Remove obstacles and problems
On June 21, according to the working program of the 5th Session, the National Assembly spent the whole day discussing the draft Land Law (amended).
Talking to Nguoi Dua Tin on the sidelines of the National Assembly, National Assembly Delegate Quan Minh Cuong - Head of the National Assembly Delegation of Dong Nai province gave his opinion on some contents on land use to implement socio-economic development projects.
Regarding the regulations on land use to implement socio-economic development projects through agreements to receive land use rights or have land use rights, Mr. Cuong said that currently, to implement land allocation and land lease for projects using land, according to the content of the draft, priority is given in the following order: Land lease through auction of land use rights, bidding to select investors for projects using land; and land use through agreement is the final choice.
National Assembly Delegate Quan Minh Cuong - Head of the National Assembly Delegation of Dong Nai province.
In fact, the agreement on land use rights to implement socio-economic development projects has helped to quickly implement the project, promote the efficiency of land use and avoid complaints related to site clearance, compensation, support, resettlement, on the basis of voluntary agreement, so it has the consensus of the people... At the same time, the State also has budget revenue through collecting fees for land use conversion.
However, according to the provisions of Point b, Clause 1, Article 27, "In the case of using land to implement a commercial housing project, it is allowed to agree on receiving the right to use residential land or residential land and land other than residential land".
Thus, in case the project boundary does not have "at least 1m2" of residential land, then no agreement is allowed and will lead to many different consequences.
"Therefore, I think there should be separate regulations for cases where land is not residential land, as long as it is in accordance with the planning types, meets the conditions for changing the land use purpose and other conditions for project implementation, then the regulations allow the implementation of the agreement. Thus, it will remove the obstacles and shortcomings," Mr. Cuong said.
In addition, Mr. Cuong also proposed to study and allow the implementation of agreements on agricultural land to carry out commercial housing projects.
Limit complaints about compensation value - support
At the same time, it is proposed to study the application of a "neutral" method to clear land to implement socio-economic development projects.
According to Mr. Cuong, voluntary agreement on land use rights between enterprises and land users will help project implementation to be quick, promote land use efficiency and avoid complaints, so it has obvious advantages.
However, in reality, very few businesses can negotiate 100% of the land area, because there are often cases where a minority of land users do not cooperate with the project investor, especially in cases where land users know that the location of the land plot cannot be separated from the project boundary, and will demand unreasonably high prices, even many times higher than the market price.
At that time, investors either have to accept unreasonably high prices to be able to carry out the project, leading to the consequence of increasing land prices, causing difficulties in compensation, resettlement support, or land use rights agreements for other projects in the area.
In case the investor does not accept the price being too high, it will cause congestion in project development, wasting land resources for most of the area that has agreed on land use rights.
Therefore, most investors want the State to reclaim land to implement projects, but land reclamation often causes complaints, especially complaints about compensation value.
"Therefore, I think it is necessary to study and implement a "neutral" method that promotes the advantages and reduces the disadvantages of the two methods above, by encouraging agreements on land use rights to implement socio-economic development projects.
In case the investor has agreed on 80% of the area and has difficulty in negotiating because the remaining minority of land users demand unreasonable prices, the State will support the land recovery for the remaining 20% of the area," Mr. Cuong analyzed.
Land acquisition often causes complaints, especially complaints about compensation value.
The head of the Dong Nai delegation said that the draft also stipulates the method of determining land prices according to market principles and the calculation of specific land prices in cases where the State reclaims land, so it is possible to refer to the unit prices that investors have agreed on for other areas to apply to land reclamation cases. From there, it also limits complaints about compensation and support values, ensuring the rights of people whose land is reclaimed.
Thus, it will solve the problems for socio-economic development projects implemented through agreements on land use rights, in which a minority of land users demand too high an agreement value, causing congestion in project development.
Regarding land valuation methods, Mr. Cuong said that the draft only stipulates 4 land valuation methods and removes the surplus method. However, in practice, the surplus method is being widely used in determining land prices for large land areas, mixed-use construction investment projects, interwoven with different purposes such as housing, commerce, services, offices, hotels, etc.
"So the question is whether the remaining land valuation methods can play the role of the surplus method?", he wondered.
He stated that depending on the type of real estate, different valuation methods will be applied. For example, for large plots of land with many different purposes of use, applying the comparison method is very difficult and not feasible because there is no information on comparable assets similar in scale, land use purpose, and planning criteria.
For the income method, it is applied to projects that have been put into operation, operated, and generated annual business cash flow. When applying the land price adjustment coefficient method, the problem is the quality of land price data collected annually (to build the annual price list) and the need to quantify the outstanding factors in terms of planning and land use structure of the land plot to be valued.
"Instead of abandoning the surplus method due to hypothetical factors, it is necessary to develop a standard and more specific regulations on the parameters applied in the calculation to synchronize and unify the implementation of land price determination, to promote the advantages when applying this method to some cases that need to determine specific land prices," Mr. Cuong suggested .
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