases where the State reclaims land for socio-economic development for national and public interests.
However, in reality, there are many key projects that play a role in creating momentum to promote local socio-economic development, contributing large revenues to the state budget from land use fees, land rent, taxes from added values, creating many jobs for local workers, promoting the development of ancillary business services but there are no regulations for the State to reclaim land, causing difficulties in land access and project implementation.
At the same time, the Law does not stipulate land recovery to create land funds to pay for projects under the Construction - Transfer Contract (BT Contract), lease land to continue production and business for investors but must be relocated from the old location due to environmental pollution or must be reclaimed, leading to production and business stagnation due to lack of space to continue production and business.
In fact, many projects are implemented under the agreement mechanism of receiving land use rights transfer, but there is a small part of the area that investors cannot negotiate with land users, leading to a situation of "suspended projects", causing waste of land resources, slowing down investment progress and causing difficulties for investors.
