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VIEWPOINTS
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Land planning, allocation, lease, pricing |
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and LUR revocation |
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 The
revocation of LUR (where land is not put into use within 12
months or the project's progress is more than 24 months behind
schedule) may be appropriate for the objective of minimizing
land speculation, but is inappropriate from a legal perspective.
It is using an administrative measure to negate a legally
accepted contractual agreement. For example, if an investor pays
land-lease rental for 10 or 20 years, he should have the right
to mortgage this land leasehold, and bankers should be legally
allowed to take it as a mortgaged asset. When the State
repossesses the land, how will the investor be compensated? And
how will bankers' rights be protected?
Mr. Nguyen Duc Vinh
- Chief Executive Officer, Techcombank
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The stipulation to
revoke LUR (of land) that is not utilized within 12 months or
where investment plans are delayed over 24 months is
appropriate, because in practice a number of both local and
foreign-owned businesses apply for land [to speculate ] and sell
rather than for actual manufacturing or investment purposes.
There has been a lot of talk about how we expect transparency
and honesty on the part of government officials, we should also
talk about expecting integrity on the part of businesses. The
only thing the draft Law still lacks [with regard to the issue
of repossession] is clarification on how businesses that have
already paid rent or land-use fees up-front would be
compensated.
Dr. Le Xuan Ba
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I agree that the
authority to allocate and lease land to businesses should lie at
the provincial or city level, because management ability is
still limited at the local [district and commune] level, not to
mention the prevalence of corruption [at this level] is still
high. What's most important is the strict and timely
implementation of the decision that is made. Take my company's
case as an example - we applied to lease land in Hung Yen
province near our head office, and got approval quickly from the
provincial authority. But its been almost two years now, and the
district and commune authorities have not yet implemented this
decision, and we still have not been able access land for
production [in Hung Yen province]. When we applied to lease land
in Quang Ninh province, it was also approved quickly at the
provincial level, and only five months later, we were able to
access land and start our investment project.
Mrs. Ha Thi Vinh
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