Deputy Mai Thị Phương Hoa from Nam Định speaking at the discussion. VNA/VNS Photo Doãn Tấn

HÀ NỘI National Assembly deputies yesterday discussed the draft amendment to the Land Law, pointing out inconsistencies due to its broad scope and connections to other laws.

Issues were raised in relation to the recovery of land, rules for commercial property and compensation offered.

Vũ Hồng Thanh, a member of the National Assembly Standing Committee and the Chairman of the Economic Committee of the National Assembly, said that key policies were not up to standard.

Thanh highlighted these points while delivering the explanatory statement, acceptance, and refinement of the draft amendment of the Land Law on November 3.

Many policies remain inconsistent

The draft law currently offers two choices regarding rules for land use in commercial property developments.

The first choice keeps the existing rules from the current Housing Law. It says that commercial real estate can only be built on land that already has rights for housing or on a combination of housing and other types of land (not including agricultural or non-agricultural land). This means that deals for land use must only be for residential land.

The second choice suggests allowing more types of land to be used for commercial property, without the current restrictions.

The updated Land Law draft presented to the National Assembly at its fifth session says there are two kinds of land that can be used for commercial property: just residential land, or residential combined with other land types (not counting agricultural or non-agricultural land).

However, at the same session, the draft also lists three types of land for commercial housing: residential land; residential plus other land (not including agricultural or non-agricultural land); and non-agricultural land that isn't for housing, with either a one-off payment for land use or rent for the whole period.

The National Assembly's Standing Committee's report highlights inconsistencies in government-submitted policy proposals.

Thanh noted that many key policies aren't well thought out, and some have sparked debate because the draft law's scope is too wide and overlaps with other laws.

"In addition, some regulations have historical relevance and reflect the state's policies through different periods. Although they are procedural and administrative in nature, they directly affect the rights and obligations of land users, so perfecting these regulations requires extreme care and caution," said Thanh.

Encouraging voluntary land handover

Thanh said that some parts of the amended law now have only one option for the National Assembly to consider, including those related to land recovery for national defence and security purposes, and land recovery for socioeconomic development.

The draft law also includes topics that voters are highly concerned about, such as compensation conditions, support, and resettlement when land is recovered for the above reasons.

Regarding the issue of land recovered for national defence, security, and socioeconomic development, Thanh said the draft law supplements cases of land recovery for "implementing projects approved by the National Assembly, Prime Minister, or investment decisions according to legal regulations."

This provision includes projects with foreign investment if they are approved by the National Assembly or Prime Minister.

Regarding compensation, support, and resettlement when land is recovered, the draft law has added the provision: "People whose land is voluntarily surrendered to the state and have been provided temporary residence or have been provided with temporary residence expenses."

This regulation aims to encourage citizens to voluntarily hand over land that is being recovered, contributing to speeding up compensation, support, and resettlement, and also helps expedite the actual implementation of investment projects while still ensuring that the living conditions of the people are not significantly affected.

Land compensation debated

During discussions on land recovery regulations, Deputy Mai Thị Phương Hoa from Nam Định Province said the draft law includes 31 specific cases and one "other case" that the National Assembly would decide upon in case of further additions using simplified procedures.

However, she pointed out that while reviewing the 31 specific cases, there are still "other cases" to consider.

"These 'other cases' are unclear as to their nature and who will make the decisions. The law needs to be clear, objective, transparent, especially when it comes to matters related to the legal rights and interests of citizens," Hoa said.

Trần Văn Tuấn from Bắc Giang Province argued that listing these specific cases may not be comprehensive enough and fails to address one of the most significant current issues. That is the state's land recovery based on compensation prices, while businesses and landowners negotiate land use rights transfers for project implementation, which typically leads to higher land prices.

"This is why citizens always feel disadvantaged when the state recovers land," Tuấn said.

Tuấn proposed the National Assembly continue deliberations and carefully review the draft Land Law, urgently addressing the difficulties and obstacles caused by the current land law.

Lê Thanh Vân from Cà Mau Province believed it's essential to maintain a consistent principle for land compensation prices, specifically by compensating for land value as stated in land use rights certificates. All members of society benefit from the increased value of land as a result of state investments and urban planning.

In addition to implementing detailed planning for residential, commercial, and urban land projects, the state must liberate land and provide it to businesses and investors for auctions. The proceeds can serve to recover state investment costs for detailed planning, infrastructure connections (this is essentially public investment leading private investment), resettlement compensation costs, and infrastructure development for the common good.

"All land use projects should follow this principle without distinction between public and private projects, avoiding two-tier pricing and inequality, and preventing conflicts," Vân said.

The Cà Mau deputy believed that regarding the determination of compensation methods, it is crucial to select the appropriate approach for each type of land and to include clear principles in the law.

Land used for housing, linked to property rights, and assets on the land should apply the market comparison method, even the surplus method. For agricultural land, the income approach should be used. If these principles are specified in the law, the government will have the basis for implementing them.

"This is a crucial piece of legislation, and we need to be extremely cautious when reviewing it," Deputy Lê Thanh Vân stressed. VNS