Review land plots and structures originating from dissolved or merged cooperatives and public service units.

Mr. Nguyen Van Thi, Standing Vice Chairman of the People's Committee of Thanh Hoa province, recently signed Document No. 16098/UBND-KTTC, dated October 30, 2024, regarding strengthening the management and handling of houses and land in the province.

The Hoang Son commune office (Hoang Hoa district) is currently vacant after the merger. (Illustrative image).

Accordingly, in order to ensure that the management and handling of houses and land in the province comply with the law and the directives of competent authorities, the Chairman of the People's Committee of Thanh Hoa province requests that agencies, units, and localities promptly direct the serious and effective implementation of the tasks assigned by the Chairman of the People's Committee in relevant documents, focusing on a number of key assigned tasks.

Specifically, the Chairman of the Provincial People's Committee assigned the Departments of Finance, Natural Resources and Environment, and Construction, according to their assigned functions and tasks, to base their actions on current legal regulations on the reorganization and handling of houses and land, including the new provisions of the 2024 Land Law, Government Decree No. 108/2024/ND-CP dated August 23, 2024, Government Decree No. 114/2024/ND-CP dated September 15, 2024, and guiding documents of the Ministry of Finance . They are to proactively guide agencies, units, and localities in handling surplus houses and land after reorganization, ensuring compliance with regulations and required timelines; and to advise competent authorities on resolving proposals for handling surplus public assets of localities and units, ensuring timeliness and compliance with regulations.

The Department of Finance is assigned to preside over and coordinate with the Department of Justice and other relevant departments and units to urgently carry out the procedures and submit them to the Provincial People's Committee for consideration and decision to terminate the validity of Decision No. 28/2020/QD-UBND dated June 26, 2020 and Decision No. 03/2022/QD-UBND dated January 26, 2022 of the Provincial People's Committee regulating the sale of assets on land and transfer of land use rights under the management of Thanh Hoa province through auction, as directed by the Chairman of the Provincial People's Committee in Official Letter No. 13261/UBND-KTTC dated September 11, 2024. Proactively guide and resolve difficulties and obstacles faced by district-level People's Committees when implementing the process of selling assets on land and transferring land use rights through auction, ensuring compliance with the regulations in Government Decree No. 151/2017/ND-CP dated December 26, 2017, Government Decree No. 114/2024/ND-CP dated September 15, 2024, and other relevant legal documents.

The Chairman of the Provincial People's Committee assigned the Department of Natural Resources and Environment to take the lead, in coordination with the Department of Finance, the Provincial Tax Department, the People's Committees of districts, towns, and cities, and relevant units, to urgently inspect and review all land areas and facilities originating from dissolved cooperatives, public service units after mergers, and state-owned enterprises before privatization, but which the enterprises have not included in the report on the current status of land management and use of the enterprise up to the time of determining the enterprise's value, or have intentionally omitted them from the records and reports; the transfer of ownership, "underground privatization" of public land through the conversion from business cooperation contracts based on capital contribution ratios and profit/loss sharing, to the direct transfer of the land to private individuals through a "shortcut process," without public disclosure and without auction; to strictly handle violations within their authority, ensuring compliance with the law, preventing loss of state budget, or to advise and report to the Provincial People's Committee and the Chairman of the Provincial People's Committee on appropriate handling measures.

Conduct thorough inspections and reviews to promptly detect any instances of illegal "leasing" or "lending" of public land (if any); handle these cases within your authority or advise and report to higher authorities on appropriate measures to ensure compliance with the law. Review land areas that have been leased to enterprises after equitization, with annual land rent payments, and provide cadastral information to the tax authorities to adjust land lease rates, ensuring compliance with the law and preventing losses to the state budget.

