Commenting on the draft Land Law (amended) this morning, National Assembly delegate Hoang Van Cuong (Hanoi) highly appreciated the efforts of the drafting and reviewing agencies, saying that the content of the Draft Law is basically quite complete and can be passed at this session. However, according to the delegate, there are some points that need to be considered and adjusted further.
| Draft Land Law (amended): 18 major contents agreed upon |
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| Delegate Hoang Van Cuong |
According to this delegate, firstly, Clause 27, Article 79 must be re-regulated to comply with the provisions of Point a, Clause 1, Article 126 and the requirements of Resolution 18.
Specifically, Point a, Clause 1, Article 126 stipulates: The State allocates land with land use fee collection, leases land through bidding to select investors to implement investment projects using land in the following cases: a) Projects specified in Clause 27, Article 79 of this Law for which the Provincial People's Council decides on land allocation, land lease through bidding, selecting investors to implement investment projects using land. The Provincial People's Council stipulates criteria for deciding to conduct bidding to select investors to implement investment projects using land in accordance with the actual situation of the locality.
According to Mr. Cuong, the above regulation is very consistent with the spirit of Resolution 18: Land allocation and lease are mainly implemented through land use rights auctions and bidding for projects using land. However, Clause 27, Article 79 only stipulates: Implementing investment projects to build urban areas with mixed-use functions, synchronizing technical infrastructure systems, social infrastructure with housing according to the provisions of the law on construction.
Thus, if the regulation is as in Clause 27 of Article 79, "Only investment projects to build urban areas with mixed-use functions, synchronous technical infrastructure systems, social infrastructure with housing according to the provisions of the law on construction" must bid to select investors. So investment projects to build urban areas that do not satisfy Clause 27 of Article 79, or housing construction projects where the land origin is not residential land according to Point b, Clause 1, Article 127, are also not agreed upon. So how will these projects be implemented?
According to Mr. Cuong, the provision in Clause 27, Article 79 of the draft Law, which limits only one type of project to be put out for bidding to select investors, is contrary to the spirit of Resolution 18.
Furthermore, we cannot force investors who have won the project bid or the land use rights auction to negotiate with the people about the land. Projects that have won the bid cannot be forced. Therefore, he proposed to amend Clause 27, Article 79 as follows: Land use projects must auction the land use rights or bid to select investors according to the regulations of competent authorities.
Second, in principle, compensation, support, and resettlement when the state acquires land must specify the requirements of Resolution 18, which is to have specific regulations on compensation, support, and resettlement so that after land acquisition, people whose land is acquired must have a place to live, ensuring a life equal to or better than their old place of residence.
Delegate Hoang Van Cuong strongly agrees with the very specific regulation on technical infrastructure standards of resettlement areas at Point a, Clause 2, Article 110: Technical infrastructure of resettlement areas must meet new rural standards for rural areas and urban standards for urban areas. The delegate proposed that this is the minimum standard for resettlement areas. If there are conditions to build resettlement areas in rural areas but meet new urban standards, it is encouraged and not limited. Therefore, at this point, the delegate further proposed that: Technical infrastructure of resettlement areas must not be lower than new rural standards for rural areas and not lower than new urban standards for urban areas.
The delegates also strongly agreed with the regulation on priority selection of resettlement area locations in Clause 3, Article 110, which is that resettlement locations are selected in the following order of priority: a) In the commune, ward, or town where the land is recovered; b) Expanded in the district, town, or city; c) In other locations with equivalent conditions.
He suggested adding one more point: Prioritizing the land planned for residential land with the most favorable location in the area selected as the resettlement area. According to him, it is necessary to add this regulation to avoid the situation where some localities reserve the land planned for residential land with the most favorable location for auction to collect money, while in remote and difficult areas where no one wants to buy, they arrange resettlement areas.
A practical lesson is that the resettlement projects on Hanoi's Ring Road 4 are being implemented in the most favorable locations for resettlement and infrastructure construction in rural and suburban areas, but as new urban area standards, the people who have to relocate are very supportive.
He also highly appreciated the provisions in Clause 4, Article 91, which clearly shows the State's responsibility towards people whose land is recovered: The State has the responsibility to support people whose land is recovered and property owners to create conditions for people whose land is recovered and property owners to have jobs, income, and stabilize their lives and production.
The best and most sustainable support plan is not to give money to people but to create space and premises for production and business. If the land is currently used as a production and business factory, the compensation and resettlement support plan must include a plan to create new premises for production and business activities to be relocated to the most convenient locations, where production and business activities can be re-established.
If agricultural land is recovered, if the person whose land is recovered cannot change his/her occupation to work in an industrial park or urban area, the recovery and compensation plan must plan for service land area to build houses for rent or to sell goods and provide services to help the person whose land is lost have jobs and income.
In the regulations on subjects of land recovery, there are only regulations on land recovery for resettlement areas, there are no regulations on land recovery to create production and business premises for people whose land is recovered. Therefore, the delegate proposed to add to Clause 21, Article 79: Land recovery must create production and business premises for people whose land is recovered.
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