Applying a special mechanism when reclaiming land.

Báo Tài nguyên Môi trường•07/11/2023

The Ho Chi Minh City People's Council has drafted a Resolution stipulating the procedures for investigation, survey, measurement, and verification of land origin and assets attached to the land before competent state agencies issue notices of land acquisition for project implementation in the city.

Specifically implementing Resolution 98

This resolution of the Ho Chi Minh City People's Council aims to concretize Resolution 98/2023/QH15 of the National Assembly on piloting a number of specific mechanisms and policies for the development of Ho Chi Minh City in the field of land within the city.

This resolution applies to state agencies, organizations, and individuals involved in the compensation, support, and resettlement of construction projects, including: industrial parks, high-tech zones, national and local-level technical infrastructure, transportation, cultural, sports , and community entertainment areas... in cases where the State reclaims land according to the provisions of land law with a scale of 300 hectares or more, or with 1,000 or more households, individuals, or organizations whose land is reclaimed.

Ho Chi Minh City will pilot land acquisition under Resolution 98 in the Xuyen Tam canal renovation project.

The resolution also applies to independent public investment projects aimed at compensation, support, and resettlement. These include investment projects based on separate urban design plans, urban planning schemes for areas surrounding railway stations approved by competent authorities; and areas surrounding traffic junctions along the Ring Road 3 within the city limits for land acquisition, urban renovation and development; resettlement; and the creation of land funds for auctioning to select investors for urban, commercial, and service development projects in accordance with the law.

Regarding the procedures and timeline for developing investigation, survey, measurement, and counting plans, the draft Resolution clearly stipulates that within no more than 10 days from the date of the decision approving the investment policy and the list of projects approved by the Ho Chi Minh City People's Council, the project investor is responsible for handing over the boundaries and markers of the land acquisition area for project implementation on the ground to the Department of Natural Resources and Environment, the People's Committee of the ward, commune, or town, and the organization responsible for compensation, support, and resettlement.

Within no more than 5 days from the date the project investor hands over the boundaries and markers, the Department of Natural Resources and Environment must take the lead and coordinate with the organization responsible for compensation, support, and resettlement, the People's Committees of wards, communes, and towns, and other relevant agencies to advise the People's Committees of districts, counties, and Thu Duc City to issue a plan for investigation, survey, measurement, and counting. The People's Committees of wards, communes, and towns are responsible for verifying the origin and legal status of land and assets attached to the land.

The organization responsible for compensation, support, and resettlement shall preside over and coordinate with the People's Committees at the commune level to post information on the project implementation policy and the plan for investigation, survey, and counting. At the same time, the People's Committees of communes, wards, and towns are responsible for presiding over and coordinating with the Department of Natural Resources and Environment and the organization responsible for compensation, support, and resettlement.
Meanwhile, the Vietnam Fatherland Front Committee and mass organizations at the commune level are responsible for publicly posting documents approving investment policies from competent state agencies; and plans for investigation, survey, measurement, and counting at the headquarters of the People's Committee of wards, communes, and towns, and at common gathering places of residential areas where land is being reclaimed.

Simultaneously, organize meetings to disseminate information to local residents in the area where land is being acquired, publicly informing them of the investment approval documents from competent state agencies and the project's investigation, survey, measurement, and inventory plan.

Overall, the implementation of investigation, survey, measurement, counting, and verification of land ownership and assets attached to the land before the competent state management agency issues a notice of land acquisition... will contribute to shortening the time for land clearance and bringing the project into implementation sooner.

Pilot implementation in 6 major projects.

According to the draft Resolution of the Ho Chi Minh City People's Council, six projects will undergo procedures for investigation, surveying, measurement, counting, and verification of land origin and assets attached to the land before the competent state management agency issues a notice of land acquisition.

Firstly, the project involves dredging and improving the environmental conditions for the construction of technical infrastructure along the Xuyen Tam canal (from the Nhieu Loc - Thi Nghe canal to the Vam Thuat river), passing through Binh Thanh and Go Vap districts. The project covers an area of over 15.88 hectares and affects 1,880 households.
Secondly, the Binh Quoi - Thanh Da Urban Area project in Binh Thanh District. The project covers an area of 426.93 hectares and affects 4,579 households.
Thirdly, the Ho Chi Minh City Science and Technology Park project in Thu Duc City covers an area of 302,908 hectares and affects 866 households.

Fourth, the Tam Phu Park - Retention Lake - Residential Area project in Tam Phu, Tam Binh, and Hiep Binh Chanh wards, Thu Duc City, covers an area of over 185.61 hectares and affects 3,717 households.

Fifth, the project to dredge and improve the environment for the construction of technical infrastructure on the north bank of the Doi Canal in District 8 covers an area of over 6.25 hectares and affects 1,017 households.

Sixth, the urban renovation, relocation and resettlement project, aimed at improving living conditions for households living on and along the southern bank of the Doi Canal, covers an area of over 35.85 hectares and affects 5,055 households.

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