Land recovery, compensation, support, resettlement: important new points in the draft resolution

The Draft Resolution has expanded the cases in which the State is entitled to reclaim land. In addition to the reasons stipulated in the Land Law, specific situations have been added, such as: building drug rehabilitation facilities for the People’s Armed Forces, developing free trade zones, international financial centers, or implementing urgent public investment projects. These additions reflect the practical needs of the socio-economic development process and ensuring security and national defense.

Another important new point is the “75% or 85% consensus” mechanism. If the investor has reached an agreement with the majority of households in the project area (at the rate of 75% of households or 85% of the area), the Provincial People’s Council can decide to reclaim the remaining area to hand over to the investor. This mechanism helps resolve the situation where only a few households disagree but the entire project is stalled, which has been a reality for many years.

The new regulation will facilitate the State, businesses and people. The State can speed up the progress of infrastructure projects, urban areas, and industrial parks; businesses reduce the risk of congestion in the site clearance stage; and people’s rights are still guaranteed through compensation, support and resettlement mechanisms in accordance with the law. However, to implement effectively, the application process needs to be public, transparent and have a close monitoring mechanism to avoid abuse or infringement of the legitimate rights of a part of the people.

In addition, the draft also adds many regulations to enhance transparency and fairness in compensation, support and resettlement. Land prices for compensation will be based on the land price list and land price adjustment coefficient, instead of just based on the price list as before. Demolished houses and structures will be compensated according to the value of new construction, ensuring equivalent quality. Provincial People’s Committees are responsible for issuing appropriate compensation prices for crops and livestock, and regularly adjusting them when there are changes. In addition, the new regulations also require the public announcement of compensation plans to last at least 10 days, and organize dialogue within 30 days if there are still disagreements.

These changes have great significance in practice. For the State and investors, the new regulations help speed up the progress of site clearance, minimizing projects that have been suspended for many years. For people, compensation at new prices, transparency and dialogue mechanisms will help better protect legitimate rights.

We recommend that people proactively participate in consultation and dialogue sessions to present their views and protect their rights. When implementing a project, enterprises should prepare advance capital for compensation work, and at the same time cooperate closely with the authorities so that the site clearance process takes place smoothly.

Conclusion: The new points in the draft Resolution have demonstrated the great efforts of the State in balancing the interests of three parties: the State – the people – the investors. If approved, this will be an important basis for land recovery, compensation, support, and resettlement to be more transparent and effective.

The above are the basic contents on land recovery, compensation, support, and resettlement: important new points in the draft resolution based on the provisions of the law at the time of writing the article. If you need advice on the above issue or are interested in other legal services, please contact LS Law Firm immediately via Email: lslawfirm2014@gmail.com for timely support.