Many limitations in granting land use right certificates in Binh Giang

Conclusion No. 1062/KL-TTr dated September 11, 2023 of the Chief Inspector of Hai Duong province on the inspection of the implementation of policies, laws and functions, tasks and powers assigned to the People's Committee of Binh Giang district and specialized agencies under the People's Committee of Binh Giang district (inspection period 2020-2021) pointed out many limitations in various fields, including many limitations and shortcomings in land registration and issuance of land use right certificates in Binh Giang district.

According to the above conclusion, the People's Committee of Binh Giang district has not yet implemented mandatory land registration for families and individuals according to Article 95 of the Land Law.

Regarding the results of granting land use right certificates, the Branch of the Land Registration Office of Binh Giang district reported that in 2 years (from 2020 to December 31, 2021), 11,043 certificates were granted with a total area of ​​187.78 hectares, including 556 urban land certificates with an area of ​​5.71 hectares; 10,487 rural land certificates with an area of ​​182.07 hectares.

The inspection team has checked 51 records prepared by the Department of Natural Resources and Environment and the Branch of the District Land Registration Office, which have been granted certificates of land use rights, house ownership rights and other assets attached to land by the People's Committee of Binh Giang District. The inspection results show that the process of granting certificates of land use rights, house ownership rights and other assets attached to land basically complies with regulations but still has many limitations and shortcomings.

That is, when issuing land use right certificates, there are cases where information on boundaries and areas of land plots for which land users have been granted certificates has not been checked and reviewed with the boundaries, landmarks, and areas of cadastral maps, and the VN-2000 coordinate system currently used to standardize land databases. In some cases, the diagrams of land plots, houses, and assets attached to land in the certificates have not determined the location of perennial land...

In cases of additional property issuance, there are cases where the land plot diagram does not clearly show the location of the construction work; the certificate of land use rights, house ownership rights and property attached to the land does not fully record the contents such as: number of floors, structure, year of construction completion. There are 11 cases where representatives of the Land Registration Office Branch and representatives of the People's Committee of the commune, town and land users have a record of inspection of the registration of changes in land use rights and property attached to the land, in which it is determined that the construction area, floor area, structure, class, number of floors, year of construction completion are not in accordance with regulations. There are 9 cases where the opinion of the Economic-Infrastructure Department agrees to add property without authority...

In cases of land use purpose change, there are cases where the Department of Natural Resources and Environment drafts a decision to submit to the District People's Committee for signing to change the land use purpose, without clearly stating the basis, planning, and annual land use plan of the district approved according to the decision of the Provincial People's Committee, while this is one of the bases for permission to change the land use purpose according to the provisions of Article 52 of the Land Law.

Through inspection, from 2020 to the end of 2021, the District People's Committee did not submit to the Provincial People's Committee for approval a plan to allow the conversion of land use purposes to residential land for families and individuals. The Commune People's Committee's submission of a request for the Binh Giang District People's Committee to change land use purposes is not in accordance with regulations. There are some cases where field verification was not carried out properly...

In cases of land use rights transfer, some applications for registration and issuance of land use rights certificates and house ownership certificates attached to land do not fully include the contents of houses, other construction works, and perennial trees.

The Provincial Inspectorate has requested the Chairman of the People's Committee of Binh Giang district to direct specialized departments and offices; People's Committees of communes and towns to coordinate with the Branch of the Land Registration Office of Binh Giang district to advise the Chairman of the District People's Committee to review and handle according to the provisions of law for the limitations and shortcomings in the work of granting land use right certificates. Review all records of land use right certificates granted to families and individuals from 2020 to the end of 2021 that have not been checked, and if limitations and shortcomings are discovered during the review process, report to the Chairman of the District People's Committee for consideration and handling according to the provisions of law.