Regulations are needed to avoid negativity in land use conversion.

Avoid contradictions and overlaps

At the group discussion session on the draft Land Law (amended) on the morning of June 9, delegate Van Thi Bach Tuyet (Ho Chi Minh City delegation) pointed out the current situation that there are some types of land that are not currently regulated in the Land Law but are regulated in other laws, causing great impact on people in recent times.

Such as mixed land, newly built residential land... in some urban areas will be difficult because the basis for changing land use purposes is regulated by the Land Law, but if following the Planning Law, there will be many other types of land, causing confusion for local State management agencies.

Therefore, delegates recommended that the draft Land Law (amended) should have clear regulations on the classification of land types and use this land classification as a basis when making land use plans according to the Law on Planning, the Law on Investment, and the Law on Real Estate Business to avoid conflicts, overlaps, and failure to address people's needs.

Dialogue - Regulations are needed to avoid negativity in land use conversion — National Assembly Delegate Van Thi Bach Tuyet.

In addition, delegates also expressed support for the plan of not issuing annual land price lists. Local authorities will promptly update fluctuations in areas with large fluctuations, while in areas with no fluctuations, there is no need to create this land price list.

According to the delegate, if the local government issues the regulations slowly, it will affect people who need to carry out procedures related to land price lists.

Regarding the method of land valuation as required by the National Assembly's Economic Committee, it is necessary to ensure the harmony of interests of the State, land users and investors. The female delegate said that it is very difficult to ensure this principle.

“Currently, the provisions of the current law on calculating according to the market price principle are still facing difficulties in implementation, which means that the basis for determining land prices alone is still difficult. Now, the consulting unit and the Land Price Appraisal Council must both determine land prices and balance the interests of the State, investors, and people. I do not know how those units will do it?”, the delegate wondered.

From there, delegates said that there must be a basis for calculation, because if the regulations are strict but not feasible, it will be very difficult to implement.

Timely adjustment of land use planning

Giving comments to complete the draft Law, delegate Nguyen Thi Le (Ho Chi Minh City) stated that, in reality, reviewing land use planning, if done every five years, would not be suitable for the socio-economic development situation in areas with strong economic fluctuations.

Dialogue - Regulations are needed to avoid negativity in land use conversion (Figure 2). — Delegates of Ho Chi Minh City delegation at the group discussion session.

Therefore, delegates suggested considering flexible application of time limits and periodic reviews appropriate to each local area.

Regarding land recovery, compensation, support and resettlement, Ms. Le said that the draft Law has very specific provisions on land recovery for socio-economic development, for national and public interests, and clearly stipulates the content, conditions and criteria of these projects.

At the same time, Chapter 7 of the draft Law also makes more specific adjustments to compensation, support, and resettlement policies so that after land recovery, people whose land is recovered must have housing, ensure an equal or better life, effectively implement vocational training, create jobs, reorganize production, and stabilize the lives of people whose land is recovered.

"These contents fully demonstrate the spirit of Resolution 18 in the most beneficial way for land users. Obviously, the government's obligation is to create conditions for people whose land is recovered to have a life equal to, or even better than, their old place of residence," the delegate emphasized.

She proposed to add regulations for the case of land acquisition to build infrastructure for workers in industrial parks, export processing zones, and labor concentration areas, which should clearly show the conditions including both material and spiritual construction, not just simply stipulating the construction of houses. Because currently, the spiritual life of workers in the above areas is mostly limited.

Regarding the compensation price for land acquisition, speaking at the discussion session, Mr. Truong Trong Nghia (Ho Chi Minh City delegation) said that currently the compensation price has begun to approach the market price, but he said that it is also necessary to take into account compensation for mental damage when acquiring land.

Dialogue - Regulations are needed to avoid negativity in land use conversion (Figure 3). — National Assembly Delegate Truong Trong Nghia.

“The Civil Code allows for compensation, material compensation and compensation for mental damage. Therefore, we must also consider how much mental compensation is needed when people have to move their houses and leave their beloved places where they have shared many memories. If the compensation is converted into money, we must also consider all of these factors,” the delegate stated.

Regarding the land price list, delegates suggested that the responsibility for updating the price list belongs to the State, along with the State acting as an "arbitrator" in keeping land prices close to market prices.

According to the delegate, the market price rule is an extremely important basis for many other issues, including dispute resolution, which is also based on the State's land price list.

Commenting on the draft Law, delegate Nguyen Minh Duc (Ho Chi Minh City) said that regulations on BT forms of capital contribution and transfer must be very strict and limit the subjects to avoid land loss.

The delegate pointed out that in the past, there were land recovery projects for national defense, security and public interest purposes, but after a period of time, the land use purpose was changed before the project was implemented.

“There is a situation where land is reclaimed to build entertainment areas but due to some regulations, it is converted into a commercial center combined with housing. This leads to a huge difference in land rent after the purpose is converted into commercial center land combined with services, commercial houses and finally sold at a very high price. Meanwhile, the compensation price for people whose land is reclaimed is very low. Therefore, it leads to land disputes and prolonged lawsuits,” said the delegate.

Therefore, in the draft Law, Mr. Duc said that this issue needs to be "tied" by a very clear provision in Article 12, which is prohibited acts. In which, it is necessary to clearly stipulate land recovery for national defense and security purposes, but it must be strictly prohibited from converting to other land use purposes .

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