Strengthen supervision and inspection of land use by enterprises after equitization, ensuring compliance with the approved land use plan in the enterprise's equitization plan; in cases where enterprises are found to be using land for purposes different from the approved plan, or have been permitted by competent authorities to change the land use purpose, proactively handle the matter within the scope of authority, ensuring compliance with the law, or promptly advise and propose to the Provincial People's Committee measures to handle the matter in accordance with the law; at the same time, strictly implement the provisions of land law on land recovery for cases of violations of land law.

The former Thiệu Tân commune office building has not yet been repurposed. (Illustrative image).

For district and commune-level People's Committees, the Chairman of the Thanh Hoa Provincial People's Committee also instructed the People's Committees of districts, towns, and cities to direct the People's Committees of communes, wards, and townships to strengthen the management of public assets, including houses and land under their management. This includes organizing the review, inspection, and measurement of the area of ​​public land, public land in the form of ponds, lakes, alluvial plains, and land that has been allocated or temporarily allocated to local organizations, cooperatives, businesses, households, and individuals for use or lease; Review the records of surplus land and housing after the reorganization of commune-level administrative units and the reorganization of villages, hamlets, and neighborhoods to update management information... Based on the results of the review and inspection, take measures to ensure compliance with the law on land, management, and use of public assets, and resolutely handle cases of encroachment on land, housing, lakes, ponds, and alluvial plains, or the misuse of land and housing for profit, or after the land lease has expired.

Inspect public assets that have been leased, operated, or used in joint ventures or partnerships. If the leasing, operation, joint venture, partnership, or loan of public assets is not in accordance with the law, the contract must be terminated or a written resolution issued, and the responsibility of the relevant organizations and individuals must be addressed. The procedures must be followed to submit the leasing, operation, joint venture, or partnership plan for the use of public assets to the competent authority for approval, in accordance with current laws.

Regarding surplus land and buildings after restructuring: While awaiting approval for disposal, the commune-level authorities must assign personnel to guard and protect the properties, and regularly carry out environmental sanitation work inside and outside the buildings, preventing them from deteriorating or becoming abandoned. After a decision is made on the disposal of surplus public assets, the assets must be promptly put into use, not left vacant or used for improper purposes. The Chairman of the Commune People's Committee is legally responsible for the management and protection of assets within their jurisdiction.

For surplus cultural centers, hamlets, and residential areas, as well as sports stadiums, following the reorganization, priority should be given to using them as infrastructure assets for cultural and sports facilities at the grassroots level (commune and village levels), and cultural villages (serving as community gathering points for residential areas, recreational areas, sports facilities, green spaces, etc.). This task must be implemented immediately and completed by November 2024.

In cases where surplus assets (formed from state budget funds and public contributions for construction, or entirely funded by public contributions) are disposed of through "selling assets on the land, transferring land use rights" (in areas with commercial or service advantages) or "reclaiming" for project implementation, the consent of the people in the village, hamlet, or residential area where the surplus cultural center is located must be obtained; the procedures for establishing public ownership must be followed as prescribed by law before disposing of the assets.

The People's Committees of districts, towns, and cities should expedite the adjustment and updating of land use plans and related plans to ensure that the handling of surplus houses and land is in accordance with the approved plans; during the process of handling surplus public assets (transfer, auction), they must review and report the full legal basis of the assets and complete the application dossiers for resolution in accordance with regulations.

The People's Committees of Thanh Hoa, Sam Son, Bim Son, and Nghi Son cities and towns shall review the land and buildings of agencies, units, and enterprises under the central ministries and agencies located in their respective areas; in cases where there is no need to use the entire land and buildings, or only a portion of the land area is needed, they shall compile a report and submit it to the Provincial People's Committee (sent to the Department of Finance) for reporting to the competent authority to decide on the handling of the land and buildings in accordance with the regulations and directives of the Prime Minister.

Viet Huong

Source: https://baothanhhoa.vn/ra-soat-cac-khu-dat-cong-trinh-co-nguon-goc-cua-htx-don-vi-su-nghiep-cong-lap-da-giai-the-sau-sap-nhap-229218.htm