Many inappropriate content

Land support policies will help mountainous people expand agricultural production areas. Illustrative photo.

That is the assessment of the Ethnic Committee of the Provincial People's Council on the draft Resolution regulating land support policies for ethnic minorities living in Quang Nam province (drafted by the Department of Natural Resources and Environment). According to the agenda of the 28th Session (taking place from December 4), the Provincial People's Council will consider this content.

Need separate policy

According to the draft Resolution regulating land support policies for ethnic minorities living in Quang Nam, the scope of this resolution regulates land support policies (residential land, agricultural land, non-agricultural land other than residential land for production and business) for ethnic minorities according to the provisions of Clause 1, Clause 2, Article 16 of the 2024 Land Law.

The draft resolution stipulates important contents related to land support policies for ethnic minorities such as land allocation limits; support contents; land fund and land use conditions; implementation costs...

Through the report of the Department of Natural Resources and Environment, discussion at the recent working session and review of relevant legal regulations, the Ethnic Committee of the Provincial People's Council believes that the content of the draft resolution still has some different opinions that need attention.

Regarding the policy content, according to the Ethnic Committee of the Provincial People's Council, regarding the regulations on land allocation limits in the draft, based on the provisions of the 2024 Land Law and related decrees, the Provincial People's Committee issued Decision No. 28 dated October 19, 2024 stipulating the allocation limits, the recognition limits of land use rights (LURs), the transfer limits of LURs, the minimum area for land division and consolidation for land types in Quang Nam.

Therefore, the draft resolution proposing the policy of "The Provincial People's Council stipulating the land allocation limit as stipulated by the Provincial People's Committee in Decision No. 28" to implement the land support policy for ethnic minorities is not appropriate and does not ensure the provisions of the law.

In implementing land support policies related to ethnic minorities within the limits prescribed by the Provincial People's Committee, specialized agencies, district and commune-level localities shall, based on the land fund of each locality, implement land allocation in accordance with the regulations of the Provincial People's Committee in Decision No. 28.

Regarding the support content, according to Mr. Dang Tan Phuong - Deputy Head of the Ethnic Committee of the Provincial People's Council, the cost of surveying, establishing cadastral records, granting certificates of land use rights, ownership of assets attached to land and other costs to implement land policies for ethnic minorities are allocated from the state budget and other legal capital sources, as stipulated in Clause 8, Article 16 of the Land Law and Clause 3, Article 8 of Decree 102/2024/ND-CP dated July 30, 2024 of the Government.

However, the drafting agency's re-regulation of support policies stipulated in the 2024 Land Law and the Government's guiding decrees in the draft legal resolution of the Provincial People's Council is not consistent with the provisions of the Law on Promulgation of Legal Documents 2015.

Thus, this is a general policy according to the provisions of the Land Law and the Government's decree, there is no separate policy according to the actual situation of the province. Regarding the provisions on land funds and conditions for implementing land use rights, after review, the provisions of these contents in the draft resolution are not under the authority of the Provincial People's Council.

Funding source unknown

An important content stipulated in the draft resolution is the implementation budget. Through reviewing the documents submitted with the draft resolution, the Ethnic Council of the Provincial People's Council found that the drafting agency has not mentioned the expected number of beneficiaries in mountainous districts; has not estimated the total budget and land fund to implement this policy in the period of 2025 - 2030.

Local budget sources are not clearly defined (how much is from the provincial budget, how much is from the district budget, and how much is from other legal sources).

Not to mention the provincial budget support, district budget participation and especially capital mobilization from central programs and policies.

The regulation on provincial budget compensation in the resolution is not specific and clear, while the funding source for land fund creation to implement this policy has not been estimated, causing difficulties in ensuring the province's budget balance...

In addition, the specialized agency has not yet assessed and determined the needs and number of subjects supported by the policy; has not specifically determined the land fund of each locality as well as the province (interspersed, concentrated; the land fund expected to implement the policy has been determined in the local and provincial planning) to implement the policy; the drafting agency builds the resolution according to the reverse process (after promulgating the policy, the number, subjects, land resources and implementation costs are determined).

According to the Ethnic Minority Committee of the Provincial People's Council, this is a major policy of the province, having a direct impact on the ethnic minority community, contributing to sustainable population stability and socio-economic development in mountainous areas.

Therefore, specialized agencies need to review legal regulations, focusing on the policy contents of Quang Nam province that are suitable to the actual conditions of ethnic minority areas and the province's ability to balance capital sources.

Investigate and survey, determine the needs and number of policy beneficiaries to develop a tight project. It is necessary to get opinions from affected subjects, policy beneficiaries..., to promptly submit to the Provincial People's Council.

Regarding land allocation limits, the draft Resolution stipulating land support policies for ethnic minorities living in Quang Nam province stipulates that for community living land: Ethnic minority communities are allocated land for community living with a minimum area of ^​​100m2 and a maximum of ^2,000m2 . For residential land: Individuals receiving support according to the provisions of Clause 2, Article 16 of the Land Law, the maximum land allocation limit shall not exceed the land allocation limit prescribed in Clause 1, Article 8 of Decision No. 28 dated October 19, 2024 of the Provincial People's Committee.

For agricultural land: Individuals receiving support under the provisions of Clause 2, Article 16 of the Land Law shall have the maximum agricultural land allocation limit not exceeding the agricultural land allocation limit under the provisions of Article 176 of the Land Law.

For non-agricultural land that is not residential land for production and business: Depending on the actual situation, customs and local land fund, the District People's Committee decides to lease land to individuals for each specific case to implement the land support policy according to the provisions of this resolution.

Source: https://baoquangnam.vn/quang-nam-xay-dung-chinh-sach-ho-tro-dat-dai-cho-dong-bao-dan-toc-thieu-so-nhieu-noi-dung-chua-phu-hop-3145006.html