Decision No. 25/2004/QĐ-BTNMT on the issuance of the Plan for Implementing the Land Law

Pursuant to …;

Regarding the issuance of the Plan on Implementing the Land Law

____________________________

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Based on the Land Law dated November 26, 2003;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Directive No. 05/2004/CT-TTg dated February 9, 2004 of the Prime Minister on implementing the 2003 Land Law;

Considering the proposal of the Director of the Department of Land Registration and Statistics, the Director of the Legal Department, 

DECISION: 

Article 1. This Decision promulgates the Plan on Implementing the Land Law.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. Chairmen of People's Committees of provinces and centrally governed cities, Heads of units under the Ministry, Directors of Provincial Departments of Natural Resources and Environment shall be responsible for implementing this Decision.

PLAN

On Implementing the Land Law

(Annexed to Decision No. 25/2004/QĐ-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment)

On October 29, 2004, the Government issued Decree No. 181/2004/NĐ-CP on Implementing the Land Law (hereinafter referred to as Decree No. 181/2004/NĐ-CP). To bring about significant changes in land management work according to the Land Law and Decree No. 181/2004/NĐ-CP, this Plan focuses on three key tasks set forth in Directive No. 05/2004/CT-TTg dated February 9, 2004 of the Prime Minister on implementing the 2003 Land Law in the near term until the end of 2005, which are: completing the issuance of land use right certificates; perfecting the system of land planning and land use plans at all levels and addressing the issue of suspended planning; reviewing the current land use status and reclaiming unused or improperly used land areas.

I.   ON THE ISSUANCE OF LAND USE RIGHT CERTIFICATES

A.  Objective

1. Accelerate the progress of issuing land use right certificates, focusing on residential land, forest production land, and non-agricultural production and business land to ensure the completion of the issuance of land use right certificates nationwide in 2005.

2. Establish a standardized and unified land administration file system concurrently with the process of issuing land use right certificates.

B. Contents and Measures

1.  Strengthening the machinery to assist People's Committees at all levels in state management of land

The People's Committees of provinces and centrally governed cities shall urgently direct the strengthening of the machinery of specialized agencies to ensure sufficient capacity to assist People's Committees at all levels in state management of land, primarily in the issuance of land use right certificates. Depending on the specific situation of each locality, appropriate measures should be taken:

a) In localities that have not yet established District, Urban District, Town, and City Departments of Natural Resources and Environment under provinces, they must promptly establish them in accordance with Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on organizing specialized agencies under District, Urban District, Town, and City People's Committees. Adequate staff and civil servants should be assigned in accordance with the workload.

b) Establish the Office of Land Registration in accordance with Decree No. 181/2004/NĐ-CP and the joint Circular guiding it by the Ministry of Natural Resources and Environment and the Ministry of Home Affairs. Initially, the Office of Land Registration should be established under the Provincial Department of Natural Resources and Environment, and the Office of Land Registration under the District, Urban District, Town, and City Departments of Natural Resources and Environment in those districts, urban districts, towns, and cities under provinces with a large number of land use right certificates to be issued or many land transactions. Specific guidance should be provided to ensure that these Departments of Natural Resources and Environment and Offices of Land Registration operate smoothly immediately after establishment, ensuring the schedule for issuing land use right certificates.

c) Assign cadres of land administration in communes, wards, and towns where they have not been assigned; promptly replace cadres of land administration who lack capability or have issues regarding moral character and ethics.

d) For districts, urban districts, towns, and cities under provinces with a large number of land use right certificates to be issued but insufficient local staff to ensure the goal of completing the issuance in 2005, it is necessary to assign staff from the Provincial Department or subordinate units directly to assist the district for a certain period.

2. Training on Issuing Land Use Right Certificates

a) The training participants include leaders, civil servants directly directing and implementing the issuance of land use right certificates at Provincial Departments of Natural Resources and Environment, District Departments of Natural Resources and Environment, Offices of Land Registration, and specialized units for land registration, statistics, cadastral surveying, and land information storage; cadres of land administration in communes, wards, and towns.

The Ministry of Natural Resources and Environment will organize training for leaders of Provincial Departments of Natural Resources and Environment, District Departments of Natural Resources and Environment, Offices of Land Registration, and cadres responsible for specialized units for land registration, statistics, and cadastral surveying under the Provincial Department. Provincial Departments of Natural Resources and Environment will organize training for the remaining participants.

The training will be organized in November and December 2004.

b) The training content includes provisions on issuing land use right certificates or related to the issuance of land use right certificates stipulated in the Land Law, Decree No. 181/2004/NĐ-CP; Decision No. 24/2004/QĐ-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment promulgating Regulations on Land Use Right Certificates, Circular No.
29/2004/TT-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment on guiding the establishment, amendment, and management of land administration files and other relevant legal provisions.

During the training, particular attention should be paid to the procedures and formalities for issuing land use right certificates, specific tasks at each stage of the procedure, and regulations on handling violations of administrative procedures by cadres and civil servants engaged in land management.

