Decentralization and delegation of authority will help reduce inconvenience for people when applying for red books.

Decentralization, delegation of authority, reduction of administrative procedures in granting land use right certificates

Currently, the Ministry of Natural Resources and Environment (MONRE) is urgently implementing the Prime Minister's direction on developing detailed guidance documents, ensuring sufficient conditions for the National Assembly to consider and allow the 2024 Land Law to take effect on July 1, 2024, including the Draft Decree regulating basic surveys, land; registration, granting of Certificates of land use rights, ownership of assets attached to land and land information system, land prices...

Deputy Minister of Natural Resources and Environment Le Minh Ngan said that this unit has presided over the drafting of 6 decrees and 4 circulars. In particular, the draft Decree detailing the implementation of a number of articles of the Land Law consists of 10 chapters and 115 articles detailing 51 contents assigned in the law. In particular, focusing on general provisions; functions, tasks, structure, and organizational apparatus of land registration organizations, land fund development organizations; land use planning and plans; land recovery, land requisition; land fund development, management, and exploitation; land allocation, lease, and change of land use purposes; land use regime; monitoring and evaluation of land management and use; specialized land inspection; settlement of land disputes, and handling of violations of land laws by those who violate land laws when performing official duties in the land sector.

The Ministry of Natural Resources and Environment has established a Drafting Committee and an Editorial Team to provide comments on the Decree, and at the same time, collect comments from relevant departments and branches in 63 provinces and cities. The Ministry has received comments, revised the dossier and submitted to the Ministry of Justice the Decree regulating compensation, support and resettlement when the State recovers land; the Decree regulating basic land survey, registration, granting of certificates of land use rights, ownership of assets attached to land and land information system; the Decree regulating land prices; the Decree regulating administrative sanctions in the field of land; the Decree regulating sea encroachment activities.

Regarding the content of granting land use right certificates, Deputy Minister of Natural Resources and Environment Le Minh Ngan said: "The Draft Decree will focus on three main contents: basic land survey; registration and issuance of land use right certificates and ownership of assets attached to land; land information system. In which, regarding basic land survey, the Draft stipulates the order, procedures and costs; regarding registration and issuance of land use right certificates and ownership of assets attached to land, the Draft stipulates in the spirit of decentralization, decentralization, reducing administrative procedures, compliance costs, reducing inconvenience for people, especially not creating new procedures and associated with digital transformation; regarding the land information system, the Draft stipulates related to technology, exploitation of land databases"

According to Deputy Minister of Natural Resources and Environment Le Minh Ngan, on February 7, 2024, the Ministry of Natural Resources and Environment posted the Draft Decree on the Government's Electronic Information Portal and the Ministry of Natural Resources and Environment to widely collect opinions from organizations and individuals and sent official dispatches to request opinions from ministries, branches, localities and related organizations. In addition, the Ministry of Natural Resources and Environment organized workshops in the regions to collect opinions from provinces and centrally run cities.

To date, the Ministry of Natural Resources and Environment has received 218 comments from ministries, branches, localities and relevant organizations on the draft Decree. Of which, 12/31 ministries and branches have 32 comments; 29/63 provinces and centrally-run cities have 170 comments and the Banking Association has 16 comments. In addition, the Ministry of Natural Resources and Environment has also reviewed legal documents related to land under the authority of the Government and the Prime Minister to complete the draft Decree to ensure consistency and synchronization; assess policy impacts, assess administrative procedures, and gender impacts in accordance with the provisions of the Law on Promulgation of Legal Documents. The draft Decree regulating basic surveys, land; registration, issuance of land use right certificates, ownership of assets attached to land and the land information system after receiving comments includes 5 Chapters and 72 Articles.

Early completion of regulations on land prices, compensation, support, and resettlement when the State reclaims land

Sharing about the regulations on compensation, support and resettlement when the State acquires land, Deputy Minister Le Minh Ngan said that the Draft Decree regulating compensation, support and resettlement when the State acquires land is a very important Draft Decree. At the working session with ministries and branches on April 16, Deputy Prime Minister Tran Hong Ha requested the Ministry to urgently complete and submit to the Government so that the Government can organize an online conference to collect opinions from localities on this Draft Decree and the Draft Decree regulating land prices.

"The draft Decree will focus on compensation, support, resettlement plans and plan appraisal; compensation by land with a different purpose than the recovered land or by housing; other cases of land compensation and conditions for land compensation; subjects receiving support for stabilizing life, training support, career conversion and job search; some local problems and proposed solutions...", Deputy Minister Le Minh Ngan shared.

Regarding the development of detailed regulations on land prices, Deputy Minister Le Minh Ngan said that the Draft Decree, after consulting organizations and individuals, consists of 6 Chapters and 59 Articles; regarding the scope of regulation, this Decree details the implementation of a number of articles and clauses of the 2024 Land Law, including contents on land valuation methods; development, adjustment, amendment and supplementation of land price tables; specific land valuation and land valuation consultancy activities.

Regarding the progress of drafting documents detailing the implementation of the 2024 Land Law, Deputy Prime Minister Tran Hong Ha said: "The Prime Minister has issued a document directing ministries and branches to urgently draft detailed guidance documents, ensuring sufficient conditions for the National Assembly to consider and allow the 2024 Land Law to take effect on July 1, 2024 (5 months earlier than the law stipulates January 1, 2025). This requires great efforts and determination from ministries and branches, but must fully implement all steps of the legal document drafting process. Drafting legal documents is one of the highest priorities of the Government and the Prime Minister. This is the responsibility of Government leaders, ministers, and heads of branches".

The Deputy Prime Minister emphasized that the process of drafting documents guiding the implementation of the 2024 Land Law must thoroughly grasp the spirit of "early, from afar", thoroughly resolving issues with different opinions and thinking, in order to ensure consistency and uniformity before submitting them to competent authorities for consideration and comment. In particular, the legal documents that each ministry and sector is responsible for drafting must demonstrate an organic relationship, implement the consistent goals set out in the 2024 Land Law and be consistent and consistent with other relevant laws; at the same time, be comprehensive, inherit the values ​​and correct regulations that have been affirmed in practice; thoroughly decentralize and delegate power; promote digitalization and implement administrative procedures on land in the electronic environment.

The Deputy Prime Minister requested the Ministry of Justice and the Ministry of Natural Resources and Environment to coordinate and urgently prepare documents and procedures to submit to the National Assembly to issue a Resolution allowing the 2024 Land Law to take effect on July 1, 2024.