Some provisions may be open to different interpretations, increasing the risk of litigation.
Concerned about the draft Land Law (amended), at the conference of full-time National Assembly deputies (from April 5-7), Delegate Dinh Ngoc Minh (Ca Mau) expressed his concern that currently, complaints in the land sector sent to the National Assembly's Petition Committee account for 70%, so after amending the Law this time, how much do the Drafting Committee think can be reduced in the land sector?
National Assembly Deputy Dinh Ngoc Minh said that some current provisions of the draft Law may cause different interpretations, leading to very different implementation and increasing the risk of lawsuits. For example, the provisions on land classification and regulations on land use conversion. Article 10 of the draft Law classifies many types of land, but Article 117 only has a few that must be converted to land use...
National Assembly Delegate Dinh Ngoc Minh (Ca Mau) speaks.
In addition, National Assembly member Dinh Ngoc Minh pointed out that currently in our country there are about 80 million unsold houses, not to mention the houses that have been sold but are not occupied. The delegate asked whether this amendment to the Law will reduce real estate speculation and real estate bubbles, to create resources for production or not? The delegate suggested that the Drafting Committee should have a specific assessment of this issue to avoid the consequences of growth based on real estate.
In addition, Delegate Minh emphasized whether this amendment to the Law will create conditions for investors to easily access land to open factories and plants to take advantage of opportunities and develop their business or not? This issue also needs to be evaluated.
More clearly quantify the factor of "ensuring people's lives are equal or better" after land acquisition
Meanwhile, National Assembly Deputy Tran Chi Cuong (Da Nang City) assessed that this draft Law has many new and reasonable additions, absorbing many opinions from the people. The delegate expressed his agreement with the provisions on the principles of compensation, support, and resettlement when the State recovers land. Accordingly, the State considers supporting people whose land is recovered, owners of assets attached to the land to create conditions for people whose land is recovered, owners of assets to have jobs, have income, stabilize their lives, and produce.
National Assembly Delegate Tran Chi Cuong (Da Nang City) spoke.
The draft law also clearly stipulates that resettlement areas must complete conditions of technical infrastructure and synchronous social infrastructure according to detailed planning approved by competent authorities; at the same time, they must be consistent with the cultural traditions and customs of the residential community where the land is recovered. Resettlement areas can be arranged for many projects.
In order for the above policy to be truly effective when put into practice and to minimize the occurrence of difficulties, National Assembly Deputy Tran Chi Cuong suggested that it is necessary to continue researching and supplementing other specific regulations to ensure clearer quantification of the factor of "ensuring people's lives are equal to or better" after land compensation and recovery.
Regarding the authority to reclaim land, National Assembly Deputy Tran Chi Cuong proposed to regulate in the direction that the Prime Minister decides to reclaim national defense and security land to implement socio-economic development projects for national and public interests based on the proposal of the provincial People's Committee and the approval document of the Minister of National Defense and the Minister of Public Security. According to the delegate, such regulation will ensure the uniformity of the Prime Minister's authority, shorten the time to handle procedures, and simplify the organization of implementation.
Illustration photo.
Land price list should be built periodically every 3 years instead of 1 year as in the draft Law.
Concerned about the land finance issue in the draft Law, National Assembly Delegate Huynh Thi Phuc (Ba Ria - Vung Tau) said that the current land price determination and land price determination methods have some inappropriate points, and do not demonstrate openness and transparency, causing negative issues, affecting the State's land policy and the legitimate rights and interests of the people.
Therefore, new regulations need to be reviewed, amended, supplemented, ensuring suitability, feasibility and effectiveness, but attention should be paid to the time lag in applying the regulations, the method of determining land prices according to the new method. In particular, consider applying the coefficient method to calculate land use fees and land rents. Specifically, Clause 1, Article 154 of the draft Law stipulates that the land price list is built periodically every year, so it should be amended to "the land price list is built periodically every 3 years" to avoid wasting time in organizing and the procedures for building the land price list.
National Assembly Delegate Huynh Thi Phuc (Ba Ria - Vung Tau) expressed her opinion.
Delegate Huynh Thi Phuc also proposed to add Clause 3, Article 154 on the land price list used as a basis for calculating support when the State recovers land for project implementation related to the principles and valuation methods in Clause 3, Article 163. It is recommended that the Drafting Committee consider adding conditions for applying valuation methods and amending in the direction: The Government prescribes methods for determining land prices, conditions for applying land price determination methods, procedures for developing land price lists, and specific land valuation; building a land price database, inspecting and supervising the implementation.
Regarding land recovery, the National Assembly Delegate proposed that the Drafting Committee adjust Clause 3, Article 89 of the draft on the principle of compensation when the State recovers land in the direction that: For households and individuals whose land is recovered, compensation will be considered with other land of equivalent value and location to the recovered land, or compensation in cash, and it is necessary to supplement specific regulations on criteria for considering support and support levels when the State recovers land in Article 104 of the draft Law.
The drafting committee also needs to consider amending Clause 1, Article 157, which stipulates the factor of permanent residence registration when recognizing land use rights for households and individuals who are using land without documents on land use rights...
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