In response to the comments of the National Assembly deputies from the 5th session, the Ministry of Natural Resources and Environment has adjusted the time limit for granting certificates for these cases. However, the National Assembly deputies suggested that this issue should be specifically regulated to avoid legalizing violations.
Delegate Tran Dinh Gia, Ha Tinh delegation
Commenting on this content, many National Assembly deputies still have concerns about the regulation extending the time limit for considering granting Certificates to households and individuals using land with houses and other construction works from October 15, 1993 to July 1, 2014, because in reality, localities are facing many difficulties.
Delegate Tran Dinh Gia, Ha Tinh delegation, said that such provisions in the Law are very difficult to implement in practice, because extending the time limit for granting certificates must be accompanied by conditions, which is to consider clarifying the responsibility of those who have allocated land without proper authority according to legal regulations.
“The land records still show that the land belongs to that household or individual, the land is not in dispute, but there are no specific regulations to grant land use right certificates for these cases.
Therefore, it will be very difficult in land management, especially in compensation and site clearance. It will not be possible to determine compensation according to land type or garden land, agricultural land. This will lead to disadvantages in the legal rights of households in specific cases like this" , delegate Tran Dinh Gia suggested.
Delegate Pham Van Hoa, Dong Thap delegation
From another perspective, delegate Pham Van Hoa, from Dong Thap delegation, said that this is a very complicated issue in the localities. It is recommended to study and consider carefully to avoid legalizing violations of land allocation authority.
“I think it is necessary to grant, but there must also be objective caution to avoid negativity. There is a reason why we have not been able to grant these cases for many years. Now that we are expanding to grant, we must also consider each specific case.
Although there are criteria, to avoid cases of wrong authority, negative actions, and taking advantage of these cases to legalize documents, I think this issue should not be done," said delegate Pham Van Hoa.
Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that there should be a mechanism to issue certificates to households and individuals who are using land because there are cases where land has been legally used up to now but do not have the financial conditions to register for a certificate of land use rights. Therefore, the state needs to have policies to support these subjects, which is also a condition for the state to better manage land.
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