Taking decisive action to resolve outstanding issues in issuing land use right certificates in Nghe An.
After years of delays, more than 17,000 eligible cases in Nghe An province have been granted land use right certificates thanks to the effective implementation of the Provincial People's Committee's Plan 815. However, many obstacles still need to be addressed to ensure the rights of the people are well protected.
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17,181 cases of land use right certificates were processed.
The backlog in issuing land use right certificates in Nghi Hung commune (Nghi Loc district) became the hottest issue at the June 2022 voter consultation meeting. Dozens of cases involved land allocation by the local government, but the process has dragged on for decades without legal ownership being granted, affecting the rights of the people. Mr. Nguyen Dinh Hoang, Secretary of the Party Committee and Chairman of the People's Council of Nghi Hung commune, also stated: "The unauthorized land allocation is the government's fault, not the people's; therefore, we request that the competent authorities resolve this issue and ensure the rights of the people."
To address this situation, the Nghi Loc District People's Committee closely followed Plan No. 815 of the Provincial People's Committee to review and classify problematic cases. Of the 36 cases in Nghi Hung commune, many issues arose from a lack of documentation proving the land allocation by the government, or from overlapping land ownership between households or overlapping roads. Simultaneously, the district established an inter-agency inspection team to verify the legality of the land allocation by the government, and to remeasure the current land use status in order to classify and apply the correct regulations.
By the end of 2024, Nghi Huong commune had resolved 100% of the outstanding land use right certificate cases.
Ms. Truong Thi Thanh Huyen, Head of the Agriculture and Environment Department of Nghi Loc District, stated: According to principle, land certificates are issued based on the measurements taken on the cadastral map; however, in reality, when the government allocates land, some households have donated land for road construction, some have exchanged land, and some have received overlapping land allocations with existing structures built on those plots. To resolve these cases, the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) issued Official Letter No. 4988, dated August 19, 2022, to address overlapping land use. This provides a solution for the district to guide and direct communes to revise the land use map according to the current land use status for cases of land donation for road construction and to carry out procedures for land consolidation and subdivision in cases of land exchange, while also requiring commitments to dismantle overlapping structures to process land certificate applications for the people.
During the process of resolving outstanding land use right certificate issues, the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) always worked closely with and supported the localities in addressing difficulties and obstacles, creating solutions for them.
Ms. Truong Thi Thanh Huyen - Head of the Agriculture and Environment Department of Nghi Loc District.
As a result, 36 cases in Nghi Hung commune have completed the issuance of land use right certificates in 2024. Mr. Hoang Van Nam, one of the residents who received the certificate, shared: “I am very happy that after 25 years of waiting, my family has been granted a land use right certificate. Thank you to the authorities for listening and promptly resolving the difficulties, helping to protect the legitimate rights of the people.”
Not only in Nghi Hung commune, the implementation of Plan 815 has helped Nghi Loc district issue land use right certificates to 1,115 out of 2,446 cases throughout the district. These efforts not only resolve the backlog of land issues but also protect the legitimate rights of the people, strengthen confidence in the government and administrative reform.
Implementing the Provincial People's Committee's Plan 815, the Thanh Chuong District People's Committee concretized it into Plan No. 10, establishing a district-level steering committee; in which responsibility is assigned to each individual, specialized agency at the district level, and local authorities in issuing land use right certificates to the people. Quarterly, the district organizes meetings of the natural resources and environment sector to urge and resolve difficulties and obstacles in issuing certificates; and establishes working groups to work with localities to disseminate information, mobilize support, explain, and guide people in completing the conditions and documents for issuing land use right certificates.
To date, Thanh Chuong district has issued land use right certificates to 366 out of 1,315 cases that were reviewed. In particular, Thanh Chuong district has decisively directed and sought guidance from the Department of Natural Resources and Environment (before the merger) to resolve obstacles and issue land use right certificates to 24 out of 73 cases where land was allocated by Phosphate Company 32 in Thanh My commune. Currently, 12 more cases that meet the criteria for land use right certificate issuance are being submitted to the province for appraisal.
Thanh Chuong district has focused on resolving and issuing land use right certificates to 366 out of 1,315 outstanding cases that were reviewed, achieving nearly 28%.
