Directive No. 10/1998/CT-TTg On Accelerating and Completing the Allocation of Land and Issuance of Certificates for the Right to Use Agricultural Land.

DIRECTIVE

OF THE PRIME MINISTER
On Promoting and Completing the Allocation of Land and Issuing Certificates of Land Use Rights for Agricultural Land

As of now, the work of allocating agricultural land according to Decree 64/CP dated September 27, 1993 of the Government has basically been completed nationwide, but only over 60% of farming households with nearly 65% of the total area of agricultural land have received certificates of land use rights as stipulated by law.

However, the allocation of agricultural land in many provinces is still prolonged, not concentrated, and the issuance of certificates of land use rights to farming households is slow, failing to meet the requirements of land users, thereby affecting the creation of new impetus for agricultural production, rural development, and state management of land.

To quickly address the above issues and promote and basically complete the allocation of agricultural land and the issuance of certificates of land use rights for agricultural land in 1998, the Prime Minister requests all levels of authority, sectors, organizations, household families, and individuals who are allocated land by the State for agricultural purposes to immediately implement the following tasks:

1. Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committees of provinces and centrally-administered cities shall coordinate with the General Department of Land Administration under the Ministry of Agriculture and Rural Development to direct all sectors and levels within their provinces:

a) Review and evaluate the results achieved, clearly identify the remaining workload, determine policies, solutions, and implementation plans to organize and implement the allocation of land and issuance of certificates of land use rights for agricultural land on a broad scale, aiming to complete this task within the following deadlines:

Provinces in the Red River Delta, the Mekong Delta, and plains districts in the Northern Midland, North Central, South Central, and Southeast regions must basically complete the task in 1998.

Mountainous provinces in the Northern region, the Central Highlands, and mountainous districts in the Northern Midland, North Central, South Central, and Southeast regions must basically complete the task in 1999.

b) Encourage farming households to transfer farmland among themselves during the process of implementing the land allocation plan according to Decree 64/CP and during the process of issuing certificates of land use rights for agricultural land to overcome the current scattered and fragmented situation. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).All levels of People's Committees must organize guidance, propaganda, and mobilization, providing specific instructions to help farming households transfer land among themselves.

c) Focus on directing all sectors and levels within the province to develop land use planning and plans, first identifying the demand for land use for transportation, irrigation, construction of public works, expansion of rural residential areas, urban expansion... to provide a basis for quickly implementing the allocation of land and issuance of certificates of land use rights for agricultural land.

All organizations, household families, and individuals who are allocated land by the State or directly manage and use land for agricultural, forestry, aquaculture, and salt-making purposes without having received certificates of land use rights shall be responsible for declaring and registering the entire area of land they directly use at the commune-level People's Committee to be considered for issuance of certificates of land use rights according to each locality's declaration and registration plan.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial People's Committees shall guide and direct the district-level People's Committees and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The commune-level People's Committees shall be responsible for organizing the declaration and registration of land use rights, establishing complete files to submit for Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the district-level People's Committees to review and issue certificates of land use rights for household families and individuals in their jurisdiction.

The General Department of Land Administration shall uniformly and specifically define forms and procedures for establishing, managing files, and processing applications for issuance of certificates of land use rights throughout the country.

3. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committees of provinces and centrally-administered cities shall be responsible for calculating and balancing funds to meet the requirements of implementing the task of allocating land and issuing certificates of land use rights for agricultural land according to their provincial plans, based on utilizing various resources: direct labor from each commune, administrative and public service labor from sectors within the province, state budget funds from land use right certificate issuance fees according to current regulations, and support from the provincial state budget.

The Ministry of Finance shall provide unified guidance on sources of funds and methods of resolving funding for localities to implement this task.

4. The Ministry of Agriculture and Rural Development shall be responsible for coordinating with the General Department of Land Administration to inspect and urge provinces and centrally-administered cities to promote and fully complete the allocation of agricultural land according to the requirements of Decree 64/CP; organize and guide the movement of transferring farmland to quickly overcome the current scattered and fragmented situation.

5. To accelerate the allocation of land and issuance of certificates of land use rights for agricultural land to farmers, the General Department of Land Administration shall provide detailed guidance to local land administration agencies responsible for, in addition to accelerating the progress of land surveying and mapping, systematizing existing documents and data; organizing training sessions and rapidly developing specialized staff from the provincial level to the grassroots level, making full use of existing documents, data, and maps, adjusting them according to the specific conditions of each province based on the results of surveys conducted during the implementation of Directive 299/TTg dated October 11, 1980 of the Prime Minister; using the results of land surveying and mapping with coordinates, existing maps without coordinates of each locality; surveying outside the field based on rectified aerial photographs; using documents, data, and diagrams of farmland allocation to each household during the implementation of the land allocation plan according to Decree 64/CP; where there are no such maps and documents, organizing simple boundary marking surveys to determine the boundaries between households as a basis for land allocation and issuance of certificates of land use rights (when conditions permit, corrections will be made later through surveying).

6. The Land Administration General Department shall coordinate with the State Inspectorate, the Ministry of Justice, the Ministry of Agriculture and Rural Development, and relevant ministries and sectors to guide localities and directly direct the timely resolution of pending cases during the process of reviewing the issuance of land use right certificates, such as resolving land disputes and complaints, handling violations of land laws... to facilitate localities in completing land allocation and issuance of land use right certificates.

The Ministers of Ministries, Heads of ministerial-level agencies and agencies under the Government, Chairpersons Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of all levels of People's Committees shall be responsible for directing and strictly implementing this Directive.

The Land Administration General Department shall assist the Prime Minister in inspecting and urging the implementation of this Directive, compiling the results of each province to report to the Prime Minister./.