In this Draft Land Law (amended), these policies have been and are being further improved to remove obstacles in previous implementation.
At the 5th Session of the 15th National Assembly, in response to questions, Minister and Chairman of the Ethnic Committee Hau A Lenh said that the shortage of residential land and production land for ethnic minorities has been a burning issue for many years but has not been completely resolved. According to statistics up to 2019, the demand for residential land of ethnic minorities is about 24 thousand households and production land is over 43 thousand households.
Resolution 18, 5th Central Conference, 13th tenure on "continuing to innovate, perfect institutions and policies, improve the effectiveness and efficiency of land management and use, creating momentum to turn our country into a developed country with high income", has set the goal of fundamentally resolving existing problems and difficulties related to residential land and production land for ethnic minorities in general.
Putting the Resolution into practice, recently, Politburo member, Standing member of the Secretariat, Head of the Central Organization Committee Truong Thi Mai paid special attention to residential land, production land, taking care of the people's lives, material and spiritual, especially ethnic minorities, and affirmed that without good policies in the Land Law, people will continue to suffer and will not be able to solve the problem of residential land and production land. Therefore, we continue to pay attention to the lives of forest workers, mainly ethnic minorities. Ms. Truong Thi Mai requested the Government, the National Assembly and relevant agencies to pay close attention. Regarding the Party's guidelines and viewpoints, efforts must be made to amend any areas that are not institutionalized.
“This time, I hope the revised Land Law will pay more attention to residential land and production land of ethnic minorities. Life is vital, when life is good, no one can incite, security is guaranteed, and poverty is reduced sustainably,” said Ms. Truong Thi Mai.
Speaking at the consultation session on the Draft Law on Land (amended) recently organized by the National Assembly's Economic Committee, Deputy Minister of Natural Resources and Environment Le Minh Ngan said that when designing land policies for ethnic minorities in the Draft Law on Land (amended) submitted to the National Assembly at the 5th session, the Ministry of Natural Resources and Environment built on the basis of inheriting the regulations issued by the Government.
At the same time, implementing the direction of the Standing Secretariat, the Government and on the basis of receiving comments from National Assembly deputies, the Ministry of Natural Resources and Environment and the National Assembly's Economic Committee will perfect the land policy for ethnic minorities in the Draft Law to remove existing problems and obstacles in practice.
Accordingly, the Draft has added a number of prohibited acts when trading land with ethnic minorities, regulations on land recovery to create land funds for allocation and lease to ethnic minorities; regulations on financial mechanisms for implementation...
Clarifying this issue, Mr. Phan Duc Hieu - Standing Member of the Economic Committee said that the Draft Law has revised the provisions in Article 17 on the State's responsibility for land for ethnic minorities.
In particular, it clearly stipulates the policy of ensuring land for community activities for ethnic minorities and the policy of allocating and leasing residential and production land to ethnic minorities who are poor households in areas with difficult or especially difficult socio-economic conditions to ensure their livelihood. Regarding the policy of allocating residential and production land, the Draft Law clearly stipulates the first allocation and leasing of land and continued allocation and leasing of land to ethnic minorities who have no more land or lack agricultural land compared to the quota after being allocated and leased land for the first time.
In addition, the Draft also amends the provisions in Article 49 on the case of conditional land use rights. Accordingly, ethnic minorities who are allocated land or leased land for the second time can give it to a person in the line of inheritance and leave it for inheritance; in case they move away from the area where they are living, the land will be recovered and compensation for assets attached to the land will be paid. The recovered land area will be used to continue allocating land to other individuals who are ethnic minorities.
According to the Ethnic Committee, in the period 2016 - 2020, 9,523 households were supported with residential land with an area of 72 hectares; 3,900 households were supported with production land with an area of 1,283 hectares. Thereby, ethnic minority households have stabilized their housing, have production land, have jobs to earn a living, gradually stabilize their lives, and reduce the rate of spontaneous nomadic households from 29,718 nomadic households in 2009 to 9,300 nomadic households in 2021.
At the same time, it is left for members of the household to continue using the allocated or leased production land. In case the person who continues to use the land does not have the need to use the land, the State will reclaim the land to continue allocating or leasing the land to other individuals who are ethnic minorities.
In particular, it is not allowed to transfer, contribute capital, donate or inherit land use rights in cases other than the above two cases. In addition, land use rights cannot be mortgaged except in the case of mortgage at the social policy bank.
To ensure land funds for implementing land policies for ethnic minorities, the Draft also adds provisions on land recovery to implement projects on land allocation for housing and production for ethnic minorities. Accordingly, land for implementing policies as prescribed in Article 17 is allocated from the land fund managed by the State but not yet used as prescribed in Clause 1, Article 112 (including land due to the arrangement and renovation of agricultural and forestry companies using land of agricultural and forestry origin) and land recovered from projects as prescribed in Point m, Clause 3, Article 79.
Mr. Vu Kien Cuong - Head of Ethnic Minorities Committee of Quang Ninh province
Promote support for residential land and production land to help ethnic minority areas stabilize their lives.
Currently, Quang Ninh is one of the leading provinces in the country in implementing 3 National Target Programs for the period 2021 - 2025, especially the National Target Program on socio-economic development in ethnic minority and mountainous areas.
