National Assembly delegates from Nghe An province proposed that the amendment to the Land Law should include provisions for handling land plots granted without proper authority.
(Baonghean.vn) - On November 3, the 6th Session of the 15th National Assembly discussed in the hall a number of contents with different opinions of the Draft Law on Land (amended). Comrade Vuong Dinh Hue - Politburo member, Chairman of the National Assembly chaired.
Through studying the Draft Law on Land Amendments after many revisions, Mr. Tran Nhat Minh - full-time National Assembly delegate of Nghe An Delegation expressed his concern when the draft law submitted to the 6th Session, 15th National Assembly no longer stipulates the granting of Land Use Right Certificates for residential land allocated without proper authority before July 1, 2004 but without housing construction and also does not have regulations on recovery and handling of this type of land.
Meanwhile, the draft Land Law (amended) submitted to the Conference of full-time National Assembly deputies (April 2023 session) and the draft law soliciting opinions from National Assembly delegations before the 6th Session and the draft law submitted by the Government with the report provided at this session all mention this content.
According to the delegate of Nghe An Delegation, expanding the subjects of granting Land Use Right Certificates to households and individuals who are allocated land without proper authority for residential purposes, but for some reason have not built houses, are still granted Land Use Right Certificates, which is appropriate, ensuring fairness for all subjects; especially for those who do not have a house and have been granted a Certificate according to Decree 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of articles of Decree No. 42/2014/ND-CP.
"Therefore, I propose to study and continue to maintain the above regulation to facilitate people in granting Land Use Right Certificates as well as State management of land", Mr. Tran Nhat Minh expressed his opinion, and at the same time suggested: "In case of non-acceptance, I request the agency in charge of reviewing and drafting to clearly state the reason why this regulation is removed".
Regarding land managed and used by agricultural and forestry companies as stipulated in the Draft Amended Land Law, Mr. Tran Nhat Minh said: Resolution No. 18 of the Party Central Committee sets out a number of specific goals by 2025, including the goal of fundamentally resolving existing problems and difficulties related to the management and use of land originating from state-owned agricultural and forestry farms.
Therefore, according to the delegate, the draft law stipulates: "The provincial People's Committee is responsible for organizing the review of the current land use status of agricultural and forestry companies under management" has 2 inappropriate points.
First of all, Resolution No. 18 has not been fully institutionalized because the deadline by 2025 to complete the review of land originating from state-owned agricultural and forestry farms has not been clearly defined.
At the same time, according to the delegate's point of view, this provision is only applied for a certain period of time (from the time the Law comes into effect until the review is completed), and is not regularly applicable, so placing this provision in the "Land use regime" section is inappropriate.
“Therefore, to ensure the long-term applicability of the legal document, it is recommended that the drafting agency study and specify more clearly the time limit for conducting the review and should structure this in Chapter 26: Transitional provisions, implementation provisions,” said the delegate of the Nghe An delegation.
Mr. Tran Nhat Minh also said that the Draft Amended Land Law assigning the Government to regulate transitional cases is inappropriate.
Because in legal science, transitional regulations are regulations on cases where old laws must be applied or legal relationships established before the new law comes into effect, then when to apply the old law and when to apply the new law.
Thus, transitional provisions are very important, related to the application of law and have always been directly stipulated in documents containing transitional regulations.
Based on that analysis, he suggested that the drafting and reviewing agencies carefully review and identify cases that need to be transferred to be regulated immediately in this draft law.
Delegate Doan Nghe An also highly agreed with the opinions of some National Assembly deputies who had previously spoken, suggesting that the National Assembly consider passing the draft Land Law (amended) at this session to have time to review and handle difficulties and shortcomings and choose the options proposed by the National Assembly Standing Committee in the most careful manner, because this is a law project that has a great impact on all areas of the economy and society.
