Identifying shortcomings

In a place like Hoi An City, land transactions are always volatile and dynamic. Even a short pause in land transactions can have a significant impact. (Illustrative image: QT)

Key issues

At the recent seminar "Land Law 2024 and Practical Issues in Hoi An City," delegates raised several prominent issues that have caused difficulties for local residents in exercising their legitimate rights related to land.

For example, the deadline for registering changes in land use rights; the status of land recognition for residential purposes; the surveying, issuance of land plot extracts and measurements; and the updating of mortgage registrations…

Lawyer Le Thi Thanh Van from Le Van Notary Office stated that, due to various objective and subjective reasons, the process of surveying and extracting land use right certificates cannot be completed within the allotted time. The process can be excessively lengthy, and in some cases, the land use right certificate cannot even be surveyed or extracted, making it impossible to proceed with the renewal or exercise the rights of the owner and user.

A seminar on the 2024 Land Law and its practical issues recently took place in Hoi An City. Photo: QT

For example, regarding the registration of residential land under Prime Minister 's Directive No. 299 of 1980, there are currently many cases where land is not recognized as residential land even though people have been using it stably before 1980 and it is recorded in the land register.

Because the land register is not considered a cadastral register or land registration book, it lacks legal basis, causing much frustration and numerous complaints to state agencies…

In addition, the issuance of land use right certificates by the People's Committee of Hoi An City for cases of land use change is being delayed because the provincial-level agency has not yet issued the certificate forms.

Mr. Nguyen Minh Ly, Vice Chairman of the People's Committee of Hoi An City, said that due to historical factors related to land ownership, the measurement methods used in the past were different from the current coordinate system, so the area, boundaries, and other factors of the land plot will inevitably change.

The People's Committee of Hoi An City has requested the province to consider land registers and maps compiled after December 18, 1980, as valid documents regarding land use rights in the draft regulations on compensation, support, and resettlement when the State reclaims land in Quang Nam province.

If considered valid, this would address two objectives: rectifying previous cases where land use right certificates were issued with incorrect information, and ensuring that those who have not yet received certificates are eligible for issuance.

Concerns about the K coefficient

Document No. 6612 of the Provincial People's Committee stipulates the temporary suspension of processing applications related to land-related financial obligations for cases in locations with a land price adjustment coefficient (K coefficient) greater than 1, from August 1, 2024 to December 31, 2024 (or until further notice from the Provincial People's Committee). This issue is causing concern among relevant parties, especially in urban areas.

The Provincial People's Committee has just issued a regulation temporarily suspending the processing of applications related to land-related financial obligations for cases in locations with a land price adjustment coefficient (K coefficient) greater than 1. (Illustration photo: QT)

Mr. Nguyen Minh Ly stated that in an area like Hoi An City, land transactions are always volatile and dynamic. Even a short pause in land transactions can have a significant impact.

Recently, there have been cases where land transfers from one person to another were not approved and had to be halted in accordance with the province's general policy until the new land price list is adjusted.

Mr. Nguyen Van Hai, Head of the Hoi An Notary Office and Vice President of the Quang Nam Provincial Notary Association, stated that although the document was issued, notary offices were unaware of it. This resulted in some notarized files being submitted to the competent authorities for registration and transfer of ownership being halted, with tax calculations being stopped and files returned, seriously affecting the rights of citizens.

Mr. Hai added that in key areas like Hoi An City or Tam Ky City, more than 50% of the roads have had their coefficients adjusted to be greater than 1.

Meanwhile, these routes have high liquidity, leading to a decrease in the number of real estate transactions, which not only affects civil transactions but also impacts state budget revenue.

According to lawyer Le Thi Thanh Van, with previously signed deposit contracts for the purchase and sale of real estate, if the transfer and ownership cannot be notarized within the suspension period, there is a risk of disputes and lawsuits arising among the people, complicating civil relations.

Therefore, the competent authorities need to promptly issue a land price list that reflects reality to serve as a basis for conducting civil transactions smoothly and ensuring the legitimate rights and interests of the people.

Source: https://baoquangnam.vn/quan-ly-dat-dai-tai-hoi-an-nhan-dien-nhung-bat-cap-3142189.html