Supplementing the land recovery procedure when the land user is absent from the locality

The issue of land recovery according to current regulations still has shortcomings. At point a, clause 2, article 85 of the draft Land Law (amended) stipulates: "Notice of land recovery shall be sent to each person whose land is recovered, the owner of the property attached to the land, held a meeting to disseminate to people in the area where the land is recovered and announced on mass media, posted at the headquarters of the People's Committee at the commune level, and at the common living place of the residential area where the land is recovered". In fact, during the implementation process, there have been cases where people whose land is recovered are absent from the locality (cannot be contacted for notification), causing difficulties in carrying out the site clearance process. It is recommended that the agency drafting the Draft Land Law (amended) supplement regulations on the procedures for recovery in cases where land users are absent from the locality. It is recommended that the organization in charge of site clearance coordinate with the People's Committee at the commune level to make a record of absence and conduct an absentee count.

Clause 6, Article 85 of the draft law stipulates: “Land recovery shall only be carried out after the completion of resettlement arrangements, except in cases of on-site resettlement or people whose land is recovered agree to receive compensation to arrange their own accommodation or people whose land is recovered agree”. The content of this provision does not specify that land recovery shall only be carried out when there is a decision to allocate resettlement land to people or when there is a resettlement arrangement plan that is made public. In addition, the draft law does not stipulate how many days must the resettlement area be completed before land recovery is carried out. It is recommended that there should be more specific provisions to avoid complaints.

In addition, in Clause 2, Article 89, the draft law stipulates: "Compensation when the State recovers land must ensure that people whose land is recovered have a place to live, ensure income and living conditions equal to or better than the old place of residence". It is recommended to institutionalize regulations more clearly to ensure the rights of the people, specify the criteria for what is guaranteed income and better than the old place of residence...

TRUONG DUC SAN
Chairman of Kinh Mon Town People's Committee