Deputy Head of the Ha Tinh National Assembly Delegation Tran Dinh Gia proposed to supplement the posting of land reclamation notices, unify the time limit for handling complaints and denunciations related to land and many other important contents...
On the morning of January 15, in the program of the 5th Extraordinary Session, the 15th National Assembly discussed in the hall the draft Land Law (amended). Vice Chairman of the National Assembly Nguyen Duc Hai chaired the discussion session. |
The chair conducts the discussion.
Expressing his agreement with the comments that have been received, explained and adjusted in this draft law, Deputy Head of the Ha Tinh National Assembly Delegation Tran Dinh Gia proposed to supplement the posting of land recovery notices; handle cases of unimplemented or damaged or lost land registration dossiers; supplement the subjects implementing urban and rural residential area improvement projects; unify the time limit for resolving complaints and denunciations related to land...
Regarding the order and procedures for compensation, support, resettlement, and land recovery for national defense, security, and socio-economic development purposes for the national and public interest in Article 87 , the Deputy Head of the Ha Tinh National Assembly Delegation commented at Point b, Clause 2, suggesting adding the phrase "or provincial level": "...In case of failure to contact and failure to send land recovery notice to the person whose land is recovered, the notice shall be published in one of the central or provincial daily newspapers for 3 consecutive issues and broadcast on the central or provincial radio or television 3 times in 3 consecutive days...", to avoid inconvenience, arising administrative procedures, and ensuring feasibility.
It is proposed to remove the provision in Clause 5 regarding the content "The People's Committee at the competent level to recover land shall issue a decision to recover land within 10 days from the date..." because it is not feasible due to the transition period for adjusting the unit price of property compensation prescribed by the Provincial People's Committee (changing the unit price of compensation between the later unit price and the previous unit price); at the same time, the provisions in Points a, b, c, d, dd, e, g of this Clause are proposed to be merged into the provisions in Point c, Clause 3, Article 87.
Deputy Head of the National Assembly Delegation of Ha Tinh Tran Dinh Gia spoke.
Regarding the issuance of land use right certificates and property ownership certificates attached to land for households, individuals, and residential communities using land with land use right documents in Article 137 , delegate Tran Dinh Gia proposed at point e, clause 1 to add detailed regulations "in cases where the commune-level locality has not implemented or has implemented but the land registration dossier is damaged or lost according to Directive No. 299-TTg dated November 10, 1980 of the Prime Minister on land measurement, classification and registration, the provincial People's Committee shall prescribe conditions and criteria for determination in accordance with the actual situation in the locality", because on this content, Ha Tinh province has asked for opinions and received written approval from the Government, the Ministry of Natural Resources and Environment, and the Ministry of Justice. The Ha Tinh Provincial People's Committee has specifically prescribed to implement according to the provisions of the 2013 Land Law and is very effective in practice; thereby ensuring fairness and policy consistency, it is recommended to supplement the above provision.
Commenting on land use for urban and rural residential area beautification in Clause 3, Article 198 , the Deputy Head of the Ha Tinh National Assembly Delegation proposed to add the subject of urban and rural residential area beautification projects as "state agencies". Because the goal of urban beautification is to renovate and rebuild old apartment buildings, residential areas that are polluted, at risk of landslides, subsidence, affected by natural disasters that threaten people's lives; or to relocate constructions, production and business establishments that must be relocated due to environmental pollution according to regulations or to arrange resettlement; residential areas with seriously degraded infrastructure and not in accordance with planning.
Meanwhile, these areas may not be in favorable locations to attract investment. Therefore, adding the implementing entity “state agencies” is necessary to ensure the rights and social security of the people.
Overview of the meeting.
Article 242 on receiving and handling violations of heads, civil servants, and public employees of land management agencies at all levels and civil servants working in communal-level cadastral work , Clause 2 stipulates: "Within no more than 30 days from the date of receiving the petition, the Chairman of the People's Committee or the head of the land management agency specified in Clause 1 of this Article shall be responsible for considering, resolving and notifying in writing the petitioner."
However, according to Article 28 of the 2013 Law on Citizen Reception, “Within 10 working days from the date of receiving the content of the complaint, denunciation, petition, or reflection, the citizen reception officer is responsible for responding directly or notifying in writing the person who has come to make the complaint, denunciation, petition, or reflection.” Therefore, delegate Tran Dinh Gia proposed to consider ensuring a unified time limit for settlement and notify the petitioner in writing.
Dinh Trong - Quang Duc
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