New, humane policy

The issue of ensuring income and livelihood for people whose land is recovered continues to be of interest to many delegates, experts and people in the Land Law (amended) 2023.

Making a living: Humanitarian policy

Minister of Natural Resources and Environment Dang Quoc Khanh especially emphasized this content at the discussion session in groups on June 9 about the Draft Land Law.

According to the Minister, amending the law must ensure effective land management and use, ensuring the interests of the people.

Regarding compensation, support, and resettlement, the head of the Ministry of Natural Resources and Environment emphasized that the viewpoint of compensation and resettlement support "must ensure that people whose land is recovered have a place to live, ensuring income and living conditions equal to or better than their old place of residence" needs to be clarified.

“ The resettlement area must be equal to or better than the old place of residence, and the people’s lives after resettlement must be guaranteed to be equal to or better than before. In particular, technical infrastructure, social infrastructure, production, and new livelihoods must be equal to or better than the previous life ,” the Minister affirmed.

Minister of Natural Resources and Environment Dang Quoc Khanh

At the same time, in addition to the issue of resettlement, conversion, and vocational training, Minister Dang Quoc Khanh also emphasized how subjects such as the elderly, children, and the disadvantaged must produce and earn their living. The law provides a framework, requirements, goals, and objectives; but local authorities must participate. In particular, attention must be paid to the customs, practices, and cultural identities of each region.

Commenting on the previous draft of the revised Land Law, delegate Nguyen Quang Huan (Binh Duong delegation) assessed that this is a progressive and humane viewpoint in the spirit of Resolution 18 of the Central Committee, in line with the interests and aspirations of the people.

Sharing the same view, Dr. Bui Ngoc Thanh - Former Head of the National Assembly Office also said that in terms of general psychology, the first concern of people whose production land is recovered is how to have stable and long-term jobs, ensuring their future life. On the other hand, our Party and State always advocate ensuring that people's lives are equal to or better than their old place of residence after their land is recovered. To do so, the most important thing is that people must have jobs and stable and regular income.

Mr. Thanh also said that during the implementation of the 2013 Land Law, based on Clause 2, Article 74, which allows "if there is no land for compensation, compensation in cash...", in some localities, the situation has occurred where delivering a package of money to a person whose land has been recovered is considered to have completed the task.

Many people receive compensation but do not have new jobs; have no jobs but still have to eat and spend, "mouth to feed, mountain to fall", suddenly run out of money, falling into the situation of being a subject of social assistance.

Therefore, according to him, the Draft Land Law (amended) needs to add new issues on production reorganization and job creation to the Articles on land recovery in Chapter VI to serve as a basis for specific regulations in Chapter VII, Compensation and resettlement support when the State recovers land.

Giving his opinion on the draft Land Law (amended), Mr. Hoang Minh Hieu - Standing Member of the National Assembly's Law Committee also said that the compensation and support for people whose land is currently recovered is mainly a one-time package in cash without aiming to create new sources of livelihood for them.

In recent times, when the projects have come into operation, the land and livelihoods of many households have continued to be negatively affected, such as flooding, and even making it impossible to continue living on the remaining land. This has caused disruption and frustration in the community, and even paradoxically, people living around some hydropower plants have no electricity for daily use.

" I propose that the drafting committee add a benefit-sharing mechanism between investors and people in projects that have a major impact on the living environment. This is to create conditions for long-term recovery and livelihood development for people whose land has been recovered ," Mr. Hieu emphasized.

According to Mr. Hieu, benefit sharing is not only about direct support and compensation for damages but also includes many other tools, such as long-term sharing of revenue from projects, applying preferential electricity prices or building community development funds. At the same time, the State and enterprises must improve people's income and living environment through many measures, such as implementing projects on health, education, auxiliary investments, and job conversion.

Mr. Hieu said that many countries have effectively implemented this policy such as Korea, Norway, Brazil, Thailand... When meeting voters in western Nghe An, many people also said that the above benefit-sharing mechanism will create a harmonious connection between businesses, people and local authorities.

The Land Law (amended) needs to be more specific in creating livelihoods for people who have lost their land.

The law needs to be more specific.

Prof. Dang Hung Vo - Former Deputy Minister of Natural Resources and Environment frankly said that the issue of livelihood for people needs to be regulated more specifically in the Land Law (amended). Accordingly, to ensure income for people, it is necessary to clearly state "how".

" I think it is necessary to include it in the Law or assign the Government to prescribe specific policies so that resettled people can create new livelihoods and careers ," Mr. Vo emphasized.

According to Mr. Vo, new livelihood orientation can be achieved through policies on land allocation for non-agricultural production and business, and new land allocation so that people have income.

For the recovered land areas that are frontage land, it is mandatory to resettle on the spot. The new land area may be smaller than the old land, but people will benefit from the new wider road surface.

For agricultural and forestry land, the Land Law (amended) stipulates: compensation can be made in the form of land of the same type or in money, or in the form of land of a different type and assets attached to the land. The provision of a different type of land is an innovation of the Law, but it must be clearly stated instead of "may".

In addition, according to Mr. Vo, the Land Law (amended) needs to stipulate that vocational training for landless people must be consistent with the capacity of workers and the actual needs of the market. A current reality is that many vocational training centers only train the jobs that the center knows, not according to the capacity of the people and the actual needs of the market.

“ If people move to a new place with higher income, they will be willing to move, ” Mr. Vo emphasized.

Mr. Vo also said that many localities have now implemented the creation of livelihoods for people after relocation. He cited that in Da Nang, many households after relocating from their old residences were arranged by the government to have new kiosks to do business and trade in street areas or in newly established markets.

“ Because of creating good social security, Da Nang has been able to easily clear land and modernize planning to become a livable city, ” Mr. Vo emphasized.

Commenting on the Draft Law on Land (amended), Mr. Nguyen Van Manh, former Director of the Institute of State and Law, Ho Chi Minh National Academy of Politics, also said: “The draft has many provisions that care about the interests of people whose land is recovered. But in my opinion, it is not clear who will be the one to implement it. For example, if farmers have their land recovered, who will be responsible for organizing vocational training classes and the costs? In my opinion, the project owner must bear those costs. Previously, such regulations were made, but in reality, they were implemented very formally or not at all. People whose land was recovered just go everywhere without anyone paying attention, even though the law has regulations."

The draft Land Law (amended) has emphasized ensuring income and livelihood for people whose land is recovered, but when concretizing, there needs to be clear regulations to ensure feasibility, otherwise it may cause procrastination in site clearance.

Ngoc Vy

Useful
Emotion
Creative
Unique

Source: https://vtc.vn/ke-sinh-nhai-trong-luat-dat-dai-sua-doi-chu-truong-moi-nhan-van-ar800928.html