Problems from "land history"
A phrase we often hear when discussing with professional agencies about problems in land clearance is "due to land history".
That phrase, in fact, describes a very remarkable situation: land management in many localities has long been very loose and inconsistent. Specifically, it is the ambiguity in the management of public land; the misidentification of the origin when granting land use rights to people; or the appearance of the ambiguous letter "T" (residential land) in the land use rights certificate, causing many controversies...
The most obvious consequence of these errors is that they have created confusion for authorities and caused many people to disagree when applying compensation, support, and resettlement (R&D) policies.
The Thaco - Chu Lai Industrial Park project with a land acquisition scale of 451 hectares in Tam Anh Nam commune (Nui Thanh district) is a "typically slow" project, mainly due to the "history" of land management and use.
Land acquisition and clearance have been implemented since the end of 2019, and have been extended many times in the "ultimatums" of the provincial leaders, but up to now, the cleared land for this project has not been seamless.
According to the latest report, up to now, this project has acquired more than 351.3/451ha (78%) but the land is not yet contiguous. The specific problems listed in this project are public land; land consolidation and plot exchange; building houses on agricultural land; households do not agree on compensation for production forest land, request compensation for perennial land...
Nui Thanh District Land Fund Development Center is one of three units implementing site clearance work for the Thaco - Chu Lai Industrial Park Project. Through the handovers, the center has so far been responsible for site clearance for about 50% of the project's area.
Mr. Doan Thanh Tri - Deputy Director of the Nui Thanh District Land Fund Development Center admitted that the "historical" obstacles are very difficult to resolve in the site clearance work of this project; at the same time, he said that the regulation for houses built on agricultural land that are not allocated resettlement land (according to Decision 42 of the Provincial People's Committee on compensation, support, and resettlement when the State reclaims land) "is an obstacle that all projects are stuck with, but the 2024 Land Law has a direction to resolve it".
Disassembly direction
Rectifying land management and building a compensation, support and resettlement mechanism that is practical and in accordance with the 2024 Land Law are two key tasks that Quang Nam focuses on implementing with strict and timely direction to meet the needs of site clearance in the province.
Regarding land management, the first thing to do is to completely resolve the confusion in the "records" of public land management. According to the report, the province currently has 225,045 public land plots, with an area of 11,763.3 hectares, accounting for 3.14% of the total agricultural land area; of which 15,447 households have land lease contracts with an area of 1,720 hectares, and the remaining 10,043.3 hectares do not have land lease contracts (accounting for 85.5% of the area).
In a recent interview with Quang Nam Newspaper, Mr. Bui Ngoc Anh - Director of the Department of Natural Resources and Environment said that the 2024 Land Law continues to not recognize the issuance of "red books" for public land and when the State reclaims it, there will be no compensation for the land.
However, there is an important open direction that allows consideration, recognition and compensation when the State reclaims agricultural land that is not eligible for granting "red books" for cases where households and individuals have used the land stably and directly produced before July 1, 2004.
To apply this new point in the 2024 Land Law and related regulations, it is necessary to first "transform" the public land fund. According to the proposal of the Department of Natural Resources and Environment, in the case of public land without a lease contract (only established on land records, the State does not manage the public land fund according to regulations, people use the land in violation of land use), the Provincial Party Committee is requested to direct localities to focus on speeding up the progress of reviewing the public land fund in each locality.
Including reviewing and removing from the public land fund land that was previously established incorrectly; handling public land fund exceeding 5% (this task must be completed in the first quarter of 2025).
Particularly for key projects, localities are required to urgently organize pre-reviews and carry out the review and approval procedures as a legal basis for recovery and compensation in accordance with regulations and consider this a key task to completely resolve existing problems and shortcomings in the management of public land funds in general, as well as to resolve difficulties in the issuance of certificates, compensation, and site clearance for projects in particular in each locality...
Regarding the land acquisition mechanism, Quang Nam has directed the early implementation of the task of developing regulations on compensation, support, and resettlement. Immediately after the 2024 Land Law took effect and the Government issued a Decree on compensation, support, and resettlement when the State acquires land (Decree 88, dated July 15, 2024), the provincial authorities have developed, solicited comments, and advised the Provincial People's Committee on the draft Regulations on compensation, support, and resettlement when the State acquires land in Quang Nam province.
The notable point in this draft regulation is that households whose agricultural land is recovered can be compensated for residential land with many options of "compensation with land of a different purpose than the recovered land being agricultural land" according to the provisions of the 2024 Land Law.
The Draft Regulation on compensation, support and resettlement when the State acquires land in Quang Nam province stipulates many mechanisms, which are expected to create a "new wind" for land acquisition work in the province. This regulation will be considered and approved by the Provincial People's Council in the upcoming session; and the construction of "corridors" for land management in the province will continue to be implemented with many other contents according to the 2024 Land Law.
