Create transparency in land management and use

(Baonghean) -Currently, the Government is implementing the comments on the Draft Law on Land (amended) nationwide. Nghe An Newspaper reporter had an interview with lawyer Nguyen Trong Hai - Head of Trong Hai Law Office and Associates about this issue.

PV: Could you please tell us the basic features of the Draft Law on Land amended in 2013?

Lawyer Nguyen Trong Hai:The draft Land Law (amended) consists of 14 chapters and 206 articles. Compared to the current Land Law, the draft has many new points: clearer and more specific regulations on the rights and responsibilities of the State as the representative of the entire people's ownership of land, unified state management of land and the rights and obligations of land users; continuing to improve land policies and laws for the agricultural sector in the direction of expanding the term of agricultural land allocation within the limit for households and individuals; expanding the limit for receiving the transfer of agricultural land use rights; separate regulations on the regime of rice land use; strengthening the operation of land relations according to the market mechanism, limiting the cases where the State allocates land, basically switching to the form of land lease; implementing the mechanism of auctioning land use rights when allocating land with land use fees and land lease; implementing land valuation according to the market mechanism under the management of the State;

The State proactively reclaims land according to the land use plan; stipulates that when constructing and expanding infrastructure works and urban embellishment, it is necessary to plan and organize the reclaim of the land area next to the infrastructure works and surrounding areas; expand the subjects of land lease with one-time payment for the entire lease term; stipulates the legal framework on land information, land database, and the right to access land information; enhances people's participation in the process of establishing and organizing the implementation of planning, land use plans, compensation, support and resettlement plans, etc. to create transparency in land management and use, prevent negativity, corruption, waste and contribute to reducing complaints in the land sector. Establish equality in the implementation of rights and obligations of land users between domestic investors and foreign investors.

People in Nghi Phu commune (Vinh city) complained about land compensation.

PV: Regarding the content of the amendment to the Constitution on Land Ownership Regime, many opinions suggest that land should be regulated as privately owned or multi-owned. What is your opinion on this issue?

Lawyer Nguyen Trong Hai:The choice of land ownership regime must be based on the specific historical circumstances of the country. Public ownership or multiple ownership are both relative. No form of ownership is absolutely superior. Even in countries that choose multiple ownership, including private ownership, the State still plays a role in management and regulation. The current shortcomings in land management and use should not be attributed to the form of ownership. However, the concept of "public ownership" needs to be clarified. The current regulations are still heavily political. In legal science, it is necessary to clarify, specifically, how the ownership rights between the State and the people are distinguished.

PV: As a lawyer, how do you evaluate the current shortcomings in land management and use?

Lawyer Nguyen Trong Hai:As I mentioned above, the root of the current shortcomings in land management and use is not due to the form of ownership. The people's concerns are land clearance, low-cost compensation, and corruption in land management. The main issue here is not ownership but the regulations on the rights of land owners to be assigned land ownership as a property right. The law must address the shortcomings and limitations of current law in a series of hot issues such as land recovery, compensation, site clearance, land prices, financial policies on land... as well as clarify the management mechanism for planning and land use plans. If done well, all of these adjustments will resolve the current shortcomings and shortcomings.

PV: What are your recommendations on the Draft Amended Land Law?

Lawyer Nguyen Trong Hai:Regarding land acquisition, compensation, support and resettlement when the State acquires land, the 2003 Land Law stipulates that site clearance is carried out through land acquisition or land use rights transfer, which has led to many shortcomings and potential risks of instability. Therefore, implementing the same policy can ensure stability of the situation and ensure the principle of land valuation to limit negative and unfair issues due to agreements.

Land recovery due to law violations, the new Draft Law stipulates land recovery due to land law violations, it is necessary to add cases of land recovery due to other law violations (Investment Law, Environmental Protection Law...).

Regarding the authority to reclaim land, the authority to reclaim land should be regulated simply like the 1993 Land Law, which was amended in 1998 and 2001: The competent authority that allocates land has the authority to reclaim that land, which is both convenient and simplifies administrative procedures.

Regarding compensation land prices, it is necessary to clearly stipulate that the land price for compensation calculation is the land price determined according to the land use purpose as prescribed by the Provincial People's Committee (in the land price table) or the land price decided by the Provincial People's Committee (re-determined according to market price) at the time of recovery. If the land price is prescribed by the Provincial People's Committee, it corresponds to the construction of the Land Price Table according to option 1. If the land price is decided by the Provincial People's Committee, it corresponds to the construction of the Land Price Table according to option 2 as in Article 109.

Duc Chuyen (Implementation)