3. Organizing the Issuance of Land Use Right Certificates Effectively

The People's Committees of provinces and centrally governed cities shall direct the implementation of the following tasks:

a) Organize a comprehensive review of the entire situation regarding the issuance of land use right certificates at the local level, develop plans to issue land use right certificates according to the new certificate format in the following manner:

For land used for forestry purposes: In localities that have been and are implementing projects to establish cadastral base maps using funds from urgent land projects approved by the Prime Minister or funds from projects approved by the Ministry of Natural Resources and Environment, the People's Committees of provinces and centrally governed cities shall promptly allocate sufficient budget funds from the local budget to complete the work of issuing land use right certificates. In localities that have not yet implemented projects to establish cadastral base maps, it is necessary to prepare forces to implement on schedule according to the guidance of the Ministry of Natural Resources and Environment. Issue forestry land use right certificates based on the current status for areas meeting the conditions for certification without waiting for the completion of the cadastral base map. The issuance of forestry land use right certificates must be linked to the reorganization and modernization of state-owned agricultural and forestry farms but should not mechanically wait until the reorganization is completed before issuing the certificates.

For residential land: Accelerate the issuance of certificates, especially for residential land in urban areas, based on existing survey and mapping materials. The People's Committees of provinces and centrally governed cities shall direct the resolution of issues related to household registration, planning, and other obstacles in the implementation process; review and abolish regulations that are inconsistent with the law and hinder the issuance of land use right certificates. Pay attention to handling cases of residential land with gardens and ponds within the same plot in residential areas in accordance with the provisions of the Land Law and Decree No. 181/2004/NĐ-CP.

For special-purpose land (land for non-agricultural production and business premises, office premises, public works land, land for defense and security purposes): Promote the issuance of certificates based on self-inspection and declaration of land use by organizations, households, and individuals, and verification of the current status of land use, conducting cadastral surveys where there are no existing cadastral maps.

b) Direct close cooperation and collaboration among relevant agencies in the issuance of land use right certificates, particularly between tax agencies in collecting financial obligations from applicants for land use right certificates; construction management, planning, and architecture agencies in managing construction planning and determining the extent of renovation houses and state-owned houses sold to tenants under Government Decree No. 61/CP dated July 5, 1994 on the purchase and sale of housing; and the Department of Agriculture and Rural Development in promoting the reorganization and modernization of state-owned agricultural and forestry farms.

II.   ON PLANNING AND LAND USE PLANS

A. Objectives

1. Complete the preparation, adjustment, approval, and publication of land use planning and plans at all levels in accordance with the provisions of the Land Law in 2005.

2. Timely identify and address, in accordance with the provisions of the Land Law, cases of suspended planning.

3. Improve the quality of land use planning and plan preparation and enhance the effectiveness of land management through planning and land use plans.

B. Content and Measures

1. Organize training on land use planning and management

Participants include leaders of agencies assisting provincial and district People's Committees in land administration; civil servants from units responsible for land management and specialized planning and land use planning; cadres from commune, ward, and town land administration offices.

Pursuant to the Law on Cultural Heritage and Decree No. 92/2002/NĐ-CP dated November 11, 2002 of the Government detailing the implementation of certain provisions of the Law on Cultural Heritage; organize training for leaders of provincial Departments of Natural Resources and Environment, District Departments of Natural Resources and Environment; cadres responsible for departments and specialized units on planning and land use planning within the Department. Provincial Departments of Natural Resources and Environment will organize training for the remaining participants. The training will be organized in November and December 2004.

2. Develop and adjust land use planning and plans

a) The People's Committees of provinces and centrally governed cities shall direct the organization of reviews of land use planning and plans at the local level. The review will be conducted based on the following grounds:

The Land Law;

The national land use planning up to 2010 and the land use plan up to 2005 decided by the National Assembly at its fifth session of the eleventh term;

Decree No. 181/2004/NĐ-CP and Circular No. 30/2004/TT-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment guiding the preparation, adjustment, and review of land use planning and plans;

The implementation of land use planning and plans at the local level in recent years.

b) Based on the review, proceed to develop plans to complete the local land use planning and plan system with the following main tasks:

Accelerate the preparation and approval of land use planning and plans in localities that have not yet implemented them;

Conduct procedures to adjust and supplement (if necessary) for localities that already have approved land use planning and plans;

The preparation, adjustment, supplementation, and approval must comply with the provisions of the Land Law, Decree No. 181/2004/NĐ-CP, and Circular No. 30/2004/TT-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment on guiding the preparation, adjustment, and review of land use planning and plans; ensure systematicity and consistency with the land use planning and plans of higher levels that have been decided and approved; improve practicality and feasibility, and address shortcomings in the preparation and implementation of land use planning and plans in recent years.

3. Implement land use planning and plans correctly

The People's Committees of provinces and centrally governed cities shall direct the organization of reviews and assessments of the implementation of land use planning and plans at the local level, promptly identifying and addressing cases of land allocation, land leasing, land recovery, and changes in land use purposes that do not conform to approved land use planning and plans; promptly identify and address situations of suspended planning at the local level.

