Need to limit the regulations on land use rights of public service units

Báo Quốc TếBáo Quốc Tế04/11/2023

Continuing the working program of the 6th Session, on the afternoon of November 3, the National Assembly discussed in the hall a number of contents with different opinions of the draft Land Law (amended). Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting.
đại biểu Nguyễn Thị Việt Nga, đoàn đại biểu Quốc hội tỉnh Hải Dương
Delegate Nguyen Thi Viet Nga, National Assembly delegation of Hai Duong province, spoke at the conference hall on the afternoon of November 3.

Need to limit land use rights of public service units

Speaking at the meeting, delegate Nguyen Thi Viet Nga, National Assembly delegation of Hai Duong province shared the difficulties in implementing the financial autonomy mechanism of public service units. However, the delegate said that there should still be certain restrictions in the regulations on land use of public service units, and should not be given full rights as for economic organizations.

Explaining this issue, the delegate said that a public service unit is a legal entity established by a competent state agency in accordance with the provisions of law, with the function of providing public services for state management in accordance with the provisions of law, with the function of providing public services for state management.

Compared to economic organizations, public service units are granted specific powers, functions and tasks by the state, so creating a mechanism to equate economic organizations with public service units is not really appropriate.

In addition, from the characteristics of public service units as state agencies, delegates said that access to land funds of public service units will be easier and more convenient than that of economic organizations. If public service units are also given the same conditions as economic organizations, it will create inequality for businesses.

In addition, the delegate also stated that if the right to sell or mortgage assets attached to leased land is granted to public service units that lease land and pay annual rent, there will be a risk of not preserving the state land allocated to public service units.

There must be specific criteria and conditions when reclaiming land for investors.

Participating in the meeting, delegate Pham Van Hoa, National Assembly delegation of Dong Thap province, said that regarding commercial housing projects, mixed housing, business, trade and service projects, this is very important content, expected by voters, especially people whose land is being recovered for projects with land rent differences.

Delegates agreed to implement option 2, according to which, there should be specific criteria and conditions for the State to reclaim land and hand it over to investors, avoiding affecting the rights, activities and lives of the people.

The delegate said that it is very difficult for investors to reach a 100% consensus with the people. Regarding this content, the method and principles of land valuation are very important, so the regulation according to option 2 is a reasonable choice, suitable for practice, harmonizing the interests of investors and people.

Regarding land use rights of Vietnamese people abroad, delegates said that people with Vietnamese nationality abroad still have the same rights as Vietnamese people in Vietnam, but in other cases, they do not have the same rights.

The delegate disagreed with the fact that people of Vietnamese origin, without Vietnamese citizenship, are entitled to land rights like Vietnamese people. According to the delegate, if they have given up their Vietnamese citizenship, they will not be able to enjoy the same rights as those who retain Vietnamese citizenship.

đại biểu Quốc hội Thạch Phước Bình, đoàn đại biểu Quốc hội tỉnh Trà Vinh
National Assembly Delegate Thach Phuoc Binh, National Assembly delegation of Tra Vinh province spoke at the hall.

Clarifying some contents on support policies when the state acquires land

Speaking about the draft Law on Land (amended) at the meeting hall, National Assembly delegate Thach Phuoc Binh, National Assembly delegation of Tra Vinh province expressed his interest in support policies when the state reclaims land. The delegate said that in this draft Law, there are also support provisions in Articles 108 and 109...

However, delegates expressed concerns about the regulations on six policy support contents and regulations on training support, career conversion, and job search for households and individuals when the state reclaims land.

“It can be seen that the draft also has new, clear, and strict regulations that meet practical needs and further ensure the rights of people whose land is recovered. However, survey data also shows that among farmers who have changed jobs, the number of people who have switched to working for hire is the highest and the number of people who have switched to learning a new trade is the lowest,” said delegate Thach Phuoc Binh.

Along with that, compensation and support money from land have not been used properly by farmers. Therefore, after a period of time, they have used up all the money, lost their means of production, lost their jobs, and have no income. Based on this reality, the delegate suggested that the Drafting Committee consider clarifying the scope and subjects of households and individuals directly involved in agricultural production who will be supported with training, career conversion, and job search when their land is recovered to avoid omissions.

In addition, the draft Law also needs to have mandatory regulations on opening vocational training classes, and at the same time have stricter and more detailed instructions than the Decree guiding the implementation to ensure that vocational training classes are organized seriously and effectively, especially the Law needs to clearly stipulate the issue of planning and developing traditional craft villages. This can be considered one of the effective solutions to solve employment and stabilize the lives of people whose land has been recovered.



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