Quang Nam focuses on reviewing and fundamentally resolving issues related to public land.

The Standing Committee of the Provincial Party Committee recently held a thematic conference to discuss the review of the 5% public land fund in the province. Photo: N.D.

Hot topic - 5% public land

From 2022 to the present, the province's public investment disbursement rate has been low compared to the national average. As of September 10, 2024, the province's public investment disbursement rate had only reached 38%.

Of these, only 5 localities have exceeded 50%, while the remaining 6 localities have not reached the provincial average. Regarding the reasons, according to the Provincial Party Standing Committee, the main cause is obstacles in compensation and land clearance work.

Issues such as determining land ownership, especially concerning 5% public land and residential land, are currently a hot topic. However, there are no specific regulations regarding compensation and support for these two types of land, and therefore, they have not received public consensus.

For example, in Tam Ky City, a review revealed that 5 localities (including Tam Thang, Tam Ngoc, An Phu, Hoa Huong, and Tam Thanh) reported having 5% public land with a total manageable and leaseable area of ​​50.17 hectares. The other 8 localities reported having no 5% public land.

According to the People's Committee of Tam Ky City, based on the results of this review, the review of public land data faced many difficulties due to incomplete documentation in the transfer from cooperatives to the commune-level People's Committees. Some localities did not manage public land records in accordance with regulations...

Mr. Nguyen Duy An, Chairman of the People's Committee of Tam Ky City, acknowledged that the updating and adjustment of changes in the area of ​​public land has not been carried out regularly, leading to inaccurate data on the 5% public land area management, making it difficult to prove the reasons for increases or decreases in area.

Assessing the current state of management and use of 5% public land in 13 out of 18 district-level localities (with a register of 5% public land fund management), the Party Committee of the Provincial People's Committee concluded that land laws have changed over many periods, but there are no detailed regulations to address specific issues regarding the historical management of public land in the localities.

According to the 2024 Land Law, land use right certificates for public land are not issued (Article 151), and no compensation is provided when the State reclaims public land (Article 101), but compensation is provided for remaining investment costs in the land in cases where there is a lease contract (Article 107).

Compensation for remaining land investment costs must be based on supporting documents and records; in cases where there are no supporting documents or records, the provincial People's Committee shall determine the remaining land investment costs based on the actual situation in the locality.

Based on the province's practical experience and relevant legal grounds, the Party Committee of the Provincial People's Committee proposes that the Standing Committee of the Provincial Party Committee agree on the principle of assigning the Provincial People's Committee to direct localities to review the 5% public land fund in the province.

This is an important task for local Party committees and authorities to definitively resolve existing problems and shortcomings in the management and use of the 5% public land fund in general, as well as to address obstacles in compensation and land clearance for projects in particular within each locality.

Based on the results of the review of the 5% public land fund, the district-level People's Committee shall adjust the cadastral records as a basis for recognizing land use rights to compensate and support current land users in accordance with the provisions of the 2024 Land Law and Decree No. 88/2024/ND-CP.

Vice Chairman of the Provincial People's Committee Tran Nam Hung stated that most cases without a 5% public land lease contract were using the land before the establishment of the 64/CP dossier (during the period 1994 - 1998).

In reality, since the establishment of the 5% public land allocation, the state has not managed or used it. The people have continuously managed and cultivated the land until now without disputes, so even without a contract for the 5% public land lease, they should be given priority in compensation and support.

According to reports from 13 localities in the province, the 5% public land fund comprises a total of 225,045 plots, covering an area of ​​11,763.3 hectares, accounting for 3.14% of the agricultural land area. Of this, 15,447 households with an area of ​​1,720 hectares have land lease contracts, while the remaining 10,043.3 hectares (accounting for 85.5% of the area according to the Public Land Fund Management Register) do not have land lease contracts.

Public land needs to be inventoried soon.

At the recent Q3/2024 symposium, the Party Committee of the Provincial People's Committee sought the opinion of the Provincial Party Standing Committee on the six-step process for reviewing the 5% public land fund. Explaining the review process from the perspective of the advisory body, Mr. Nguyen Truong Son, Deputy Director of the Department of Natural Resources and Environment, stated that the unit based its decision on the practical experiences of local areas and the results of a pilot review of the 5% public land fund in Tam Thanh commune.

Based on that, and in accordance with the 2024 Land Law and related regulations, such as Circular No. 10/2024 of the Ministry of Natural Resources and Environment, the review and adjustment of cadastral records will be conducted to remove 5% of public land from the public land fund that was previously established improperly, and to address the issue of public land exceeding 5%.

After exclusion, for cases where there is no public land lease contract but the household or individual used the land before July 1, 2004, and the commune People's Committee confirmed stable and undisputed land use, compensation and support will be provided as in cases eligible for land compensation according to regulations.

“The department recommends that the Provincial Party Committee and the Provincial People's Committee direct localities to focus on reviewing the 5% public land fund during the 2024 inventory period and complete it by the end of the period – June 2025. Only then can we fundamentally resolve the long-standing issues regarding the 5% public land fund in localities that have lasted for more than 30 years,” said Mr. Nguyen Truong Son.

The Standing Committee of the Provincial Party Committee unanimously agreed to assign the Party Committee of the Provincial People's Committee to lead the development and promulgation of the review process and set the completion deadline as the second quarter of 2025.

Provincial Party Secretary Luong Nguyen Minh Triet requested that agencies, localities, and units focus intensely on completing the review of the 5% public land fund according to the issued procedures and guidelines. Localities that complete the review will apply the plan proposed by the Party Committee of the Provincial People's Committee.

For cases where there is no public land lease contract but households and individuals have been using land before July 1, 2004, and the commune People's Committee confirms stable and undisputed land use, compensation and support will be provided as in cases eligible for land compensation according to regulations, to be implemented immediately, instead of waiting until June 2025, in order to accelerate the land clearance process for projects…

Source: https://baoquangnam.vn/quang-nam-tap-trung-ra-soat-giai-quyet-can-co-dat-cong-ich-3141384.html