Nghe An: Explaining the progress of granting 'land certificates' to the Standing Committee of the Provincial People's Council

Comrade Nguyen Xuan Son - Standing Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council and Vice Chairmen of the Provincial People's Council: Cao Thi Hien - Member of the Provincial Party Committee Standing Committee; Hoang Viet Duong - Member of the Provincial Party Executive Committee chaired the explanation session. Photo: Mai Hoa

Attending the explanation session were members of the Provincial Party Committee: Ho Phuc Hop - Head of the Provincial Party Committee's Organization Committee, Head of the Provincial People's Council's Culture and Social Affairs Committee; Phan Duc Dong - Head of the Provincial Party Committee's Internal Affairs Committee, Head of the Provincial People's Council's Legal Committee; Le Hong Vinh - Chairman of the Provincial Party Committee's Inspection Committee, Head of the Provincial People's Council's Economic and Budget Committee; representatives of the Provincial People's Committee, provincial departments, branches and sectors.

The rate of granting and exchanging land use right certificates meets the requirements of the National Assembly and the Government.

According to the report of the Director of the Department of Natural Resources and Environment at the explanation session, in general, up to now, the rate of granting and exchanging Land Use Right Certificates (LURCs) of all types of land in the whole province has basically met the requirements set forth by the National Assembly and the Government.

Specifically, the rate of first-time issuance of land use right certificates to households and individuals for agricultural land reached 88.38% of the total area required for issuance; forestry land reached 77.4%; rural residential land reached 92.55% and urban residential land reached 94.82%.

The rate of granting and exchanging certificates of land use rights for agricultural production reached 44.58% compared to the total area that needed to be granted and exchanged; rural residential land reached 67.95% and urban residential land reached 79.77%.

Particularly for the granting of land use right certificates for organizations, the rate is high. Specifically, the granting of land use right certificates for agricultural production land reached 83.26%; forestry land reached 97.43%; aquaculture land,Salt production reached 85%; rural residential land (real estate projects) reached 85.5% and urban residential land (real estate projects) reached 99.68%...

Director of the Department of Natural Resources and Environment Vo Duy Viet affirmed that the rate of granting and exchanging land use right certificates in the province meets the requirements of the National Assembly and the Government. Photo: Mai Hoa

However, the Director of the Department of Natural Resources and Environment also acknowledged some shortcomings and concerns in this work. The biggest current problem is the low rate of granting first-time land use right certificates to households and individuals in some mountainous districts and granting land for exchange in some districts; granting forestry land, aquaculture land, farm land; granting and exchanging agricultural land use right certificates after land consolidation and plot exchange.

According to the 2013 Land Law, the authority to grant land use right certificates to households and individuals belongs to the People's Committees at the district level; therefore, the main responsibility for these problems lies with the People's Committees of districts, cities and towns.

The fishing village of Nam Tan commune (Nam Dan) has more than a dozen households, which have been granted land by the government and have stabilized their lives since 2010, but still live mainly by fishing on the Lam River. Photo courtesy.

The Department of Natural Resources and Environment has a part of the responsibility in the inspection, examination and urging of localities, which is not regular and does not have solutions to direct consulting units to coordinate with localities to conduct cadastral mapping in conjunction with the issuance and reissuance of land use right certificates after the measurement.

Suspend some consulting units that have not performed effectively.

Entering the questioning session, Deputy Head of the Economic - Budget Committee of the Provincial People's Council Dang Quang Hong said that through understanding the reality, one of the reasons for the slow progress in granting land use right certificates in some localities is due to the weak cadastral surveying consulting units, some units have arranged staff with limited capacity and experience, and poor coordination with local authorities.

In addition, according to regulations, the budget for cadastral surveying and land use right certificate issuance must ensure 10% of the total estimated budget for land use right issuance and land lease; however, through the supervision of the Provincial People's Council, this rate is only guaranteed at 2.51% and the province is currently in debt to the consulting units. This is also the reason affecting the progress.

The head of the Department of Natural Resources and Environment admitted that Mr. Dang Quang Hong's opinion was completely correct and that recently, the Department has suspended a number of consulting units that have not performed effectively and is currently continuing to review and screen them once more, while working with localities to clarify responsibilities. If it is the responsibility of the consulting unit, it will be suspended immediately. If it is the responsibility of poor coordination with localities, localities need to take measures to improve the responsibility of the team of cadres and civil servants of district and commune cadastral offices.

