National Assembly delegates contributed many opinions on land recovery of the draft Land Law (amended)

On the morning of January 15, at the National Assembly House, continuing the program of the fifth extraordinary session, the National Assembly discussed in the hall a number of new contents or different opinions of the draft Land Law (amended). Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting.

Vice Chairman of the National Assembly Nguyen Duc Hai chaired a meeting in the hall on some new contents or different opinions of the draft Land Law (amended) on the morning of January 15.

Commenting at the meeting, delegate Tran Dinh Gia, National Assembly Delegation of Ha Tinh province, said that regarding the order and procedures for compensation, resettlement support, land recovery for national defense, security, socio-economic development for national and public interests, point b, clause 2, Article 87 of the draft law needs to add the phrase "or provincial level", thereby completely amending it to: in case of not being able to contact and not being able to send land recovery notice to the person whose land is recovered, the notice will be published in a daily newspaper of the Central or provincial level for 3 consecutive issues, or broadcast on the Central or provincial radio and television for 3 consecutive days.

According to delegate Tran Dinh Gia, if only the announcement is regulated in the central newspaper, it will be very difficult and confusing to help people access information. At the same time, the delegate also proposed to remove the regulation in Clause 5, regarding the content of the People's Committee with the authority to recover land issuing a decision to recover land within 10 days, because it is not feasible, because the time for adjusting the unit price of property compensation is regulated by the Provincial People's Committee to change the unit price of compensation between the later unit price and the previous unit price.

According to delegate Ho Thi Kim Ngan, the National Assembly Delegation of Bac Kan province , regarding the organization of implementation of land use planning and plans, Clause 7, Article 76 of the draft law stipulates that the land area determined in the annual land use plan at the district level has been approved by the competent authority to be recovered for project implementation or must change the land use purpose, but after 2 consecutive years of implementation in the annual land use plan at the district level, there has been no decision to recover the land or permission to change the land use purpose, the competent authority approving the annual land use plan at the district level must review, evaluate, adjust, cancel and must announce this adjustment and cancellation.

Article 76, Clause 8 stipulates that every year, the provincial People's Committee is responsible for organizing the review, handling and public announcement of land recovery, land use purpose conversion, cancellation of land recovery, and land use purpose conversion for land recorded in the annual district-level land use plan.

The delegate raised the issue that Clause 7 mentions adjustment and cancellation, however, Clause 8 only mentions cancellation. In case of adjustment or cancellation, is the adjustment in Clause 7 understood as an adjustment of the recovery time? If after 2 consecutive years it is not implemented, what procedures will be followed? Is it necessary to go through the Provincial People's Council before the People's Committee announces the cancellation? The delegate suggested that these contents need to be clarified further.

Delegate Ho Thi Kim Ngan, National Assembly Delegation of Bac Kan province.

Contributing opinions at the meeting, delegate Le Thanh Hoan, National Assembly Delegation of Thanh Hoa province, said that regarding land recovery (Clause 3, Article 81) and excluding the revocation of issued certificates (Clause 4, Article 152), the draft law still has contradictory and inconsistent provisions, specifically, Article 81 does not exclude cases where land use rights have been converted, transferred, inherited, or donated.

Delegates proposed to consider and carefully study this provision, remove the exclusion provision in Clause 4, Article 152, and only apply Point d, Clause 2, Article 152 and Clause 3, Article 81 to revoke certificates and reclaim land in cases of granting and allocating land without proper authority or to the wrong subject.

Participating in the discussion at the meeting, delegate Nguyen Hoang Bao Tran, National Assembly Delegation of Binh Duong province , said that Clause 8, Article 126 stipulates: within 36 months from the date of issuance of the decision recognizing the winning bid results or other period according to the contract signed with the competent state agency, the People's Committee at the competent level must complete the compensation and resettlement support to allocate land and lease land to the winning investor.

Delegates proposed to supplement regulations on handling cases where, after 36 months from the date of issuance of the Decision recognizing the winning bid results, the People's Committee at the competent level has not completed the compensation and resettlement support to allocate land and lease land to the winning investor, because in reality, there are cases where the winning investor fully performs the obligation to advance capital to implement compensation and resettlement support, however, the time for the competent authority to compensate and support resettlement is very long, affecting the progress of the project, causing damage to the investor.

In addition, delegates also reflected that many businesses recommended that it is necessary to clearly stipulate in the law or assign the Government to specify in detail the capital advance according to the progress of site clearance, to create favorable conditions for investors and the implementation process to be clear and transparent in terms of responsibilities and rights between related parties.

Delegate Le Thanh Hoan, National Assembly Delegation of Thanh Hoa Province

At the discussion session, delegates also gave many opinions on the key issues of the draft law such as: land valuation method; types of land for commercial housing projects through agreements on receiving land use rights or having land use rights; the relationship between land recovery cases and agreements on receiving land use rights or having land use rights to implement socio-economic development projects not using state budget capital.

Concluding the discussion, Vice Chairman of the National Assembly Nguyen Duc Hai stated that because this is a large, massive, and complicated law project, there are opinions from delegates suggesting that a Resolution of the National Assembly is needed to guide the implementation of the law. The Vice Chairman of the National Assembly requested the Government and research agencies to promptly develop a draft Resolution and the contents that need to be expressed in the Resolution to submit to the National Assembly.

Delegates also gave opinions on the rights and obligations of organizations and individuals using land, land use planning, land lease, land recovery, auction, bidding for land use rights, land valuation, transitional regulations, implementation provisions, and many specific and valid opinions on programs, chapters, articles, and clauses in the law.

The Vice Chairman of the National Assembly said that the opinions of the delegates have been recorded and fully transcribed, and will soon be compiled to serve the reception and explanation process. The National Assembly Standing Committee will direct the drafting agencies, the verification agencies, and relevant agencies to focus on research, promptly receive all participating opinions to complete the report, receive, revise, complete and report to the National Assembly at the morning session on Thursday, complete the draft law to submit to the National Assembly for consideration and approval.

Source: https://baoquocte.vn/dai-bieu-quoc-hoi-dong-gop-nhieu-y-kien-ve-thu-hoi-dat-cua-du-thao-luat-dat-dai-sua-doi-257487.html