Chỉ thị 01/CT-TTg

DIRECTIVE

ON IMPLEMENTATION OF LAND LAW

At the 6th Session of National Assembly XIII the Land Law has been adopted with effect from 1 July 2014. The Land Law is an important law with great significance for social stability and meets the requirements for economic - social development, national defense, security and international integration of the country; ensures strict and efficient land management, rational and thrifty use, promotes the administrative reform to ensure publicity, transparency and democracy in land management.

To ensure the conditions for the implementation of the Law, create visible changes on the management and use of land, making the land management into order and discipline towards modernization, the Prime Minister requires the Ministers and Heads of ministerial-level organs and governmental organs, Chairman of People's Committees of provinces and centrally-run cities to immediately organize the implementation of the following:

1. Promptly prepare all conditions for implementation of the Land Law.

a) Carry out the dissemination and education of law on land.

The Ministry of Natural Resources and Environment is responsible for developing and implementing the program of dissemination and education of law on land and improving the awareness of policies and laws on land to organs, organizations, households, individuals and residential community especially to the ethnic minorities.

People's Committees of provinces and centrally-run cities are responsible for directing the Departments, sectors, television and radio organs and press agencies to implement the dissemination and education of law on land to the local organs, organizations and individuals.

The Central Propaganda Department is required to focus on good implementation of propagation and dissemination of law on land so that the law really comes to life.

The Ministry of Information and Communications is responsible for directing the central and local press and news agencies to plan the propagation and dissemination of law on land in any form to each organization and citizen; directing the publication and issuance of printed matters on land law, including the ones in ethnic language for wide dissemination among people in all areas and regions in the country.

The Voice of Vietnam, Vietnam Television and other press and news agencies have the responsibility to propagate and popularize the contents of the Land Law and the sub-law documents; open special page and column to introduce the significant contents of innovation of the Land Law.

The Vietnam Fatherland Front and its member organizations such as Vietnam Farmers’ Association, Vietnam Women's Union, Ho Chi Minh Communist Youth Union and other organizations are required to prepare and implement the program of dissemination of law on land to their members.

The dissemination and education of law on land must be done regularly and continuously with practical information and form consistent with each subject. Immediately, in the first quarter and second quarter of 2014, open the dissemination and propagation of Land Law widely in people upon its effect.

b) Build the system of legal normative documents related to the implementation of Land Law.

The Ministry of Natural Resources and Environment shall take charge and coordinate with the other relevant Ministries and sectors to request the Government to stipulate in detail a number of articles of the Land Law and Decree on methods of determining the specific land price, land price frame, land price list and giving advice on land price valuation, Decree on handling of administrative violation in land area; take charge and coordinate with other relevant Ministries and sectors in reviewing the system of circulars, joint circulars issued in 2013 and earlier in order to modify or supplement in accordance with the Land Law and the Decrees detailing the implementation of the Law; direct and inspect the issuance of legal normative documents on land under the authority specified in the Land Law and other Decrees stipulating in detail the implementation of the Law of localities;

The Ministry of Finance shall take charge and coordinate with other relevant Ministries and sectors shall submit the Decree on collection of land use fees, Decree on collection of land rent and water surface rent fees to the Government; review, prepare and issue Circulars and Joint Circulars under the assigned functions and duties in accordance with the Land Law and other Decrees stipulating in detail the implementation of the Law.

The Ministries and organs directly under the Government shall review the legal normative documents under their management concerning the contents of management and use of land to modify or supplement or submit them to the competent authorities for modification or supplementation in accordance with the provisions of Land Law.

During the course of formulation and appraisal of legal normative documents with their contents related to land, the Ministries and sectors must ensure the provisions of such documents are consistent with the Land Law.

The Ministries, sectors and organs must submit the draft of Decrees to the Government before 15 April 2014 and 15 June 2014 for the Decree on handling of administrative violation in the land area.

The People’s Committee of provinces and centrally-run cities shall issue the legal normative documents on land under their authority assigned in the Land Law and the Decrees detailing the implementation of the Law; direct the review for timely modification and supplementation of documents previously issued to be consistent with the Land Law.

The issue of legal normative documents on land is specified in the Land Law of the People’s Committee of provinces and centrally-run cities must be done immediately right after the effect of the Law.

c) Strengthen the organizational structure and promote the administrative reform in land management.

The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Home Affairs and the Ministry of Finance shall formulate documents stipulating functions, duties and operational mechanism of the Office of land use right registration and the land fund development Organization.

The People’s Committee of provinces and centrally-run cities must strengthen their apparatus and officials performing the duties of land management to meet the requirements for strengthening of land management.

2. Properly implement the Land Law to create visible changes on management and use of land.

The implementation of Land Law is a process which must be done comprehensively and synchronously; immediately in 2014 and 2015 there must be visible changes on the following aspects:

a) Complete the planning and land use plan

The Ministry of Natural Resources and Environment shall implement the planning and land use plan at the national level which the National Assembly has adopted; review and adjust the planning and land use plan at the national level to be consistent with the provisions of the Land Law upon preparing the 5-year land use plan (2016 - 2020); guide and inspect the implementation of approved planning and land use plan of provinces and centrally-run cities; urge the provinces and centrally-run cities to inspect the formulation, approval and implementation of planning and land use plan at district level; review and adjust the planning and land use plan at provincial level to be consistent with the Land Law upon preparing the 5-year land use plan (2016 - 2020);

The People’s Committee of provinces and centrally-run cities shall publicize and implement the approved planning and land use plan at provincial level; direct the completion of formulation and approval for planning and land use plan at district level before 01 July 2015; review and adjust the planning and land use plan of localities to be consistent with the Land Law upon preparing the 5-year land use plan (2016 - 2020); direct the formulation of annual land use plan at district level as a basis for land recovery, land allocation, land lease and transfer of land use purposes after the effect of the Land Law; strengthen the inspection of implementation of planning and land use plan at localities.

b) Rectify the land allocation, land lease and transfer of land use purposes.

