Vice Head of the Hanoi National Assembly Delegation Nguyen Ngoc Tuan led a group discussion among Hanoi deputies on June 9 to address legal bottlenecks in the land requisition and resettlement under the amended land law project.

Vice Head of the Hanoi National Assembly Delegation and Chairman of the Hanoi People's Council Nguyen Ngoc Tuan during the group discussion. Photos: The Hanoi Times

Tuan, who is also Chairman of the Hanoi People's Council, emphasized the importance of the land law, noting that the authorities have been collecting feedback from the public on the amended version, which has been largely positive and practical.

"The implementation of this law is expected to mark a significant improvement in land management," Tuan said.

Commenting on specific provisions in the draft law, Tuan mentioned Clause 3, Article 66, which relates to the formulation of land use planning at the district level. He pointed out that some districts in Hanoi already have urban planning, so preparing a separate land use plan may not be necessary.

In addition, he mentioned that the land allocation and lease process outlined in Article 126 is a good approach, but prescribing the maximum land size of 5 hectares for urban areas and 10 hectares for rural areas is not reasonable.

He argued that if the land scale regulations remain as they are, only a few projects in Hanoi will qualify for leasing and allocation.

Regarding land expropriation, he expressed concern that the 31 cases mentioned in the amended Land Law may not cover all scenarios in practice.

"Therefore, it is necessary to set criteria and provide clear guidelines on how the land requisition process would help serve national and public interests," Tuan said.

Tuan argues that the provision that land requisition can only occur after resettlement is unreasonable. He suggests that resettlement can be done either by providing houses or monetary compensation.

In some cases, resettlement houses were built, but people changed their minds and opted for monetary compensation. As a result, many completed resettlement houses remain unoccupied for long periods, resulting in waste. To address this, Tuan recommended that affected people be consulted during the project implementation survey to avoid situations where completed resettlement houses are not claimed by those entitled to them.

Overview of the session.

Preventing legal abuse for land speculation

During the panel discussion, Deputy Le Quan referred to the policy regarding using agricultural and forestry land granted to individuals for use after liquidation.

He pointed out that although many localities have regulations and statistics on the current status of land use, the legal framework proposed by the draft law is unclear regarding this specific type of land.

Quan expressed concern about the practice in some areas, where individuals have to lease land for afforestation and pay fees through intermediaries. In addition, if individuals in certain regions want to change the purpose of land use, they must go through costly and cumbersome procedures through the Project Management Committee.

Based on a survey conducted in Ba Vi District, Son Tay City, Quan suggested that authorities carry out further decentralization by giving local authorities responsibility for creating residential and agricultural land zones based on existing planning and land use. The goal is to increase land use efficiency and avoid situations where land becomes stagnant and cannot recover.

Deputy Nguyen Thi Lan specifically asked the drafting agency to tighten the conditions for transferring agricultural land use rights. This should consider the characteristics of different types of land and distinguish between "organizations" and "individuals" as transferees, especially if the transferee is not directly involved in agricultural production.

She also proposed introducing a strict control mechanism to prevent using this provision for land speculation.

Specific regulations needed for public land, historical sites

Regarding land in historical and scenic areas, Deputy Tran Viet Anh said that Article 216 of the Land Amendment Bill addresses the concept of multi-purpose land. The deputy recognized the improvements introduced in the bill to correct the practical deficiencies related to land that can serve multiple purposes.

However, Anh suggested that if the purpose of the land is expanded, the land use tax should be increased accordingly. Conversely, if land use for residents of historic and scenic areas is reduced, the tax should be reduced to ensure equity and protect the rights of those affected.

Deputy Le Quan expressed concern about the land use policy for public non-business units, giving a university as an example. Despite having autonomy, the university faces limitations in opening student services or establishing a school canteen due to land use restrictions. These restrictions prevent the university from effectively utilizing its large campus. If the university wishes to offer commercial services, it must either build them in a separate area away from the main campus or go through complex procedures to change land use.

Quan suggested that the Land Law include specific land-use regulations in non-commercial public units. These regulations should allow these units to increase revenues while maintaining autonomy and respecting existing planning guidelines. The goal is to ensure that land is used for the right purposes and efficiently, he said.

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