Commenting on the draft Land Law (amended) at the 6th session, National Assembly deputies proposed that land policies for ethnic minorities must be decided by the National Assembly to both ensure proper authority under the Constitution and clearly demonstrate the National Assembly's responsibility for this extremely important policy. [caption id="attachment_604828" align="aligncenter" width="768"]
Ms. Nguyen Thi Thuy (National Assembly delegate of Bac Kan province)[/caption] The draft Land Law (amended) has clearly defined 4 contents: subjects receiving support; supported areas; support policies and implementation responsibilities from the Government to People's Councils and People's Committees at all levels. However, according to Ms. Nguyen Thi Thuy (Bac Kan delegation), regarding the subjects receiving support policies, individuals who are ethnic minorities, although they are poor households or near-poor households, do not live in ethnic minority and mountainous areas. Ms. Thuy explained that outside the scope of 3,434 communes that have been demarcated in this area, they will not be entitled to support policies. Meanwhile, Resolution No. 18 of the 13th Party Central Committee on land does not raise the issue of geographical discrimination for ethnic minorities. Therefore, the female delegate suggested continuing to carefully study this issue to properly and fully institutionalize the spirit of the Central Resolution. Regarding the inheritance, donation, and transfer of land use rights, Ms. Nguyen Thi Thuy said that the draft law stipulates that people who have received land support for the second time are only allowed to inherit, donate, or transfer land use rights to people in the same line of inheritance, and this person must have the same circumstances as themselves, that is, they must also be ethnic minorities belonging to poor or near-poor households and must have received land support for the first time but now have no land or lack land compared to the limit. Delegate Nguyen Thi Thuy commented that designing such a policy is to preserve land funds to better implement the land support policy for ethnic minorities, a very good idea, but it is recommended that the feasibility of this regulation be considered. Specifically stating the case of the person who received land support in the above case, Ms. Thuy said that after receiving land support, this person gave birth and lived with the whole family on this land until he passed away, and this land is the place where the whole family lives and is the place to worship ancestors according to Vietnamese tradition. After this person passes away, family members who are not in the prescribed cases, the land that has been attached to their family all their lives will be taken back by the State according to this policy. Therefore, the delegate of Bac Kan province expressed concern about the implementation of this policy, if the policy of taking back land like this is implemented, it may give rise to new social problems and may give rise to complaints and lawsuits that we are trying to amend the Land Law to resolve this issue. Ms. Nguyen Thi Thuy suggested that agencies need to assess more carefully the impact of this issue. Meanwhile, delegate Le Thi Thanh Xuan (Dak Lak delegation) expressed agreement when the draft Law submitted to the National Assembly this time added the word "belief", which is "a community of people allocated land by the State, recognized the right to use land to preserve the national cultural identity associated with the customs, practices and beliefs of ethnic groups". [caption id="attachment_604835" align="aligncenter" width="768"]
Ms. Le Thi Thanh Xuan (National Assembly delegate of Dak Lak province)[/caption] Although it is only an addition of one word, according to Ms. Xuan, it fully reflects the meaning and important role of land in the material and spiritual life of the people, demonstrating the deep concern of the Party, State, and National Assembly for ethnic minorities. Traditionally, for ethnic minority communities, especially for the Central Highlands people, land is not simply a resource that brings material value, but above all, it represents property ownership, social status, and especially spirituality. When land policies change, it will deeply affect the living space and cultural traditions of the people, causing traditional culture to more or less fade away. Delegate Le Thi Thanh Xuan suggested that the policies in the draft Land Law (amended) will be the basic premise to solve land issues for ethnic minorities. Regarding the regulation of the State's responsibility to have a policy to ensure land for community activities for ethnic minorities, this is an extremely necessary regulation, meeting the expectations of ethnic minorities in having conditions to preserve and promote unique traditional cultural values in the context of the country's strong integration and development. However, according to delegate Le Thi Thanh Xuan, this regulation in the draft Law is still general, not clear in what cases and under what conditions the State allocates land and recognizes land use rights. Moreover, the draft Law only regulates agricultural land, not mentioning other land used for cultural and religious activities. Therefore, it is proposed to expand the regulation to include other types of land for community activities, and at the same time, to ensure the feasibility of this policy, it is proposed to assign the Government to provide specific regulations. Ms. Le Thi Thanh Xuan also recommended that land policies for ethnic minorities must be decided by the National Assembly. The draft law needs to have a separate chapter or at least a separate section regulating this policy. "
The National Assembly's regulation of land policy for ethnic minorities both ensures the right authority according to the provisions of the Constitution and clearly demonstrates the National Assembly's responsibility for this important major policy. This will certainly be a milestone, a great step forward in building legal institutions on land for ethnic minorities, " Ms. Xuan emphasized. According to the female delegate of Dak Lak, this is the clearest evidence of the attention of the Party, National Assembly, and Government to ethnic minorities, contributing significantly to the goal of building great national unity.
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