Proposal to add 2 cases of land recovery by the State
The Ministry of Agriculture and Environment has drafted a law amending and supplementing a number of articles of the 2024 Land Law and is seeking opinions. In the draft, the Ministry of Agriculture and Environment proposes to add Clauses 33 and 34 to Article 79 on cases of land acquisition for socio-economic development for national and public interests as follows:
33. Implement projects with specific requirements for investment locations; investment projects, urgent services for political and foreign affairs tasks; projects in free trade zones, in international financial centers; logistics projects; mixed-use projects for residents, urban areas, tourism, commercial services, culture, sports; cultural industry projects and other socio-economic development projects decided by the provincial People's Council in accordance with local conditions.
34. In case of using land to implement a socio-economic development project through an agreement on receiving land use rights as prescribed in Article 127 of this Law, if the agreement must be completed within the time limit stated in the approval document of the Chairman of the People's Committee at the competent level on the agreement on receiving land use rights or the extension period expires if the agreement completion period is extended to implement the project and the investor has agreed on over 75% of the land area or has agreed on over 75% of the number of land users within the project implementation scope, the State will reclaim the remaining land area to allocate land and lease land to the investor".
Thus, compared to the current Law, the Draft Law on amending the Law proposes to add 2 more cases.
Amending a number of articles on the basis for land recovery
The draft proposes to amend and supplement Point a, Clause 1 and Clause 3, Article 80 (Basis and conditions for land recovery for national defense and security purposes; socio-economic development for national and public interests) as follows:
Amend and supplement Point a, Clause 1 as follows:
a) The project is in accordance with the planning and land use plan at the commune level approved by the competent authority;
Amend and supplement Clause 3 as follows:
3. The condition for land recovery for national defense, security, and socio-economic development for national and public interests is to complete the approval of the compensation, support, and resettlement plan and the resettlement arrangement according to the provisions of this Law, except in cases where the land user agrees to recover land before approving the compensation, support, and resettlement plan or the land user agrees to recover land before the resettlement arrangement and has been arranged temporary residence, paid temporary residence fees, or the person being resettled on the spot has been arranged temporary residence, paid temporary residence fees".
