Proposal not to bid for projects that have not cleared the land

Accordingly, HoREA proposed not to bid for projects using land that has not been cleared, but only to bid for projects using land that has been cleared to avoid conflicts of interest between state agencies and people whose land has been recovered after selecting investors through bidding for projects using land.

Because at Point c, Clause 5 and Clause 6, Article 126 of the draft Law on Land (amended) stipulates the responsibility of the provincial People's Committee to organize and implement the plan for compensation, support, resettlement, and land recovery according to the provisions of this law. Within 36 months from the date of issuance of the decision recognizing the winning bid results, the competent People's Committee must complete the compensation, support, and resettlement to allocate land and lease land to the winning investor. The winning investor is responsible for providing capital to implement compensation, support, and resettlement according to the request of the competent state agency. After 3 months from the date of receipt of the request of the competent state agency, if the investor fails to provide enough capital to implement compensation, support, and resettlement, the competent state agency shall decide to cancel the winning bid results.

Đề nghị không đấu thầu dự án chưa giải phóng mặt bằng- Ảnh 1. — It is proposed not to bid for projects using land that has not been cleared, but only to bid for projects using land that has been cleared.

According to HoREA, the regulation of the responsibility of the provincial People's Committee to conduct bidding first and select an investor, then issue a decision to recover land, organize compensation, support, and resettlement to hand over clean land to the winning investor has some shortcomings and may cause conflicts of interest between the state agency and the person whose land is recovered.

Therefore, it is necessary to remove the regulation on the responsibility of the People's Committee at the competent level to complete the compensation, support, and resettlement to allocate and lease land to the winning investor so as not to "turn" the Provincial People's Committee into an "employee" for the winning investor of the project using land.

This also makes people whose land is recovered easily "misunderstand" that the State is recovering their land to hand over to private investors and using the private investors' advance payment to carry out compensation, support, and resettlement without people knowing that the State has selected investors through public and transparent bidding.

The regulation that the State carries out compensation, site clearance, support, and resettlement after bidding for land-using projects and selecting investors is completely different from the case where the State proactively carries out compensation and site clearance before bidding for projects. If there is clean land and then auctions land use rights and bids for land-using projects, the State will collect the maximum difference in land rent for the State budget to serve national and public interests. At that time, there will certainly be no conflict of interest between the State agency and the people whose land is recovered and consensus will be reached between the people whose land is recovered and the whole society.

The content of Point c, Clause 3 and Clause 6, Article 126 of the draft Land Law (amended) is only beneficial to investors, but not to state agencies. Because, with these regulations, the most difficult and complicated work, which is compensation, site clearance, support, and resettlement, will be "pushed" to the State to implement after bidding for projects using land to select investors as analyzed below.

Mr. Le Hoang Chau, Chairman of HoREA, emphasized that only bidding for projects using land that has been cleared will ensure consistency and unity with Clause 2, Article 126 of the Draft Land Law (amended). Therefore, it is proposed to remove the regulation on bidding for projects using land that has not been cleared and only stipulate bidding for projects using land that has been cleared.

In fact, there are still commercial housing project investors who carry out compensation and site clearance by themselves through receiving land use rights transfers from landowners, but they often encounter many difficulties and obstacles, which can easily lead to the situation of "leopard skin" land, making it impossible to implement the project and burying capital. Therefore, most commercial housing project investors want to participate in land use rights auctions and bidding for projects using land to immediately have clean land to implement the project.

Source link