On November 19, continuing the 10th Session, the National Assembly discussed in groups the draft Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
In the draft, the Government proposes to add 3 cases of State land recovery for socio-economic development for national and public interests.
The first is projects in free trade zones, projects in international financial centers.
In fact, these projects have a large scale of land use, promoting local socio-economic development, contributing large revenues to the budget, creating more jobs but there are no regulations on land acquisition. This causes difficulties in land access and project implementation.
Secondly, in case the investor can negotiate over 75% of the area or with 75% of the people with land, the Provincial People's Council will reclaim the remaining part to hand over to them.
The third is the case of the State reclaiming land to create a land fund to pay according to a BT contract, leasing land to continue production and business.
Delegate Nguyen Thi Yen (HCMC) said that it is necessary to consider the two numbers of 75% in the draft, because they "cannot go together".
Accordingly, in many cases, 75% of the people agreed to negotiate but this group did not hold over 75% of the land area; on the contrary, there were cases where the group agreed to hold over 75% of the land area but did not reach 75% of the total population.
Thus, one of the two criteria should only be chosen, or over 75% of the land area, or over 75% of the number of land users. If you choose both, it will be very difficult to do.
Delegate Do Duc Hong Ha said that 75% is a rate that is difficult to achieve in practice, especially for large projects with many households affected.
Land recovery before approving compensation, support and resettlement plans will cause frustration and complaints for people because their rights are not clearly guaranteed. This can lead to congestion, prolonging the project implementation time.
Delegate Ha said that the consensus ratio of land owners could be reduced to 50%. Along with that, the delegate proposed that the accompanying conditions are that there must be a compensation, support and resettlement plan that has been publicly consulted, except in cases where the Government decides to reclaim land at the request of the provincial People's Committee.
Concerned about the regulations on the mechanism for handling the remaining area of the project when the investor has agreed on over 75% of the area and received the consensus of over 75% of the number of land users within the project implementation scope, delegate Nguyen Van Quang (Da Nang) suggested that it is necessary to clarify the basis of this proposal; at the same time, consider the regulation on "ahead of issuing a land recovery decision, the competent authority must send a land recovery notice to the person whose land is recovered, the owner of assets attached to the land, and the person with related rights and obligations (if any) to know no later than 60 days for agricultural land and 120 days for non-agricultural land". Because, according to delegate Nguyen Van Quang, people have not yet received the compensation plan for site clearance, so how can they agree to the land recovery.
