A resident in Quang Tri reflected that, according to regulations on construction investment procedures, the project is implemented through stages of preparation, implementation and completion of construction.
From there, people are concerned whether the land acquisition, land allocation, and site clearance carried out before the investment project is approved is in accordance with regulations or not.
Answering this content, the Economic - Construction Investment Management Department, Ministry of Construction said that the law on construction has clearly stipulated the contents related to land right from the project preparation stage.
Accordingly, the pre-feasibility study report must state information about the construction location and land use needs; and the feasibility study report must determine the land use area, site clearance plan and resettlement if any.
According to this agency, the appraisal process of construction investment projects must also consider the ability to meet land use needs and site clearance requirements. Therefore, construction investment projects after being approved are the basis for implementing land acquisition, compensation, site clearance and resettlement according to regulations.
The Economic - Construction Investment Management Department, Ministry of Construction, also cited the provisions of Clause 1, Article 108 of the 2014 Construction Law, according to which land recovery, land allocation, land lease, compensation and site clearance for construction are carried out in accordance with land law.
However, the replying agency also mentioned an exceptional case according to the law on public investment. The competent authority when approving investment policies for nationally important projects and group A, B, C projects may decide to separate or not separate the content of compensation, support, resettlement, and site clearance into an independent component project.
Thus, if the content of compensation, support, resettlement and site clearance is separated into an independent component project, then site clearance, land recovery, and land allocation can be carried out independently of the construction investment project. In this case, site clearance must be based on the approved project.
