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| The Public Administrative Service Center of Phu Ly ward, Ninh Binh province__Photo: VNA |
From July 1, commune-level authorities are officially empowered to carry out 14 land-related administrative procedures, including five related to land registration and land use rights certificates, five concerning land allocation, lease and repurposing, and four for other affairs.
Such is part of Decision 2304/QD-BNNMT recently issued by the Ministry of Agriculture and Environment, which announces administrative procedures in the land sector under the Ministry’s state management.
Specifically, the procedures for land registration and land use rights certificates (LURCs) carried out at the commune level include re-determination of residential land areas for households and individuals who received LURCs before July 1, 2004; correction of errors in first-time granted LURCs; revocation of LURCs issued in violation of the land law based on reports by land users or owners of land-attached assets; and re-grant of revoked LURCs. Noteworthily, the provisions on procedures for grant of LURCs apply not only to domestic land users but also overseas Vietnamese.
In addition, commune-level authorities will carry out land and land-attached asset registration and issue certificates of land use rights and ownership of land-attached assets for the first time for organizations currently using land, and individuals, residential communities, households, and overseas Vietnamese.
As for land allocation, lease and repurposing, commune-level administrations will complete administrative procedures in case of land allocation or lease not carried out through land-use right auctions or bidding for investor selection in land-use projects, as well as procedures for land allocation or lease involving bidding for investor selection for such projects. They will further carry out procedures for land and forest allocation or lease, and extend land use duration.
Procedures for changing land allocation or lease methods will also fall within the competence of commune-level administrations.
Communes will have the authority to modify decisions on land allocation, lease or repurposing when there are changes in legal grounds and to adjust land use durations for investment projects.
They will also handle adjustments to land-related decisions in case of discrepancies in boundaries, location, area or land use purposes among planning maps, cadastral maps, and actual handover data.
Commune-level administrations are competent to allocate residential land with land use levy, not through auction or investor selection bidding, to individuals such as military officers, civil servants, teachers and healthcare workers in border or island communes with difficult or extremely difficult socio-economic conditions, as well as to local residents who have not yet been allocated land or granted housing support from the State.
Under the Decision, other procedures to be performed at the commune level include donation of land use rights to the State or communities, or for road expansion when no LURC has been issued; application for multi-purpose land use and extension of multi-purpose land use plans; settlement of land disputes under the competence of commune-level People’s Committee chairpersons; and mediation of land disputes falling under commune-level competence.- (VLLF)
