Identify the shortcomings

In a location like Hoi An City, land is always fluctuating and bustling. Land transactions only need to be temporarily suspended for a short time to have a huge impact. Illustration: QT

Outstanding issues

At the discussion "Land Law 2024 and practical issues in Hoi An City" recently held, delegates pointed out a number of outstanding issues that have caused difficulties for local people in exercising their legitimate rights related to the land sector in recent times.

For example, the deadline for registering changes in land use rights; the status of recognizing residential land; measuring, issuing extracts, measuring land plots; updating mortgage registration...

Lawyer Le Thi Thanh Van - Le Van Notary Office informed that the measurement and excerpt for many objective and subjective reasons do not guarantee the time, the time is too long, even the land use right certificate (LC) cannot be measured and excerpted, so it is impossible to issue a replacement, and the rights of the owner and user cannot be exercised.

A seminar on the 2024 Land Law and practical issues recently took place in Hoi An City. Photo: QT

Or like the registration of residential land recognition according to Directive No. 299 of the Prime Minister in 1980, currently there are many cases where residential land is not recognized even though they used it stably before 1980 and were recorded in the inventory book.

Because the inventory book is not considered a cadastral book or land registration book, it does not have a legal basis, causing a lot of frustration and complaints to state agencies...

In addition, the issuance of land use right certificates by Hoi An City People's Committee for cases of land plot use purpose change is being delayed because the provincial authority has not yet issued the certificate blanks.

Mr. Nguyen Minh Ly - Vice Chairman of Hoi An City People's Committee said that due to historical factors regarding land, in the past there was a different measurement method but now using the coordinate system, the area, boundaries and other factors of the land plot will certainly fluctuate.

Hoi An City People's Committee has proposed that the province consider the inventory book and map sheet established after December 18, 1980 as one of the valid documents on land use rights in the draft regulations on compensation, support, and resettlement when the State reclaims land in Quang Nam province.

If considered valid documents, it will solve two goals: to correct previous cases where the Land Use Right Certificate was issued with incorrect content, and cases that have not been issued will be eligible for the issuance of Land Use Right Certificate.

Concerned about the K factor

Document No. 6612 of the Provincial People's Committee stipulates the temporary suspension of handling records related to the implementation of financial obligations on land for cases in locations with land price adjustment coefficients (coefficient K) greater than 1 from August 1, 2024 to December 31, 2024 (or until there is another directive document from the Provincial People's Committee). This issue is causing concern for related entities, especially in urban areas.

The Provincial People's Committee has just issued a regulation to temporarily suspend the settlement of dossiers related to the implementation of financial obligations on land for cases in locations with land price adjustment coefficient (coefficient K) greater than 1. Illustration photo: QT

Mr. Nguyen Minh Ly said that in an area like Hoi An City, land is always fluctuating and bustling. Land transactions only need to be temporarily stopped for a short time to have a huge impact.

Recently, there was a case of transferring land from one person to another but it was not possible, it had to stop according to the general policy of the province until the new land price list was adjusted and implemented.

Mr. Nguyen Van Hai - Head of Hoi An Notary Office, Vice Chairman of Quang Nam Province Notary Association said that the document was issued but notary organizations were not aware of it, leading to some files that had been notarized and submitted to competent authorities for registration of name change but had their tax calculation stopped and files returned, seriously affecting the rights of the people.

Mr. Hai added that for key areas such as Hoi An City or Tam Ky City, more than 50% of the routes have a coefficient adjustment greater than 1.

Meanwhile, these routes have high liquidity, leading to a decrease in the number of real estate transactions, not only affecting civil transactions but also affecting state budget revenue.

According to lawyer Le Thi Thanh Van, with previously signed real estate deposit contracts, if the contract for transfer and transfer of ownership cannot be notarized during the suspension period, there is a risk of litigation disputes arising among the people, complicating civil relations.

Therefore, competent authorities need to soon issue a land price list that is close to reality to serve as a basis for civil transactions to be conducted smoothly, ensuring the legitimate rights and interests of the people.

Source: https://baoquangnam.vn/quan-ly-dat-dai-tai-hoi-an-nhan-dien-nhung-bat-cap-3142189.html