Experts comment on Draft Land Law

Mechanism of transfer of land from agricultural to non-agricultural land is the problem "hot", it contains the risk of corruption and raises lawsuit. To solve this problem, an expert said that the draft Land Law should define principles for determining the land compensation based on the consensus of the majority of citizens in the community land clearance, as well as the need to promote the role of appraisal organizations.

To address this limitation, Professor Dang Hung Vo said that the draft Land Law should have a positive innovation to the process of land transfer is more favorable, higher build consensus and appropriate market mechanism more. Accordingly, the need for additional draft rules applicable consensus of the community, at least 2/3 of residents in the community consensus that the land price in the agreement between the business and the people.

Also on the issue of determining land prices, Dr. Pham Sy Liem, deputy chairman of the Vietnam Construction Association said that the draft Land Law should not be prescribed to the principle of "consistent with market prices" because the market price is agreed price for each piece of land at the site to determine at the time of determination. While compensation rates applied to an area in a period of time. So he proposed to replace the principle of Integrity "in line with market price" by the principle of "fair price". That can help create assets equivalent assets recovered in the same locations, plus a covered benefit brought by land development projects.

Comment on the issue of determining land prices, Mr. Nguyen Ngoc Tuan, chairman of the Valuation Standards Council gave determination for that matter is the State should serve as the construction of the pricing mechanism, regulate the direction inspection, test... and State does not need to evaluate prices on the market that should be socialized to the independent appraisal company made. Thus, in accordance with international practice, the State avoids "To be the judge in one's own case ".

The representative of the VILAF law firm also said that draft proposal should clearly stipulate the mechanism determining the market value of the recovered land clearance compensation for land owners. Accordingly, that should provide a mechanism to determine the market price as invited appraisal company or based on the transfer price of the same case, the same position in a specified period of time.