The People’s Committee of provinces and centrally-run cities shall direct the strict implementation of procedures for land allocation, land lease and transfer of land use purposes; redress the arbitrary land allocation and land lease causing waste of land resources; strictly control the transfer of land use purpose for growing rice, special-use forest land or protection forest land to other purposes; promote the land allocation with land use fees and land lease in the form of auction of land use right; review all land area under use of public non-business units, people's armed forces, farms and forestry farms to have the form of land allocation and land lease in accordance with the provisions of the Land Law upon its effect.

c) Strictly control the land recovery to ensure the publicity, transparency and democracy, fairness and timely compensation, assistance and relocation.

The People’s Committees of provinces and centrally-run cities should define the list of projects which need land recovery for social-economic development for national interests and community to be submitted to the People’s Council at the same level for adoption right after the effect of the Land Law; resolutely recover the land areas allocated or leased by the State but not put into use or slow in putting them into use, improperly used as prescribed by the Land Law.

The People’s Committees having its authority to recover land must comply with regulations on announcement of land recovery; prepare and approve the compensation, assistance and relocation plan; prepares and implement the relocation plan, vocational training and assistance in job search plan for people with their land recovered and relocation arrangement plan in accordance with the provisions in the Land Law to ensure the publicity, democracy and fairness; focus on building the relocation area before land recovery; properly implement policies on assistance in vocational training and job search for people with their land recovered while immediately correcting the remaining weaknesses in land recovery, compensation, assistance and relocation in order to accelerate the site clearance, primarily focusing on key projects of the central and local government with land recovery decision.

d) Promote the basic survey of land, land registration, issue of certificate of land use right, ownership of house and other properties associated with land; focus on building land information system and land database; implement the issue of certificate of land use right in accordance with Resolution No. 39/2012/QH13 dated 23 November 2012 of the National Assembly; Directive No. 1417/CT-TTg dated 24 August 2011 and Directive No. 05/CT-TTg dated 04 April 2013 of the Prime Minister.

The Ministry of Natural Resources and Environment in coordination with the People's Committees of provinces and centrally-run cities shall promote the basic survey of land, measurement and making of cadastral map and land registration, issue of certificate of land use right, ownership of house and other properties associated with land, registration of change on land, modification of cadastral records; focus on building, management and operation of modern land information system and land database and cadastral record system under the centralized and uniform model throughout the country in service of majority of goals.

The issue of certificate of land use right shall be completed basically by 2016 as per cadastral map, cadastral measurement, cadastral measurement with coordinates. Ensuring funds to meet the requirement for completion and modernization of cadastral map system, cadastral records and land database to consist with the cadastral record system in the country. In 2015, the overall land survey shall be completed in which a number of important types of land shall be surveyed in detail.

dd) Focus on proper land valuation

The Ministry of Natural Resources and Environment shall take charge and coordinate with the Ministries, sectors and the People's Committees of provinces and centrally-run cities to formulate the land price frame to be submitted to the Government for regulation; direct, guide and inspect the formulation of land price list and specific land valuation at localities; study and pilot the formulation of land price map and land price database.

The People's Committees of provinces and centrally-run cities are required to properly carry out the investigation and survey of market land price and formulation of land price list right after the Government publicizes the land price frame as regulated by the Land Law; strengthen the organizations and officials performing land price duties under the Department of Natural Resources and Environment; establish the land price appraisal Council for specific land valuation upon the effect of the Land Law.

3. Improve the effectiveness and efficiency of the inspection, examination and settlement of complaints and denunciations and land disputes; focus on finishing the handling of violations of law on land, especially the prolonged cases; implement the systems to monitor and assess the land management and use.

a) Strengthen the inspection and examination of compliance with law on land

The People's Committees of provinces and centrally-run cities are required to regularly direct the inspection and examination of compliance with law on land as a particularly important task of state management on land of the local authorities; continue to carry out the inspection and handling of violations under the Directive 134/CT-TTg dated 20 January 2010 of the Prime Minister; resolutely handle and recover the land which is left uncultivated and waste; continue to promote the inspection of land management and use, especially finish the reality of waste and uncultivated land; enhance the responsibility of officials and public servants in land management and strictly handle violations of land.

b) Finish the settlement of remaining disputes and denunciations on land management and use.

The Ministry of Natural Resources and Environment shall coordinate with the Supreme People's Court to issue a Joint Circular guiding the settlement of land dispute for application upon the effect of the Land Law.

The Ministries, sectors and People’s Committees at all levels must finish the settlement of remaining disputes and denunciations on land management and use from 2013 and earlier, primarily focusing on the complaints about compensation, site clearance and prevention of violations of land management and use that leads to disputes, complaints and denunciations.

c) Implement the systems to monitor and assess the land management and use.

The Ministry of Natural Resources and Environment shall require the building of system to monitor and assess the land management and use; assess the compliance with law, the effectiveness of land management and use and the impact of policy and law on economy, society and environment.

The Prime Minister requires the Ministries, sectors, People’s Committee at all levels and relevant organs and organizations to strictly and effectively implement this Directive. The Ministry of Natural Resources and Environment is responsible for monitoring and inspecting the compliance of the Ministries, sector and localities and reporting the Prime Minister on the implementation of this Directive. /.