The Ministry of Agriculture and Environment received a petition from voters in Dak Lak province with the following content: According to current regulations, public land (5%) is managed by the People's Committee of the commune, not granted a Certificate of Land Use Rights to households and individuals. However, in some localities, there are cases where grassroots authorities have agreed to exchange 5% of land for people to implement the construction of public works.
However, the law does not have regulations to regulate, leading to land being exchanged for public land, it is impossible to issue land use right certificates to people, and the rights of the people have not been guaranteed in reality. Propose that the National Assembly consider, amend and supplement legal regulations in the direction of allowing the issuance of Land Use Rights Certificates for the 5% of the exchanged land area, in order to ensure the legitimate and legal rights of the people and unify land management.
Regarding this proposal, the Ministry of Agriculture and Environment has the following opinion: The Land Law through all stages stipulates land for public needs of communes organized and managed and used by the People's Committee of communes, including the use for construction or to compensate for land used to build public works in communes permitted by competent State agencies (Article 45 of the Land Law 1993, Clause 1 and Point b, Clause 2, Article 15 of Decree No. 24-CP dated September 27, 1993 of the Government promulgating regulations on allocating agricultural land to households and individuals for long-term stable use for agricultural production purposes);
To compensate people whose land is used to build public works (Clause 2 and Clause 3, Article 72 of the 2003 Land Law, Point b, Clause 1, Article 74, Decree No. 181/2004/ND-CP, Point b, Clause 2 and Clause 4, Article 179 of the 2013 Land Law).
The land law through the stages does not stipulate the grassroots government exchanging land for people. In case the grassroots government has used public land to compensate people with land to implement the construction of public works in the locality according to the above regulations, the person using the land will be considered for settlement of the issuance of a Certificate of land use rights and ownership of assets attached to the land.
