New Constitution to set tough conditions on land recalls The Committee for Draft Amendment to the 1992 Constitution on Tuesday reaffirmed the need of recalling land to implement socioeconomic development projects and said that there needed to be tight regulations to avoid massive recalls.  Phan Trung Ly, head of the committee’s editorial board, said that land use right was a basic right of the people and thus the Constitution should precisely specify cases in which land could be recalled. This will serve as the basis for regulations of the Land Law to ensure transparency as well as avoid massive recalls that affect legitimate interests of the people. According to Ly, amid the current situation, it is still necessary to recall land to serve socioeconomic development beside the purposes of defense, security, national benefits, and public benefits. Therefore, the committee proposed the National Assembly amend Item 3 of Article 58 in the draft as follows: “The State recalls land of organizations and individuals in cases of high necessity for the purposes of defense, security, national benefits, public benefits and socioeconomic development projects. Land recalls must be publicized, made transparent and compensated as per the law.” This term has aroused controversy and drawn much attention of the people. There were many different points of view about this term voiced during May until September when public opinions were collected. Many suggested removing the term, some asked for clarity on “cases of high necessity”, and others proposed setting up a State council to consider and decide on land recalls serving the purposes of defense, security, national benefits, public benefits and socioeconomic development. With socioeconomic development projects, some suggested that the State should recall land only upon agreement between the project owner and the land user; or with adequate compensation ensuring fair benefits for those involved. Besides, many said the word “recall” could be replaced by “compulsory purchase.” There have been many protests as well, with land users disagreeing with project owners on compensations which in many cases are deemed much lower than market prices. There have been cases of protests turning violent as well. According to the agenda of the National Assembly’s session, deputies will discuss the draft amendment to the 1992 Constitution in groups today. The National Assembly will continue to discuss the draft constitution in plenary sessions on November 5 and November 18 before voting to pass it on November 28. Source: SGT