(PLO)- According to the Ho Chi Minh City Bar Association, to ensure the interests of land users located in the planning area, it is necessary to handle sanctions when there is a “suspended” project.
On the morning of February 17, the Vietnam Fatherland Front Committee of Ho Chi Minh City held a conference to collect comments on the draft Land Law (amended).
Need to deal with the problem of “hanging” projects
At the conference, Ms. Hoang Thi Loi (Deputy Legal and Democratic Advisory Committee of Vietnam Fatherland Front Committee in District 1, Ho Chi Minh City) said that regarding land acquisition, compensation, resettlement, the provisions of the project The draft law has been amended relatively satisfactorily, especially regulations on resettlement. However, the draft Article 85 (stipulating the order and procedures for compensation, support, resettlement and land recovery for the purposes of national defense and security, socio-economic development for the national interest, public) has assigned the commune to hold a meeting of the people to disseminate and collect opinions and then coordinate in counting to withdraw. If the revoked person does not agree, they will lobby, persuade and then coerce without regulations on complaints and settlement of complaints from people.
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Ms. Phan Kieu Thanh Huong (Vice-Chairman of Vietnam Fatherland Front Committee, standing) and Ms. Ung Thi Xuan Huong (Vice-Chairman of Ho Chi Minh City Bar Association) chaired the conference. Photo: YEN CHAU |
In fact, working in campaigning for relocation of projects in the central area for many years, Ms. Loi found that not all projects might fulfill the right purpose of using the recovered land, so the mobilization of people was ineffective. Therefore, it is advisable to regulate the right to complain and settle complaints of people when their land is recovered in accordance with the law.
Commenting on the draft Land Law (amended), the Ho Chi Minh City Bar Association also sent a document to the conference, which stated a number of proposals on the basis, authority, order and procedures for making, adjustment of master plans and plans on land use. According to the City Bar Association, in fact, in recent years, many projects have been planned, but implementation has been slow, sometimes up to decades (hanging plan – PV). This greatly affects the rights of land users. Real estate and land that are entangled in planning, in case they are allowed to be transferred, are also limited in price, not allowed to build or repair, causing damage to people, thereby causing waste of land resources, while people do not. have land for production and livelihood… This problem is very pressing for people but has not been satisfactorily resolved by the State.
Therefore, the Ho Chi Minh City Bar Association believes that the draft should have regulations to remove these shortcomings. For example, there should be a mechanism for the case where there is a master plan, a plan on land use and planned acquisition but not yet implemented, people can still exercise the rights of land users. At the same time, the proposal to clarify the rights of land users in the planning area has been approved by the competent state management agency.
In particular, the law should stipulate a sanction to handle and strictly implement this sanction when there are “suspended” projects to ensure the rights of land users and the effective use of land, avoiding waste.
The project keeps “hanging” making people angry but has not been satisfactorily resolved by the State.
Land valuation is the crux of the matter
Commenting on the issue of land finance, the Ho Chi Minh City Bar Association said that the draft abolition of the “land price bracket” is completely reasonable. The removal of the land price bracket and the establishment of a land price list close to the market price will benefit both the State and the people. This is a revolution, a change in management thinking from administrative measures to market mechanisms.
However, according to the draft Article 154, the land price list is only applicable for a number of purposes, and for other purposes such as compensation when the State recovers land; Collecting money when allocating land to organizations must set prices for each project, which will generate many land prices.
If the land price is determined according to the market price, it is completely possible to allocate land directly without the need for auction or bidding. If the land valuation stage is done well, all regulations will follow, from land acquisition, land allocation, auction, bidding… On the contrary, if land valuation is not good, inadequacies, disputes will arise. social equality at any stage, land acquisition is unjust; Auction, bidding, group benefits…
Therefore, the problem of building land prices close to market prices is the crux of the problem in the state management of land. The role of the state agency in this case is to focus on human resources, build a land information system, enhance the quality of valuation work so that the land price is close to the market price, contributing to the construction of the land. building a fair, transparent, healthy real estate market, harmonizing the interests of the parties.
At the conference, Ms. Nguyen Thi Bich Thuy (Chairman of the Bar Association of Binh Thanh District) said that the draft law stipulates cases of land expropriation with cases of expropriation to serve the interests of social development; for the national interest and the public interest. According to her, it is necessary to explain and clarify the beneficiaries in this case because it is only regulated for the national interest, because social benefits are easy to be taken advantage of.
Besides, the issue of land acquisition for religious organizations or religious establishments also needs to be more clearly defined. There are many cases of “hiding” religion to do business. Therefore, it is advisable to specify clearly how much religious land is used for worship, and the rest can be collected with land use fees.
Mr. Nguyen Van Dung (Hoc Mon District Lawyers Association) said that there is a loophole when granting certificates or transferring land use rights, which is that when people submit complaints, the commune committee determines that the land is in dispute and the land use rights are disputed. This will be stopped. Mr. Dung said that it is necessary to have a certificate from a state agency or a court, but it is not possible to “imprison” year following year because of a single application.
YEN CHAU
