Circular No. 7760/TC-QLCS regarding the implementation of the Land Law 2003

DIRECTIVE

REGARDING THE ORGANIZATION AND IMPLEMENTATION OF THE LAND LAW 2003 IN HO CHI MINH CITY

The Land Law 2003 was passed by the National Assembly, Session XI on November 26, 2003 and took effect from July 1, 2004. This is an important law reflecting many new contents according to the spirit of Resolution No. VII of the Ninth Plenum, having a significant direct impact on land management work, the rights, interests, and obligations of land users, and the general economic and social development, particularly that of the city. To implement the Land Law 2003, the People's Committee of the city has issued decisions on procedures for allocating land, leasing land, changing land use purposes, regulations for inter-departmental coordination to handle files and circulars guiding the handling of land disputes and complaints; these documents have met the requirements for quickly handling land recovery, allocation, leasing procedures, and resolving land disputes and complaints, bringing about certain effectiveness in initial implementation. To continue implementing the Land Law 2003, the People's Committee of the city requests the Directors of relevant departments and the Chairmen of District and County People's Committees to strictly grasp and implement the Land Law 2003 and the decisions of the People's Committee of the city to quickly bring the Law into life and create clear changes in land management and utilization, making land management increasingly orderly and disciplined, and promoting internal resources from land to contribute to building and developing a civilized and modern city. In the short term, focus on implementing the following tasks:

1. Regarding the organization of propaganda, dissemination, and education on land laws.

Entrust the Coordinating Council for Propaganda, Dissemination, and Legal Education of the city to immediately organize propaganda, education, dissemination, and compile and print materials to widely publicize the Land Law 2003 and related Decrees with practical and appropriate content for each target group.

Specifically for cadres and civil servants in the land administration sector, entrust the Department of Natural Resources and Environment to organize implementation and training for cadres responsible for land management at the city and district levels, leaders and cadres of land administration offices at wards and communes, towns, in September and October 2004, ensuring consistency in understanding and applying the law.

2. Entrust the Department of Natural Resources and Environment to take the lead in coordinating with the Department of Justice and the People's Committees of districts and counties to review the system of land-related legal documents and related documents, propose the People's Committee of the city to issue and abolish documents not in accordance with the Land Law 2003, to be completed by the end of December 2004.

3. Regarding the organization of declaration registration, establishment of a unified land registry system, and land use right certificate issuance for all types of land without certificates. Entrust the Department of Natural Resources and Environment to take the lead in coordinating with the Construction Department and related departments, and the People's Committees of districts and counties:

3.1. Organize registration and issuance of land use right certificates for all subjects meeting the conditions stipulated by the Land Law 2003, for all types of land without certificates (develop specific plans, divide into phases for implementation). Strive to complete the registration and issuance of land use right certificates for all land in the city to individual land users by the end of 2006.

3.2. Urgently complete the work of compiling new land maps, organize inspections and acceptance to ensure quality and quickly put them into use for their intended purpose.

3.3. The organization of land use right certificate issuance must be based on the latest land map system. Along with the issuance of land use right certificates, a unified land registry system must be established at all grassroots levels for long-term management. The land use right certificates issued and the land registry must comply with the provisions of the Land Law 2003, Government Decrees, and guidance documents of the Ministry of Natural Resources and Environment.

3.4. Any lawful changes in reality compared to the land map must be updated consistently on the basis of the new land map (digital map) and land registry for strict management.

4. Regarding the preparation or adjustment of land use planning and implementation in accordance with approved land use planning.

4.1. Entrust the People's Committees of districts and counties to coordinate with the Department of Natural Resources and Environment and the Department of Planning and Architecture to urgently prepare land use planning at the district and commune levels, ensuring the principles, requirements, and contents of land use planning as stipulated by the Land Law after the approval of the city's land use plan until 2010 by the Prime Minister; at the same time, it must be closely linked to urban development planning and other specialized planning.

4.2. The People's Committees of districts and counties must concentrate on directing specialized departments and the People's Committees of wards and communes within their jurisdiction; coordinate with city departments to fully and detailedly develop land use plans for each locality, meeting the development requirements of each economic and social field, environmental requirements, and different land needs for various purposes in line with the overall development goals of each period, serving as the basis for land allocation and leasing.