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Proposal to complete the legal framework for site clearance
Site clearance is considered the most “troublesome” area when implementing the provisions of the Land Law in the province. The compensation, support and resettlement policies previously developed, as acknowledged by professional agencies, are under pressure because they need to be close to the reality of land management and use - which has many shortcomings. Implementing the 2024 Land Law, Quang Nam is urgently building a legal framework, especially regulations on compensation, support and resettlement when the State reclaims land. Quang Nam Newspaper recorded some comments from the grassroots.
Mr. Tran Duy Quoc Viet - Deputy Head of the Department of Natural Resources and Environment of Dai Loc district: It is necessary to supplement many regulations on compensation and support policies.
The 2024 Land Law and Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government have basically provided specific guidance to remove obstacles and difficulties in site clearance (GPMB). With the contents under the authority of the Provincial People's Committee, the Department of Natural Resources and Environment has drafted the Regulations on compensation, support and resettlement when the State acquires land in Quang Nam province and sent them to localities for comments.
On this basis, the Department of Natural Resources and Environment of Dai Loc district has advised the district People's Committee to comment and supplement the content already in the draft. Notably, the district proposed to clearly and specifically stipulate the recovery of agricultural land of one or more projects when the State recovers land at a time or accumulated from the past to have a basis for implementation.
Supplementing the function of the electricity sector in determining houses and constructions serving the daily life of households and individuals that do not have to be relocated out of the safety corridor of overhead high-voltage power lines according to Government regulations.
Dai Loc District has suggested that additional content should be added to the draft draft prepared by the Department of Natural Resources and Environment. Accordingly, it is necessary to consider the regulation of the expenditure level to ensure the implementation of compensation, support and resettlement (R&D) as prescribed in Clause 8, Article 27 of Decree No. 88. It is proposed to stipulate the expenditure level determined by the percentage multiplied by the value of compensation, support and R&D.
Dai Loc district also requested clarification of the policy content to support the difference in minimum resettlement rate for households that are arranged for resettlement from the second lot or more.
Currently, some families have houses on perennial land originating from garden land and ponds in the same plot of land with houses, so it is necessary to supplement specific regulations on support levels or develop specific compensation unit prices for this type of land in the annual land price list of the Provincial People's Committee.
In fact, households that build houses all exceed the area of recovered residential land. This is the case of construction on perennial land originating from garden land and ponds in the same plot of land with houses. Therefore, the People's Committee of Dai Loc district has suggested that in the draft, there should be specific regulations on the construction time frame to determine the appropriate compensation or support level...
CONG TU (recorded)
Mr. Nguyen Minh Ly - Vice Chairman of Hoi An City People's Committee: Proposing institutionalization in regulations on resettlement
According to the provisions of the 2024 Land Law, the province will be given authority to issue a number of documents, including regulations on compensation, support and resettlement, and regulations on conditions for land division. The province is currently focusing on drafting them for early promulgation.
At this time, because there are no regulations, the implementation of new cases will certainly have problems. While waiting for new regulations, Hoi An focuses on resolving old backlogs, and in cases where compensation plans are available, mobilizes people to pay compensation and resolve issues related to resettlement policies. New cases will temporarily wait for new regulations from the province.
If in the past, compensation faced many problems such as resettlement unit prices or related to the issue of recognizing residential land for people due to the implementation of Directive 299 (people did not have land registration records despite long-term use, leading to disadvantages when subject to clearance), the 2024 Land Law has expanded in the direction of increasing benefits for people such as arranging resettlement before land recovery.
At the same time, the province is also drafting regulations in the direction that in cases where a lot of land is recovered, resettlement will be arranged at the corresponding level instead of just being arranged according to the level, which is also an advantage when clearing land.
In a recent document sent to the Department of Natural Resources and Environment, Hoi An proposed additional information on resettlement policies, including distinguishing cases of large areas of recovered land in a more equitable manner. Specifically, cases with large populations should not be grouped together with cases with large areas of land but few families in resettlement arrangements because it would be inconsistent in terms of policy.
In addition, the calculation by couples also needs to be considered because there is no policy in the provincial draft. The 2024 Land Law stipulates that in cases where couples actually live together, they will be allocated a plot of land depending on the local land fund conditions, so it also needs to be institutionalized in the provincial regulations (currently, the province only regulates in terms of population density, not in terms of couples eligible for household separation).
Regarding the issue of clearance, compensation, and resettlement of urban area projects, we propose that instead of supporting temporary housing for 12 months, we request that the site be handed over within 36 months.
