Resolving problems in compensation, support and resettlement

Land acquisition and compensation for site clearance, support and resettlement are important steps in the project implementation process, contributing to the success of the project, creating momentum for socio-economic development. However, in the past, the implementation process of these steps in Hai Duong has encountered many difficulties, significantly affecting the progress of implementation and implementation of many projects.

The main reason is that the current legal system related to compensation, support and resettlement still has many shortcomings. Some regulations are still qualitative, difficult to quantify specifically. Typically, the regulations on determining land prices close to, consistent with actual land prices; resettlement areas equal to or better than the old place of residence... but there are no specific regulations on what is suitable for reality, what is better than the old place of residence. There are many shortcomings in related legal documents.

Some legal documents on state management of land in general, policies and procedures in compensation, support and resettlement in particular, lack stability, are not really complete and are not suitable for people's lives. The order and procedures for land recovery are stipulated in many documents, including laws, decrees, circulars and decisions of the People's Committee. Legal documents are not unified, difficult to implement and easy to cause controversy. Regulations on compensation, support and resettlement councils are not specific, clear and difficult to implement. Article 68 of the 2013 Land Law stipulates that organizations responsible for compensation and site clearance include public service organizations on land and compensation, support and resettlement councils. However, the law and its implementing documents do not specify the members of the compensation, support and resettlement council, the council's duties and powers, and the council's coordination mechanism with other agencies and organizations in the process of site clearance. The land recovery procedures do not specify the method of recording the current status of the recovered land at the time of the land recovery notice. The enforcement of the compulsory inventory decision is not strictly regulated and lacks specificity. The regulations on collecting opinions during the process of preparing compensation, support and resettlement plans are unclear and difficult to implement...

The implementation of many projects in the province shows that compensation, support and resettlement plans have not implemented policies to support, provide vocational training and recruit jobs for affected people. The construction of resettlement areas of the projects is often passive, the progress of construction and infrastructure is not invested synchronously according to regulations. The dissemination of land laws and policies on compensation, support and resettlement for people whose land is recovered has not received due attention.

In reality, the implementation of compensation, support and resettlement for project implementation is directly related to the rights and interests of the people. To speed up the progress and remove the above obstacles, the Land Law has been amended and supplemented several times (in 2003 and 2013). In particular, at the 5th extraordinary session of the 15th National Assembly, the National Assembly reviewed and approved the draft Land Law (amended). With the contents of this adjustment, amendment and supplement, the above shortcomings have been basically overcome, basically perfecting the regulations on land recovery; procedures, policies on compensation, support, resettlement, regulations on land prices, etc.

To quickly put the Land Law (amended) into practice and remove obstacles in land acquisition for projects in Hai Duong, the authorities need to promptly advise the province to amend, supplement and perfect a number of Resolutions of the People's Council and decisions of the Provincial People's Committee related to compensation, site clearance, support and resettlement.