Minimize inconvenience for the public.

Báo Đầu tư•21/02/2024

Issuing land ownership certificates for land without documents before July 1, 2014: Minimizing inconvenience for citizens.

The decree guiding the implementation of the Land Law will include procedures for issuing land ownership certificates in cases where land lacks documentation prior to July 1, 2014, in order to minimize difficulties and inconvenience for the people.

Deputy Minister of Natural Resources and Environment Le Minh Ngan introduces the new points of the Land Law.

On the morning of February 19th, the Office of the President held a press conference to announce the President's orders regarding laws passed by the 15th National Assembly at its fifth extraordinary session (January 18th, 2024), including the 2024 Land Law.

Introducing the basic content, Deputy Minister of Natural Resources and Environment Le Minh Ngan said that the Land Law consists of 16 chapters and 260 articles, including amendments and additions to 180 out of 212 articles of the 2013 Land Law and the addition of 78 new articles.

Mr. Ngan also provided information on notable new points, such as the amendment and supplementation of regulations on land users to align with the provisions of the Civil Code, the Law on Beliefs and Religions, the Law on Nationality, and the Law on Investment; eliminating discrimination between Vietnamese citizens residing in the country and those residing abroad in accessing land.

The law has also perfected the rights of Vietnamese people residing abroad, stipulating that those residing abroad who hold Vietnamese citizenship have full land-related rights, just like Vietnamese citizens residing in the country (individuals within the country). It also stipulates that groups of land users, including household members, have the same rights and obligations as individual land users.

Another notable new feature is that the Law has added the right to choose between paying land rent annually or paying a lump sum for the entire lease period. It specifies the conditions for economic organizations to exercise the right to lease land from the State and pay annual rent. For public service units that have been allocated land by the State without land use fees but need to use part or all of the allocated area for production, business, or service provision, they may switch to leasing land and paying annual rent.

Notably, the Law delegates to the district-level People's Committees the authority to decide on land reclamation for use in national defense, security, and socio-economic development for the national and public interest, without differentiating based on land users as in the 2013 Land Law.

Regarding land finance, Deputy Minister Ngan said that the Law has removed the government's land price framework; it specifies the principles, basis, and methods for land valuation; it stipulates that land price tables are developed annually, with the first table to be published and applied from January 1, 2026, and adjusted, amended, and supplemented from January 1 of the following year; and it mandates the development of land price tables based on value zones and standard land parcels for areas with digital cadastral maps and land price databases.

In this amendment, the Law stipulates that households and individuals who used land from October 15, 1993, to before July 1, 2014, and whose land is now confirmed by the People's Committee of the commune where the land is located as being free from disputes, are entitled to be granted a certificate of land use rights and ownership of assets attached to the land.

Clarifying this point at the press conference, Deputy Minister Le Minh Ngan stated that in the process of issuing land use certificates, especially in cases where there are no documents proving land use rights, basing decisions on actual land use and land management history is extremely important.

"We must emphasize that issuing certificates to citizens in a way that leads to disputes and complications is unacceptable," Mr. Ngan stressed.

According to the Deputy Minister, more than anyone else, only officials who are directly involved with the people, directly in charge of land resources in the locality, and directly managing land changes throughout the history of land use, can truly understand this matter.

In this process, ensuring there are no disputes is essential to guarantee stable use. Stability means use for a specific purpose and for a specific period of time.

Regarding how to facilitate the process of obtaining land ownership certificates for citizens, Mr. Ngan believes that it largely depends on the organization of implementation and the people's awareness of complying with the law.

To effectively implement this policy, legal requirements must be met, meaning the land must be used stably, without disputes, and confirmed by the commune-level People's Committee.

In implementation, local authorities, the Fatherland Front, and even inspection and auditing agencies must consider whether the implementation will cause difficulties for the people.

"This cannot be specifically regulated in the law. But in the decree, we will include it in the procedures for issuing land ownership certificates in this case to minimize difficulties and inconvenience for the people," Mr. Ngan responded to the press.

In addition, the Deputy Minister also mentioned that people need to be aware of the importance of ensuring that applications for land ownership certificates are submitted legally, and to avoid social conflicts during the implementation of the policy.

"This is a very good policy, inheriting from previous Land Laws and based on current realities. We will strive to improve the sub-laws, and at the same time, with the responsibility of the central state management agency, we will coordinate with relevant agencies to monitor the implementation of the policy effectively," Mr. Ngan said.

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