Ensuring rights for people whose land is recovered

On the basis of the 2024 Land Law officially taking effect, the City also promptly issued decisions on compensation, support, and resettlement when land is recovered, to ensure and harmonize the rights and interests of related parties.

Compensation payment for land clearance for people in Van Khe commune, Me Linh district.

Many problems arise

Compensation and site clearance are important tasks to serve the socio-economic development of each locality and the whole country in general. In which, the State management agencies are decentralized, delegated power and assigned specific tasks through administrative measures to implement land use plans and policies for users of recovered land according to the provisions of law.

Hanoi is one of the two main economic regions of the country, along with Ho Chi Minh City. In recent years, along with the urbanization process, the construction of urban infrastructure is one of the urgent tasks of the city government; parallel to this process is the work of compensation, support for land acquisition and resettlement for people in the project planning area whose land is recovered. In addition to the positive results achieved in the past time, the work of compensation, support, and land acquisition for public investment in the city has many arising problems.

Looking at the figure of over VND 80,000 billion in public investment in 2024, it can be seen that the capital's government and people have to do a huge amount of work this year. However, according to the report from the Hanoi Department of Planning and Investment, by the end of June 2024, the disbursement of public investment capital in the city only reached over 21% of the plan assigned by the City People's Council and the Central Government, a figure too low compared to the growth expectations of an economic "locomotive".

According to the explanation of the representative of the Hanoi Department of Planning and Investment, the slow disbursement of public investment capital is due to problems in compensation and site clearance of many projects. For example, the Ring Road 4 project (section through Me Linh and Dan Phuong districts); the Ring Road 1 construction project (Hoang Cau - Voi Phuc section); the Hanoi urban railway pilot project (Line 3) Nhon - Hanoi Railway Station section; or the investment project to build the road connecting Phap Van - Cau Gie expressway with Ring Road 3... are all behind schedule in site clearance.

“Compensation, support, site clearance, and land recovery are the most important steps in the process of implementing infrastructure projects for socio-economic development. However, due to legal problems related to compensation and support prices when recovering land, there is no consensus from people whose land is recovered, leading to delays in site clearance, which in turn slows down the progress of disbursing investment capital and implementing the project,” said a representative of the Hanoi Department of Planning and Investment.

Removing the "bottleneck" for compensation work

According to the report from the Supervisory Delegation of the Hanoi People's Council, one of the reasons leading to the delay in land acquisition and clearance work is people's complaints, related to issues such as: the origin of land of organizations and households is unclear; compensation prices when the State reclaims land are still low, not close to market prices.

In addition, the order and procedures for compensation when reclaiming land still lack transparency. In many cases, due to frustration, people have obstructed the land reclamation process, refused to hand over the site when the reclamation decision was made, even obstructed the construction progress, refused to receive compensation, and moved to a new place of residence...

Faced with the above difficulties, on September 6, the Hanoi People's Committee issued Decision 56/2024/QD-UBND stipulating a number of contents on compensation, support, and resettlement when the State acquires land in the city. This Decision takes effect from September 20, 2024, replacing previous regulations, including: Decision 10/2017/QD-UBND and Decision 27/2024/QD-UBND.

The decision applies to state agencies performing the task of representing land owners; agencies responsible for compensation, support, resettlement, and people whose land is recovered, along with owners of assets attached to the land. In particular, the City People's Committee has specifically delegated authority to each state management agency under the City, such as: the Department of Construction is responsible for issuing decisions on prices for sale, rental and lease-purchase of resettlement housing; the District People's Committee decides to support each specific project such as: support for the remaining recovered area of ​​agricultural - non-agricultural land plots, as well as support for stabilizing life.

Decision 56/2024/QD-UBND affirms that land compensation in the city is mainly made in cash in cases where people have all of their residential land recovered or the remaining area is smaller than the minimum allowed for land division and have no other place to live in the locality. They will be given residential land, sold resettlement houses or receive compensation in cash. This content has completely changed compared to previous regulations.

Notably, the Decision also stipulates changes in the compensation costs for people whose land and assets attached to the land are recovered. On that basis, the compensation of people's assets will be calculated according to the current value (this compensation is calculated at a rate of 60% of the current value of the project). In addition to the compensation costs, the City government will support other costs, especially in Article 18 of this Decision, which sets out the reward levels for households or individuals who fully meet the conditions for land compensation and hand over the site on schedule.

“I think this is an important step forward for Hanoi in compensation, support, and site clearance. The most important issue in this new regulation is that the city has ensured the rights and benefits of people whose land has been recovered - an issue that has long been a source of public outrage. I believe that with these new regulations, compensation and site clearance in the capital will receive more consensus from the people in the coming time, helping investment implementation in the city to proceed faster,” said Nguyen The Diep, Vice President of the Hanoi Real Estate Club.

 

The issuance of such regulations by Hanoi City is very reasonable, because the Capital Law also allows Hanoi to decide on mechanisms and policies higher than normal. That means the City has the right to decide on compensation levels higher than the normal framework, to ensure more satisfaction for people whose land is recovered. In particular, for infrastructure investment projects and urban renovation, such regulations will not cause complaints from people.

Prof. Dr. Hoang Van Cuong - Vice Chairman of the State Council of Professors

Source: https://kinhtedothi.vn/bao-dam-quyen-loi-cho-nguoi-co-dat-bi-thu-hoi.html