III.ON REVIEWING THE CURRENT STATUS OF LAND USE, RECOVERING UNUSED LAND OR LAND USED IN VIOLATION OF REGULATIONS

A.    Objective

1. From now until mid-2005, the recovery of land areas that have been allocated or leased before the Land Law of 2003 took effect but which have not been used, have not been used according to schedule, or have not been used for their intended purpose must be completed.

2. The responsibility of People's Committees and cadres in charge of land management at communes, wards, and towns in detecting, preventing, and recommending measures to address cases where land has been allocated or leased but not used, not used according to schedule, or not used for its intended purpose must be heightened.

B. Content and Measures

1. Reviewing the situation of land use that has been allocated or leased

The People's Committees of provinces and centrally-administered cities shall direct organizations to review the situation of land use that has been allocated or leased by the State; conduct on-site inspections to accurately assess the current status of land use; identify areas of land that are not being used, not being used according to schedule, or not being used for their intended purpose.

2. Recovering unused land or land used in violation of regulations

Review up to what extent, process accordingly. The handling shall be carried out as follows:

a) For land used for purposes other than those specified in the land allocation, lease, or recognition of land use rights documents issued by competent state agencies, a deadline for rectification shall be set. If the land user fails to rectify within this period, the land shall be recovered.

 b) For agricultural land allocated or leased by the State that has not been used within the time limit stipulated in Clause 11, Article 38 of the Land Law, if the land user does not promptly rectify the situation, the land shall be recovered.

c) For land allocated or leased by the State for investment projects where the implementation schedule does not comply with the provisions of Clause 12, Article 38 of the Land Law, if there is no justifiable reason to extend the project implementation period, the land shall be recovered.

Handling of cases involving non-use, improper use according to schedule, or improper use of land for its intended purpose must be resolute, final, and in accordance with the provisions of the Land Law and Decree No. 181/2004/NĐ-CP.

3. Enhancing the role of People's Committees and cadres in charge of land management at communes, wards, and towns in detecting, preventing violations of laws related to land use

The People's Committees of provinces and centrally-administered cities shall direct the strengthening of inspection and urging of People's Committees and cadres in charge of land management at communes, wards, and towns in detecting, preventing, or recommending competent state agencies to handle according to the law cases where land has been allocated or leased by the State, recognized land use rights, but not used, not used according to schedule, or not used for its intended purpose.

IV.  WORK  INSPECTION  CHECK  AUDIT AND CONTROL  REPORTING, MEETING  1. Inspection and audit work  The People's Committees of provinces  , centrally-administered cities  shall strengthen guidance

to organize inspections and audits of the implementation of the Land Law, guiding documents for implementing the Law, and the execution of tasks outlined in this Plan

at the local level; promptly commend and reward organizations and individuals who perform well; correct shortcomings, and strictly deal with organizations and individuals who lack responsibility or violate land laws.The Inspectorate of the Ministry, relevant Departments, and Bureaus under the Ministry of Natural Resources and Environment shall regularly carry out inspections and audits of compliance with land laws and the execution of tasks outlined in this Plan, primarily at the provincial level and in places with prominent issues in land management and use, promptly reflecting any difficulties and obstacles encountered during the implementation of this Plan to the leadership of the Ministry. Provincial Departments of Natural Resources and Environment shall be responsible for publicly announcing telephone numbers, fax numbers, email addresses, and postal addresses to receive reports and recommendations from organizations, citizens, and media outlets regarding violations of land laws; inspect and handle according to their authority or recommend competent authorities to handle.

2. Reporting and meeting system Provincial Departments of Natural Resources and Environment shall report quickly on the 25th of each month on the situation of issuing land use right certificates, the situation and results of handling land allocated or leased by the State such as

not being used, not being used according to schedule, or not being used for its intended purpose; report on the last day of the quarter about

the situation of establishing, reviewing, adjusting, supplementing, and implementing land use plans and programs. These reports

shall be sent to the Ministry of Natural Resources and Environment (through the Department of Land Registration and Statistics). Utilize electronic mail and gradually establish online exchanges via the internet between the Ministry and Provincial Departments of Natural Resources and Environment to promptly grasp the situation and provide guidance to resolve any obstacles.The Ministry of Natural Resources and Environment shall organize regular meetings every six months with the Directors of Provincial Departments of Natural Resources and Environment in groups of provinces regarding the implementation of this Plan. the situation regarding the establishment, examination, adjustment, supplementation, and implementation of land planning and land use plans. The reports shall be sent to the Ministry of Natural Resources and Environment (through the Department of Land Registration and Statistics).

Electronic mail shall be used, and efforts shall be made to organize online exchanges via the electronic information network between the Ministry and the Departments of Natural Resources and Environment to promptly grasp the situation and direct the resolution of difficulties.

The Ministry of Natural Resources and Environment shall organize regular meetings every six months with the Directors of the Departments of Natural Resources and Environment from each cluster of provinces concerning the implementation of this Plan..