Recently, the People's Committee of Cam Lam District (Khanh Hoa) issued a document announcing the temporary suspension of receiving and processing land use conversion applications of households and individuals in the area.
According to the above announcement, the suspension of processing this dossier is indefinite, only "until ensuring synchronization with approved planning maps or having written instructions from competent authorities".
Cam Lam District People's Committee announced to temporarily stop receiving and processing land use conversion applications of households and individuals in the area.
However, this has caused many conflicting opinions. Lawyers pointed out that the announcement of temporarily suspending the receipt and processing of land use conversion dossiers by the People's Committee of Cam Lam District is not in accordance with the law, seriously affecting the rights of the people.
Push the difficulty to the people
According to Lawyer Nguyen Hong Ha (Khanh Hoa Provincial Bar Association), the 2013 Land Law and the decrees guiding the implementation of the Land Law, land users are allowed to exercise their rights when they meet the conditions and procedures prescribed in the 2013 Land Law and the decrees guiding its implementation.
Specifically, the 2013 Land Law and its guiding decrees do not have provisions on suspending the reception or handling of procedures related to the implementation of land users' rights. Receiving requests from land users is the responsibility of the competent authorities, while resolving or rejecting specific requests from land users must be based on the law and guiding decrees.
"The announcement of Cam Lam District People's Committee is not a legal document, this is just a normal administrative document but the content of requesting to temporarily suspend the implementation of land users' rights is content that restricts the rights of land users. Invisibly, the administrative document of the district-level People's Committee suspends the validity of the 2013 land law system and related Government Decrees," affirmed Lawyer Ha.
According to lawyers, stopping the processing of land use conversion applications in Cam Lam district will affect people's rights.
Sharing the same opinion, Lawyer Tran Minh Cuong, Director of TMC Lawyers Law Firm (HCMC), said that planning and approval is the job of relevant state agencies and if there are any shortcomings, it should be from the authorities, not pushing the difficult part onto the people.
Lawyer Cuong analyzed that according to the Land Law, land users are allowed to fully exercise their rights. When the district-level administrative agency issues a notice to stop receiving and processing land use conversion applications of households and individuals, in principle, this is not in accordance with relevant legal regulations, seriously affecting the rights of the people.
"From a professional perspective, this announcement is not in accordance with relevant legal regulations, because we must determine that the fault lies not with the people but with the authorities in the process of planning and approval. Regarding this, the authorities must resolve it so as not to let the files get stuck, directly affecting the rights of the people," said Lawyer Cuong.
What does Cam Lam District People's Committee say?
Talking with Thanh Nien reporter, Mr. Ngo Van Bao, Chairman of Cam Lam District People's Committee, said that the district's advisory agencies had carefully considered and considered the issuance of the above notice. The district's land use planning until 2030 and the Cam Lam District Land Use Plan for 2023 have been approved by Khanh Hoa Provincial People's Committee. However, in the process of implementing land use conversion, it is required to be consistent, while the above planning and plan are not specific, accurate, or consistent, causing many difficulties. That is why the district People's Committee has just announced the temporary suspension of receiving and processing land use conversion dossiers of households and individuals in the area. "The provincial planning is already available, but the specialized agencies have not been specific enough, so it is not consistent. When it is consistent, the conversion will continue, not stop completely," said Mr. Bao.
According to the announcement of Cam Lam District People's Committee on temporarily stopping receiving and processing land use conversion dossiers of households and individuals in the area, the district's land use planning until 2030 and the land use plan for 2023 of Cam Lam District have been approved by Khanh Hoa Provincial People's Committee.
However, the above land use planning and plan are not consistent with the Khanh Hoa Provincial Planning for the period 2021 - 2030, with a vision to 2050, approved by the Prime Minister. The reason is that at the time of land use planning, there was no orientation to develop Cam Lam District into a modern, ecological, international-class ready-to-fly urban area in the spirit of Resolution No. 09-NQ/TW of the Politburo on building and developing Khanh Hoa Province to 2030, with a vision to 2045.
At the same time, pursuant to Clause 4, Article 11, Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government (amended and supplemented in Clause 9, Article 1 of Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government) stipulates: "After the provincial planning is approved, if the district-level land use planning conflicts with the provincial planning, it must be adjusted accordingly".
Pursuant to Clause 3, Article 4, Law on Planning dated November 24, 2017, which stipulates the basic principles in planning activities, specifically: "Ensuring compliance, continuity, inheritance, stability, and hierarchy in the national planning system".
A representative of the Khanh Hoa Department of Natural Resources and Environment said that the conversion of land use purposes for households and individuals according to the law is under the authority of the district-level People's Committee to decide. "Regarding the reason for stopping the conversion of land use purposes, the Cam Lam District People's Committee is responsible for answering. As for the Department of Natural Resources and Environment, only when the province gives instructions will they intervene from a professional perspective," he said.
In September 2022, Nha Trang City People's Committee also issued a document to temporarily suspend land division to prevent the situation of land donation for road opening and illegal land division.
However, this document received many reactions from the people, after that, Chairman of Nha Trang City People's Committee Nguyen Sy Khanh issued a notice requesting the Nha Trang Land Registration Office Branch to consider resolving the land division according to its authority, in accordance with the provisions of the law and ensuring the legitimate rights and interests of the people, not allowing cases of illegal land division and sale.
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