In recent years, Quang Ninh has had many mechanisms and policies on social security, health, education, credit and social policies, especially policies to support residential land and production land for people, especially ethnic minority areas in mountainous districts such as Binh Lieu, Ba Che, Tien Yen, Dam Ha. At the same time, effectively implementing the Project on land and forest allocation, policies to support residential land and production land in ethnic minority areas, mountainous areas, border areas and islands according to the National Target Program on socio-economic development of ethnic minority and mountainous areas.
Specifically, in the period of 2017 - 2020, Quang Ninh province has disbursed nearly 60 billion VND to support residential land, production land, domestic water, and production capital for over 4,200 households. With the support capital, thousands of households, especially ethnic minority areas, have stabilized their houses, have materials, production land, and capital for farming and raising livestock, and strive to escape poverty sustainably. To promote socio-economic development in ethnic minority, mountainous, border and island areas, Quang Ninh has continued to make breakthroughs in focusing and prioritizing resources. In the three years of 2021 - 2023, it has prioritized the allocation of 2,633 billion VND of provincial budget capital for the National Target Program for the period 2021 - 2025. In 2023 alone, Quang Ninh is promoting the implementation of support policies for more than 270 households with temporary and dilapidated houses with a support budget of over 19 billion VND from socialized capital. This is an important policy to help hundreds of households in the province with difficult circumstances in terms of land and housing to live in solid houses and stabilize their lives.
In the coming time, Quang Ninh province will continue to implement policies to support residential land, housing, and production land for ethnic minority areas in mountainous, border, and island areas, especially in communes that have just emerged from difficult areas and communes and villages that have just emerged from extremely difficult areas in the province, contributing to stabilizing and gradually improving the lives of ethnic minority people in the area.
Mr. Ho Van Phuong - Deputy Head of Ethnic Minorities Committee of Can Tho City
There needs to be a more suitable land policy for ethnic minorities.
In addition to implementing land policies for ethnic minorities in the city, the Ethnic Minorities Committee of Can Tho City has also actively participated with departments, branches and localities in contributing many enthusiastic opinions on land regulations for ethnic minorities in the Draft Land Law (amended).
The Ethnic Minorities Committee of Can Tho City has agreed on land policies for ethnic minorities as stipulated in Article 17 of the Draft Land Law (amended). The Draft Law has also added the State's responsibility for land for ethnic minorities in accordance with the customs, practices, cultural identity and actual conditions of each region, in order to institutionalize the Party and State's viewpoints on ethnic minorities.
However, in reality, without residential land and production land, it will be difficult to manage and implement other policies for ethnic minorities. Therefore, the Ethnic Minorities Committee of Can Tho City recommends that competent authorities consider having a provision of "priority" instead of the phrase "creating conditions" (Clause 2, Article 17) to arrange residential land and production land for ethnic minorities so that they can settle down, feel secure in production, and stabilize their lives.
The Ethnic Minorities Committee of Can Tho City also requested the competent authority to amend and supplement the provisions in Clause 1, Article 40 of the Draft Land Law (amended): “The State allocates land without collecting land use fees to households and individuals who are ethnic minorities in areas with special socio-economic difficulties, border areas, islands…” to ensure the rights and obligations of the community using the land.
Because, currently, localities are promoting the construction of new rural communes, the areas of special economic and social difficulties will decrease; at the same time, there are also some localities that currently no longer have special economic and social difficulties, no borders and islands, but there are still poor and disadvantaged ethnic minority households and individuals in need of land allocation, such as Can Tho City.
Mr. Pham Thai Son - Vice Chairman of Van Chan District People's Committee
Attention to granting red books to people in highland areas
In recent times, the work of granting Land Use Right Certificates (LURCs) to people in the highlands has always been of interest to Van Chan district. Up to now, over 80% of people in the highlands have been granted LURCs for the first time.
The District People's Committee has focused on directing specialized agencies to coordinate with the Commune People's Committees to speed up the progress of granting first-time land use right certificates to people, especially in mountainous and extremely disadvantaged communes.
In the first 7 months of 2023, the District People's Committee granted 165 first-time land use right certificates to households and individuals in the district; in addition, many cases were eligible for issuance.
The land use rights certificate has been measured and the documents are being completed according to regulations.
For people in the highlands and ethnic minority areas of the district, many households have not yet completed the procedures for granting land use right certificates due to limited awareness and low legal knowledge. This has caused certain difficulties for state management of land in the area, especially in resolving land disputes and complaints.
In addition, not being granted a land use right certificate also affects the enjoyment of State support policies for households and individuals in particularly difficult areas in the area.
Currently, Yen Bai province has been implementing a project to measure and map cadastral maps in Van Chan district. In the coming time, the district People's Committee will closely coordinate with the Department of Natural Resources and Environment, relevant agencies and units to soon implement the project, as a basis for carrying out procedures to grant land use right certificates to people according to regulations.
Along with that, to raise awareness for people, especially ethnic minorities in the work of granting land use right certificates, the District People's Committee assigned the Department of Justice to coordinate with relevant agencies to direct communes and towns to improve the effectiveness and quality of propaganda, dissemination and education of land law through various forms.
This helps people understand the necessity and significance of the Land Use Right Certificate for the implementation of land user rights. Thereby, people proactively coordinate with competent authorities to carry out procedures for granting Land Use Right Certificates.
Thanh Nga - Pham Hoach - Le Hung (summary)
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