Provincial Farmers' Association contributes comments to the Draft Land Law (amended)

Attending the conference were representatives of the Department of Natural Resources and Environment, the Provincial Fatherland Front Committee, Chairmen of Farmers' Associations of districts, cities and towns; representatives of good farmers and business households at all levels. Photo: D.C

Speaking at the conference, comrade Nguyen Quang Tung - Chairman of the Provincial Farmers' Association emphasized: Regarding the structure of the DraftLand Law (amended)including 16 chapters, 236 articles (an increase of 2 chapters, 23 articles compared to the 2013 Land Law). On December 23, 2022, the Standing Committee of the National Assembly issued Resolution No. 671/NQ-UBTVQH15 on organizing the collection of public opinions on the Draft Land Law (amended). Collecting comments on the draft is very necessary, contributing to the development of the Land Law (amended) to ensure the rights and interests of people in general and farmer members in particular.

At the conference, delegates contributed many valid opinions, focusing on 7 key issues, including: Cases of land recovery for socio-economic development for national and public interests; Procedures for land recovery, granting of certificates of land use rights, house ownership rights and other assets attached to land; Regulations on compensation, support and resettlement; Expanding the limit for receiving transfer of agricultural land use rights of households and individuals; Expanding the subjects receiving transfer of rice land use rights; Authority to resolve land disputes; Land policies for ethnic minorities.

Delegates give comments at the conference. Photo: D.C.

Many opinions say that Article 3, Clause 10 stipulates that residential communities have the same customs, practices or lineage. This is an impractical provision because the residential community in the city today consists of families from different hometowns, different customs, practices, and lineages living together. Article 211 stipulates land division and land consolidation. Point b, Clause 1 stipulates that if the land to be divided has an area smaller than the minimum area licensed for division, the land consolidation must be carried out simultaneously with adjacent land with the same land use purpose. It is recommended to review, suppose the land division for children has an area smaller than the minimum area, but the adjacent land belongs to someone else, how can the land consolidation be implemented? In Article 213, putting unused land into use, Clause 1 of this article suggests that it is necessary to clearly stipulate which level of People's Committee to avoid shirking responsibility. Section 1 of Article 225 on land disputes and property attached to land should consider the mediation role of the People's Committee. In cases that cannot be resolved through mediation, the case will be transferred to the court...

In addition, Article 30, Clause 1, Point i stipulates that Vietnamese organizations and individuals residing abroad are allocated land by the State. However, Point k stipulates a number of entities that are leased land by the State, including Vietnamese individuals residing abroad (Vietnamese individuals residing abroad are regulated inconsistently in Point i and Point k). To prevent negativity and corruption in mechanisms and policies, it is necessary to minimize detailed guidance on the provisions of the Law.

It is proposed to add to Article 11 (page 11) of the Draft on the State's responsibility for land for ethnic minorities as follows: There is a policy to support ethnic minorities in carrying out administrative procedures for granting Land Use Right Certificates. With the reason that the State has contracted consultants to measure maps and carry out procedures for granting land, but in reality, up to now, many communes and many households have not yet been granted Land Use Right Certificates. Meanwhile, the procedures for applying for Land Use Right Certificates are very complicated. If individuals and households of ethnic minorities are allowed to apply for Land Use Right Certificates themselves, they will not have the qualifications and capacity to do so...

Comrade Nguyen Quang Tung - Chairman of the Provincial Farmers' Association visited the model of good farmers in production and business in Nghia Dan district. Photo: HND

Concluding the conference, Comrade Nguyen Quang Tung - Chairman of the Provincial Farmers' Association highly appreciated the valid opinions, pointed out the loopholes, shortcomings, and inadequacies of the delegates contributing to the Draft Law on Land (amended). Accordingly, the Association will receive and collect opinions to complete the report to send to all levels and branches.