The number of resettlement lots should not be limited.
Many changes in the direction of benefiting the people; aiming at maximum support, ensuring the rights of land users; draft detailed regulations... Those are the comments of delegates attending the conference to review the draft Regulations on compensation, support, and resettlement when the State acquires land in Quang Nam province, drafted by the Department of Natural Resources and Environment.
Explaining further the new points about the rights of people whose land is recovered, Mr. Nguyen Truong Son - Deputy Director of the Department of Natural Resources and Environment said that the draft has "raised the framework" of support levels.
Notably, Article 4 (Compensation with land for purposes other than the type of land recovered when the State recovers land as prescribed in Clause 3, Article 4 of Decree No. 88 dated July 15, 2024 of the Government) is a particularly important new point in the draft, because it has solved the long-standing "deadlock" of Quang Nam in recovering agricultural land, which is to be able to arrange resettlement for people if they meet the conditions.
However, along with this new point, the regulations on compensation in the form of residential land when the State reclaims land (Article 3) in the draft have attracted many comments.
Many delegates shared the same opinion, in Clause 1 (Article 3): "Compensation in residential land according to the provisions of Article 98 of the Land Law and Article 11 of Decree No. 88/2024/ND-CP is implemented equivalent to the land use right value of the recovered residential land area and residential land in resettlement areas, residential areas or mixed-use areas (hereinafter referred to as resettlement areas) but not exceeding 5 lots according to the detailed subdivision plan in the resettlement area" is not appropriate.
It is recommended to consider not specifying compensation for residential land but not exceeding 5 lots to ensure the rights of land users when the State reclaims large areas of residential land.
Mr. Pham Be - former Head of the Quang Nam Land Management Department, member of the Vietnam Fatherland Front Committee of the province explained: "For example, there is an investor who buys land through auction with a quantity of 20 lots. After a few years, this area has a project, the State has to reclaim the land, then the maximum compensation for 5 lots, who will accept?"
The Draft Regulations on compensation, support and resettlement when the State acquires land in the province have 5 chapters and 28 articles with many detailed and specific regulations according to the 2024 Land Law and Decree No. 88 dated July 15, 2024 of the Government on compensation, support and resettlement when the State acquires land.
At the recent review conference, Chairman of the Provincial Vietnam Fatherland Front Committee Le Tri Thanh suggested that many comments that did not have enough time to be presented at the conference should be sent in writing for the Provincial Front to synthesize and the Department of Natural Resources and Environment to continue to complete.
It is expected that the draft Regulation on compensation, support and resettlement when the State acquires land in Quang Nam province will be submitted by the Provincial People's Committee to the Provincial People's Council in the upcoming session (expected to be held in mid-October 2024).
Practical comments
Commenting on the regulations on resettlement arrangements, Mr. Nguyen Thanh Hai - Chairman of the Vietnam Fatherland Front Committee of Duy Xuyen district said that it is necessary to specify the cases eligible for resettlement arrangements, especially not to include in the regulations the content "if the locality has conditions for resettlement land fund, the district-level People's Committee shall consider and allocate a residential land plot with an area according to the detailed planning" (Clause 3, Article 3).
“This “if” will cause difficulties for localities. Suppose the locality has land but lacks attention, the people will also suffer. Or when the locality still has land, the households that are cleared first will enjoy it, but when the land is limited, the households that come later will not enjoy it. This will create comparisons among those affected by the project and also cause difficulties for the locality,” said Mr. Hai.
In addition, Clause 3, Article 4 only stipulates the recovery and compensation for the remaining agricultural land area outside the clearance line. The representative of the Vietnam Fatherland Front Committee of Thang Binh district said that it is necessary to supplement regulations on land recovery and compensation for agricultural land plots outside the clearance line but affected by the project, not eligible for continued land use.
Because, in Thang Binh district, many agricultural land areas are not within the clearance line but are affected by projects; the recovery and compensation for these areas have not been regulated.
For example: 3.8 hectares of agricultural land in Binh Hai commune is affected by the Cua Dai bridge approach project; 0.34 hectares of agricultural land in Binh Lanh commune is affected by the National Highway 14E upgrading and renovation project...
Therefore, it is recommended that the competent authority consider and decide on the recovery and compensation for affected agricultural land plots outside the clearance line, which is the competent authority deciding on the project's investment capital.
Regarding the regulation on couples living together on a plot of land for consideration of resettlement arrangements, many delegates noted that in reality, a family of many generations lives together, including single women raising young children. If the land is reclaimed without considering resettlement arrangements for this case, social security will not be ensured.
Source: https://baoquangnam.vn/quang-nam-xay-dung-quy-dinh-ve-boi-thuong-ho-tro-tai-dinh-cu-ban-khoan-suat-tai-dinh-cu-3142488.html
Comment (0)