Speed ​​up the process of issuing and exchanging "red books" in suburban areas

Slow progress

Four blocks Chau Hung, Yen Cu, block 1, block 2 of Hung Thinh commune (Hung Nguyen) were merged into Vinh city according to Decree No. 45/2008/ND-CP dated April 17, 2008 of the Prime Minister. However, due to financial difficulties, the surveying and approval of cadastral maps were not completed until the end of 2016. The total number of households needing to renew their Land Use Right Certificates for all four blocks is 1,256 records, however, the number of Land Use Right Certificates that have been issued is only 315 records.

Party cell secretary and block leader Chau Hung (Vinh Tan Ward) discussed the situation of granting and exchanging land use right certificates in the block. Photo: Gia Huy

In Chau Hung block, 300/350 records have been declared so far. In addition to the declaration and submission according to the commune's plan, 45 households have gone through the procedures themselves and submitted their records directly. According to Mr. Tran Anh Duc - Head of Chau Hung block, there are still 27 households along the block's cultural house because in the past, the measurement was done manually, so the actual land area used and the area in the cover were different. In addition, there are 5 households in Bau Hoi Lac area related to the sale and allocation of land not following the procedures in the past. Now there is a policy to create conditions for people to make covers, but many people have not been able to do so.

“The delay in issuing and exchanging land use right certificates directly affects the rights of the people. For example, it is very difficult to borrow capital from banks for business because they are citizens of the city but the land title belongs to Hung Nguyen district, so they cannot borrow. In addition, there are difficulties in separating households, separating titles, and transferring. Some households have completed the relevant fees and completed the documents for nearly a year but still do not have the title,” said Mr. Duc.

That is also the common situation of some households in 5 communes of Hung Chinh (formerly belonging to the district including Hung Nguyen), Nghi Lien, Nghi Kim, Nghi An, Nghi Duc (formerly belonging to Nghi Loc district) after merging into the city, still waiting for the issuance of land use right certificates.

Up to now, the total number of records of the merged units declared is 16,025 records, of which 10,375 residential land certificates and 3,953 agricultural land certificates have been granted, reaching 65.1% of the number of declared records. The number of records at the commune level: 5,535 (residential land: 4,002, agricultural land: 1,533), the records at the Land Use Rights Registration Office, Department of Natural Resources and Environment, Tax Department are 183 sets.

Many problems

According to Mr. Nguyen Hoang Minh - Party Secretary, Chairman of Vinh Tan Ward People's Council, there are many reasons leading to the slow progress in granting and exchanging land use right certificates in the merged blocks, but the most difficult is still determining the land origin of households. In the 2016 survey map, the area of ​​households increased too much compared to the CT99 map and land use right certificates previously issued by Hung Nguyen District People's Committee, while the land records handed over were incomplete. On the other hand, some cases of certificates issued by Hung Nguyen District People's Committee previously had incorrect content, user information, last name, middle name, wrong plot information, and sheets with corrections and erasures, so the processing of records encountered many difficulties.

Many households along the Chau Hung cultural house (Vinh Tan Ward) have not been granted new land use rights certificates. Photo: Gia Huy

Some households and individuals were previously sold wasteland and ponds by the People's Committee of Hung Thinh Commune (Hung Nguyen) and the Executive Committee of hamlets (many households have built houses) but only had handwritten documents. Some households (mainly in Yen Cu block) were granted land use right certificates by the People's Committee of Hung Nguyen district since 1996, but they were granted together with agricultural land plots that the households reclaimed and used for many generations. When children start a family, parents give them a piece of land (agricultural land or pond land) to build houses, separate households, so currently the issuance of certificates is difficult. In addition, there is the situation of encroachment, construction...

Mr. Dinh Nho Tai - Chairman of Nghi Duc Commune People's Committee said: "In addition to the difficulty due to the difference between the actual area in use and the area in the land use right certificate issued in 1996. There are also cases where households adjust the boundaries themselves, leading to changes in the size and shape of the land plots. The boundary shape of some land plots on the 1996 map is not consistent with the current shape in use and the 2009 map".

