Implementing the 2013 Land Law in Vinh City: Resolving obstacles promptly.

(Baonghean)- The Land Law of 2013, passed by the National Assembly on November 29, 2013, will come into effect on July 1, 2014. However, in Vinh City, there are difficulties and obstacles related to the issuance of land use right certificates for apartments, villas, and townhouses...

To date, in Vinh City, there are a number of people who have been allocated land illegally, possessing documents proving payment to the budget, but have not yet built houses and lack documentation proving the land allocation on-site, thus not meeting the conditions for obtaining a Certificate of Land Use Rights. Mr. Nguyen Van Thang, residing in Hamlet 17, Nghi Phu Commune, is one example. Mr. Thang was allocated land by Hong Hoa Thai Cooperative in 1994 (under the land allocation scheme for children of cooperative members). The land allocation file includes payment receipts to the Cooperative; a copy of the Hong Hoa Thai Cooperative's 1994 financial records; and an approved site plan drawing.

However, according to the regulations of Decision 46/2013/QD-UBND of the Provincial People's Committee, he does not meet the conditions for receiving a Certificate of Land Use Rights. According to Mr. Ngo Nam Trung, a land cadastral officer in Nghi Phu commune, there are quite a few cases like Mr. Thang's in Vinh City, concentrated in neighboring communes such as Nghi Phu, Nghi Kim, Nghi An, Hung Chinh... There are also quite a few cases in wards such as Vinh Tan, Cua Nam, Hung Dung... What needs to be considered here is that land was allocated illegally, but those who received the land and built houses on it according to regulations were granted Certificates of Land Use Rights, thus creating unfairness.

Tecco building, Quang Trung ward (Vinh City).

In Vinh City, developers of new urban areas are very anxious about the issuance of Certificates of Ownership for apartments, villas, and townhouses. According to a representative of Tecco Company, the progress of issuing these certificates is very slow. Furthermore, many applications for apartment ownership certificates have been returned by authorities because the apartments have been transferred through multiple owners without proper contract authentication as required. "Residents are eager to receive their apartment ownership certificates. Meanwhile, investors want everything completed to recover the remaining capital from the apartment owners. We hope the authorities will expedite the issuance of certificates and find solutions to the problems faced by those involved in the transfers..." - said the representative.

Regarding land allocated illegally, the Vinh City People's Committee is proposing that the competent authorities consider three types of cases: Households and individuals who submitted complete and valid documents to the ward/commune before August 31, 2013 (the effective date of Decision 46 of the Provincial People's Committee) but have not been granted land use right certificates due to delays in processing by state agencies; consideration of additional land areas for those applying for certificate renewal, where the land use origin was illegally allocated by the commune People's Committee, the dossier lacks documentation proving payment, and a portion of the area has increased and is confirmed by the commune People's Committee as due to surveying, and the entire plot is within the planning area; and consideration of handling land allocated illegally, where there is documentation proving payment to the budget, but no house has been built and there is no documentation proving the land allocation on-site. In addition, consideration should be given to cases where agricultural land (interspersed within residential areas) was illegally converted to residential land after July 1, 2004, provided that at the time of construction there was no written prohibition from the competent authority, but the construction conformed to the approved planning, there were no disputes, complaints, or denunciations, and all tax obligations to the State had been fulfilled.

Regarding the issuance of Certificates of Ownership for apartments, villas, and townhouses, the following issues arise: projects have been transferred to other investors without completing the transfer procedures; the name of the land user on the certificate has not been updated; cases of apartment transfers without contract notarization; projects where land use does not conform to the approved detailed construction planning drawings and as-built drawings; and apartment buildings lacking construction quality certificates...

In the report on the implementation of the plan for the first five months of 2014 in the state management of resources and environment by the Vinh City People's Committee, in addition to reporting difficulties and obstacles, the City People's Committee also proposed solutions. For example, regarding the case of transferring a project to another investor without completing the transfer procedures and not updating the name of the land user on the land use certificate, the Vinh City People's Committee specifically mentioned the handling of the C1 and C2 apartment buildings in Doi Cung ward. Accordingly, the land use right certificates for these two apartment buildings have been printed and transferred to the tax authority. However, the land use right certificates issued by the Provincial People's Committee in 2006 to the investor were in the name of Nghe An Housing Investment and Development Company. On October 30, 2008, Nghe An Housing Investment and Development Company changed its name to Hanoi 30 Housing Investment and Development Joint Stock Company without obtaining permission from the competent authority to change the name on the land use right certificate as required.

Before and after the name change, Hanoi Housing Investment and Development Joint Stock Company 30 transferred the right to use apartments to households and individuals. In 2011, Hanoi Housing Investment and Development Joint Stock Company 30 contacted the Department of Natural Resources and Environment to register the name change, but the application was returned after inspection. Therefore, households and individuals who needed land use right certificates and house ownership certificates could not have their requests processed. Regarding this matter, based on the directive of Deputy Prime Minister Hoang Trung Hai in Notice No. 327/TB-VPCP, "For some apartment projects where the State allocated land free of land use fees before July 1, 2004, as stipulated in Decree No. 04/2000/ND-CP and Decree No. 71/2001/ND-CP, if the investor sells housing after July 1, 2004, at market price as in cases where land was allocated with land fees, then the directive is to issue land use right certificates to the buyers. At the same time, the land use fees will be collected from the investor according to the land price stipulated by the Provincial People's Committee at the time of land allocation," the Vinh City People's Committee proposes: Continuing to process applications for land use right certificates for households and individuals receiving transferred apartments, transferring cadastral information, and submitting the land use right certificates for signing to the transferees; The Department of Natural Resources and Environment is requested to advise the Provincial People's Committee to collect land use fees in accordance with regulations; after the investor fulfills its financial obligations to the State and confirms the name change on the Land Use Right Certificate in accordance with regulations, the Land Registration Office will then proceed to hand over the Land Use Right Certificate and the apartment use right certificate to the investor for handover to the citizens.

According to Mr. Nguyen Tat Son, Deputy Head of the Department of Natural Resources and Environment of Vinh City, on June 18, 2014, the Department of Natural Resources and Environment held a meeting with the People's Committee of Vinh City regarding the management of natural resources and the environment. At this meeting, Vinh City reported on the difficulties and obstacles in issuing land use right certificates for apartments, villas, and townhouses. Some proposals were agreed upon by the leaders of the Department of Natural Resources and Environment; however, the Department basically noted the difficulties and obstacles and promised to study solutions to advise the Provincial People's Committee on a final decision.

In fact, these difficulties and obstacles have existed for quite some time, but Vinh City has yet to find a solution. It is suggested that, with the 2013 Land Law nearing its effective date, relevant resource management agencies should promptly study the provisions of the law and the Government Decrees issued to propose appropriate solutions.

Ha Giang