What should a commune do if its administrative boundaries have not been determined?
What should be done if the scope of commune-level land management has not been determined because the administrative boundaries of commune-level administrative units have not been determined? This is a concern of Mr. Dang Ngoc Cuong (Vinh City, Nghe An).
Reply:Pursuant to Clause 5, Article 49, Land Law 2024 stipulates as follows:
...4. In case the scope of provincial-level land management has not been determined because the administrative boundaries have not been determined, the Ministry of Home Affairs shall preside over and coordinate with the Ministry of Natural Resources and Environment and relevant localities to prepare a dossier to submit to the Government.
5. In case the scope of land management at district and commune levels has not been determined because the administrative boundaries of district and commune levels have not been determined, the People's Committee at the higher level shall directly direct the relevant People's Committee at the lower level to coordinate in resolving the issue; during the period when there is no decision on determining the administrative boundaries of district and commune levels, the People's Committee at the higher level shall directly implement the contents of state management of land for the areas that have not been unified. In case the settlement plan cannot be agreed upon, the People's Committee at the provincial level shall prepare a dossier to submit to the Government.
6. The Government is responsible for guiding the resolution of cases of disagreement on administrative unit boundaries; organizing the resolution of cases of disagreement on administrative unit boundaries as prescribed in Clauses 4 and 5 of this Article.
7. The Ministry of Home Affairs regulates the establishment and management of administrative unit boundary records.
Thus, according to the above provisions, the scope of land management at the commune level has not been determined because the administrative boundaries of the commune-level administrative unit have not been determined, the People's Committee at the higher level will directly direct the relevant People's Committee at the lower level to coordinate in resolving the matter;
During the time when there is no decision on determining the administrative boundaries of commune-level units, the People's Committee at the next higher level shall directly carry out state management of land in the ununified areas.
In case of failure to reach an agreement on a solution, the Provincial People's Committee shall prepare a dossier to submit to the Government.