Mr. N.H in Quang Tri reflected that the land fund development unit was assigned the task of being the investor to implement infrastructure construction investment projects. After completing the infrastructure and handing it over to other units for management, the residential land was auctioned for land use rights, and did not carry out land allocation procedures according to the provisions of the Land Law because it was not a land user.
Mr. H asked, is it correct that the land fund development unit only conducts land acquisition, site clearance and project implementation?
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
Clause 2 and Clause 6, Article 14 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates:
"The task of the Land Fund Development Center is:
Land fund management is stipulated in Clause 1, Article 113 of the Land Law.
Establish and implement a project to create a land fund to organize an auction of land use rights.
Develop and organize the implementation of compensation, support and resettlement plans when the State reclaims land; establish a project to create land funds to allocate land to implement land policies for ethnic minorities; develop a land price list; determine specific land prices according to the requirements of competent state agencies.
Organize the implementation of investment in construction to create and develop resettlement land funds to serve the State in reclaiming land and developing the local socio-economy.
Organize the auction of land use rights according to the provisions of law...
The Provincial People's Committee shall promulgate regulations on coordination in performing functions, tasks and powers between the Provincial Land Fund Development Center, the District Land Fund Development Center with the competent land management agency, financial agency and other relevant local agencies and units according to the principles specified in Clause 6, Article 13 of this Decree".
Pursuant to the provisions of law, the Land Fund Development Center is responsible for establishing and implementing a project to create a land fund to organize an auction of land use rights.
The Provincial People's Committee issued regulations on coordination in performing functions, tasks and powers between the Land Fund Development Center and the competent land management agency, financial agency and other relevant agencies and units in the locality according to the principle prescribed in Clause 6, Article 13 of Decree No. 103/2024/ND-CP.
