The revised 2003 Land Law was adopted by the National Assembly by 89 percent of votes. Nguyen Si Dung, Vice Chairman of the NA Office, spokewith Ha Noi Moi (New Ha Noi) about how the law will be implemented.
* During the implementation of the law, what issues need special treatment?
The revision of the 2003 Land Law was long and carefully drafted.However, the issues of land acquisition and land evaluation were thehottest issues. As a result, the treatment procedures of these twoissues were carefully regulated in the new law. However, I can't sayright now how these two issues will be handled in reality.
Under the new law, the scope of land acquisition is limited inaccordance to the spirit of the new Constitution. That is, landacquisition will only be applied to socio-economic development projectsfor the interests of the nation and the community. Land compensationprices must follow the laws.
However, a very importantadditional condition attached to such a mechanism deals with theharmonisation of the interest of concerned parties, particularly theland owner.
* Will you please further elaborate on the idea of "the interest of the nation and the community"?
In many countries, only the court has the right to decide the phrase"for the interests of the nation and community." They will come up with adefinition of the phrase through the trial of land disputes, in reallife.
However, in the case of our country, the StandingCommittee of the National Assembly is the organisation invested with theright to apply the definition of the phrase. Based upon the definitionfrom the NA Standing Committee, it will further be explained in guidingdocuments on how to implement the law. So, in my opinion, if we don'thave a thorough understanding of the phrase, it is likely that disputesand petitions will continue to arise.
* What about the land evaluation issue?
Under the new law, the Government is invested with the right to landevaluation with very detailed and demanding procedures. Opinions fromindependent evaluation agents will be important considerations ondeciding the compensation price. However, in real life, land ownersalways want to have high prices, versus the project owners. That's why,in my opinion, we should establish a land evaluation council with theparticipation of various agencies, including that from an independentagent.
* Why don't we do the land evaluation based upon the consensus between the land owner and the project owner?
Consensus is a good option between disputes. However, in reality, thismethod is not workable due to the prolonged process, sometimes anendless process, for the two parties to reach consensus.
Inaddition, the acceptance of consensus means the acceptance of privateland ownership. As in our country, land belongs to the people, and theState acts as the land owner and manager on behalf of the people. Asensible way to deal with this issue, and I myself favour the idea, isestablishing an evaluation council. Of course, such a council must haveat least three to five members.
* If the independent evaluation council is established, what operational procedures must it follow?
Of course, the council will be established when it is approved by law.However, before that we have to see if there are many good landevaluators in Viet Nam . If not, we must determine how we can trainthem. When we have the personnel ready, we'll discuss the establishmentof the council and legal matters about the operation of the council, tomake sure its operations are fair.
Another thing we cannotforget is to prepare for the worse case, of people continuing to lodgecomplaints and petitions on the issue of land compensation.
* Do you have any comments about the so-called "group of interest" during the process of land acquisition?
In whatever situation, the "group of interest" always exists. The keyissue here is the practice of transparency and accountability andkeeping the interest of balance between the parties. If we havetransparent procedures on land acquisition and compensation, I'mconfident that we will be the winner in the fight against the "group ofinterest."
* How about the issue of supervision in the implementation of the new Land Law?
That task belongs to the National Assembly. The first supervisionactivity is to look at how the law is implemented. Then, later on, theNA may conduct topic supervision missions. Of course, on-the- spotsupervisors are the people affected by acquisition decisions.
Other groups of supervisors we cannot forget to mention are media workers.-VNA
* During the implementation of the law, what issues need special treatment?
The revision of the 2003 Land Law was long and carefully drafted.However, the issues of land acquisition and land evaluation were thehottest issues. As a result, the treatment procedures of these twoissues were carefully regulated in the new law. However, I can't sayright now how these two issues will be handled in reality.
Under the new law, the scope of land acquisition is limited inaccordance to the spirit of the new Constitution. That is, landacquisition will only be applied to socio-economic development projectsfor the interests of the nation and the community. Land compensationprices must follow the laws.
However, a very importantadditional condition attached to such a mechanism deals with theharmonisation of the interest of concerned parties, particularly theland owner.
* Will you please further elaborate on the idea of "the interest of the nation and the community"?
In many countries, only the court has the right to decide the phrase"for the interests of the nation and community." They will come up with adefinition of the phrase through the trial of land disputes, in reallife.
However, in the case of our country, the StandingCommittee of the National Assembly is the organisation invested with theright to apply the definition of the phrase. Based upon the definitionfrom the NA Standing Committee, it will further be explained in guidingdocuments on how to implement the law. So, in my opinion, if we don'thave a thorough understanding of the phrase, it is likely that disputesand petitions will continue to arise.
* What about the land evaluation issue?
Under the new law, the Government is invested with the right to landevaluation with very detailed and demanding procedures. Opinions fromindependent evaluation agents will be important considerations ondeciding the compensation price. However, in real life, land ownersalways want to have high prices, versus the project owners. That's why,in my opinion, we should establish a land evaluation council with theparticipation of various agencies, including that from an independentagent.
* Why don't we do the land evaluation based upon the consensus between the land owner and the project owner?
Consensus is a good option between disputes. However, in reality, thismethod is not workable due to the prolonged process, sometimes anendless process, for the two parties to reach consensus.
Inaddition, the acceptance of consensus means the acceptance of privateland ownership. As in our country, land belongs to the people, and theState acts as the land owner and manager on behalf of the people. Asensible way to deal with this issue, and I myself favour the idea, isestablishing an evaluation council. Of course, such a council must haveat least three to five members.
* If the independent evaluation council is established, what operational procedures must it follow?
Of course, the council will be established when it is approved by law.However, before that we have to see if there are many good landevaluators in Viet Nam . If not, we must determine how we can trainthem. When we have the personnel ready, we'll discuss the establishmentof the council and legal matters about the operation of the council, tomake sure its operations are fair.
Another thing we cannotforget is to prepare for the worse case, of people continuing to lodgecomplaints and petitions on the issue of land compensation.
* Do you have any comments about the so-called "group of interest" during the process of land acquisition?
In whatever situation, the "group of interest" always exists. The keyissue here is the practice of transparency and accountability andkeeping the interest of balance between the parties. If we havetransparent procedures on land acquisition and compensation, I'mconfident that we will be the winner in the fight against the "group ofinterest."
* How about the issue of supervision in the implementation of the new Land Law?
That task belongs to the National Assembly. The first supervisionactivity is to look at how the law is implemented. Then, later on, theNA may conduct topic supervision missions. Of course, on-the- spotsupervisors are the people affected by acquisition decisions.
Other groups of supervisors we cannot forget to mention are media workers.-VNA
