Specify criteria for land acquisition

Regarding the issue of land recovery, Ms. Hoang Thi Loi, Deputy Head of the Democracy and Law Advisory Board, District 1 Fatherland Front Committee, commented on the recent reality that some places have recovered people's land and then handed it over to investors to build luxury apartments and villas for sale at high prices, which has nothing to do with national or public interests. Ms. Loi suggested that when recovering land for public interests, it must be made clear. The Front and other organizations must closely monitor and prevent cases of taking advantage of clearing the central area for other benefits.

Lawyer Nguyen Thanh Binh commented on the provision in Article 13 of the draft: "Land use rights are a special type of property and commodity but are not ownership rights...". According to him, over the years, individuals and organizations assigned land use rights have transferred land use rights, but this transfer is no different from transferring the right to use state-owned housing. In addition, many housing construction projects and other business projects have carried out land recovery and land valuation for compensation that is unreasonable and not in accordance with the nature of civil transactions, leading to disputes, complaints and lawsuits.

Mr. Nguyen Thanh Binh proposed to have regulations to prevent the phenomenon of price gouging for compensation for clearance of residential land and land for growing crops.

Mr. Binh believes that in fact, land users are not respected for their land use rights as assets and commodities. This is one of the fundamental reasons for many complaints from the people. Therefore, he proposed that the draft revised Land Law clearly state that land users have the right to buy and sell land use rights according to the provisions of the law. According to Mr. Binh, this provision helps prevent the phenomenon of forcing down compensation prices for clearing residential land, land for planting trees, etc. when reclaiming people's land for housing businesses and production premises businesses, causing damage to the interests of land users, causing frustration in state management and social frustration.

According to the Ho Chi Minh City Bar Association, land recovery is an issue related to many organizations, forces and the interests and livelihoods of many people. This is also one of the sensitive areas. Therefore, there should be regulations for specific cases to harmoniously resolve the relationship between the state, investors and land users. The Ho Chi Minh City Bar Association also proposed that the draft law should institutionalize regulations to ensure the rights of people whose land is recovered, and should specifically stipulate the criteria of "the new place is better than the old place".

Source: https://nld.com.vn/thoi-su/cu-the-hoa-cac-tieu-chi-khi-thu-hoi-dat-20230217222124585.htm