The Ho Chi Minh City People's Council has just passed a resolution stipulating the order and procedures for conducting investigations, surveys, recording the current status, measurement, inventory, statistics of recovered land area and assets attached to land; determining the origin of land to serve the implementation of projects in the area.
Previously, investigation, survey, measurement, and inventory work was only carried out after the locality completed a series of steps such as organizing meetings with people in the land acquisition area, establishing a compensation council, determining specific land prices, developing compensation plans and issuing land acquisition notices.
With the new regulations, based on the list of projects approved by the Ho Chi Minh City People's Council, the unit performing the task of compensation, support, and resettlement shall prepare a cost estimate, select a surveying unit, and deploy investigation, survey, and inventory work.
The commune-level People's Committee will issue a notice to organize investigation, survey, measurement, and inventory, clearly stating the scope and time of implementation.
The notice is sent directly to each household, property owner and people with related rights and obligations; and is posted at the commune-level People's Committee headquarters and community activity locations in the affected area.
In case it is impossible to contact or send a direct notice, the local government will post the information in the newspaper, radio or television of the City for 3 consecutive days, and at the same time publicize it on the electronic information portal and list it in the locality.
In the process of implementation, the Commune-level People's Committee coordinates with the compensation unit and relevant agencies to record the current status, measure, count, classify the area of land and assets affected; determine the origin of land, land use rights as well as related rights.
Functional agencies will also fully statistically assess the actual damage, income from land use, assets attached to land, and record the needs for resettlement and career change of people to serve as a basis for developing appropriate compensation and support plans.
The inventory results after being confirmed by the Chairman of the Commune-level People's Committee will be the basis for developing a plan for compensation, support and resettlement for people.
The Resolution also clearly stipulates the process for handling cases where land recoverers do not cooperate in investigation, survey, measurement and inventory work.
Accordingly, the commune-level People's Committee will coordinate with the Vietnam Fatherland Front Committee at the same level and the unit to implement compensation to mobilize and persuade people to cooperate. The mobilization period lasts a maximum of 15 days and must be made in writing.
If after 10 days from the end of the campaign, people still do not cooperate, the Chairman of the commune-level People's Committee will issue a mandatory inventory decision.
In case of continued non-compliance, the government will carry out coercive inventory procedures according to the provisions of the Land Law after issuing a land acquisition notice.
A noteworthy point of the new resolution is that there are no longer limits on planning conditions, land use plans or project scale and area as before.
According to the Ho Chi Minh City People's Committee, the new regulations help localities proactively prepare for compensation, support and resettlement work right from the initial stage, thereby shortening investment preparation time, accelerating site clearance progress and disbursing public investment capital.
