Mr. N.T.K in Dak Lak reflected that currently, public administrative procedures in communes are mainly land, in which the procedures for registering changes of households and individuals account for more than 70%.
The assignment of authority to register changes in land use rights to the Branch of the land registration organization is very inadequate.
Previously, the whole district only had one branch to register land, but now after receiving it, it takes a lot of time to move between the commune and the branch, the request documents, the application documents, the application documents... when people are behind schedule, causing pressure on the commune government that the commune does not have the authority to carry out administrative procedures for registration changes for the people.
Therefore, Mr. K proposed to amend and supplement Clause 1 and Clause 2, Article 136 of the Land Law in the direction that any agency that issues a red book must implement the content of adjusting changes to avoid assigning responsibility between agencies, while reducing pressure on administrative procedures and workload for land registration organizations.
The Ministry of Agriculture and Environment responds to this issue as follows:
To ensure consistency and compliance with the provisions of the issued law for the two-level local government model that has come into operation, the Ministry would like not to accept your comments.
The Ministry has researched, compiled and revised the content of Clause 1, Article 136 as follows:
"The authority to issue Certificates of land use rights and ownership of assets attached to land for cases of initial registration that require the issuance of Certificates of land use rights and ownership of assets attached to land or registration of changes in Clause 1, Article 121, Point g and Point h, Clause 1, Article 133 of this Law that are not subject to continued land use as prescribed in Point a, Clause 1, Article 172, Clause 1, Article 174 of this Law or the cases specified in Point b, Clause 7, Article 219 of this Law is stipulated as follows:
The competent land management agency at the provincial level shall issue a Certificate of land use rights and ownership of assets attached to land to land users and owners of assets attached to land specified in Clauses 1, 5 and 7, Article 4 of this Law that are not subject to Point b of this Clause.
The Chairman of the People's Committee at the commune level shall issue Certificates of land use rights and ownership of assets attached to land to land users and owners of assets attached to land specified in Clauses 2, 3, 4 and 6, Article 4 of this Law and cases specified in Clauses 1, 5 and 7, Article 4 of this Law that are allocated land, leased land or recognized by the State under the form of Article 118 or Article 119 but are exempted from all land use fees or Article 120 that are subject to annual land lease or one-time land lease and are exempted from all land rent for the entire lease term.
The cases of registration of changes specified in this clause shall be confirmed by the competent authority or person specified in Point a and Point b of this Clause on the issued Certificate or newly issued Certificate of land use rights and ownership of assets attached to land according to Government regulations".
