Resolutely resolve the backlog in granting land use right certificates in Nghe An

Solving the issuance of land use right certificates for 17,181 cases

The backlog in granting land use right certificates in Nghi Hung commune (Nghi Loc district) has become the "hottest" issue at the June 2022 voter meeting. Dozens of cases were granted land by local authorities but for decades did not grant legal ownership, affecting the rights of the people. Mr. Nguyen Dinh Hoang - Party Secretary, Chairman of Nghi Hung Commune People's Council also said: "The granting of land beyond the authority is the fault of the government, not the people; therefore, it is requested that competent authorities resolve the issue and ensure the rights of the people".

To resolve this situation, the People's Committee of Nghi Loc district has closely followed Plan No. 815 of the Provincial People's Committee to review and classify the problems. In a total of 36 cases in Nghi Hung commune, many problems arose from the lack of documents proving that the government had allocated land, or because the land was overlapping between households and traffic routes. At the same time, the district established an interdisciplinary inspection team to verify the legality of the land allocation from the government, and re-measure the current land use status to classify and apply the prescribed provisions correctly.

Ms. Truong Thi Thanh Huyen - Head of the Department of Agriculture and Environment of Nghi Loc district said: According to the principle, the cadastral map is measured as such, the certificate is issued as such; however, in reality, when the government allocated land, some households donated land to build roads, some exchanged land, some households allocated overlapping land and the current status has built some auxiliary works on it. To resolve these cases, the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) issued Official Dispatch No. 4988, dated August 19, 2022 to handle overlapping cases. This is the "way out" for the district to guide and direct the commune to adjust the map according to the current status of land use for cases of donating land to open roads and carry out procedures for land exchange, and at the same time make a commitment to dismantle overlapping land works to prepare documents for people.

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During the process of granting backlogged land use right certificates, the Department of Natural Resources and Environment (now the Department of Agriculture and Environment) always accompanies and "stands side by side" to handle difficulties and problems, creating a "way out" for the locality.

Ms. Truong Thi Thanh Huyen - Head of Agriculture and Environment Department of Nghi Loc district.

As a result, 36 cases in Nghi Hung commune completed the issuance of Land Use Right Certificates in 2024. Mr. Hoang Van Nam, one of the people who received the certificates, shared: "I am very happy because after 25 years of waiting, my family has been granted a Land Use Right Certificate. Thank you to the government for listening and promptly resolving problems, 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 to issue land use right certificates to 1,115/2,446 cases across the district. These efforts not only solve the problem of land backlog but also protect the legitimate rights of the people, strengthen trust in the government and administrative reform.

Implementing Plan 815 of the Provincial People's Committee, Thanh Chuong District People's Committee has concretized it into Plan No. 10, established a district-level steering committee; in which the responsibilities of each individual, district-level professional agency and facility in granting land use right certificates to people are assigned. Every quarter, the district organizes a meeting with the natural resources and environment sector to urge and remove difficulties and obstacles in granting certificates; establish working groups to work with localities to propagate, mobilize, explain and guide people to complete the conditions and documents to grant land use right certificates.

Up to this point, Thanh Chuong district has granted land use right certificates to 366/1,315 reviewed cases. In particular, Thanh Chuong district has resolutely directed and asked for guidance and instructions from the Department of Natural Resources and Environment (before the merger) to remove obstacles to grant land use right certificates to 24/73 cases assigned land by Phot Phat 32 Company, Thanh My commune. Currently, the province is continuing to review 12 cases that are eligible for granting land use right certificates.

Issuing land use right certificates and house ownership rights to households and individuals is an issue that voters have reflected and proposed at many forums for voters to meet with elected representatives. In response to this issue, with the responsibility of representing the will, aspirations and mastery of the people; in October 2021, the Standing Committee of Nghe An Provincial People's Council organized a session to explain and issue a Notice of the results of the explanation session on the situation of granting land use right certificates, house ownership rights 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 the backlog in granting land use right certificates, house ownership rights and other assets attached to land to households and individuals.

Regarding the responsibility 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 regular task of the sector with the motto: The Department accompanies the district level; the district level accompanies the commune level; "where there is a problem, there is a solution". In addition to promoting the positivity and proactiveness of localities in reporting problems and difficulties so that the sector can promptly guide and direct in writing or advise the Provincial People's Committee to handle (for content beyond the authority, please consult the Ministry); the Department has also established working groups to directly survey and work with localities with many backlogs and problems to resolve. The sector also promotes administrative reform, strengthens inspection of public service and resolutely strictly handles cadres, civil servants and employees in the Land Registration Office system who violate public service ethics, causing trouble for people when handling work".

The results of the implementation in the past time are figures that speak for the efforts of the entire political system from the province to the grassroots in the work of granting land use right certificates to the people. Because, the difficulty in granting land use right certificates is the backlog of cases left by history when the previous period of land management was not strict, lacked basis and legal basis, while the current legal regulations have strict content provisions. On the other hand, many problems arise in practice, which are not currently regulated by law. The situation of disputes, overlaps, and even some people are not interested in completing the conditions to be granted land use rights..., are also difficult factors in the work of granting land use right certificates to the people.

Continue to remove obstacles

Despite efforts, the number of land use right certificates granted has only reached over 45%, equivalent to 17,181/38,044 cases eligible for certificates; the remaining number of cases that have not been granted is 20,863/38,044 eligible cases, accounting for nearly 55%.

Studying the reality in many localities, we noted that there are many objective reasons related to determining the implementation of financial obligations of people at the time of land allocation for land allocation beyond authority.

In some cases, the local authorities have determined that land use fees must be paid, but people do not agree or do not have money to pay to the state budget; in some cases, there is no need, or there is an absence from the locality, so they do not declare, register and prepare documents to issue land use right certificates; there are also problems with property division, inheritance...

Subjective causes: some localities are not really determined and resolute to resolve problems, and still have a fear of responsibility in determining financial obligations for cases of land allocation without proper authority.

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The granting of land use right certificates to people must be based on the viewpoint of meeting all conditions and responsibilities of the Provincial People's Council. The Provincial People's Council will continue to urge the Department of Agriculture and Environment to focus on removing obstacles and difficulties.

Comrade Nguyen Nam Dinh - Member of the Provincial Party Standing Committee, Permanent Vice Chairman of the Provincial People's Council

In addition to the above difficulties, the implementation of the 2024 Land Law continues to pose new problems. As for cases of land allocation originating from an unauthorized source, before July 1, 2004, the 2013 Land Law and the province's guiding documents did not require a new house to be granted a certificate, if there were documents on land allocation beyond the authority or through an inspection conclusion, but the 2024 Land Law, if the current status of the land does not have a house, it is not eligible to be granted a certificate of land use rights.

Regarding the removal of difficulties and obstacles in granting land use right certificates that Thanh Chuong district voters raised at the voter contact session at the end of May 2025, Comrade Nguyen Nam Dinh - Member of the Provincial Party Standing Committee, Permanent Vice Chairman of the Provincial People's Council clearly stated the view that it must be considered based on the factors of ensuring conditions; when conditions are met, the local government must closely follow the functional agencies to urge the resolution. Regarding the Provincial People's Council, it will be responsible for discussing with the Department of Agriculture and Environment to pay attention to removing difficulties and obstacles to resolve, ensuring the legitimate rights of the people.