In fact, some guiding regulations after the 2024 Land Law comes into effect are still incomplete, leading to many difficulties in implementing the work of site clearance and resettlement. Therefore, in order to avoid interruptions in the work of site clearance and resettlement, the City People's Committee requests the Department of Natural Resources and Environment to soon issue a document guiding the implementation while waiting for the issuance of related documents (on the application of compensation regimes and policies, site clearance and resettlement; methods for determining specific land prices, resettlement land prices, consulting costs for determining specific land prices, etc.).
KHANH LINH (written)
Mr. Tran Uc - Chairman of Dien Ban Town People's Committee: Quickly issue new policies
The new Land Law with policies and mechanisms is biased towards the people. However, the procedures are currently not complete. Firstly, the provincial land level has not yet been determined when reclaiming old residential land. Even the mechanism to replace Decision 23 of the province on resettlement land prices is not yet available. Even the determination of residential land level according to the new Land Law of the Provincial People's Committee has not yet been determined...
Regarding specific policy mechanisms such as Circular 61 of the Ministry of Finance on determining costs for consulting units established for compensation (land fund development centers), although it has been replaced by new regulations, there is still no agency providing guidance on the basis for determining costs.
According to the old regulations, when it is necessary to make a compensation plan, multiply it by 2% to pay the units that make the plan, but the new regulations (Circular 61) do not allow this.
In addition to all the plans that have been made, a budget must be made to serve that content and submitted to the competent authority for approval of payment, so for more than a year now, Dien Ban Land Fund Development Center has almost made an advance payment without any payment procedures.
In short, the biggest problem now is that the policy mechanism has not been issued in a timely manner; the old one has expired but the new one has not been born, so from August 1st until now, all compensation and clearance activities have had to stop and wait, mainly to resolve some transitions from the old one.
The Government has also issued a decree, so the first issue is that the province must complete the institution, issue new regulations on land acquisition and resettlement to replace the old ones. When this regulation comes into effect, everything will follow, but as of now, there is no legal framework. Of course, if there are any problems during the implementation process, we will continue to give comments.
VINH LOC (recorded)
Mr. Nguyen Ngoc Trai - Director of Tam Ky City Land Fund Development Center: Support for resettlement differences and need to adjust fluctuations
Previously, when implementing the 2013 Land Law, the province issued Decision 43 in 2014. In 2016, Decision 02 was issued and in 2017, Decision 19 continued to amend and supplement previous decisions.
It can be said that from 2017 to the end of 2020, the compensation policy in the province was stable and operated very well. However, in December 2021, the Provincial People's Committee issued Decision 42, which had many shortcomings and difficulties for compensation and site clearance work.
For example, cases of land use before July 1, 2004, if building a house on agricultural land, garden land, land given by parents, were previously recognized if not subject to planning, were compensated for residential land, and received resettlement difference support, but under Decision 42, it was not, considered a violation of the law. This is the biggest problem of Decree 91 dated November 19, 2019 of the Government on administrative sanctions for land violations.
In the case of having residential land but not having a permanent household registration before, they will also be supported with the difference in resettlement when the land is recovered, but according to Decision 42, they are not allowed to do so, they are required to have a permanent household registration at the commune or ward where the land was recovered.
This is also completely unreasonable. In addition, the previous compensation mechanism under Decision 43, for garden land, compensation was 50% of the value of residential land, but Decision 42 reduced it and no longer allocated residential land...
After Decree 88 dated July 15, 2024 of the Government regulating compensation, support and resettlement when the State acquires land, the Provincial People's Committee will issue new regulations.
The new regulation has some outstanding advantages such as reclaiming over 750m2 of agricultural land can be reassigned to another land use purpose, such as 1 resettlement plot. Or reclaiming 400m2 of garden land can be reassigned to 1 resettlement plot.
In my opinion, we should consider supporting the difference in resettlement, because in reality there is a large gap between compensation price and resettlement price (currently the gap is 70% and 90% compared to market price). If we do not consider supporting the difference in resettlement, when people reclaim their residential land, they must return the residential land.
Second, compensation for garden land should not be limited because garden land in urban areas is different from other districts. Many households in districts have 5-7 thousand square meters of garden land but it is not of high value, while urban garden land is very valuable. If there is no planning or change of purpose of use, 100 square meters can be worth billions.
Regarding land management records, we have records 299 of 1985, records according to Decree 64 of 1992, records 60 of 2024, and databases of 2010. If the land change adjustment is done well, the current land acquisition and clearance work will no longer require measurement and adjustment, and this is currently a very complicated task, causing great difficulties for compensation work, leading to complaints and lawsuits. Therefore, in the coming time, it is necessary to adjust the changes to issue a record of the land area recovered from the people, confirming the origin of land use.
XUAN PHU (written)
Source: https://baoquangnam.vn/quang-nam-xay-dung-hanh-lang-quan-ly-dat-dai-3141704.html
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