The Ministry of Agriculture and Environment has just issued an official dispatch on reviewing regulations in the land sector when organizing local governments at 02 levels.
According to this Ministry, for State management of land, the 2024 Land Law and Decrees detailing the implementation of the Law have many contents assigning Provincial People's Councils and People's Committees to issue detailed regulations and implementation instructions to apply in accordance with specific conditions in each locality.
Specifically, the Land Law 2024 has 20 contents of the People's Council and the provincial People's Committee detailing the implementation details; Decree 71/2024/ND-CP stipulating the land price allocated 4 contents; Decree No. 88/2024/ND-CP stipulates compensation, support and resettlement when the State recovers land allocated 11 contents; Decree No. 101/2024/ND-CP stipulates the basic survey of land; register and issue a certificate of land use rights, ownership of properties attached to land and land information system assigned 1 content; Decree No. 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law assigned 10 contents; Decree No. 104/2024/ND-CP stipulating the land development fund assigned 3 contents; Decree No. 112/2024/ND-CP detailing the land for rice growing 2 contents; Decree No. 123/2024/ND-CP stipulates the acts of administrative violations in the field of land allocation 1 contents.
According to the Ministry of Agriculture and Environment, after merging provinces and cities under the Project, there will be a situation within the province and city after the merger, there will be disagreements about some specific regulations.
For example: Time to handle administrative procedures, compensation for crop livestock, support levels of stabilization of life, production, minimum resettlement rate, compensation unit price when the State recovers land; Land allocation limits, recognition of land use rights; Conditions and minimum area of land parcel and land parcel separation for each type of land; The criteria for the decision to conduct bidding to select investors to implement investment projects with land use, policies on residential land and production land for ethnic minority ethnic minorities; Financial obligations on land, ...
The Ministry of Agriculture and Environment believes that this will lead to more negative impacts - between communes, wards, and between land users, thereby making it difficult for local land management.
De chu dông khac phuc nhung bat câp nêu trên, Bô Nông nghiêp va Môi trưong de nghi Ban Chi dao trien khai xây dung De an sap xep, hop nhat cac dơn vi hanh chinh cap tinh, Hôi dong nhân dân, Ủy ban nhân dân cac tinh, thanh pho thuc hiên viêc sap nhâp khan trương chi dao cac cơ quan chuyên môn chu dông ra soat cac nôi dung dưoc giao quy dinh chi tiet thi hanh Luât Dat dai va cac nghi dinh quy dinh chi tiet thi hanh Luât thuôc tham quyen cua Hôi dong nhân dân, Ủy ban nhân dân cap tinh de sua doi, bo Sung in the direction of unifying the application of a number of land policies or regulations on the application of specific local policies after the merger.
At the same time, there are transitional regulations to implement land policies at the provincial level when provincial-level administrative units after the merger come into operation, ensuring no interruption, no legal gaps, affecting the legitimate rights and interests of land users. During the implementation process, if there are any difficulties or problems, it is recommended to promptly report to the Ministry of Agriculture and Environment for specific instructions.
