Phu Tho Department of Agriculture and Environment said that the draft has stipulated that cases of receiving legal land use rights transfer from people with legal land use rights but not completing land registration procedures are still eligible for land compensation.
The Department of Agriculture and Environment believes that the draft has not fully stipulated the coordination procedures between units performing compensation tasks, land registration organizations and tax authorities; has not clearly stipulated the mechanism for handling tax, fee, and charge obligations arising from transfer transactions; the payment of money in case of disputes; as well as the revocation, cancellation or correction of issued certificates.
Therefore, the Phu Tho Department of Agriculture and Environment proposed to add a new clause after Clause 3, Article 43 of the draft Law in the direction of:
For the cases specified in point d, clause 2 of this Article, units and organizations performing compensation, support, and resettlement tasks are responsible for coordinating with land registration organizations, tax authorities and relevant agencies to review land use right transfer dossiers; identifying compensated people and financial obligations arising directly from land use right transfer transactions".
After receiving the opinions of the Phu Tho Department of Agriculture and Environment, the drafting agency (Ministry of Agriculture and Environment) reports as follows:
Resolution 66 of the Central Government, the Law is built in the direction of only regulating framework issues, principled issues under the authority of the National Assembly; practical issues that frequently fluctuate are assigned to the Government, ministries, branches, and localities to regulate.
Therefore, regulations related to the order and procedures for land recovery, compensation, support, and resettlement will be accepted by the drafting agency to be specifically developed in the Decree guiding implementation.