In addition, the detailed planning of Nghi Duc commune at a scale of 1/2000 has been approved by the departments and branches of the City People's Committee, but has not been approved by the Provincial People's Committee. Therefore, many land plots of households are still affected by the detailed planning of Nghi Duc commune in 2010, leading to restrictions on people's rights such as plot separation, change of purpose, bank loans...

On the other hand, recently, Nghi Duc has been focusing on land acquisition and clearance to implement a number of key projects of the province and city, affecting the progress of granting and changing land use right certificates in the area. Currently, in Nghi Duc commune, the total number of residential land records that have been granted land use right certificates is 1,060/1,740 declared records, reaching 60%; agricultural land has been granted 1,320 certificates/1,397 records, reaching 94.5%, with 77 records remaining (of which 48 records were assigned according to Decree 64/CP, but in 2003, re-issued residential land certificates without granting agricultural land in the certificates, and 29 records in hamlets because citizens have not yet supplemented inheritance division documents).

Officials of Nghi Duc commune (Vinh city) guide citizens in filling out land use rights certificate documents. Photo: Gia Huy

In the explanatory report at the 8th session, the City People's Council, term XXI, 2016 - 2018, in addition to clearly stating the objective reasons due to frequent changes in land law policies, some overlapping contents, some regulations that are not inherited, not suitable for practice. The State management of land has been lax for a long time, leading to incomplete archiving of cadastral records over the periods, previous maps measured many types of land; the land exchange was associated with the re-recognition of residential land limits before 1980, so it took a long time to verify the origin of the land. Some citizens have not coordinated in time to complete the records, especially issues related to documents on division of inherited assets; documents proving the time of land use; agreements on the proportion of residential land due to separation from the original land plot before December 19, 1980...

Mr. Le Sy Chien - Vice Chairman of Vinh City People's Committee also frankly pointed out: Some communes have not identified the task of granting and exchanging land use right certificates as the political task of the commune, not focusing on checking, guiding, and confirming records, the quality of confirmed records is low and must be returned for additional information many times. There are communes with many backlog records but have not focused on processing them. The capacity and professional qualifications of some officials in charge of receiving and processing records for granting certificates are still limited, so there is confusion in the processing process. The initiative, awareness, responsibility, public ethics, spirit, and attitude of serving the people of some officials in charge of land management are not high.

Strengthening administrative reform

To speed up the process of granting and exchanging land use right certificates, especially in areas merged into Vinh city, in addition to raising awareness and responsibility of officials at all levels in handling records, the City People's Committee needs to focus on directing and promoting administrative procedure reform in the land sector towards simplifying procedures, reducing paperwork, and reducing the number of trips for people.

Promote the application of IT to serve the management and exploitation of land data, connect the software for receiving and managing land records between the city and wards and communes; between the receiving and returning results department in the city and related departments and units. In addition, periodically Vinh City People's Committee organizes meetings to listen to the progress of granting certificates and discuss solutions to problems in the implementation process, strengthen inspection and supervision; provide professional guidance and direction to the Land Use Rights Registration Office and People's Committees of wards and communes merged into Vinh City in performing tasks related to granting and changing land use rights certificates.

The progress of granting land use right certificates in newly merged communes into Vinh city is still very slow. Photo: illustration

In addition, many opinions say that the work of granting and exchanging land use right certificates is closely related to the verification of land origin, which is complicated, but the capacity of ward and commune land officers is limited, and they are in charge of many areas and are often transferred between localities, which affects the progress of completing the granting and exchanging dossiers.

Therefore, in addition to continuing to assign officers of the Land Use Registration Office to directly go to wards and communes to guide and urge the reception of dossiers, the City People's Committee needs to second specialized officers of the city to wards and communes with a large number of dossiers, many problems or key areas of compensation and site clearance to support the State management of land, remove difficulties, and speed up the progress of granting and exchanging land use right certificates.