Expected cases where compensation plans do not need to be approved before land recovery

Huy Hùng |

According to the latest proposal, the Ministry of Agriculture and Environment plans to complete resettlement before reclaiming the land.

The Ministry of Justice is reviewing the draft Law amending and supplementing a number of articles of the 2024 Land Law drafted by the Ministry of Agriculture and Environment.

The draft law proposes to amend and supplement Clause 3, Article 80 in the direction of: Amending and supplementing regulations allowing land recovery before completing the approval of compensation, support, resettlement plans and resettlement arrangements in some special cases (Clause 3, Article 80, Clause 8a, Article 87).

Land recovery when the compensation, support and resettlement plan has been made public but not approved in cases where there are no resettlement arrangements for important national projects, emergency public investment projects according to the provisions of the law on public investment, other projects that have been approved by over 75% of land users;

In cases where resettlement is required, land can only be reclaimed before resettlement in cases of emergency public investment projects, on-site resettlement projects, and projects where resettlement is arranged along the main construction route. The provincial People's Committee shall prescribe the time and budget for temporary residence in cases of decision to reclaim land before completing resettlement arrangements.

The Ministry of Agriculture and Environment said that the addition of the above regulation is to institutionalize the content of amending and supplementing Resolution No. 18-NQ/TW proposed by the Government Party Committee approved by the Central Executive Committee in Resolution No. 69-NQ/TW19, the amendment and supplementation of the regulation aims to remove difficulties, shorten the time for land recovery, meet urgent requirements on the progress of completing important national projects and urgent public investment projects, ensure flexibility for projects where the majority of people with recovered land agree to recover land before approving the compensation, support, resettlement and completion of resettlement arrangements, while still ensuring the legitimate rights and interests of people with recovered land.

Huy Hùng
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