Amending and supplementing regulations on compensation, support and resettlement when the State acquires land

Overview of the regular meeting of the Provincial People's Committee in August 2018 on the morning of August 24. Comrade Nguyen Xuan Duong - Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee chaired the meeting. Photo: Nhat Lan

Pursuant to the provisions of the 2013 Land Law and related legal documents, on October 13, 2015, the Provincial People's Committee issued Decision No. 58/2015/QD-UBND on compensation, support and resettlement when the State acquires land in the province.

Decision 58 has basically put the work of compensation, support and resettlement when the state acquires land in accordance with the provisions of law, solving the work of site clearance serving investment projects in the province.

Deputy Director of the Department of Natural Resources and Environment Thai Van Nong reported to the Provincial People's Committee on the draft amendment and supplement of some contents of Decision No. 58. Photo: Nhat Lan.

However, due to some regulations not being suitable with the reality, the implementation of the issued regulations still has some problems that need to be resolved to meet the compensation work for land acquisition and clearance and attract investment in the area. Therefore, it is necessary toamending and supplementing a number of articles of the provisions in Decision No. 58to comply with newly issued legal documents and to effectively implement compensation, support and resettlement when the State acquires land.

Director of the Department of Science and Technology Tran Quoc Thanh commented on some contents of amendments and supplements to Decision No. 58. Photo: Nhat Lan.

At the meeting, the drafting agency, the Department of Natural Resources and Environment, reported the contents of the Draft "Decision to amend and supplement a number of articles of the Regulations on compensation, support and resettlement when the State acquires land in Nghe An province, issued together with Decision No. 58/2015/QD-UBND dated October 13, 2015 of the Provincial People's Committee.Accordingly, the Provincial People's Committee will amend and supplement a number of contents related to 13 Articles of Decision 58/2015/QD-UBND (including Articles 3, 5, 7, 8, 12, 15, 22, 23, 27, 29, 30, 31 and Article 34).

In which, amend and supplement detailed regulations on the number of households allocated resettlement land, conditions for households to separate into separate families to be allocated resettlement land;thingCompensation for land when the State reclaims land that was allocated without proper authority before January 1/7/2004 but paid money to use the land but have not been granted a land use certificatestasisland use rights recipient;Regulations onHandling cases where all residential land and garden land are recovered, with the recovered residential land area being larger than the resettlement area...

Director of the Department of Natural Resources and Environment Vo Duy Viet acknowledged and discussed with members of the Provincial People's Committee about amending and supplementing regulations on compensation, support, and resettlement when the State reclaims land. Photo: Nhat Lan

Also at the meeting, the Department of Natural Resources and Environment submitted to the Provincial People's Committee a draft amendment and supplement to Decision No. 78/2014/QD-UBND regulating the allocation of residential land without auctioning land use rights; registration and granting of certificates of land use rights, house ownership rights and other assets attached to land for households and individuals in the province and Decision No. 79/2014/QD-UBND regulating the leasing and conversion of land use purposes; registration and granting of certificates of land use rights, house ownership rights and other assets attached to land for households and individuals implementing investment projects in production and business in the province.

Vice Chairman of the Provincial People's Committee Dinh Viet Hong spoke at the meeting. Photo: Nhat Lan.

At the same time, submit to the Provincial People's Committee a draft Decision to replace Decision No. 80/2014/QD-UBND of the Provincial People's Committee on promulgating regulations on land recovery; land allocation, land lease and granting of land use right certificates to domestic agencies and organizations; Vietnamese people residing abroad; foreign organizations and individuals implementing projects in the province.

Because the work of compensation, support and resettlement when the state acquires land often encounters difficulties, the members of the Provincial People's Committee have contributed many opinions. In particular, the members of the Provincial People's Committee focus on amending and supplementing regulations so that the work of compensation, support and resettlement for subjects whose land is acquired is ensured to comply with regulations and is suitable for practice in the process of land acquisition by the state; consider further authorization for the District People's Committee in the work of land acquisition for organizations...

At the meeting, Vice Chairman of the Provincial People's Committee Dinh Viet Hong acknowledged the opinions of the members of the Provincial People's Committee, and affirmed that the submission of amendments and supplements to Decisions No. 58, 78, 79 and the replacement of Decision No. 80 at the present time is necessary; the contents of the draft amendments and supplements are appropriate and close to reality; based on the comments, it is only necessary to consider editing the wording in the draft document to make it more appropriate and strict. Therefore, the draft decisions are basically qualified for approval.

Chairman of the Provincial People's Committee Nguyen Xuan Duong concluded the meeting. Photo: Nhat Lan

Concluding the meeting, Chairman of the Provincial People's Committee Nguyen Xuan Duong agreed to approve the revised and supplemented contents; requested the Department of Natural Resources and Environment, based on the comments of the members of the Provincial People's Committee, to complete the revision of the documents and submit them to the Department of Justice for appraisal and submission to the Provincial People's Committee for issuance of decisions.