Regulations should not only create advantages for businesses.

Speaking at the discussion session, contributing comments to Article 127 of the draft Land Law (amended), delegate Nguyen Cong Long (Dong Nai delegation) stated that the draft law has a provision that for commercial housing projects, the right to use residential land or other land can be negotiated, with the purpose of allowing businesses to negotiate and construct for commercial purposes on land that is not residential land...

Delegate Nguyen Cong Long spoke at the meeting.

According to the delegate, this issue is closely related to the draft Law on Housing (amended); this is not a new issue and was fiercely debated in the hall.

When explaining and accepting, the National Assembly Standing Committee clearly stated its view that it would not add the form of using non-residential land for commercial housing construction to avoid taking advantage of policies and causing loss of state budget. Therefore, the delegates requested clarification as to why the draft law has made this change.

Delegate Nguyen Cong Long said that Resolution No. 18 clearly states that the mechanism of self-negotiation in the transfer of land use rights between people and enterprises in urban and commercial housing projects will continue to be implemented. However, applying this content in the direction of allowing enterprises to negotiate land use rights to conduct business in commercial housing projects is inappropriate.

According to the delegate, it is necessary to clearly distinguish between land recovery and agreement because their nature is completely different. When recovering land for national defense, security purposes, or for socio-economic development, there must be very careful consideration.

“If this regulation is only to satisfy real estate businesses. Real estate businesses and investors have the right to buy all agricultural land and forest land to convert to the purpose of building commercial housing projects. The issue of fully exploiting land rent differences is still not possible, it is very difficult to ensure,” the delegate analyzed.

Legalization of regulations on land readjustment

Contributing to the conference, delegate Le Thanh Hoan (Thanh Hoa delegation) stated that land acquisition and resettlement compensation are important issues that greatly affect people’s rights. Every year, land-related complaints still occur.

Therefore, Thanh Hoa province delegates said that the draft Land Law (amended) needs to have sustainable policies for cases of compulsory land recovery.

Delegate Le Thanh Hoan.

Accordingly, delegate Le Thanh Hoan suggested that Article 79 of this draft law should specifically stipulate cases where an agreement must be made. At the same time, in addition to cases where an agreement must be made, it is necessary to add a principle that in land recovery, there must be a method for land readjustment.

The delegate analyzed that land readjustment is a policy stipulated in Resolution No. 18 and stipulated in Article 219 of the draft law: This is a method of land rearrangement in a certain area, based on the consensus of land users to readjust the land.

"This is a very new content of the draft law compared to previous land laws," said the delegate.

The delegate said that in Vietnam, part of the mechanism for land transfer has been applied in practice such as: Mobilizing land donation for road construction in urban areas, rural residential areas or encouraging land consolidation and plot exchange...

However, the unclear legal mechanism will make it difficult to promote urban renovation and reconstruction as well as support the implementation of large-scale fields.... Meanwhile, legalizing regulations on land readjustment is a very important content, so it needs to be supplemented in the case of majority consensus and placed under the principle of land recovery to be able to connect with other contents of the law, not just an independent provision that is only encouraging.

"Therefore, it is possible to readjust land, but instead of participating completely voluntarily, there should be legal regulations for land users to negotiate with investors, which is essentially under the principle of compulsory land recovery," the delegate proposed.

THAO PHUONG

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