Directive No. 05/2004/CT-TTg on organizing the implementation of the 2003 Land Law

DIHF.:CTIVE No. 05/2004/CT-TTg OF FEBRUARY 9, 2004 ON ORGANIZING TIU~ IMPl.EMENTAllOI-J OF THI.~ .2003 LAND LAW At its fourth session, the Xl111 National AssernlJ1y passed tlw Land Law, wl1ich stiall take effect as from ,July 1, 2004. The 2003 Land Law (hereinafter called the Land Law) is one of great importance and s\gnHicance in raising t11e management efficiency, encouraging 1he rational and efficient use of land resources, thus positively contributing to the process of stepping up the national ind ustriafiza tion and modernization. The Prime Minister hereby requests the ministers; the heads ('< the rnlnisterial-level agendes, 1he heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centra:Uy-run cities to seriously organize the implementation of the Land Law with the requirement of rapidly introducing the Law into life, creating marked improvement in land management and use, and putting the work of land management into order and discipHne. In the immediate future, it is necessary to concentrate efforts on performing a number of the following tasks: 1. To expeditiously prepare conditions for the implementation of the Land Law. From now till the Land Law takes effect, it is necessary to concentrate efforts on the all-sided preparation, focusing on the following: a/ Eiaboralion o1 the system ot legal documents related to the implementation of the Land Law. The Ministry of Natural Resources and [nvironment shall submit to tlie Government a doctee guidi11,g tJ,,c imp\xYi,,Br..tati0n o~ e Land Law and a decree on sanctioning administrative violations in land management and use; assume tho prime nJsponsibility for orgnni7.ing invor,.,tigation of the pro:;:mt situation of agricultumHand ;w:;urnulation and report thereon to the Government tor fwt!wr submission to the National Assembly Standing Committee, which shall prescribe tho limits of reception of transferred agricultural land use right of households and individuals. The Ministry of Finance shal! submit to the Government a decree on methods of determining land prices and assorted land price brackets, a decree on collection offand-use levies, a decree on compensation, support and resettlement upon the land reco very·by the State; assume the prime be co11dud(,d regular!y and continuously 1ivitl1 pu-lctical contents and forms suitable to each subject. f-ir:,tly, to launch in the sc-icond quarter of 2004 a co mpaign on prorw1gatio11 and dissemination of the Land Law widely among people before it takes effect. c/ Consolidation of organizational apparatuses and stepping up of administrative reforms in land management. The People's Committees of the provinces and centrally-run cities shall have to consolidate their apparatuses and officials performing the work of responsibilfty for elaborating and submiltlng to the land m a,nagement to suit the management Government fodurther submission to the National · docentmlization unde; ih8 L;;i.r1ci i.a.w and meet the Assembly land,0 related tax laws; and submit to the Governmeot decrees guiding the implementation of relevant tax laws. b/ Performance of the work of land-law dissemina.Uon and education, The Ministry ofNatural Resources and Environment shall base-itself on the Prime Minister's Decision No. 13/2003/QD~TTg of January 17, 2003 approving the program on law dissemination and education in the: 20()3~2007 perio'd to assume the prime responsibility for, and coordinate with the concerned ministries, branches and agencies as well as the People's Committees of the provinces and centrally-run cities in, directing and organizing the land-law dissemination and education. The Ministry of Culture and Information shall direct mass media agencies in pmpa~Jaling and disseminating the land legislation to each citizen; di re cl the publication and distribution of pub I ication s on the land legislation, including Jho:;c in othnic minority languages, for wide dissemi11ation among people in all regions and areas nationwide. I h0 land-law dissemination and education rnust requirements of enhancing the work of land management. The Ministry of Hon,e Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, evaluating the situation: on the district-level organizational appara.tuses and officials performing the work of land management, and submit to the Government a scheme on consolidation of the district-level agenciesJri charge of land management associated with natural resource and environment management. The Ministry of Natural Resources and Environment shaH have to guide and examine the implementation of administrative procedure reforms in the work of land management; guide the establishment of land registration offices associated with "one-door" model of settling administrative procedures, first of a!I in localitiei; where appear big domands for registration of land u,ie r!gh t transactions; guide· the training;· fostering and raising of qualifications and capabilities of thn contingent of officials and public sHrvanb performing the worl< of land management. ?... To well organize th()- implem~n\ation ol 1hc The Pcop\1/:; Con1111ittnus of the provinces anu Land Law, creating marked improvement in contrally-ru11 cities shall direct the strict land management and use. implementation of t!w land assignment and lease procedures, putlinq an end to the situation where Tllo organization of implementation of the Land La.w is a process which must be carried out comprehensively and sync/1ronously; firstly in 2004 and 2005, marked improvement must be made in the following aspects: a/To perfect the work of land-use plannings and plans, especially to redress the situation o1 "suspended" plannings. The Ministry of Natural Resources an-J Environment shall guide the scrntlny in order to make necessary adjustment of localities' land-use plannings and·p!ans;finalize the national land-use planning till 2010 and the land-use plan till 2005 and submit them to the Government for further submission to the Nation a I Assembly for decision. The People's Committees of the provinces and centrally-run cities shall review the implementation of the approved land-use pfannings and plans; organize the elaboration and approval thereof or submit them to competent agencies for approval according to the provisions of the Land Law, paying special attention to the renewal of the elaboration of land-use p!annings and plans in urban centers in compatibility with the industrialization and modernization requirements as well as urbanization speed of each locality; immediately publicize land use plannings and plans and take measures to examine and monitor the implementation thereof, timely adjust H1em to suit the actual !and-use demands and capabilities, redress the situation of "suspended" plannings. b/To rectify tl1e work of land assignment, lease and recovery land is assigned or leased in a casual and wasteful manner. The assignment of land for use for business and lodging purposes shall mainly take the