On December 1, continuing the 10th Session, the National Assembly discussed in the hall the draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
The issue that many delegates are interested in discussing is the new regulation on land recovery. National Assembly Delegate (NAD) Tran Van Tien (NA Delegation of Phu Tho province) said that it is very difficult to negotiate in cases where it is possible to reach an agreement on over 75% of the land area and over 75% of the number of land users, then the People's Councils of the provinces will consider approving the recovery of the remaining land.
This delegate suggested that it is necessary to clarify why the rate is 75% and not 60%? It is necessary to survey and evaluate how many projects meet two criteria or one of the two criteria.
In addition, when determining the ratio of land users in cases where the person assigned the right to use the land has died, how is the determination calculated?
At the same time, the investment policy approval does not have regulations on the time to complete the agreement. If implemented according to the draft Resolution, the approval of investment policies subject to a withdrawal agreement must be adjusted.
Finally, this delegate said that determining the recovered price, if calculated according to the State price, will not be feasible and will cause many consequences for society.
Also on this content, delegate Nguyen Thi Thu Thuy (National Assembly delegation of Gia Lai province) suggested that the drafting committee clarify the basis for why it must be determined at 75%.
It is necessary to clarify how this regulation applies to projects, because in essence, projects will be different in scale and area.
"The purpose is to ensure social stability, security and order in the locality, especially the consensus of the people" - delegate Thuy said.
Delegate Nguyen Thi Thu Thuy said that the 25% disagreement rate is a potential ratio of issues causing social instability, local security and order, and the ratio of administrative complaints and lawsuits.
Also commenting on the land acquisition mechanism when the project reaches over 75% of the area and 75% of land users agree, delegate Ha Sy Dong (National Assembly delegation of Quang Tri province) commented that this is an important opening point, but also the most sensitive, directly affecting the property rights of citizens protected by the Constitution.
If the regulations are not strict, the risk of prolonged complaints, loss of consensus, and even creating a social hot spot is entirely possible.
Therefore, this person suggested that the National Assembly carefully consider, or increase this rate to 80 - 85% to increase legal safety and social persuasion, or only apply it to key national projects, strategic infrastructure projects, and projects that have not been compensated for many years, instead of applying it widely.
According to delegate Ha Sy Dong, the important thing is not just the ratio, but the compensation price determination mechanism, dialogue mechanism, resettlement mechanism, independent monitoring mechanism.
"I propose to clearly legalize the requirement to have an independent bargaining council, invite reputable land valuation organizations, and make all documents transparent, so that people see the policy as not a forced one but a fair agreement" - delegate Ha Sy Dong emphasized.
According to this person, a land policy will only be valuable when people feel respected and their rights are guaranteed before the State reclaims land for development purposes.
