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The National Assembly heatedly discussed land recovery, compensation and resettlement

Vice Chairman of the National Assembly Nguyen Duc Hai moderated the discussion session and said that the Land Law (amended) project was discussed by the National Assembly in groups and at the Hall at the 4th and 5th Sessions. Draft The law was also widely consulted by voters and people across the country. The National Assembly Standing Committee also gave comments on the bill many times and organized a conference of specialized National Assembly deputies to discuss the bill. this law.

The draft law has also been sent for comments to the Government and National Assembly delegations. It is expected that if it meets the conditions and ensures quality, the law will be passed at this Session. Despite determination and efforts, documents sent to the National Assembly were not timely as prescribed. The National Assembly Standing Committee will direct relevant agencies to seriously learn from experience.

The Vice Chairman of the National Assembly clearly stated that the Land Law (amended) project is a massive, difficult, complex law project, and is an important legislative task of the entire term. Amending the law mobilizes the participation of the entire political system and all classes of people. The provisions of the law deeply affect all aspects of socio-economic life, rights and interests of the people. The quality of the law project must be given top priority, requiring careful and careful research on a scientific and practical basis.

Through two Sessions, the Government and agencies of the National Assembly have made great efforts, the draft law has gradually been completed, many important contents have been institutionalized, however, there are still many important policies. The optimal solution has not yet been designed, many contents still have different opinions, there is no opportunity to carefully review the contents that require transition conditions, review and completion requires time and caution. and thoroughly. The Vice Chairman of the National Assembly requested National Assembly delegates to frankly and responsibly express their opinions to complete the draft law, evaluate the quality of the law project and express their opinions.

Land recovery

One of the issues that many delegates are interested in is regulations on land acquisition. Delegate Tran Van Lam (Bac Giang) said: Resolution 18-NQ/TW raises the requirement to ensure the principle of agreement in land recovery. Therefore, it is necessary to clarify when and what the agreement is. Delegates noted that it is necessary to distinguish between land recovered for commercial housing projects. If it is residential land, the two parties must agree. But if it is agricultural land, the State will recover and change the land use purpose and transfer it to the enterprise through auction. For agricultural land to be transferred to agricultural production projects, the agreement must be implemented.

Delegate Trinh Xuan An (Dong Nai) raised the opinion that Resolution No. 18 stated that the agreement mechanism should continue in land acquisition, but did not require all projects to reach agreement. Delegates said that one of the most important goals is to promote land resources and improve land use efficiency, infrastructure and socio-economic development. The provisions in Article 79 are all public benefits, but the most important thing is to promote the land's resources. For land to become the strength of the economy, recovery must be allowed for projects. There must be specific regulations on the scale and nature of the project.

Regarding the recovery of commercial housing land, delegate Nguyen Quang Huan (Binh Duong) agreed with the view that it is necessary to control land differences, but it is necessary to clarify that the content that needs to be controlled is the super surplus value - created out after the investor's investment. If control is too tight, it will not encourage and attract investors, and will not develop socio-economic development. But if relaxed, some super benefits will serve minority interests.

Delegates said that the best control is to conduct bidding. To bid, the State must reclaim land. At the same time, compensation is made by the State. Then the market price will be reached. When compensated, land users will be able to approach the market price before investing. This is fair for both investors, people whose land is recovered, and the State without any loss.

Land valuation

Delegate Nguyen Thi Yen (Ba Ria-Vung Tau) said that regarding the land valuation method in Article 159, the delegate proposed that the drafting committee consider not using the surplus method in determining specific land prices. and remove point b in Clause 5, Article 159 and point c, Clause 6, Article 159 on the surplus method. The delegate stated that in reality, when applying revenue and cost estimates, the calculation of the above assumed factors is very complicated, the valuation results are uncertain, inaccurate, with large errors, for the same land plot. Just changing one criterion in the assumed factors will change the valuation results. This is the main cause of problems and delays in determining, appraising and deciding on specific land prices in recent times; Not to mention people's understandings are different in different situations at different times.

Regarding the specific land price in Article 161, according to the provisions of Clause 3, Article 161 and Clause 4, Article 162, regulations on hiring consulting organizations to determine land prices, delegates requested the drafting committee to consider clarifying when participating in the work. members of the Council for specific land price appraisal, consulting organizations to determine land prices in cases where they are also hired by environmental resources agencies, and the Council for specific land price appraisal at provincial and district levels. , Invited Council; Are there any differences in these three roles? In practice, the method of determining land prices has occurred in the same land area, each method of determining land prices and each different consulting unit will produce different results. Therefore, to avoid legal risks for land valuation and valuation agencies, delegates requested the drafting agency to consider adding this regulation...

Resettlement compensation

Delegate Nguyen Thi Yen requested the drafting agency to review regulations on compensation and resettlement support to be consistent with the provisions of the draft law. The delegate also proposed that the drafting agency remove the regulation on determining the surplus method in land valuation.

Delegate Le Thanh Van (Ca Mau) said that it is necessary to thoroughly grasp the principle of consistent land price compensation according to the principle of only compensating land value according to the purpose stated in the land use rights certificate. All members of society benefit from the added value of land invested by the State.