form of auction of la.nd use right or bidding of projects with land use right on the basis of the approved land use plannings and plans. In 2004, tho People's CommiHees ot tho provinces and centrally-run cities must complete the recqv:ery of land areas which have been assigned or leased but left unused or used not as scheduled; the assigned or leased land Which has been used for wrong purposes; agricultural land of administrative, non-business and armed force uni1s, which has been used ior production or lite improvement. For agricul1ural- and forestry-farm land, the Prime Minister'sOecision No. 264/2003/ QD-TTg of December 16, 2003 shall apply. cl To speed up the granting of land-use right ce rtif ica tes The People's Committees o11he provinces and centrally-run cities shall direct to speed up the granting of land-use right certificates, especially for urban residential land and productive-forest land, striving to complete by 2005 the granting of assorted land-use right certificates. And at the same time, to expeditiously finalize the system of formal cadastral maps and dossiers, computerize the land management system so as to raise the effectiveness and efficiency o1 land management and create favorable conditions for development of the reaf estate market. The Ministry of Natural Hesources and f::nvironment shall have to direct and urge the granting of land-uHe right ccrlificates; uniformly guide the modernization of Hie work of land management nationwide. Tho Ministry of Planning and Investment sliall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Min is try of Natural Resources and Environment in, seeking foreign ODA sources and apportioning adequate domestic reciprocal capital sources in order to formulate and implement the Project on "Perfection and modernization of the system of cadastral dossiers and granting of land-use right certificates nationwide." d/To renewthe workofland price man,agement, put an end to .the situation of land price subsidy The Ministry of Finance shall elaborate and submit to the Government a scheme on renewal of the work .of land price management under the provisions of the Land L;:PN; assume the pr'1me responsibility tori andcoordinate with the Ministry of Natural Resources and E nvimn ment in, directing the People's Committees .. of the provinces and centrally~run cities to investigate land prices for use . . . . . as a basis for promulgating a decree on methods of determining land prices ahd assorted land price brackets in replacement of the Government's Decree No. 87/ND-CP of August 17, 1994. The People's Committees of the provinces and centrally-run cities shall adjust right in the first six months of 2004 the land prices for localities where land prices are excessively unreasonable and at the same time, base themselves on the regulations on methods of determining land prices and asso1ted land price !Jrackets set by the Government t() ciecide on specific land prices in localities for application as from January 1, 2005; consolidate the land price-determining organizations and create conditions for development of land prico-consultinq organizations under t11e Government's regulations and the Finance Ministry's guidance. o/ To efficiently overcome weaknesses in the work of compensation and ground clearance as well as resettlement. The People's Committees of the provinces and centrally-run cities shall specifically check the compensation and ground clearance in the recent past and efficiently overcome weaknesses in order to spe.ed up the work of compensation and ground clearance, first of all focusing on key projects of the State and localities, for which decisions on land assignment or lease have been issued, and projects on production and service development investment of all economic sectors; Widely apply the form where investors wishing to use land negotiate with land users through land use right transfer, capital contribution or lease with· 1and use right. ·. Before the Land Law takes effect, the People's Committees Of the provinces and centrally-run cities· are permitted• to. set up organizations tu nctioning to develop land Jund and experimentally recover land immediately after the land use plannings or plans are approved py competent State bodies and publicized withoutwaiting for approved projects under the current regulations. From now, the ground clearance in to be-resettled localities shall be effected only after the resettlement conditions are fully met. 3. To wen examine and inspect the obsetvance of land legislation and settle complaints and denunciations about land management and use. a/ To intensify the examination and inspection of the observance of land legislation The People's Committees of ttw provinces and centrally-run cities i,hal I have lo It~ g u larl y direct the examination and inspection of tho observance of land legislation, considering it a specially important task in the work of State management over land ot th(:: local administrations at all levels, In 2004, the ministries, branches and Urn People's Committees of the provinces and centrally-run· cities shall concentrate efforts on performing the examination and inspection task according to the Politburo's opinions in Notice No. 108-TB!TW of May 14, 2003 on examination of capital construction investment as well as land management and use and the Prime Minister's Decision No. 273/QD-TTg of April 12, 2002 on examination of capital construction investment as well as land manag~ment and us0. Through examinatiQri and inspection, it is necessary to resolutely handle, or even request the examination of peoal liability for, violation acts, especially those : committed by officials and public servants who .abuse thefrpositions and powers to take bribes, or a·ssigti or lease land in contravention of regulations, causing damage to the State. bl To definitely settle unsettled complaints and denunciations about iand management and use The ministries, branches and the People's Committees of all levels shall have to definitely · settle according to the current regulations the complaints and denunciations related to land management and use, which have been left over from 2003 and before, first of all the complaints about compensation and ground clea ranee; prevent violation acts in land management and use, which ca use disputes, comp I ai nts or denunciations. The Ministry of Natural Hesources and Environment shall coordinate with the Supremo People's Court in promulgating a joint circular which guides the sett!emcnt of land disputes for application after the Land Law lakus offuct. The ministers, the heads of tho rninistorial--level agencies, the heads of the agencie13 attached to tile Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to organize the implementation of t11is Directive. The rvlinistry of Natural !lesuur~es a11J Environment shall have to monitor and examine the implementation of this Directive by the ministries, branches and localities and report thereon to the Prime Minister. Prime Minister PHAN VAN KHAI