BTO-This afternoon, November 3, continuing the working program of the 6th Session, at the National Assembly House, under the chairmanship of National Assembly Chairman Vuong Dinh Hue, the National Assembly discussed in the hall a number of contents with different opinions of the draft Land Law (amended).
Speaking at the discussion hall, Deputy Head of the National Assembly Delegation of Binh Thuan Province Nguyen Huu Thong said that the draft Law has absorbed and supplemented many new regulations to maximize land resources.
Commenting on the scope of receiving land use rights transfer of foreign-invested economic organizations in Article 28, delegate Nguyen Huu Thong agreed with option 2. The reason is that it is necessary to specify in the law to avoid the reality of application having many different interpretations in local administrative agencies, causing difficulties for businesses.
Regarding individuals who are not directly involved in agricultural production and receive the transfer of rice-growing land in Clause 7, Article 45, delegate Nguyen Huu Thong agreed with option 3. According to the delegate, currently, the Government and the Ministry of Agriculture and Rural Development are interested in encouraging investment in science and technology in agricultural production in general and rice production in particular, creating conditions for the development of Large Fields. Land preparation, care, harvesting, and processing have been mechanized nearly 100%, the use of aircraft for fertilization and spraying of pesticides is quite common, etc. Therefore, the regulation that individuals who are not directly involved in agricultural production and receive the transfer of rice-growing land exceeding the limit in Clause 1, Article 177 must establish an economic organization and have a plan for using rice-growing land is consistent with the current trend of mechanization and application of advanced technology in rice production and cultivation; creating conditions for the development of Large Fields. At the same time, create conditions for households and individuals over 50 years old to transfer more conveniently or change jobs to ensure their livelihood.
In Article 79 - On land recovery for socio-economic development for national and public interests, specifically Clause 15, for medical facilities, social service facilities; educational and training facilities in Clause 16; sports facilities in Clause 17; science and technology facilities in Clause 18; delegate Nguyen Huu Thong agreed with the State's land recovery for construction projects using State capital; for construction projects with private capital, it should be reconsidered. The delegate agreed with the State's policy of encouraging the development of healthcare, education, sports or science and technology facilities. However, the delegate said that it is necessary to review whether the above construction projects originate from the interests of the community, the majority of people, whether they are for profit or not, and whether they should be encouraged or not. “We cannot reclaim land for private individuals and businesses to build golf courses in the field of physical education and sports, or in the medical field: reclaim land to build cosmetic hospitals, high-tech hospitals for specific groups of people. Therefore, I propose that we need to study, adjust and design the above to be suitable and in line with the policy of Resolution 18; avoid taking advantage for personal gain and in fact, currently over 70% of people complaining about land also stem from this factor” - delegate Nguyen Huu Thong suggested.
Commenting specifically on Clause 3, Article 80 and Clause 5, Article 87 - Regarding the conditions for compensation, support, and resettlement when land is recovered, delegate Nguyen Huu Thong agreed with the provisions of the draft Law and proposed to add provisions on "temporary accommodation arrangement and payment of temporary accommodation costs for people whose land is recovered to voluntarily hand over the land" to encourage people to voluntarily hand over the recovered land area, contributing to speeding up the compensation, support, and resettlement work, contributing to helping investment projects to be implemented soon.
On the other hand, the delegate proposed to re-study Clause 5, Article 136 of the draft Law because this content is unclear and quite confusing. In which, it is proposed to clarify the purpose of the provision of the section "determining the members who share the right to use land of a household to register their names on the certificate by the member himself/herself and is responsible before the law". According to the delegate, the provision as drafted does not clearly state the time when a member is considered a member of a household for the members to register on the certificate and this agreement is not based on what, the provision as drafted if unclear will easily cause conflicts and disputes between family members.
In Article 139 - Regarding the issuance of Certificates to households and individuals using land without documents on land use rights, not violating land laws, not falling into cases of land allocation beyond authority, delegate Nguyen Huu Thong agreed with option 2. "We need to create conditions to recognize the legal land use rights of the people, free up land resources that have long been stuck because of this issue to put into business and production. In addition, to fundamentally solve this problem, it is recommended that the Government have mechanisms and policies to support the issuance of Certificates to this subject" - delegate Nguyen Huu Thong suggested.
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