Vice Chairman of Cua Lo Town People's Committee Vo Van Hung requested the Department of Natural Resources and Environment to remove difficulties and obstacles in granting land use right certificates. Photo: Mai Hoa

Regarding ensuring financial resources for cadastral mapping, the Director of the Department of Natural Resources and Environment affirmed that the Department will continue to work with the Department of Finance to adjust and supplement resources for the industry and localities.

Regarding the current difficulties in granting land use right certificates in Vinh city and Cua Lo town, Deputy Head of the Legal Committee of the Provincial People's Council Thai Thi An Chung said that one of the reasons is that the Provincial People's Committee issued Official Dispatch No. 3496/UBND-CN, dated May 23, 2018, directing the prohibition of land transfer along Vinh - Cua Lo Boulevard. This regulation is contrary to the provisions of Article 188 of the 2013 Land Law. Although the Provincial People's Council has proposed to abolish it, the Provincial People's Committee has not yet responded.

Regarding this issue, the Director of the Department of Natural Resources and Environment said that the Department has coordinated with a number of relevant sectors and units to inspect, review and unanimously propose the Provincial People's Committee to amend to comply with the Constitution and the Land Law. However, up to now, the Provincial People's Committee has not yet issued a revised document.

Deputy Head of the Economic - Budget Committee Cao Tien Trung requested the Department of Natural Resources and Environment to clarify whether or not there is a situation where land use right certificates have been granted or changed but have not been delivered to land users? Explaining this issue, the head of the Department of Natural Resources and Environment admitted that this situation exists in some localities such as Yen Thanh, Nghia Dan, Hoang Mai town...

The main reason is due to the difference in area, difference in location and even the difficulty in collecting old land titles to pay for new ones because many households have mortgaged their old land titles to the bank.

To resolve this issue, the Department has recently issued a document directing and working directly with the districts, requesting localities to review and notify households in case of eligibility; in case of ineligibility, re-measure and count according to regulations.

The Director of the Department of Natural Resources and Environment also explained many opinions related to the complicated procedures for granting land use right certificates in some localities, causing difficulties for land users; the qualifications, capacity and public ethics of a part of the team of cadres and civil servants at district and grassroots levels are weak; the issue of removing obstacles in granting land beyond authority...

Comrade Nguyen Xuan Son - Standing Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council concluded at the conference. Photo: Mai Hoa

Identify specific responsibilities of each locality

Concluding the explanation session, Comrade Nguyen Xuan Son - Standing Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Council affirmed that there are many difficult and complicated issues related to the issuance of land use right certificates, leading to many petitions and complaints at all levels today.

Analyzing both objective and subjective causes, the Chairman of the Provincial People's Council requested the Provincial People's Committee, the Department of Natural Resources and Environment and localities to focus on overcoming subjective causes; focus on propaganda work so that organizations, individuals and households understand their responsibilities in the process of granting and exchanging land use right certificates.

Comrade Nguyen Xuan Son requested that the Party committees and authorities at district and grassroots levels need to identify the task of granting land use right certificates as one of the key tasks in leadership and direction and include it in the monthly and quarterly work programs to develop specific plans and roadmaps.

The Department of Natural Resources and Environment needs to advise the Provincial People's Committee to assign targets and determine specific responsibilities for localities; focus on removing difficulties, obstacles, and weaknesses that are arising and continue to reform administrative procedures in this issue.

Although granting land use right certificates to individuals and households is under the authority and responsibility of the district level, the Department of Natural Resources and Environment also needs to strengthen its direction, inspection, supervision, guidance, and problem solving as well as training and improving the professional skills of cadastral officers and civil servants. The Provincial People's Committee needs to review the directive documents and promptly make adjustments to ensure they are appropriate and in accordance with the law.

The Chairman of the Provincial People's Council also assigned Comrade Hoang Viet Duong - Vice Chairman of the Provincial People's Council and the Economic - Budget Committee of the Provincial People's Council to work with the Department of Finance to resolve the issue of funding sources for cadastral surveying work for localities.