Directive No. 1474/CT-TTg on implementing urgent tasks and solutions to rectify the issuance of land use right certificates, ownership certificates for houses, and other assets attached to land, and to build a land database.

DIRECTIVE

On implementing certain urgent tasks and solutions to improve the issuance of land use right certificates, house ownership certificates, and certificates for other assets attached to land, and to build land information databases

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In recent times, the Government has directed the implementation of many measures to accelerate the issuance of certificates for land use rights, house ownership, and other assets attached to land (hereinafter referred to collectively as Certificates) pursuant to Resolution No. 07/2007/QH12 dated November 12, 2007 of the National Assembly on the plan for socio-economic development in 2008; localities have focused on directing and accelerating cadastral surveys, issuing Certificates, and the results achieved over the past three years have been significant. However, the registration and issuance of Certificates for some types of land are still slow, especially specialized land and urban residential land; the number of Certificates signed but not yet delivered to recipients in some localities remains high; the construction of land information databases is still slow, inconsistent, lacking synchronization, and with low efficiency; the updating and amendment of cadastral records according to changes have not been fully and regularly implemented as required.

The main reasons for the above situation are due to the fact that the procedures for issuing Certificates in some localities have not been reformed promptly, they are still cumbersome and complex, exceeding the prescribed time limits; the investment in cadastral surveys and registration, issuance of Certificates, and construction of land information databases in many localities is still insufficient, and the dispersed areas of implementation have led to slow registration and issuance of Certificates, and the construction of land information databases has not been truly prioritized and directed; the capacity of the Land Registration Offices at all levels, particularly at the district level, is limited due to a lack of staff and necessary working conditions according to assigned tasks; some provisions regarding financial obligations when issuing Certificates are not in line with reality; the phenomenon of harassment during the processing of Certificate issuance procedures has not decreased, causing much public concern; violations of land laws and construction laws are still widespread, especially in housing development projects in large cities; the awareness of organizations and individuals using land in complying with laws on land registration is not strict, especially state agencies and organizations allocated land without payment of land use fees.

To address these shortcomings and weaknesses in order to establish a stable, modern land management system that meets economic and social development requirements and ensures fairness and transparency in land use and property ownership relations, the Prime Minister requests:

1. The People's Committee of the province or centrally governed city shall be responsible for:

a) To focus on directing the acceleration of Certificate issuance at the local level, especially residential and specialized land; each province and city shall set annual targets for Certificate issuance for each district and commune as a basis for evaluating the completion of tasks.

In the short term, it is necessary to direct a review and statistics of all pending applications for Certificate issuance and land change registrations, Certificates signed but not yet delivered, concentrate resources, and strive to complete these tasks before December 2011. For cases of land use with lingering and complex violations of land laws, the People's Committees of provinces and centrally-administered cities should consider issuing specific regulations to resolve these issues definitively in 2011 and 2012 to establish management files.

b) To organize inspections of land registration and Certificate issuance for all organizations currently using land, especially housing development projects in cities, to strictly penalize those who fail to declare land use as required; simultaneously resolving any obstacles to complete land registration, construction of land information databases, and issuance of Certificates for these entities in 2011 and 2012.

c) From now until the end of 2011, conduct reviews to amend or abolish local regulations on Certificate issuance that are no longer in line with current laws; strengthen reforms of Certificate issuance procedures to shorten processing times and publicly announce them through mass media for citizens to implement and supervise; at the same time, provide hotlines for citizens to report situations.

d) Establish and improve the Land Registration Office to ensure adequate staffing, funding, and necessary working conditions to fulfill its functions and responsibilities as stipulated by land laws. For areas with a high demand for Certificate issuance and land change registrations where the district-level Land Registration Office cannot meet the needs, the Land Registration Office under the Department of Natural Resources and Environment should open branches to support implementation to meet citizen demands.

e) Allocate sufficient funds from local budgets, ensuring that at least 10% of total revenue from land use fees and land rental fees is dedicated to investing in cadastral surveys, land registration, Certificate issuance, construction of land information databases, and regular updates and amendments of cadastral records.

Investment funds should be concentrated on conducting cadastral surveys and creating land maps linked to Certificate issuance and building land information databases, completing them thoroughly for each district administrative unit; priority should be given to urban areas and regions with complex land use situations.

f) Regularly direct monitoring, updating, and amending land changes at all levels, enhancing the effectiveness of cadastral records and land information databases, and properly implementing annual land statistics.

2. The Ministry of Natural Resources and Environment shall have the responsibility:

a) Take the lead and coordinate with the Ministry of Construction to inspect land use, construction, and Certificate issuance at some commercial housing development projects in Hanoi and Ho Chi Minh City by October 2011. Conduct an evaluation of inspection results, propose solutions to address current limitations and inadequacies; for projects suspected of violating laws, organize inspections and handle them promptly according to legal provisions.

b) Lead the establishment and implementation of the Land Database Construction Project according to a centralized and unified model from central to provincial and district levels using the central budget, aiming to build a modern land management model that meets the information needs of various sectors, fields, and land users' transactions.

Initially, the Ministry of Natural Resources and Environment will lead and coordinate with the Ministry of Finance to submit to the Prime Minister for approval of financial support for implementation in 2011; at the same time, focus on directing and guiding localities to mobilize resources to complete a comprehensive land database model within two years (2011-2012) for each province and centrally-administered city at the district level as a basis for widespread implementation in subsequent years.

Organize training courses to enhance professional expertise and information technology skills for staff of the Land Registration Offices to meet job requirements.

Lead and coordinate with relevant ministries and sectors to organize a teleconference with localities regarding the assessment of the situation and results of implementing this Directive in December 2012.

3. The Ministry of Finance shall be responsible:

Lead and coordinate with the Ministry of Natural Resources and Environment to inspect and propose amendments to financial regulations related to issuing Certificates of Land Use Rights, particularly those concerning fee and tax rates, collection, payment, and usage, ensuring funding for the Land Registration Offices to fulfill assigned tasks, and report to the Prime Minister before June 2012.

Balance and allocate annual funds for the Ministry of Natural Resources and Environment to organize training sessions to enhance the capabilities of staff in the Land Registration Offices.

Based on the annual central budget balance, continue to allocate support for difficult localities a portion of the funds for cadastral surveying, issuing Certificates of Land Use Rights, and building a land database.

Guide localities to allocate annual funds for updating and correcting changes in cadastral records.

4. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for organizing the implementation of this Directive, reporting on the implementation results every six months and annually to the Ministry of Natural Resources and Environment.

The Ministry of Natural Resources and Environment is responsible for monitoring, inspecting, and reporting to the Prime Minister every six months and annually on the implementation status of the tasks outlined in this Directive.