Amendment to the 1992 Constitution: Land recovery must be public and with compensation

Land recovery must be compensated, public, transparent, and fair in accordance with the provisions of law. Specific contents on conditions and procedures for recovery and compensation will be determined by law.

On the afternoon of the first working day of the 5th session of the 13th National Assembly, the National Assembly listened to Chairman of the National Assembly's Law Committee Phan Trung Ly present a report explaining, accepting people's opinions and revising the draft amendments to the 1992 Constitution.

The report on explanation and reception of public opinions said: There were more than 26,091,000 comments from the people on the Draft Constitution Amendment, with more than 28,000 conferences, seminars and discussions organized.

Receiving and revising the people's opinions, surrounding the two options for changing the country's name, the Committee's acceptance is that: the country's name is the Socialist Republic of Vietnam or the Democratic Republic of Vietnam, both clearly show that our country's political regime is a republic, and the nature of our State is a democratic State.

However, keeping the name of the Socialist Republic of Vietnam is to continue to affirm the goal and path of building and developing the country towards socialism, ensuring stability, avoiding having to change the national emblem, seal, and national name on documents and papers. Moreover, after 37 years, this name has become familiar to the Vietnamese people and international friends.

Also on the afternoon of May 20, the National Assembly heard reports on the 2011 budget settlement, on the draft amendments to the Law on Value Added Tax and Corporate Income Tax. Regarding the amendment to Article 4, the majority of the people agreed to affirm the Party's leadership role over the State and society, although there were still two different opinions.

Regarding this issue, the content of the Drafting Committee's acceptance is that: First of all, it is necessary to affirm that keeping Article 4 regulating the Party's leadership role is necessary, affirming the historical nature and objective necessity of the Party's leadership in the revolutionary process, building and defending the Fatherland of our country. The draft has added regulations on the nature of the Party according to the new spirit of the Platform.

Although there are opinions suggesting to clarify the Party's leadership mechanism towards the State and society, the Party's responsibility mechanism and the mechanism for people to supervise the Party. On this issue, the Drafting Committee's acceptance stated the viewpoint: Our Party is the ruling Party, leading the State and society. The Party leads through its Platform, strategies, orientations and major policies and guidelines...

The leadership methods and content are flexibly expressed, meeting the requirements of each stage and period. Furthermore, the innovation of the Party's leadership methods is also an issue being summarized and researched.

Regarding comments on the content of land ownership in the amended Constitution, after receiving comments, the report said that there were opinions that the regulation on land owned by the entire people was unclear about the ownership subject. Regarding this issue, the Drafting Committee said: The issue of land ownership is not only an economic issue but also a political and social issue.

To clarify this content, the Draft has determined that land, water resources, mineral resources, resources in the sea, continental shelf, airspace, other natural resources and assets invested and managed by the State are public assets owned by the entire people, represented by the State as the owner and uniformly managed. Therefore, it is proposed to maintain the use of the concept of "ownership of the entire people" and not stipulate multiple ownership of land.

Land recovery is an important issue, related to both the people's ownership of land and the rights of land users. "Land recovery must be compensated, public, transparent, and fair according to the provisions of law"; specific content on conditions and procedures for recovery and compensation will be determined in the law.

Regarding land recovery for socio-economic development projects, the Committee recognizes that land is an important resource that needs to be exploited and used effectively for the purpose of building, protecting and developing the country.

Therefore, land recovery for socio-economic development projects is necessary. However, to avoid widespread land recovery, it will be stipulated that “The State recovers land currently used by organizations and individuals in cases of real necessity for reasons of national defense, security, national interests, public interests and socio-economic development projects. Cases of land recovery prescribed by law must have compensation, be public, transparent, and fair according to the provisions of law”.

According to Dan Viet - TH