Directive No. 05/2004/CT-TTg on the Implementation of the Land Law 2003

DIRECTIVE

Regarding the implementation of the Land Law of 2003

At its fourth session, the National Assembly of the Eleventh Legislature adopted the Land Law which will take effect from July 1, 2004. The Land Law of 2003 (hereinafter referred to as the Land Law) is a very important law with significant implications for enhancing management effectiveness, encouraging rational and efficient land resource utilization, and positively contributing to the process of accelerating industrialization and modernization of the country.

The Prime Minister requests that the Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government organize thoroughly the implementation of the Land Law with the requirement of quickly bringing the Law into practice, creating clear changes in land management and usage, and making land management increasingly orderly and regulated. In the short term, it is necessary to focus on implementing the following tasks:

1. Urgently prepare conditions for the implementation of the Land Law.

From now until the Land Law takes effect, efforts must be concentrated on all aspects of preparation, with emphasis on the following matters:

a) Establishing a system of regulatory legal documents related to the implementation of the Land Law.

The Ministry of Natural Resources and Environment shall submit to the Government the Decree guiding the implementation of the Land Law and the Decree on administrative penalties for violations in land management and usage; take the lead in organizing investigations on the current state of agricultural land concentration and submit to the Government for the Government to submit to the Standing Committee of the National Assembly regulations on the limit of transferable land use rights for households and individuals.

The Ministry of Finance shall submit to the Government the Decree on methods for determining land prices and price ranges for various types of land, the Decree on land use fees, the Decree on compensation, support, and resettlement when the State recovers land; take the lead in drafting and submitting to the Government for the Government to submit to the National Assembly relevant tax laws; submit to the Government guiding decrees for the implementation of relevant tax laws.

b) Implementing the dissemination and education of land-related laws.

The Ministry of Natural Resources and Environment, based on Decision No. 13/2003/QD-TTg dated January 17, 2003 of the Prime Minister approving the Program for the Dissemination and Education of Laws from 2003 to 2007, shall have the responsibility to take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees under the central government to direct and organize the dissemination and education of land-related laws.

The Ministry of Culture, Sports and Tourism shall instruct mass media organizations to publicize and disseminate land laws to every citizen; direct the publication and distribution of publications on land laws, including those in ethnic languages, to widely disseminate among the people throughout the regions of the country.

The dissemination and education of land laws must be carried out continuously and regularly with practical content and appropriate forms for different groups. In the first quarter of 2004, a campaign to widely disseminate the Land Law among the people before it takes effect should be launched.

c) Strengthening organizational structures and promoting administrative reform in land management.

Provincial People's Committees under the central government shall have the responsibility to strengthen organizational structures and personnel engaged in land management in accordance with the decentralization of management under the Land Law and to meet the requirements of strengthening land management work.

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Natural Resources and Environment to assess the situation of organizational structures and personnel engaged in land management at the district level and submit to the Government a proposal to strengthen land management agencies linked with natural resources and environmental management at the district level.

The Ministry of Natural Resources and Environment shall be responsible for guiding and supervising the implementation of administrative reform procedures in land management; guiding the establishment of Land Registration Offices linked with the "one-stop" service model, initially in places with high demand for land transaction registration; guiding training and capacity building for cadres and civil servants engaged in land management.

2. Effectively implement the Land Law, creating clear changes in land management and usage.

The organization and implementation of the Land Law is a continuous process and must be comprehensively and synchronously implemented; in the short term, within two years 2004 and 2005, clear changes must be made in the following areas:

a) Improving land planning and land use plans, particularly addressing the issue of suspended planning.

The Ministry of Natural Resources and Environment shall guide the review and necessary adjustments to local land planning and land use plans; complete the national land use plan up to 2010 and the land use plan up to 2005 to submit to the Government for the Government to submit to the National Assembly for decision.

Provincial People's Committees under the central government shall review the implementation of approved land planning and land use plans; organize the establishment, approval, or submission to competent authorities for approval according to the provisions of the Land Law, especially focusing on the renewal of land planning and land use planning in cities in line with industrialization and modernization needs and urbanization speed of each locality; immediately announce publicly the land planning and land use plans and take measures to monitor their implementation, promptly adjust them to suit actual land usage needs and capabilities, and address the issue of suspended planning.

b) Rectifying land allocation, land leasing, and land recovery processes.

Provincial People's Committees under the central government shall direct the strict implementation of land allocation and leasing procedures, addressing the issue of arbitrary and wasteful land allocation and leasing. Land allocation for business and residential purposes shall mainly be conducted through land use right auctions or bidding projects based on approved land use plans and land use plans.

