Law on Resettlement for People Whose Land is Recovered and Must Move

People whose land is recovered will be compensated at a land price close to the transfer price of the right.

Land use on the market under normal conditions; when the State allocates land or sells resettlement houses, they also have to pay money or buy houses at the prescribed price and this price

is also the price close to the price of land use rights transfer on the market under the conditions

normal conditions. Thus, the rights of people whose land is recovered by the State are still guaranteed; if there is land damage, it is only the large area of ​​recovered land while the area allocated for resettlement may be less than the recovered area due to the actual land fund conditions of each locality;

However, in reality, it is not like that. As analyzed above, Hanoi in particular and provinces and cities across the country in general, the land price announced by the Provincial People's Committee according to the regulations of the Land Law is still much lower than the current price.

Actual land use rights transfer price

on the market

school under normal conditions

usually. Thus, if a household has more area recovered, the level of damage to economic rights of that household will be greater. Besides, the selling price of resettlement apartments

prescribed by Hanoi People's Committee in Decision No. 80/2005/QDUB dated June 3, 2005

(This decision is no longer in effect) has the highest price of 6,486,000 VND/m2 and the lowest is 3,420,000 VND/m2; which is also much lower than the buying and selling price on the market (because at the time Decision No. 80/2005/QDUB was in effect, the average buying and selling price of apartments on the market in Trung Hoa Nhan Chinh area, Cau Giay district was from 1,315 million VND/m2). Thus, if a household is allocated land or buys more apartments, there will be a big difference in economic benefits. Therefore, Hanoi City must have regulations on standards, norms, and principles for considering the sale of resettlement houses as mentioned above. However, in practice, there are also many difficulties and complications, such as households with many land recovered but few people are only allowed to buy one apartment, while some households have few land recovered but

There are many people who can buy 2 apartments, leading to inequality between 2 households in terms of economic damage when the State reclaims land; or in the case of one household but has

Up to 34 families lived together on one plot of land, when it was all taken back, it was just

bought 2 apartments

…The Problems

The above has raised many questions.

complaints of people whose land is recovered and who are arranged for resettlement; at the same time, it also leads to the principles of fairness and the principle that the new place of residence must be better than or equal to the old place of residence, which the law has stipulated, are not yet guaranteed;

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two:

The problem of poor quality of houses and land in resettlement areas

in Hanoi recently has caused many frustrations and complaints from households being arranged to resettle in resettlement areas. For example, resettlement area X8 in Co Bi commune, Gia Lam district for households in Thanh Tri Bridge project, after the households have been living there for more than 1 year, there is still no electricity or clean water supply to the resettlement area; the quality of apartments in resettlement areas is not guaranteed such as: 7.2ha Vinh Phoc area, Ba Dinh district; Trung Hoa, Cau Giay district; Den Lu, Hoang Mai district... After people have moved in, they have had to request the investor and construction unit to repair and maintain. The cause of this situation is partly due to the implementation mechanism; there is no supervision of the quality of resettlement houses by the people themselves, or by the district-level People's Committee, the agency responsible for implementing the decision to reclaim land and move people whose land is reclaimed to the resettlement area;

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three:

Implementation of the regulation "establishing and implementing projects"

"TDC project";

Preparing enough housing and land for resettlement before implementing land acquisition in Hanoi in the past time has not met the requirements. Many projects in the city have had to delay implementation due to lack of housing and land for resettlement, such as: the road section from Kim Dong to Tan Mai has not been implemented because there are currently 600 apartments for resettlement; the road section from O Dong Mac to Nguyen Khoi dike had to postpone the start of construction from 2006 to 2007 because the resettlement houses of the project in Nam Trung Yen area are expected to be completed by August 2007, etc.;

Or like the Ring Road I (Kim Lien O Cho Dua section) which was once called "the most expensive road on the planet". When the project was established, the road was expected to have an additional 100m of land reclaimed on both sides to make a street on both sides of the road. This task was assigned to the budget capital project management board under the Department of Natural Resources, Environment and Rural Development as the investor. According to the survey, to build the road, it is necessary to arrange resettlement for about 1,000 households and to build a street on both sides of the road, it is necessary to arrange resettlement for about 1,200 more households. By the time of the groundbreaking (October 2005), the resettlement housing fund of the project in the Nam Trung Yen area could only meet about 1,000 apartments; to meet the demand for the entire street on both sides of the road, it would take until 2007 to have enough resettlement housing to implement. Faced with the problem of traffic congestion, the road opening is urgent, so Hanoi City has decided to start construction of the road, temporarily suspending the construction of Street 2.

on the side of the road, causing high BT costs. Households are allowed to live on the street, but the State does not collect the difference in value from the land created without investment from the land users, creating unfairness between households whose land is recovered and households whose land is not recovered, automatically becoming people with houses on the street;

Through this, it can be seen that the provisions of the law on resettlement and the implementation of resettlement arrangements for people whose land is recovered and who have to relocate their residence not only aim to properly resolve the rights of people whose land is recovered but also directly affect the progress of investment projects, affecting the implementation of socio-economic development plans of each locality as well as of the State;

Chapter 3‌

SOLUTIONS TO IMPROVE THE LAW ON COMPENSATION, SUPPORT, AND RESETTLEMENT WHEN THE STATE RECOVERS LAND AS A BASIS FOR ASSESSING THE CURRENT SITUATION OF IMPLEMENTATION IN HANOI

3.1. Orientation to perfect the law on compensation, support and resettlement when the State reclaims land based on assessment of the current situation applied in Hanoi.

With its position and role as the heart of the country, the national political and administrative center, a major center of culture, science, education, economy and international transactions, Hanoi must take the lead in promoting industrialization, modernization and urbanization.

associated with the development of a knowledge-based economy. Hanoi will have to use a land fund

relatively large to build and develop the capital "bigger, more beautiful, more decent"; meanwhile, Hanoi's land fund is not much, the value of land is increasing. Based on the study of the current status of law application on compensation, support, and resettlement when the State reclaims land, the completion of this legal area to solve the problem of creating a land fund for the industrialization and modernization process to ensure sustainable development needs to be based on the following orientations:

The following basics: With the position and role as the heart of the whole country, the political brain

As a national administrative center, a major center of culture, science, education, economy and international transactions, Hanoi must take the lead in promoting industrialization, modernization, and urbanization associated with the development of a knowledge-based economy. Hanoi will have to use a relatively large land fund to build and develop the capital "more beautiful, more dignified"; meanwhile, Hanoi's land fund is not much, and the value of land is increasing. Based on research on the current status of law enforcement

on compensation, support

assistance, resettlement

When the State reclaims land, the work is completed.

This area of ​​law aims to solve the problem of creating land funds for the cause.

Industrialization and modernization ensure the following basic orientations:

Sustainable development needs to be based on

The Party's viewpoints, guidelines, and policies on continuing to innovate policies and laws

Land law in the period of promoting industrialization and modernization of the country;

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private,

perfecting the law on

Compensation and site clearance must be associated with

shifting the agricultural economic structure towards industrialization and modernization; redistributing labor in rural areas; expanding new industries... increasing income for farmers;

Fifth , perfecting the law on compensation and site clearance must be based on the viewpoint that land prices are compensated by the State, and that people whose land is recovered can buy new equivalent housing; focusing on arranging on -site resettlement; separating social policies from land compensation prices;