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NEWS

Sideways glances at Land Law

16-10-2012

 



The draft amended law is not the silver bullet much of the property sector thought it would be

A number of concerns were raised during a meeting between enterprises and consultants held by Vietnam Chamber of Commerce and Industry (VCCI) and Ministry of Natural Resources and Environment (MoNRE) in Hanoi.

Truong Thanh Duc, chairman of law firm Basico, said the draft amended law did not address two main current obstacles - compensation prices and support methods for land users.
“These two obstacles are the main hurdles to delaying many projects in the country and also creating many petitions,” Duc said.

Vfam Vietnam lawyer Vu Xuan Tien said the Land Law amendments would be meaningless unless it solved outstanding land transferral bottlenecks. “The draft law still has many gaps and holes which policy-makers were not able to solve and the amended law is not much different from the current law,” Tien said. Meanwhile, Vietnam Construction Federation vice chairman Pham Sy Liem added his voice to the amended law’s shortcomings.

“There are still many things which create long and complicated petitions between land users and projects’ developers that are not solved in this amended law,” Liem said.

He urged that first thing which needs to be revised in the amended law was the mindset of “land recovery”.

“We must strongly agree that the word “recovery” must be changed to “buy” and ensure more benefits for people who are retrieved,” Liem said.

Moreover, Liem said people who have land taken over must be given benefits from commercial projects when they are in operation.

Liem suggested the National Assembly set up a new drafting board replacing the current one to work during the next six months solving all those obstacles. Regarding the compensation price, Duc said the government had issued many compensation policies, but the prices were below market prices.

Duc said the government should set up a lnad price-fixing body which government participates as one member only, other members should be developers and land users as well.

Duc said job creation schemes and benefits from commercial projects were necessary for people who have their land repossessed.

The draft amended Land Law is being prepared by the MoNRE to replace the Land Law 2003.
This draft law will be submitted to the upcoming meeting of the National Assembly slated for October, 2012 and ratified in the fifth plenary meeting in May, 2013.

This amended law contains 14 chapters and 190 articles, an increase of 6 chapters and 44 articles compared to the current one.

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