Do not create legal gaps that affect land users.

Illustration photo: Huy Hung/VNA

Pursuant to Resolution No. 60-NQ/TW of the 11th Conference of the 13th Party Central Committee, Decision No. 759/QD-TTg dated April 14, 2025 of the Prime Minister on the Project on rearranging and reorganizing administrative units at all levels and building a 2-level local government organization model, accordingly, the number of provincial-level administrative units after rearrangement will be 34 provincial-level administrative units, including 28 provinces and 6 centrally-run cities (referred to as the Project).

According to Minister Do Duc Duy, regarding state management of land, the 2024 Land Law will take effect from August 1, 2024; in which the Law and the Decrees detailing the implementation of the Law have many contents assigning the People's Councils and People's Committees at the provincial level to issue detailed regulations and implementation instructions to apply appropriately to specific conditions in each locality.

In the past, localities have focused all resources to develop and issue documents according to the requirements. However, after merging provinces and cities according to the Project, there will be a situation where there is inconsistency in some specific regulations within the scope of the province or city after the merger.

For example, the time to handle administrative procedures, compensation levels for livestock and crops, support levels for stabilizing life and production, minimum resettlement quota, unit price for compensation for damages when the State reclaims land; land allocation limits, recognition of land use rights; conditions and minimum area for land division and land consolidation for each type of land; criteria for deciding to conduct bidding to select investors to implement investment projects using land, policies for resolving residential land and production land for ethnic minorities; collection of financial obligations on land... This will lead to a situation of inequality between communes, wards, and land users, thereby causing difficulties for land management at the local level.

To proactively overcome the above shortcomings, the Ministry of Agriculture and Environment requests the Steering Committee to develop a Project to arrange and merge provincial-level administrative units, People's Councils and People's Committees of provinces and cities to urgently direct specialized agencies to proactively review assigned contents detailing the implementation of the Land Law and Decrees detailing the implementation of the Law under the authority of People's Councils and People's Committees at the provincial level to amend and supplement in the direction of uniformly regulating the application of a number of land policies or regulating the application of specific policies in localities after the merger.

At the same time, there are transitional regulations to implement land policies at the provincial level when the merged provincial administrative unit comes into operation. The goal is to ensure no interruptions, no legal gaps, and no impact on the legitimate rights and interests of land users. During the implementation process, if there are any difficulties or problems, please promptly report them to the Ministry of Agriculture and Environment for specific instructions - Minister Do Duc Duy emphasized.

According to statistics from the Ministry of Agriculture and Environment, the Provincial People's Committees are assigned to detail the implementation of the Land Law and the Decrees detailing the implementation of the Land Law specifically as follows: 20 contents assigned to detail the implementation of the Land Law; 4 contents on Decree No. 71/2024/ND-CP regulating land prices; 11 contents on Decree No. 88/2024/ND-CP regulating compensation, support, and resettlement when the State reclaims land.

Along with that is 1 content of Decree No. 101/2024/ND-CP regulating basic land survey; registration, granting of Certificates of land use rights, ownership of assets attached to land and Land Information System; 10 contents of Decree No. 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law; 4 contents of Decree No. 103/ND-CP regulating the collection of land use fees and land rents.

In addition, the Provincial People's Committee is also assigned to detail the implementation of Decree No. 104/2024/ND-CP regulating the Land Development Fund with 3 contents; 2 contents of Decree No. 112/2024/ND-CP detailing rice-growing land; 1 content in Decree No. 123/2024/ND-CP regulating administrative violations in the land sector.

Source: https://baothainguyen.vn/xa-hoi/cai-cach-hanh-chinh/202505/khong-tao-khoang-trong-phap-ly-anh-huong-den-nguoi-su-dung-dat-2140873/