Land issues source of hot debate

While concurring with the need to revise the law, many deputies said that over the past 10 years  the 2003 Land Law has produced  positive results but  revealed limitations in land-use planning, compensation, site clearance, land price fixing, resettlement assistance and administrative procedures.

In many localities, land policy has proven wasteful and ineffective in many localities. Complaints, disputes and accusation of corruption have become common.  

According to National Assembly Vice Chairwoman Nguyen Thi Kim Ngan, the new draft land law must address land retrieval policies; how to set up land clearance; providing compensation close to the market prices; plans for land use; the right of the government and land users, and conflict resolution.

Many deputies agreed on a regulation for land use planning at national, provincial and district levels. Accordingly, land use planning of socio-economic zones will be included in the national level plan, while district level plans will be made in detail for each communal level administration unit.

According to deputy Chau Thi Thu Nga from Hanoi, one of the most difficult issues for land management in local authorities was the land retrieval.

“Land retrieving activities now are stuck because the overlapping of current regulations. The draft amended law must solve this issue absolutely,” Nga said.

Deputy Than Duc Nam from central Danang city said that it is necessary to diversify land allocation and revoking forms in order to make them suitable for each land type.
 
Several deputies proposed that in the course of revoking land, the state should compensate land users according to the market price or buying back their land use right according to the market price.

Other issues discussed were revoking land for the construction of  factories, industrial zones, resorts and golf courses.

Compensation and resettlement assistance related to revoked land also concerned the deputies, who said that it is the reason for increasing land complaints.

According to Dang Thuan Phong, deputy from Ben Tre province, the current policy on land revoking created many disputes and accusations.

The amended law, Phong said, must set up a policy for the Government to actively revoke land, to create a ‘cleaned land fund’ to enable investors and organisations to implement projects.

However,  Phong stressed that different purposes will have to apply different policies in order to create fairness among different land users.

Overall, the draft law needs to contain comprehensive amendments to regulations on compensation, assistance and resettlement for revoked land, deputies stressed.

The draft amended Land Law consists of 14 chapters and 192 articles. This is an increase by seven chapters and 46 articles compared with the 2003 Land Law.

The draft amended Land Law was contributed by the National Assembly at the main session on November 11, 2012, with plans for its ratification  in the fifth plenary meeting in May, 2013.