The Ministry of Agriculture and Environment received the opinion of the National Assembly Delegation of Phu Tho province on resolving local difficulties and problems in implementing the 2-level local government model.
The content of the recommendation is as follows: Land administrative procedures are being counted including holidays; Land administrative procedures for receiving non-administrative boundaries are mainly slow at the Branch of the Land Registration Office, tax authority. However, currently all records that are slow in this field are counted to the People's Committee at the commune level (where the records are received). The internal process of land administrative procedures (under the authority of the Commune People's Committee) in step 2 transferred to the leaders of the Commune People's Committee is not suitable.
Responding to this content, the Ministry of Agriculture and Environment said:
- Regarding the time for implementing administrative procedures in the land sector that is including a day off: Pursuant to Form No. 03/DGTD-QDCT/SDBS attached to Appendix II issued with Circular No. 03/2022/TT-BTP dated February 10, 2022 of the Ministry of Justice guiding the assessment of the impact of administrative procedures in making proposals for the development of legal documents and drafting projects and draft legal documents, it is stipulated that: "When regulating the time limit for handling administrative procedures, it is necessary to unify the time as "day" or "working day".
Accordingly, "day" is a unit that shows the time (for holidays, holidays, and Tet according to regulations), "working day" is a unit that shows the working time of the agency handling administrative procedures (excluding holidays, holidays, and Tet according to regulations).
For administrative procedures with a settlement period of less than 7 days, it is regulated as a "working day", for administrative procedures with a settlement period of more than 7 days, it is regulated as a "day" to ensure consistency in the settlement and implementation of administrative procedures.
- Regarding internal procedures for implementing administrative procedures: At point b, clause 2, Article 4 of Circular 03/2025/TT-VPCP dated September 15, 2025, guiding the implementation of a number of contents of Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government on implementing administrative procedures under the one-stop, one-stop mechanism at the One-stop Department and the National Public Service Portal stipulates the development of internal procedures for handling administrative procedures, stipulating:
For localities: The specialized agency under the Provincial People's Committee shall preside over and coordinate with relevant agencies to review and develop an internal process for handling administrative procedures under the authority of the provincial and commune levels; collect opinions from specialized agencies and units on administrative procedure control for completion before submitting to the Chairman of the Provincial People's Committee for approval".
In Clause 7, Section I, Sub-A, Part V of Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 02 levels, decentralization and delegation in the land sector: "Based on specific local conditions, the Provincial People's Committee shall issue regulations on receiving, transferring records, resolving, and returning results of handling procedures for land registration and other assets attached to land, the time for implementing procedures of each relevant agency and unit, and the settlement of connections between relevant agencies under the one-stop mechanism to ensure no more than the total time prescribed by law and the principles prescribed in this Decree and Decree No. 101/2024/ND-CP; procedures for administrative settlement of land registration and land sub- beneficiary submission to the commune where the land is located".
Based on the above regulations, the Ministry of Agriculture and Environment requests the National Assembly Delegation of Phu Tho province to give its opinion to the People's Committee of Phu Tho province based on the regulations and actual situation of the locality to direct the development of an internal process for handling administrative procedures accordingly.
