People do not need to confirm that the land is not in dispute, the origin of the land when issuing a red book

Nguyễn Hà |

According to Minister Do Duc Duy, from July 1, 2025, people do not need to confirm that the land is not in dispute when issuing red books.

At the national training conference on how to operate the new commune-level political system on the morning of June 15, Minister of Agriculture and Environment (MONRE) Do Duc Duy reported on the implementation of decentralization, delegation of authority, and division of authority in the agricultural and environmental fields when implementing local governance at 02 levels.

Avoid formal decentralization

The total number of legal documents reviewed by the Ministry of Agriculture and Rural Development is up to 1,055 documents. The Ministry has compiled, classified and clearly identified 141 authority of the Government, the Prime Minister, 500 authority under the responsibility of the Minister of Agriculture and Rural Development, along with more than 1,000 authority and tasks of local authorities.

Decentralization, delegation of authority, and division of authority in the field of agriculture and environment are carried out according to many principles, in which, specific contents, associated with the area and practical management at the grassroots level, are resolutely handed over to local authorities at all levels, including People's Councils, People's Committees and Chairmen of People's Committees at the provincial and commune levels. The Committee avoids the situation of "decentralization of forms" and decentralization of power but still asks for opinions on the assignment without assigning authority and not assigning enough resources, causing confusion and confusion in the locality.

Transferring 166 responsibilities from the Minister of Agriculture and Rural Development to localities

Regarding the results of decentralization and delegation of authority from the Government, the Prime Minister to the Minister of Agriculture and Rural Development and local authorities: Decentralization and delegation from the Government to the Minister of Agriculture and Rural Development 68 authority and tasks; Decentralization and delegation from the Prime Minister to the Minister of Agriculture and Rural Development 48 authority and tasks; Decentralization and delegation from the Government and the Prime Minister to local authorities 17 authority and tasks.

Results of decentralization and delegation of authority from the Minister of Agriculture and Environment to local governments with 166 powers and tasks; Decentralization and delegation from provincial governments to commune-level governments with 11 powers and tasks.

The authorities and tasks that have been delegated to localities and have been regulated to seek opinions from central agencies before deciding and approving them do not have to be implemented, the competent agencies and people of the localities that decide for themselves must ensure the spirit of "locality decides, locality does, locality takes responsibility".

On the other hand, it is required that competent agencies and individuals at the central level must hand over and competent agencies and individuals at the local level receive the documents within 03 months from July 1, 2025 for local authorities to manage the state according to their assigned authority and tasks.

According to Minister Do Duc Duy, Decree No. 131/2025/ND-CP and Decree No. 151/2025/ND-CP aim to clearly define the tasks between the provincial and commune levels in the case of no longer organizing at the district level, in which 192 responsibilities and tasks are assigned from the district-level government to the new commune-level government and partly to the provincial level (Conversion of 14 responsibilities and tasks from the district level to the provincial level; Transfer of 178 responsibilities and tasks from the district level to the commune level).

In addition, in the land sector, transfer the authority of the Provincial People's Council to the Provincial People's Committee for implementation related to compensation, support, resettlement, land price lists; transfer 54 authority of the Provincial People's Committee to the Chairman of the Provincial People's Committee for implementation related to the project of building land price lists, specific land prices, areas, scope of needing to be made up cadastral maps, land investigation, assessment, etc.

Issuing red books without confirming land origin

Decree No. 151/2025/ND-CP redraws the order and procedures for implementing 55 administrative procedures and cuts 165 days for administrative procedures; in which 3 working steps are removed: there must be a Land Registration Council in the procedures for granting the first Receipt Certificate; signing a land lease contract; determining land prices in the procedures for registering changes on land leased by the State for annual land rent collection.

Decree No. 151/2025/ND-CP also stipulates the removal of 11/66 (equivalent to 16.67%) of administrative procedures on land; removal of 08/24 conditions for performing services in the land sector (equivalent to 33.33%); removal of 08 types of documents such as the dossier for granting the first receipt of the Certificate of abandonment of the authentication documents of the competent authority on the conditions for the existence of houses and works.

The Minister gave an example in the field of land, the Chairman of the People's Committee at the commune level decides on land allocation, land lease, permission to change land use purposes, recovery, compensation, support, and resettlement to promote the role and responsibility of the heads of agencies and organizations at all levels, not to let the situation of pushing, avoiding and delaying the implementation of tasks and powers.v.v.

When preparing documents to carry out registration and issue an Admission Certificate, the candidate can choose one of the places in the dossier at the provincial level. The land administrative procedure handling agency is not required to require land users to revise records and documents related to land after arranging and organizing local authorities at 02 levels, but at the same time when the land user carries out administrative procedures or based on the needs of the land user.

Commune-level People's Committees when carrying out procedures for granting Certificates of land use rights and ownership of assets attached to land in Articles 137, 138, 139 and 140 of the Land Law do not have to carry out separately to confirm compliance with planning, no disputes, and land is used stably. (For example: according to the provisions of the Land Law, when people want to be granted a Certificate of Acceptance, they must have a certificate of stable use, no responsibility, land origin... then now people who need to be granted a Certificate of Acceptance for the first time will not have to do so).

Nguyễn Hà
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