Decentralization, Delegation, Streamlining ‘Red Book’ Issuance Procedures

The Ministry of Natural Resources and Environment is developing a draft decree on basic land survey, specifying procedures and costs; on registration, granting of land use right certificates following the spirit of decentralization, reducing administrative procedures.

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Land Law 2024: Detailed Regulations to Ensure Timely Implementation

One of the prerequisites for the National Assembly to consider allowing the Land Law 2024 to take effect from July 1, 2024, is the issuance of detailed guiding documents.

According to the Ministry of Natural Resources and Environment (MONRE), these documents include a Decree on basic land survey; land registration; issuance of land use right certificates (red books, pink books, etc.), property ownership rights attached to land, and the land information system.

On April 19, the Drafting Committee for the Draft Decree on basic land survey; land registration; issuance of land use right certificates, property ownership rights attached to land, and the land information system held a meeting in Hanoi.

At the meeting, Deputy Minister of Natural Resources and Environment Le Minh Ngan stated that, in accordance with the Prime Minister’s instructions, MONRE is “expediting” the drafting of detailed guiding documents to ensure that the National Assembly has the necessary information to consider allowing the Land Law 2024 to take effect on July 1, 2024. These documents include the Draft Decree on basic land survey; land registration; issuance of land use right certificates, property ownership rights attached to land, and the land information system.

Deputy Minister Le Minh Ngan speaking at the meeting. (Photo: MONRE).

Deputy Minister Ngan emphasized that this is a “critical and urgent task.” Therefore, MONRE organized a meeting of the drafting committee and editorial board to gather feedback on the draft before submitting it to the Ministry of Justice for review.

According to Deputy Minister Ngan, the draft decree focuses on three main aspects: basic land survey; land registration; issuance of land use right certificates, property ownership rights attached to land; and the land information system.

Regarding basic land survey, the draft decree prescribes procedures, processes, and budget. Regarding land registration and issuance of land use right certificates, property ownership rights attached to land, the draft decree follows the principles of decentralization, reducing administrative procedures and compliance costs, and minimizing inconvenience to citizens. Notably, it does not introduce any new procedures and is aligned with digital transformation efforts. Regarding the land information system, the draft decree regulates technological aspects and the utilization of land databases.

Deputy Minister Le Minh Ngan requested that the Department of Land Registration Data and Information fully consider the feedback received at the meeting and finalize the draft decree for submission to the Ministry of Justice for review as required by the Law on Issuance of Legal Normative Documents.

Reporting at the meeting, Mr. Mai Van Phan, Director of the Department of Land Registration Data and Information, stated that on February 2, 2024, the Minister of Natural Resources and Environment established a drafting committee and editorial board composed of representatives from various ministries, agencies, and central authorities to develop the draft decree.

On February 7, 2024, MONRE published the Draft Decree on the Government’s e-Portal and MONRE’s e-Portal for feedback from organizations, individuals, and relevant ministries, agencies, and localities.

In addition, MONRE organized workshops in various regions to seek input from provinces and centrally-run cities.

Furthermore, MONRE reviewed relevant legal documents on land under the authority of the Government and Prime Minister and revised the draft decree to ensure consistency and coherence. It also conducted policy impact assessments, regulatory impact assessments, and gender impact assessments as required by the Law on Issuance of Legal Normative Documents.

During the 5th Extraordinary Session, the 15th National Assembly passed the Land Law 2024, effective from January 1, 2025. Recently, the Prime Minister issued Official Letter 202 requesting that the National Assembly allow the Land Law 2024 to take effect from July 1, 2024, expediting its implementation.

The Prime Minister directed the Minister of Natural Resources and Environment to preside over, in coordination with relevant ministries and agencies, the submission of the following to the Government: a decree on detailed implementation of certain articles of the Land Law; a decree on basic land survey; land registration; issuance of land use right certificates, property ownership rights attached to land, and the land information system; a decree on compensation, support, and resettlement when the State acquires land; a decree on land prices; a decree on land reclamation from the sea; and a decree on administrative penalties in the land sector.

SOURCEcafef
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