4.3. The People's Committees of districts and counties and departments must, based on the annual land use plan approved and their authority, notify land users of the reasons for land recovery, time, relocation plan, comprehensive compensation, clearance, and resettlement plan before land recovery, at least 90 days for agricultural land and 180 days for non-agricultural land. Regularly organize supervision to ensure compliance with land use planning and plans.

5. Regarding the improvement of organizational structure and perfection of administrative procedures in land management to create positive changes in administrative reform in land management:

The Department of Home Affairs is responsible for leading and coordinating with the Department of Natural Resources and Environment to quickly complete the proposal for establishing the Natural Resources and Environment Office at district and county levels, researching and proposing organizational models for the Land Registration Office linked to the "one-stop" administrative procedure model at the city and district-county levels. The city-level Land Registration Office under the Department of Natural Resources and Environment needs to be strengthened in the third quarter of 2004. The establishment of the district-county level Land Registration Office shall be proposed by the district-county authorities, in accordance with local conditions. In the absence of a Land Registration Office, the Urban Management Office or the Natural Resources and Environment Office at the district-county level shall be responsible for handling matters. When the Decree and Circular guiding the implementation of the 2003 Land Law are issued, the Department of Natural Resources and Environment shall coordinate with the Department of Justice and the Municipal Administrative Reform Board to study and perfect procedures, formalities, and forms to be uniformly applied within the city.

6. Regarding inspection and supervision work:

Strengthening and reinforcing inspection forces, regularly organizing inspections and checks, focusing on checking land use in projects that have not been implemented for over 12 months or delayed. Establish procedures to recover land according to Article 38 of the 2003 Land Law for cases of violation.

District and county People's Committees and relevant departments are responsible for resolving pending complaints and petitions related to land management and use from before July 1, 2004, in accordance with current regulations, prioritizing complaints about compensation policies, clearance of land, and preventing violations of land laws that lead to complaints and petitions.

District and county People's Committees; Ward and Commune People's Committees shall perform the role of representing state ownership of land and managing land affairs at the local level in accordance with the provisions of the 2003 Land Law, actively organizing inspections to detect and handle acts of encroachment on land; recommending the recovery of land directly managed by the State for organizations using it inefficiently or not in accordance with its intended purpose, to sell at auction to generate capital for the city and district-county or to build public welfare facilities for the locality, in line with approved planning.

Ward and commune, town People's Committees are responsible for promptly detecting and taking measures to prevent new violations, cooperating with relevant agencies to strictly handle violations.

7. Entrust the Department of Agriculture and Rural Development to cooperate with the Department of Natural Resources and Environment and other relevant departments to implement Decision No. 264/2003/QĐ-TTg dated December 16, 2003, of the Government Chairman on some measures for managing and using land in state-owned forestry and agricultural enterprises.

8. Entrust the Department of Finance to manage land prices in accordance with the provisions of the Land Law, leading the research and coordinating with city and district-county departments to develop plans to establish price lists within the framework set by the Government and guidelines from central ministries and sectors, timely submitting to the City People's Committee for publication on January 1, 2005, and January 1 of subsequent years.

Cooperate with the Department of Natural Resources and Environment to develop financial plans for land management in accordance with the content of this Directive.

9. To implement Circular No. 2162/BTNMT-ĐĐ dated July 2, 2004, of the Ministry of Natural Resources and Environment on the implementation of the 2003 Land Law during the period without guiding decrees and Circular No. 7760/TC-QLCS dated July 14, 2004, of the Ministry of Finance on implementing the Land Law. Entrust the Department of Natural Resources and Environment to monitor and compile reports on the implementation of the Land Law sent by units, and submit them to the City People's Committee monthly. The Department of Finance shall guide and monitor the implementation of compensation, land clearance, and resettlement work in districts and counties; promptly advise and propose solutions to the City People's Committee to resolve difficulties and obstacles in compensation and land clearance work, ensuring that investment projects in the city are not halted.

This Directive takes effect from the date of signature.

The City People's Committee requests the heads of city departments, district-county People's Committee Chairmen, ward-commune-town People's Committee Chairmen, heads of units, and individuals concerned to strictly implement this Directive.