In 2004, the People's Committees of provinces and centrally governed cities must complete the work of reclaiming land areas that have been allocated or leased but not used or used without ensuring the progress as prescribed; land used for purposes other than those specified in the allocation or lease; agricultural land of administrative units, public service organizations, and armed forces used for production to improve living standards. For farm and forest land, implement Decision No. 264/2003/QĐ-TTg dated December 16, 2003, of the Prime Minister.

c) Accelerate the progress of issuing Certificates of Land Use Rights.

The People's Committees of provinces and centrally governed cities must direct the acceleration of the progress of issuing Certificates of Land Use Rights, with a focus on residential land in urban areas and production forest land, striving to complete the issuance of all types of land use certificates by 2005. At the same time, they must urgently complete the system of cadastral maps and standardized cadastral files, computerize the land management system to enhance the effectiveness of land management and facilitate the development of the real estate market.

The Ministry of Natural Resources and Environment shall be responsible for directing and urging the issuance of Certificates of Land Use Rights; guiding the modernization of land management work nationwide uniformly.

The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and the Ministry of Natural Resources and Environment to seek foreign ODA sources and allocate sufficient domestic counterpart funds to build and implement the Project "Improving and Modernizing the System of Cadastral Files and Issuing Certificates of Land Use Rights Nationwide."

d) Reform land price management, overcome the drawbacks of price control.

The Ministry of Finance shall draft and submit to the Government a proposal for reforming land price management in accordance with the Law on Land; take the lead and coordinate with the Ministry of Natural Resources and Environment to direct the People's Committees of provinces and centrally governed cities to conduct land price surveys as the basis for issuing a Decree on methods for determining land prices and price ranges for various types of land to replace Decree No. 87/NĐ-CP dated August 17, 1994, of the Government.

The People's Committees of provinces and centrally governed cities shall immediately adjust land prices in the first six months of 2004 for areas with unreasonable land prices, and base their decisions on the methods and price ranges for various types of land issued by the Government to determine specific land prices applicable from January 1, 2005; strengthen the organization of land valuation and create conditions for the development of consulting organizations on land prices according to the Government's regulations and the guidance of the Ministry of Finance.

Effectively address the weaknesses in compensation, clearance, and resettlement work.

The People's Committees of provinces and centrally governed cities shall review specifically the compensation, clearance, and resettlement work carried out in the past, effectively address the weaknesses to accelerate compensation, clearance, and resettlement work, prioritizing national and local key projects that have received land allocation or leasing decisions, investment projects for production and service development by all economic sectors; widely apply the form where investors needing land negotiate with land users through land use rights transfer, capital contribution, or land use rights leasing.

Pending the effective implementation of the Law on Land, allow the People's Committees of provinces and centrally governed cities to establish organizations with the function of developing land funds and pilot the immediate recovery of land after the land planning and utilization plan has been approved and announced by the competent state authority without waiting for project approval under current regulations. From now on, clearance for resettlement purposes can only be implemented after ensuring all resettlement conditions.

3. Perform well the inspection and supervision of compliance with laws on land and resolution of complaints and denunciations regarding land management and use.

a) Strengthen the inspection and supervision of compliance with laws on land.

The People's Committees of provinces and centrally governed cities shall be responsible for regularly directing the inspection and supervision of compliance with laws on land, considering this a particularly important task in land administration at all levels in the locality.

In 2004, ministries, sectors, and the People's Committees of provinces and centrally governed cities shall concentrate on implementing the inspection and supervision tasks according to the opinions of the Politburo in Notification No. 108/TB-TW dated May 14, 2003, on inspecting basic construction investment and land management and use, and Decision No. 273/QĐ-TTg dated April 12, 2002, of the Prime Minister on inspecting construction investment and land management and use.

Through inspections and supervision, resolute measures must be taken, including criminal prosecution, against violations, especially by officials and civil servants who abuse their positions for corruption, bribery, or illegal land allocation and leasing, causing losses to the State.

b) Resolve completely pending complaints and denunciations about land management and use.

Ministries, sectors, and local authorities at all levels shall be responsible for resolving pending complaints and denunciations related to land management and use from before 2003, focusing first on complaints about compensation and clearance; prevent violations in land management and use leading to disputes, complaints, and denunciations.

The Ministry of Natural Resources and Environment shall cooperate with the Supreme People's Court to issue a Joint Circular guiding the adjudication of land disputes to be applied after the Law on Land comes into effect.

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairmen of the People's Committees of provinces and centrally governed cities shall be responsible for organizing the implementation of this Directive. The Ministry of Natural Resources and Environment shall be responsible for monitoring and inspecting the implementation by ministries, sectors, and localities, and reporting to the Prime Minister on the implementation of this Directive.