Clearly stipulate deadlines for each stage
On the morning of September 22, the 5th session (specialized session) of the 11th Ho Chi Minh City People's Council passed a resolution stipulating the criteria, conditions, order, and procedures for implementing independent compensation, support, and resettlement projects before the main project is approved for investment policy.
This mechanism applies to large and important projects that need to be implemented immediately under the direction of competent authorities, including public investment projects, PPPs using budget capital or other legal capital sources of the city and urgent and urgent investment and construction projects.
The resolution specifies the implementation time limit to limit prolonged dossiers through many agencies.
Within 5 working days from the date of receiving the opinion allowing the main project to be implemented, the Department of Agriculture and Environment must propose to the Ho Chi Minh City People's Committee to select the project investor for compensation. The Chairman of the Ho Chi Minh City People's Committee decides to select the investor within the next 3 working days.
The main project investor has 5 working days to provide information on the scope, scale and land use needs.
After receiving sufficient dossiers, the investor of the compensation project has 20 working days to determine the preliminary area of recovered land, the number of affected cases, resettlement needs, total costs and prepare a proposal report.
The Department of Finance has 5 working days to consider capital sources and capital balance capacity. Competent agencies continue to appraise, prepare reports and submit decisions according to regulations.
For land recovery projects in 2 or more communes, wards, special zones or with a total compensation, support, and resettlement cost of 1,600 billion VND or more, the Department of Agriculture and Environment shall preside over the appraisal and submit to the Chairman of the Ho Chi Minh City People's Committee for decision.
The project is within the scope of a commune-level administrative unit and has a total budget of less than 1,600 billion VND, which is appraised by the commune-level land management agency and submitted to the Chairman of the People's Committee of the same level for decision.
Do not let the project stop, land has been recovered
The Resolution clearly states that the implementation of independent compensation projects does not replace the procedures for preparing, appraising, deciding on investment policies and legal procedures of the main project.
After the compensation project is decided, land recovery, compensation, support and resettlement must still comply with land law, ensuring publicity, transparency, the right subjects, the right policies and the legitimate rights of people whose land is recovered.
Commune-level People's Committees participate in determining boundaries, the number of affected households, resettlement needs and performing tasks under their authority.
The main project investor must provide accurate information, ensure resources and conditions for implementation according to the expected progress. If the project is delayed, changed, temporarily suspended or not continued due to reasons under their responsibility, the investor must be responsible.
In case the main project changes its scope, scale, progress or terminates, the Ho Chi Minh City People's Committee must review the implemented costs, recovered land area, related assets and obligations to the people for handling according to regulations.
According to current regulations, the State only recovers land to implement projects when the investment project has been approved. Meanwhile, the time to prepare, appraise, and approve the project usually takes 5-6 months, while compensation and site clearance take about 5-7 months.
Allowing the deployment of compensation and site clearance immediately after having an investment policy, in parallel with the project preparation process, can shorten 5-7 months.
