Pursuant to Plan 93a/KH-UBND of Hung Yen Provincial People’s Committee, many illegal constructions on rice paddy land have been dismantled.
According to Inspection Conclusion No. 15/KL-TTT dated February 26, 2024, the Hung Yen provincial inspection delegation inspected the responsibility of the Chairman of Ngoc Lam Commune People’s Committee, My Hao township in land management and use; implementation of Plan 93a/KH-UBND dated March 31, 2017 of Hung Yen Provincial People’s Committee on the demolition of illegal constructions on agricultural land, violating the protection corridor of traffic works, irrigation, and wharf activities, illegal sand exploitation.
Efforts in State land management
The inspection delegation noted: “The Chairman of Ngoc Lam Commune People’s Committee has made great efforts in State land management, implementing Plan 93a/KH-UBND of the Provincial People’s Committee in the locality”.
Specifically, land records are managed and stored basically in accordance with regulations. From 2020 to the end of 2022, Ngoc Lam Commune People’s Committee has conducted land statistics and reported on the implementation of land statistics in accordance with regulations. However, through the inspection of statistics work, there are still some shortcomings such as: Statistical reports do not fully cover the contents specified in Clause 1, Article 15 of Circular No. 27/2018/TT-BTNMT of the Ministry of Natural Resources and Environment.
The management and use of public land, the area of public land (aquaculture land, rice-growing land) for lease or contract reached a low rate of 19.73% = (7.68 ha/38.93 ha). According to the report of the Commune People’s Committee, due to low income from rice cultivation and aquaculture, people do not engage in agriculture but work in industries with higher incomes. The current inspection shows that households are currently leasing and contracting to grow rice, raise fish, and raise chickens and ducks on the leased area, but these land lease contracts are not subject to auction as prescribed in Article 132 of the 2013 Land Law.
Regarding the area of public land after the land consolidation and redistribution in 2013 in Nho Lam village, about 2,000m2 of remaining rice-growing land, the commune assigned the village to manage this area, which is not in accordance with the provisions of the land law. According to the regulations, Ngoc Lam Commune People’s Committee must manage this land.
The inspection showed that the implementation of land use planning and plans was basically carried out in accordance with regulations. However, Ngoc Lam Commune People’s Committee has not yet prepared an annual report on the results of implementing land use planning and plans as prescribed in Point a, Clause 1, Article 50 of the 2013 Land Law.
The issuance of land use right certificates (GCNQSDĐ) for residential land reached 80.14%; the first issuance of GCNQSDĐ for agricultural land reached 93.96%; and the issuance of GCNQSDĐ for religious purposes reached 66.66%. The reason why households and individuals have not been granted GCNQSDĐ, according to the report of the Commune People’s Committee, is that land users do not have sufficient documents on land use rights, due to land violations, changes in the name of the land user, and the absence of the household head.
During the inspection period (from 2019 to the end of 2022), a total of 33 petitions were received, denunciations, and recommendations were made: 33 petitions. The Commune People’s Committee has directed specialized agencies to handle and resolve 33/33 petitions in accordance with regulations.
During the inspection, the implementation of Plan No. 93a/KH-UBND of Ngoc Lam Commune People’s Committee was inspected, reviewed, and statistical data collected by My Hao Town People’s Committee, the provincial Department of Natural Resources and Environment, so the Inspection Delegation did not review it again. Up to the time of inspection in Ngoc Lam commune, there are currently 12 cases of violations of Plan No. 93a/KH-UBND with a total area of 850.9m2.
Through random inspections in the field at some households and individuals who violated Plan 93a/KH-UBND, the inspection delegation found that: Ngoc Lam Commune People’s Committee has carried out the demolition, but 7 households that have not been definitively demolished still have houses, planted trees, raised livestock, and built ponds for fishing. In cases of violations of Plan 93aKH-UBND, the Commune People’s Committee has not thoroughly handled them, has not inspected, screened, and put them on the watchlist, and fully processed them.
Strengthening inspection, screening, guiding, and urging Ngoc Lam Commune People’s Committee in State land management
From the above reports, the Hung Yen Provincial Inspectorate requests the My Hao Town People’s Committee to direct the Department of Natural Resources and Environment, the Department of Economy, the My Hao Town Inspectorate to coordinate with the Branch of the Land Registration Office to strengthen inspection, screening, guiding, and urging Ngoc Lam Commune People’s Committee in State land management, implementing Plan No. 93a/KH-UBND of the Provincial People’s Committee.
Request Ngoc Lam People’s Committee to strictly implement the conclusion of the provincial inspection agency. Review and draw experience for collectives and individuals related to the shortcomings in land management, implementing Plan 93a/KH-UBND in the locality, and at the same time, direct to overcome the shortcomings pointed out by the inspection delegation.
Strengthening land management in the locality, raising awareness of self-conscious compliance with the law on land use of cadres and people, timely detecting cases of land violations, taking measures to prevent and stop new violations from arising, and recurring violations of the land law in the commune.
Take measures to definitively handle 12 cases of illegal construction works on agricultural land according to Plan 93a/KH-UBND of the Provincial People’s Committee; Official Dispatch No. 240/TB-UBND dated June 23, 2021 of the Provincial People’s Committee and households that have been cleared but are still in violation.
