Apply special mechanisms when reclaiming land

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

Concretizing 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 in the city.

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

Ho Chi Minh City will pilot land acquisition according to Resolution 98 at the Xuyen Tam canal renovation project.

The Resolution also applies to independent public investment projects to carry out compensation, support and resettlement. These are investment projects according to separate urban design projects, urban planning projects in the vicinity of railway stations approved by competent authorities; in the vicinity of traffic junctions along Ring Road 3 within the city for land acquisition, urban development and renovation; resettlement, creation of land funds for auction to select investors for urban development, trade and service investment projects in accordance with the law.

Regarding the order and time for developing a plan for investigation, survey, measurement and counting, 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 landmarks of the land acquisition area to implement the project in the field to the Department of Natural Resources and Environment, the People's Committees of wards, communes and towns and the Organization performing the tasks of compensation, support and resettlement.

Within no more than 5 days from the date the project investor hands over the boundary and boundary markers, the Department of Natural Resources and Environment must preside over and coordinate with the Organization in charge of compensation, support and resettlement, the People's Committees of wards, communes and towns and relevant agencies to advise the People's Committees of districts, towns and Thu Duc City to issue a plan for investigation, survey, measurement and inventory. The People's Committees of communes, wards and towns are responsible for confirming the origin, legal status of houses, land and assets attached to the land.

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

At the same time, organize meetings to disseminate to local people in the area where land is recovered to publicly announce the investment policy approval documents of competent state agencies and the investigation, survey, measurement and inventory plan of the project.

According to the general assessment, the implementation of investigation, survey, measurement, inventory, verification of land origin and assets attached to land before the competent state management agency issues a notice of land recovery... will contribute to shortening the time for site clearance and early implementation of the project.

Pilot implementation in 6 major projects

According to the draft Resolution of the Ho Chi Minh City People's Council, there will be 6 projects implementing the procedures for investigation, survey, measurement, counting, and verification of the origin of land and assets attached to land before the competent state management agency issues a notice of land recovery.

Firstly, the project of dredging and improving the technical infrastructure environment of Xuyen Tam canal (from Nhieu Loc - Thi Nghe canal to Vam Thuat river) through the area of Binh Thanh district and Go Vap district. The project has a scale of more than 15.88 hectares and has 1,880 affected cases.
Second, the Binh Quoi - Thanh Da Urban Area project, Binh Thanh District. The project has a scale of 426.93 hectares and has 4,579 affected cases.
Third, the Ho Chi Minh City Science and Technology Park project in Thu Duc City, with a scale of 302,908 hectares and 866 affected cases.

Fourth, the Tam Phu Park - Regulating Lake - Residential Area project in the wards of Tam Phu, Tam Binh and Hiep Binh Chanh, Thu Duc City, has a scale of more than 185.61 hectares and has 3,717 affected cases.

Fifth, the project to dredge and improve the construction environment of the technical infrastructure of the northern bank of Doi Canal, in District 8, has a project scale of more than 6.25 hectares and has 1,017 affected cases.

Sixth, the Urban Rehabilitation, Relocation and Resettlement Project, improving living conditions for households living on and along the southern bank of Doi Canal, with a scale of more than 35.85 hectares, has 5,055 affected cases.

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