Due to confusion, 13 provinces have not issued documents to implement the Land Law.

Người Đưa TinNgười Đưa Tin08/10/2024


On the afternoon of October 8, Deputy Prime Minister Tran Hong Ha chaired a national online conference on the implementation of the Land Law, Housing Law, and Real Estate Business Law.

Many documents are still under construction, waiting for comments.

Speaking at the online conference, Deputy Minister of Construction Nguyen Van Sinh said that in recent times, the Ministry of Construction has issued many guiding documents urging ministries, branches and localities to promptly issue detailed regulations and instructions on the implementation of the two laws under its authority.

Regarding documents under the authority of ministries and branches, the Ministry of Construction has issued 2 Circulars and 2 Decisions detailing and guiding the implementation of the Housing Law and the Law on Real Estate Business.

Up to now, the Ministry of Public Security, Ministry of National Defense, Ministry of Finance and State Bank of Vietnam have not issued or amended or supplemented documents detailing and guiding the implementation of the above two laws.

Do lúng túng, 13 tỉnh chưa ban hành các văn bản thi hành Luật Đất đai- Ảnh 1.

Deputy Minister of Construction Nguyen Van Sinh speaks at the Conference (Photo: VGP).

According to the latest report from localities on the issuance of documents guiding the implementation, 13 localities have issued documents detailing the Housing Law, including: Lao Cai, Lai Chau, Bac Ninh, Phu Tho, Yen Bai, Bac Giang, Thai Nguyen, Ha Nam, Hai Duong, Da Nang, Binh Dinh, Tay Ninh, Ca Mau.

50 localities have not yet issued, of which 10 localities have completed the construction and are submitting to the Provincial People's Committee for consideration and issuance; 40 localities are in the process of construction or are submitting for appraisal opinions from the Department of Justice.

At the same time, Deputy Minister of Natural Resources and Environment Le Minh Ngan also shared that the Ministry of Natural Resources and Environment has issued many documents to proactively urge and guide localities to organize the implementation of the Land Law.

To date, 50/63 provinces and cities have issued a number of documents detailing the implementation of the Land Law. However, no locality has issued all legal documents under its jurisdiction.

There are 13 provinces and cities that have not issued documents, including Cao Bang, Ninh Binh, Quang Nam, Quang Ngai, Gia Lai, Dak Nong, Tien Giang, Can Tho, Bac Lieu, Ca Mau, Phu Yen, Binh Phuoc and An Giang.

Many shortcomings in land use rights auction

In addition to the achieved results, through monitoring, grasping the situation, reflections from information agencies and reports from localities, representatives of the Ministry of Natural Resources and Environment also frankly acknowledged that the implementation organization still has some shortcomings.

Firstly, despite being active and proactive, most localities still face difficulties and confusion, so they have not promptly and fully issued documents to implement the laws under their authority.

Therefore, a complete and synchronous legal corridor has not been created, the effectiveness and efficiency of the innovative regulations of land law have not been maximized, and the requests of people and businesses in accessing land have not been promptly resolved.

Second, in localities during the 2021 - 2024 period, the Land Price List was not or was not regularly adjusted according to the provisions of the 2013 Land Law. Now, when adjusting, the adjustment is made with a large difference, causing people and businesses to react because the amount of money they have to fulfill financial obligations on land will increase compared to when applying the old land price list (the number of these localities is not much).

Do lúng túng, 13 tỉnh chưa ban hành các văn bản thi hành Luật Đất đai- Ảnh 2.

Deputy Minister Le Minh Ngan (Source: VGP).

Third, the auction of land use rights also recorded many shortcomings; localities lacked initiative in creating land funds for auction; some subjects participated in land auctions with the purpose of speculation, manipulating prices by pushing up prices, inflating prices and reselling immediately to make profits or creating virtual price levels for surrounding areas, even after the auction, some subjects did not pay land use fees on time according to auction regulations, there were signs of abandoning deposits, causing bad public opinion in some localities.

In addition, there are cases where the Land Price List has not been adjusted in time, much lower than the actual land price level, leading to a large difference between the auction winning price and the starting price, which also attracts many bidders to make a profit.

"Through understanding the above situation, it can be seen that the problems that have arisen recently stem from poor implementation in some localities.

Therefore, it is necessary to strengthen leadership and direction in the organization and implementation to limit shortcomings and obstacles in the process of implementing the Land Law," Deputy Minister Le Minh Ngan emphasized.

Strengthen inspection, examination and handling of violations

Faced with the above situation, the Ministry of Natural Resources and Environment recommends that the Government and the Prime Minister continue to direct a number of contents on further strengthening the leadership and direction of Party committees and local authorities, concentrating resources, overcoming difficulties, and promoting the responsibility of leaders to focus on building and perfecting documents under their authority.

Specifically, management agencies need to pay attention to preparing conditions for effective implementation of the Land Law at the local level.

Along with that, it is necessary to prepare well the conditions of resources, information infrastructure, land database to build land price list according to the provisions of the 2024 Land Law, with impact assessment, close coordination between relevant agencies in the process of building land price list to apply from January 1, 2026.

When organizing land auctions, localities must publicize planning, adjust land price lists, and publicize deposit-abandoning subjects to limit subjects from taking advantage of land auctions to profit, inflate prices, and disrupt the real estate market.

In particular, strengthen inspection, examination and handling of violations by state management agencies and land users. In the immediate future, step up inspection of the implementation of the 2024 Land Law in localities.



Source: https://www.nguoiduatin.vn/do-lung-tung-13-tinh-chua-ban-hanh-cac-van-ban-thi-hanh-luat-dat-dai-204241008165159028.htm

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