Implementation of the 2024 Land Law is still facing difficulties

Decrees, circulars, and documents guiding the implementation of the 2024 Land Law are available, but in practice, there are still many problems in their application.

Practical application is still stuck

Mr. Nguyen Toan Thang, Director of the City Department of Natural Resources and Environment, assessed that the early effect of the 2024 Land Law is both an opportunity and a challenge for localities in implementing, developing and promulgating legal documents under the authority of the province and city.

To date, 16/16 documents guiding the implementation of the 2024 Land Law have been issued, including 9 Decrees. The City Department of Natural Resources and Environment is presiding over and advising the City People's Committee on 10 legal documents; 4 departments (including Planning and Investment, Construction, Agriculture and Rural Development, Labor, War Invalids and Social Affairs) are advising on 5 legal documents.

According to Mr. Thang, the Land Law regulations, decrees, circulars, and guiding documents are available. However, "in practice, there are still many things that people understand differently, or have questions about". The Department is developing a plan to disseminate, implement, and train on the Land Law and guiding decrees for implementation in the City.

Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment of Ho Chi Minh City. Photo: Trong Tin

A representative of the Land Management Department ( Department of Natural Resources and Environment) said that this agency is handling procedures for land allocation, leasing, and change of land use purpose in cases of land use fee exemption, but is facing many difficulties.

Clause 3, Article 157 stipulates that in cases of exemption from land use fees and land rent, procedures for determining land prices are not required and land use fees and land rents are not required. Land users also do not have to apply for exemption or reduction of land use fees and land rents.

According to this person, previously, the law stipulated that the competent authority to decide on exemption of land use fees and land rent was the Director of the Tax Department for organizations, and the Director of the Tax Branch for individual households.

However, there are currently three procedures. The first is land allocation, land lease, and land use purpose change in cases where land prices are determined according to the land price list; the second is according to specific land prices, and the third case is auction.

“In the Decision forms 04A, 04B, 04C issued with Decree 102/2024 , it is instructed that in case of calculating fees according to the land price list, the specific land price must be recorded according to the decision; for specific land prices, the land management agency is assigned to calculate land use fees and land rent; but in case of exemption from land use fees, there is no instruction. It is not clear which agency has the authority to decide on this exemption from land use fees,” he questioned.

In response, Ms. Doan Thi Thanh My, Director of the Department of Land (Ministry of Natural Resources and Environment), said One of the very new points of the 2024 Land Law is that if land users are exempted from land use fees, they do not have to complete paperwork and the competent authority does not have to determine the land use fees.

“The exemption cases are clearly stipulated in Article 18 of Decree 102. In such cases, we can identify them just by looking at the subjects in the regulations. Therefore, we do not have to waste another A4 sheet of paper from state agencies,” she said.

Projects revoked due to slow implementation will be made public

One of the issues that is receiving much attention is Article 81 of the 2024 Land Law, which stipulates cases of land recovery due to violations of land laws.

Many officials from the HCM City Department of Natural Resources and Environment reported that there are still many problems with the practical application. Photo: Trong Tin.

In which, the State allocates, leases, allows change of land use purpose, recognizes land use rights, receives transfer of land use rights to implement investment projects but is not used after extension, the State will reclaim the land without compensation for land, assets attached to land and remaining investment costs on land.

Other cases of land revocation include land users who do not fulfill their financial obligations to the State; land for annual crops and aquaculture that has not been used for 12 consecutive months, land for perennial crops that has not been used for 18 consecutive months...

However, the opening point of the Law is that these cases will not apply to force majeure cases.

Ms. Doan Thi Thanh My said that Article 31 of Decree 102 stipulates force majeure cases to be applied in handling the above cases.

Specifically, there are 7 cases of force majeure and objective obstacles according to the provisions of civil law that directly affect land use, including: Natural disasters, environmental disasters; Fire, epidemics; War, national defense and security emergencies; Other cases according to the provisions of the law on emergencies;

In addition, in cases where competent state agencies apply temporary emergency measures, seize or freeze land use rights and assets attached to land in accordance with the provisions of law, and then the land user is allowed to continue using the land;

Administrative decisions and administrative acts of competent state agencies are objective obstacles, not due to the fault of the land user, directly affecting land use; Other cases are decided by the Prime Minister upon the proposal of the Provincial People's Committee or the Minister of the specialized management ministry.

The Decree also clearly stipulates the responsibility of the Provincial People's Committee to organize the review, handling and public announcement on the Provincial People's Committee's electronic information portal of investment projects that do not put land into use for 12 consecutive months or are 24 months behind schedule in land use compared to the schedule stated in the investment project. Projects that are extended; projects that are behind schedule in land use due to force majeure.

At the same time, the provincial People's Committee must provide information for public disclosure on the electronic information portal of the Ministry of Natural Resources and Environment or the competent land management agency under the Ministry of Natural Resources and Environment.

On this point, Mr. Dao Trung Chinh, Director of the Department of Land Resources Planning and Development (Ministry of Natural Resources and Environment) paid special attention.

He said that recently, many Departments of Natural Resources and Environment sent official dispatches to the remaining 62 Departments of Natural Resources and Environment during the process of handling land procedures. He suggested not to do so.

“You continue to send the list of violating investors to the Ministry of Natural Resources and Environment, and when the Departments of Natural Resources and Environment handle the procedures, you only need to send an official dispatch to the Ministry to be provided with information,” Mr. Chinh added.

Source: https://baodautu.vn/batdongsan/thuc-thi-luat-dat-dai-2024-van-thay-vuong-d227295.html