The Ministry of Agriculture and Environment has just issued a document responding to the reflection of the Nghe An Provincial Department of Justice related to the land sector. The content of the reflection is as follows:
Clause 4, Article 149 of the 2024 Land Law stipulates: Article 149. Issuing a Certificate of land use rights and ownership of assets attached to land for assets that are construction works other than houses... "Domestic organizations, foreign-invested economic organizations, foreign organizations with diplomatic functions, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad who create construction works with documents in accordance with the provisions of the law on construction will be granted a Certificate of land use rights and ownership of assets attached to land".
Currently, the documents guiding the implementation of the 2024 Land Law do not specifically stipulate documents in accordance with the provisions of the law on construction as prescribed in Clause 4, Article 149 of the 2024 Land Law. What documents do they include? Therefore, it is difficult to issue a Certificate.
Regarding this reflection, the Ministry of Agriculture and Environment responded as follows: To avoid overlapping between land regulations and construction laws in determining documents for construction works, this content is not stipulated in the Land Law but is implemented according to the provisions of the law on construction.
Nghe An Provincial Department of Justice also reflected: The content of Clause 4, Article 35 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government is not clear:
Firstly, the phrase "if considering land recovery as necessary" is still general, leading to difficulties in the application process.
Second, currently, there is no legal document specifically guiding the procedures for determining the remaining value of assets and the return to the person whose land is recovered in case of voluntary return of land according to Clause 2, Article 82 of the Land Law.
Regarding this reflection, the Ministry of Agriculture and Environment responded as follows: In Clause 4, Article 35 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, the People's Committee at the competent level of land recovery has stipulated that the People's Committee of the competent level establishes a Valuation Council to determine the remaining value of the property and return it to the person returning the land. Therefore, the People's Committee at the competent level shall consider each specific case to decide on the establishment of a Valuation Council, a host agency, a coordinating agency, the determination of the remaining value of the property, the refund fee, etc.
