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.
The draft adds 3 cases of State land recovery for socio-economic development for national and public interests to institutionalize the spirit of Resolution No. 69-NQ/TW, including:
- Land recovery to implement emergency public investment projects; projects in free trade zones, international financial centers.
- Land recovery to implement the project through an agreement on receiving land use rights that has expired must complete the agreement or the extension period must complete the agreement without reaching a full agreement, according to 2 options:
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 reached an agreement of 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.
Reasons: In fact, many projects are implemented according to the agreed mechanism 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.
The Ministry of Agriculture and Environment proposed to choose Option 1 to ensure compliance with practical requirements, speed up the progress of investment projects, and overcome the situation where many "suspended" projects have caused land waste as in the recent past.
- Land recovery to create land funds to pay for projects under Construction - Transfer Contracts (BT Contracts), land lease to continue production and business in cases where organizations are using land that the State reclaims land as prescribed in Articles 78 and 79 of the Land Law.
Reasons: To comply with the provisions of law on investment under the public-private partnership method, create a land fund to pay for the project under the BT Contract; create a land fund for land lease to continue production and business in cases where organizations are using land that the State reclaims land as prescribed in Articles 78 and 79 of the 2024 Land Law.