The issuance of land use right certificates and house ownership certificates to households and individuals is an issue that voters have raised and proposed at many voter outreach forums held by elected representatives. In response to this issue, and in its responsibility as the representative body of the people's will, aspirations, and right to self-governance, in October 2021, the Standing Committee of the Nghe An Provincial People's Council held a hearing and issued a Notice on the results of the hearing regarding the issuance of land use right certificates, house ownership certificates, and other assets attached to land in the province. Accordingly, the Provincial People's Committee issued Plan No. 815, dated December 30, 2021, on resolving outstanding issues in the issuance of land use right certificates, house ownership certificates, and other assets attached to land for households and individuals.
Regarding the responsibilities of the Department of Agriculture and Environment, Comrade Hoang Quoc Viet - Member of the Provincial Party Committee, Director of the Department, emphasized: "This is a key and ongoing task of the sector with the motto: The Department accompanies the district level; the district level accompanies the commune level; 'wherever there is an obstacle, there it is resolved.' In addition to promoting the proactiveness of localities in reporting obstacles and difficulties so that the sector can provide timely guidance and direction in writing or advise the Provincial People's Committee on handling (for issues beyond its authority, it seeks the opinion of the Ministry); the Department has also established working groups to directly survey and work with localities with many outstanding issues and obstacles to resolve them. The sector is also promoting administrative reform, strengthening public service inspections, and resolutely handling serious violations of public service ethics and causing inconvenience to the people when handling work."
According to the review and compilation results from localities, the entire province has 53,796 outstanding cases that have not yet been granted initial land use right certificates; of which 38,044 cases meet the conditions and 15,752 cases do not meet the conditions for granting land use right certificates to the people.
Out of a total of 38,044 eligible cases for land use right certificates, in nearly four years (from October 2021 to the present), the province has issued land use right certificates to 17,181 cases.
Specifically, 10,948 cases were granted without documentation; 1,680 cases had documentation; 4,333 cases involved land allocation outside of authorized jurisdiction; and 220 cases involved land exchange for cultural centers and collective housing.
The results achieved so far speak volumes about the efforts of the entire political system, from the provincial to the grassroots level, in issuing land use right certificates to the people. The difficulty in issuing land use right certificates stems from long-standing cases left over from previous periods when land management was lax, lacking legal basis and foundation, while current laws have strict provisions. Furthermore, many issues arise in practice that are not yet addressed by law. Disputes, overlaps, and even the fact that some people have not yet fulfilled the conditions for obtaining land use rights are also challenging factors in the process of issuing land use right certificates to the people.
Continue to resolve the obstacles.
Despite efforts, the number of land use right certificates issued has only reached over 45%, equivalent to 17,181 out of 38,044 eligible cases; the remaining 20,863 out of 38,044 eligible cases, accounting for nearly 55%, have yet to be issued.
Through our research in many localities, we have found that there are many objective reasons related to determining the fulfillment of financial obligations by people at the time of land allocation, especially in cases of land allocation without proper authority.
In some cases, local authorities have determined that land use fees must be paid, but the people involved disagree or lack the funds to pay the state budget; in other cases, there is no need for land use rights, or the individuals are absent from the locality, thus failing to declare, register, and prepare documents for the issuance of land use right certificates; there are also issues related to property division and inheritance...
Subjective reasons include the lack of determination and decisiveness in some localities to resolve obstacles, and a reluctance to take responsibility in determining financial obligations for cases of land allocation without proper authority.
The issuance of land use right certificates to citizens must be based on the principle of meeting all conditions, and the Provincial People's Council will continue to urge the Department of Agriculture and Environment to focus on resolving obstacles and difficulties.
Comrade Nguyen Nam Dinh - Member of the Standing Committee of the Provincial Party Committee, Permanent Vice Chairman of the Provincial People's Council
Besides the difficulties mentioned above, the implementation of the 2024 Land Law continues to present new obstacles. For example, regarding cases of land allocation originating from illegal activities, before July 1, 2004, the 2013 Land Law and provincial guiding documents did not require the presence of a house to be granted a land use right certificate if the land allocation was based on illegal documents or an inspection conclusion. However, according to the 2024 Land Law, if there is no house on the land, it is not eligible for a land use right certificate.
Regarding the resolution of difficulties and obstacles in the issuance of land use right certificates raised by voters in Thanh Chuong district at the voter consultation meeting at the end of May 2025, Mr. Nguyen Nam Dinh - Member of the Standing Committee of the Provincial Party Committee, Permanent Vice Chairman of the Provincial People's Council - clearly stated that the issue must be considered based on the necessary conditions; when the conditions are met, the local government must closely monitor relevant agencies to expedite the resolution process. The Provincial People's Council will be responsible for coordinating with the Department of Agriculture and Environment to address these difficulties and obstacles, ensuring the legitimate rights of the people.
