Proposal to adjust the "hanging" land reclamation notice

Ensuring the rights of land users

On the morning of January 15, the 15th National Assembly opened its 5th extraordinary session. The National Assembly discussed in the hall a number of new contents or different opinions of the draft Land Law (amended).

Exchanging on the sidelines of the National Assembly, National Assembly Delegate Huynh Thi Anh Suong - Deputy Head of the Quang Ngai Province Delegation said that through studying the draft submitted at this session, the National Assembly Standing Committee has directed the drafting agency and the reviewing agency to absorb and resolve many major issues with different opinions at the 6th Session, ensuring harmony of rights and interests of all parties in land relations.

Comments on the land recovery notice and compliance with the land recovery decision for national defense and security purposes; socio-economic development for national and public interests, according to Ms. Suong, in Clause 5, Article 85 of the draft stipulates: The validity of the land recovery notice is 12 months from the date of issuance of the land recovery notice.

During this period, assets attached to the land created will not be compensated when the land is recovered (stipulated in Clause 2, Article 105).

National Assembly Delegate Huynh Thi Anh Suong - Deputy Head of the delegation of Quang Ngai province.

After 12 months from the date of issuance of the land reclamation notice, if the land has not been reclaimed, the rights of land users need to be specifically regulated. Therefore, it is proposed to supplement regulations on legal consequences after the effective date of the land reclamation notice to ensure the rights of land users.

“The current law does not regulate this issue, so in reality, there are many problems. There are many projects where authorities issue notices of land reclamation, but compensation and resettlement are slow and drag on for many years. The notice of land reclamation is suspended, people are not allowed to build, divide plots of land... affecting the lives and jobs of people whose land is reclamation,” said Ms. Suong.

Regarding the order and procedures for compensation, support, resettlement, and land recovery for national defense, security, and socio-economic development for national and public interests, Ms. Suong said that at point b, clause 4, the draft stipulates that the unit or organization performing the task of compensation, support, and resettlement is responsible for "sending the compensation, support, and resettlement plan approved by the competent authority to each person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations".

However, there are many documents on compensation, support and resettlement plans for the project, so sending them to each person will be difficult, unreasonable and wasteful.

Therefore, Ms. Suong proposed to regulate the posting of compensation, support and resettlement plans at the headquarters of the People's Committee at the commune level and at the common living place of the residential area where the land is recovered; only send relevant content to each person.

Additional conditions for land recovery

Delegate Hoang Van Cuong (Hanoi delegation) said that after the 6th session of the 15th National Assembly, the draft Land Law still has many options to choose from, 2 or 3 options. This shows that the delegates listen to the people's opinions and raise issues that need to be discussed.

However, after a very short time, from the 6th Session until now, in this new draft, almost all the issues raised before that still had different views have been agreed upon. That proves that there is acceptance, listening, and filtering before making decisions. At the same time, it shows a very high level of agreement between the drafting agency, the agency submitting to the government and the reviewing agency, the National Assembly.

Delegate Cuong said that the draft Land Law (amended) can basically be passed, but some points need to be adjusted.

National Assembly Delegate Hoang Van Cuong.

For example, the provisions of Resolution 18 emphasize that land allocation must mainly be through land use rights auctions and bidding. Currently, the Law gives the right to the People's Councils of localities to set criteria for which projects must be auctioned, to regulate interests, rents and create a competitive environment. However, that project must be recovered by the State.

“There is no reason why we should let the winning investor negotiate with the people after winning the bid. Therefore, the conditions for land recovery must be supplemented,” said Mr. Cuong.

In addition, issues related to resettlement, compensation and support for people to have jobs; conditions for additional land acquisition to create jobs for people, criteria for new urban areas and resettlement areas to have better conditions than old places of residence... also need to be supplemented.

Delegate Cuong hopes that delegates will be unanimous and contribute ideas so that the Land Law (amended) can be passed in this Extraordinary Session .

Source: https://www.nguoiduatin.vn/de-nghi-dieu-chinh-viec-thong-bao-thu-hoi-dat-treo-lo-lung-a645481.html