The State, in addition to implementing planning for residential land projects, commercial land, urban land, and the State, must also clear the land. The state defines space as a planning product to conduct land auctions and project auctions. Proceeds are used to recover state investment costs for detailed planning, infrastructure connection (in fact, this is public investment leading private investment), compensation and resettlement costs, and development investment. Infrastructure serves the common good. At the same time, regardless of public and private projects, avoid the situation of two prices and inequality that can easily give rise to conflicts.

The delegate proposed "determining compensation methods, choosing appropriate options for each type of land and having principles in the Law. Accordingly, residential land is associated with property rights and assets on land need to apply the market comparison method, even the surplus method. For production land, the income method is combined with the deduction method... If those principles can be determined in the law, the Government will have a basis to guide their implementation."

Delegate Ha Duc Minh (Lao Cai) raised the issue, Article 105 stipulates 4 cases in which the State recovers land without compensation for assets attached to the land, in which Clause 4 states: infrastructure works. Social floors have other construction works that are no longer in use before the decision to withdraw by the competent authority. According to delegates, the regulation of no longer being used is unclear, especially when considering compensation for technical works serving investment projects of enterprises, possibly due to economic difficulties, which investors Investors must stop or temporarily suspend investment projects according to the provisions of the Investment Law.

Commenting on the conditions for resettlement areas, delegate Nguyen Huu Chinh (Hanoi) said that the draft Law stipulates that resettlement areas must ensure conditions on technical infrastructure and roads to ensure connection. , social infrastructure ensures access to medical and educational services..., in accordance with the customs and conditions of each region... The delegate said that with current land funds, it is difficult to find any resettlement area that meets the above three conditions. If there are hard regulations in the law, the issue of compensation and resettlement becomes difficult to implement, especially in large cities.

It is also very difficult to arrange resettlement in accordance with the customs and conditions of each region. Because customs and traditions are unique, no two localities are the same. Some people are resettled right in the locality, but others have to resettle elsewhere. Therefore, according to delegate Nguyen Huu Chinh, the draft Law should only stipulate criteria that are basic principles, feasible and not hard regulations.

In addition, delegates also proposed to review the definition of "resettlement" in the draft law, the concept of "people with no other place to live".

Land for Hire

Delegate Ha Duc Minh discussed Clause 3, Article 125, which regulates cases where the state leases land without auction, including cases of leasing land as production and business premises to people to whom the state leases land. lease land, collect annual land tax, but have to relocate from the location due to environmental pollution according to the provisions of law; Support for land lease to continue production and business in cases of land recovery for non-agricultural production establishments from current users specified in point d. Accordingly, Point d, Clause 2, Article 9 stipulates that non-agricultural production and business land includes: land for industrial parks, industrial clusters, commercial and service land, and land for non-agricultural production establishments.

The delegate said that for socio-economic development, the state must recover commercial and service land, not non-agricultural production land such as agency headquarters land, restaurant land, supermarket land, and hotel land. , gas stations, rest stops, electric car charging stations... then the land reclaimer will no longer be able to rent the land to continue doing business. If you want to do business, you have to find land to auction, but if the auction fails, of course the person whose land is recovered will have to stop operations and lay off workers. This does not ensure the right of land users to access land, nor does it ensure fairness in land access. Delegates suggested studying and expanding the subjects of land leasing without auction. In this case, in order to continue to maintain production and business according to the principle of recovery, it must be redeployed for re-production.

Fraud in real estate transactions

Clause 3 regulates notarization and authentication of contracts and documents exercising the rights of land users. The National Assembly Standing Committee explains the content of notarization and authentication regulations for transactions involving one party. Trading is an organization with real estate business functions in accordance with the provisions of the Law on Real Estate Business.

Delegate Nguyen Thi Hong Hanh (HCMC) realized that this is a regulation inherited from the 2013 Land Law and has been implemented stably up to now. However, in practice there have been many cases of fraud by real estate businesses causing great losses to individual buyers, but prevention has not been effective so far, many people continue to victims of this situation.

The delegate said that when individuals transact with real estate businesses, they are always the weak party. Their ability to access and grasp information about transacted assets is limited, so it is necessary to have an independent third party. It is up to the interests of the parties to guide and explain the law to the vulnerable party, and check and closely monitor the legal status of the transaction assets to ensure legal safety. Therefore, the delegate proposed to revise points a and b, Clause 3, Article 27 towards "if the transaction involves at least one party being an individual, it must be notarized and authenticated."

Regarding the organization and implementation of planning and land use plans, delegate Le Xuan Than (Khanh Hoa) agreed with the opinion that regulations within 2 years from the date of annual land use plans at district level has not been adjusted or canceled, the land user can use the land normally, without any restrictions. This is a progressive regulation. However, in the new draft Law, the 3-year period is reduced to 3 years, but the content of the regulations remains the same. This does not overcome the problem of project prolongation and prolonged planning and planning.

Delegate Le Xuan Than emphasized the need to innovate more strongly and be more resolute in not implementing annual land use plans. If you don't do it in the second year, it will be canceled. Land use plans do not have a deadline for implementation, leading to land recovery decisions without a deadline, affecting people's lives, causing instability and many consequences. Therefore, there should be regulations on the time limit for implementing annual land use plans, land recovery notices and land use plan cancellations.

Source: tapchitoaan.vn