Vinh City issues new document on temporary suspension of receiving applications for land division and consolidation

Replace Document 6886 for better understanding

On November 22, 2024, Vinh City People's Committee issued Document No. 6886/UBND-QLDT (referred to as Document 6886) on temporarily suspending the receipt, consideration, and settlement of procedures related to land subdivision and separation in Vinh City.

Document 6886 states:

“On October 24, 2024, the Standing Committee of the National Assembly issued Resolution No. 1243/NQ-UBTVQH15 on the arrangement of district and commune-level administrative units of Nghe An province for the period 2023-2025. To effectively implement the Resolution of the Standing Committee of the National Assembly mentioned above, it is necessary to ensure convenience and stability in data and statistics on land and population to serve the general planning of Vinh city according to the new administrative boundaries".

Vinh City People's Committee assigned the Departments of Urban Management, Natural Resources and Environment and related units, People's Committees of wards and communes to strengthen State management of land and planning; temporarily suspend the reception, consideration and settlement of procedures related to land division, land donation for road opening, and land division within the existing administrative boundaries of Vinh City.

"For the backlog of files, the competent authority has approved the implementation policy; departments, branches and units shall implement to ensure citizens' rights; at the same time, they are responsible for reporting to Vinh City People's Committee (through the Urban Management Department) to update data to ensure timeliness and consistency".

Document 6886 immediately after its issuance made many people worried. Especially in the context that every day in Vinh City, there are more than 250 files of people carrying out procedures for land division and merger.

To clarify this issue, on the afternoon of November 26, Nghe An Newspaper reporter had an interview with Mr. Nguyen Son Tung - Deputy Head of the Urban Management Department, Vinh City People's Committee. Mr. Nguyen Son Tung said that the leaders of Vinh City People's Committee have grasped the concerns of the people, especially households who need to separate or merge land plots. In fact, the purpose of Document 6886 is to assign responsibility to state management agencies at the city and commune levels in enhancing the quality and effectiveness of land planning management in the area, avoiding the phenomenon of massive land division, increasing pressure on technical infrastructure, social infrastructure in residential areas and in the planning areas divided into lots in Vinh City, both destroying the landscape and affecting the quality of infrastructure.

However, because many people do not clearly understand the content of Document 6886, they have expressed concerns and worries. In response to public opinions, on November 26, 2024, the People's Committee of Vinh City issued Document No. 7003/UBND-QLDT (Document 7003) on planning management in land division in Vinh City.

Specifically, Document 7003 states:

“Implementing Resolution No. 1243/NQ-UBTVQH15 dated October 24, 2024 of the National Assembly Standing Committee on the arrangement of district and commune-level administrative units of Nghe An province for the period 2023-2025; Direction of the Provincial People's Committee in Official Dispatch No. 9954/UBND-NN dated November 11, 2024 on handling difficulties in registration and granting of land use right certificates for cases where people donate land use rights to expand roads before August 1, 2024.

Vinh City People's Committee has the following opinion:

1. Departments, units, and People's Committees of wards and communes must strengthen urban planning management and land management, and must not be negligent at the present time when preparing to expand administrative boundaries according to Resolution No. 1243/NQ-UBTVQH15 dated October 24, 2024 of the National Assembly Standing Committee.

2. Regarding land division and land donation for road expansion: It is required to comply with the regulations and instructions of the Provincial People's Committee in Decision No. 34/2024/QD-UBND dated September 30, 2024, Official Dispatch No. 9954/UBND-NN dated November 11, 2024 and of the Department of Natural Resources and Environment in Official Dispatch 7865/STNMT-QLDD dated November 5, 2024 on handling difficulties in registration and granting of land use right certificates for cases where people donate land use rights to expand roads before August 1, 2024.

Assign the Urban Management Department to preside, the Department of Natural Resources and Environment to coordinate to promptly report and advise the City People's Committee to propose to the Provincial People's Committee solutions to direct the overcoming of existing problems (if any).

3. Regarding the adjustment of the planning for dividing residential land plots (to separate resettlement land plots, appraised land, auctioned land, etc.): The Urban Management Department shall preside, and the People's Committees of relevant wards and communes shall coordinate to strictly control, properly implement procedures and regulations, ensure standards, not contrary to the urban planning of higher levels, and not overload the technical infrastructure (water supply, electricity supply, drainage, etc.) and social infrastructure of the planning area and the region.

Assign the Urban Management Department to review and complete the process of adjusting the land division planning to ensure it is easy to understand, public, and transparent; and strictly control right from the policy stage. In addition, when appraising and advising on the approval of land division planning projects, consider arranging areas of small-sized land plots (but still in accordance with the standards and planning of higher levels) to meet the diverse needs of society, limiting the need for adjustments during implementation.

Residential land not in planning is still divided into plots normally

Explaining further about the issue of land division and consolidation according to Document 7003, Mr. Nguyen Son Tung said: Document 7003 has re-regulations and specific instructions for the responsibilities of agencies and units. The spirit of Document 7003 is that the division and consolidation of land plots of people in residential areas is implemented according to Decision No. 34 of the Provincial People's Committee. For land with land donation for road opening, it must follow the requirements of the planning. As for other residential areas, if only normal division and consolidation of land plots without related to road opening planning adjustment must ensure the requirements of social infrastructure and technical infrastructure to avoid pressure on residential areas.

The issuance of Document 6886 by the Vinh City People's Committee and its replacement by Document 7003 requires city units, wards and communes to strengthen land management, ensure planning, and avoid land division and consolidation contrary to planning, especially in suburban areas and merged areas.

In fact, in the past, when Vinh city was preparing to merge commune-level administrative units into the city, there were many complicated cases related to land, including the situation of donating land to open roads for the purpose of dividing and separating plots. In particular, there were cases where localities organized land auctions without completing technical infrastructure. And this created pressure for Vinh city People's Committee in handling land records and procedures after receiving administrative units into the city.