Discourse on settlement mechanism for the land areas without land expropriation decisions or with permission for change of land use purpose on schedule

Abstract

Adjustment, cancellation of the land expropriation or change of land use purpose for the land areas in the annual district-level land use plan, which have no land expropriation decisions or with delayed permission for change of land use purpose after three years, is a provision issued to reduce, erase “hanging” land areas and ensure the rights of land users. However, the existence of many land areas which are allocated to the land use plan to implement projects and public works but have not been implemented in many localities during the last decades shows that this regulation has not been effective as expected. This article focuses on analyzing the regulation on “adjustment, cancellation of the land expropriation or change of land use purpose for land areas in the annual district-level land use plan which have no land expropriation decisions or with delayed permission change of land use purpose after three years”. In other terms, the regulation can be viewed as a “settlement mechanism for the land areas which have no land expropriation decisions or permission change of land use purpose on schedule regulated in the annual district-level land use plan” and has been regulated in Clause 8 Article 49 Land Law of 2013 (with amendments through 2018) and Clause 4 Article 82 Draft of The Land Law (amended). The article analyses from the perspective that this is a tool for protecting the interests of land users. Thereby, the article offering some recommendations for legal improvement on this matter.