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National Assembly delegates are particularly concerned about the issue of land valuation and recovery.

According to Tin Tuc newspaper November 3, 2023 13:30

On the morning of November 3, the National Assembly discussed in the hall a number of contents with different opinions of the draft Land Law (amended).

Delegates highly appreciated the new points in the draft Law presented at the session, many delegates expressed their interest in the issues of land valuation, land recovery and resettlement...

Chú thích ảnh
National Assembly Delegate of Nam Dinh Province Nguyen Hai Dung speaks

Delegate Nguyen Hai Dung (National Assembly Delegation of Nam Dinh Province) was interested in the regulations on land recovery for socio-economic development for national, public, and public interests... In particular, Clause 32, Article 79 stipulates that in cases of land recovery for projects and works for national and public interests that do not fall under the cases specified from Clauses 1 to 31 of this Article, the National Assembly shall amend and supplement the cases of land recovery of this Law according to the simplified procedures.

Delegate Nguyen Hai Dung said that the provisions in this draft Law have ensured compliance with Article 54 of the Constitution, which is that the State will reclaim land currently used by organizations and individuals in cases of real necessity and as prescribed by law, and report to the National Assembly. According to the delegate, this provision has overcome the general and unclear provisions of the previous draft Law.

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National Assembly Delegate of Hanoi City Nguyen Huu Chinh speaks

Delegate Nguyen Huu Chinh (Hanoi National Assembly Delegation) commented on the conditions for resettlement areas. Delegate Nguyen Huu Chinh said that the draft Law stipulates that resettlement areas must ensure conditions for technical infrastructure, roads ensuring connectivity, social infrastructure ensuring access to health and education services... in accordance with the customs and practices of each region... The delegate said that with the current land funds, it is difficult for any resettlement area to meet the above three conditions. If the law is rigidly regulated, the issue of resettlement compensation becomes difficult to implement, especially in large cities.

In addition, it is difficult to arrange resettlement in accordance with the customs and practices of each region. Because customs and practices are unique and not the same in each locality, some people are resettled in their locality, but others have to resettle elsewhere. Therefore, the draft Law should only stipulate criteria that are basic principles, feasible, and not rigid.

Regarding assets attached to leased land, Clause 2, Article 34, delegate Nguyen Huu Chinh agreed with option 1 and said that regulations in this direction ensure state assets, ensure the performance of civil obligations, and limit the loss of state assets.

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Delegate Le Thanh Van (National Assembly Delegation of Ca Mau province) spoke at the hall

Regarding this content, Delegate Le Thanh Van (National Assembly Delegation of Ca Mau Province) said that it is necessary to determine consistent principles in compensation, resettlement, land acquisition for project implementation and thoroughly implement the principle, especially the principle of land price compensation according to the principle of only compensating for land value according to the purpose stated in the land use right certificate. All members of society benefit from the added value of land invested by the State.

Delegate Le Thanh Van proposed to determine the compensation method, the issue of choosing the appropriate plan for each type of land and having principles in the Law. Accordingly, residential land is associated with property rights, assets on land need to apply the market comparison method, even the surplus method. For production land, the income method combined with the deduction method should be used... If those principles are determined in the Law, the Government will have a basis to guide implementation.

In addition, the State needs to encourage financial support, interest rates, tax exemptions for a limited period of time, and grant special use rights if the land can be used for purposes consistent with the country's socio-economic development goals, which are beneficial to the State, businesses, and people. Emphasizing that this is an extremely important draft law, it is necessary to be extremely careful when considering its passage.

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Da Nang City National Assembly Delegate Nguyen Duy Minh speaks

Meanwhile, according to Delegate Nguyen Duy Minh (National Assembly Delegation of Da Nang City), it is necessary to carefully consider and study the draft law before passing it. Through studying the draft law submitted at this session, there are still many contents with different options, not unified as in the report of the National Assembly Standing Committee. Therefore, it is necessary to carefully consider and study the draft law before passing it.

The Land Law is an important and complex law that affects all aspects of the country's socio-economic life, national defense, security, and environmental protection. Delegates suggested that it is necessary to affirm the higher legal effect of the Land Law, and consider adding an article on the application of the law as in the draft for public opinion. Adding this article is the solution to resolve legal conflicts and difficulties in land use management left over from history, from new requirements of practice.

The delegate pointed out that Clauses 2 and 3, Article 156 of the Law on Promulgation of Legal Documents have specific provisions, but in reality, there are still different interpretations and different applications. This session is expected to pass the Land Law (amended), the Housing Law (amended), and the Real Estate Business Law (amended), so it is necessary to review to ensure there are no contradictions or conflicts.

Delegate Nguyen Duy Minh also proposed amending Article 18 of the Law on Urban Planning to ensure consistency with the Land Law (amended), and supplementing regulations on land use planning at district and commune levels in urban planning in centrally-run cities.

According to Tin Tuc newspaper
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National Assembly delegates are particularly concerned about the issue of land valuation and recovery.