Hot issue - public land 5%
From 2022 to present, the province's public investment disbursement results have been low compared to the national average. As of September 10, 2024, the province's public investment disbursement rate has only reached 38%.
Of these, only 5 localities exceeded 50%, while the remaining 6 localities did not reach the average level of the whole province. Regarding the cause, according to the Standing Committee of the Provincial Party Committee, it was mainly due to problems with compensation and site clearance (GPMB).
As for determining the origin of land, especially related to 5% public land and residential land, which is very hot right now, there are no specific regulations on compensation and support for these two types of land, so there has not been consensus among the people.
For example, in Tam Ky City, after review, 5 localities (including Tam Thang, Tam Ngoc, An Phu, Hoa Huong, Tam Thanh) reported 5% public land with a total manageable and leaseable area of 50.17 hectares. The other 8 localities reported that they did not have a 5% public land fund.
From the results of this review, according to the People's Committee of Tam Ky City, the review of public land fund data encountered many difficulties due to the incomplete records of the transfer from cooperatives to the People's Committees at the commune level. Some localities did not manage public land records in accordance with regulations...
Mr. Nguyen Duy An - Chairman of Tam Ky City People's Committee acknowledged that the updating and adjustment of changes in public land area has not been done regularly, leading to inaccurate data on the management of 5% public land area, making it difficult to prove the reasons for the increase or decrease in area.
Assessing the current status of management and use of 5% public land in 13/18 district-level localities (with 5% public land fund management books), the Party Committee of the Provincial People's Committee said that land laws have changed over many periods but there are no detailed regulations to resolve specific issues regarding the history of public land management in the locality.
With the 2024 Land Law, it is stipulated that no Certificate of Land Use Rights for public use will be issued (Article 151), no compensation will be paid when the State reclaims public land (Article 101), but compensation will be paid for investment costs in the remaining land in cases where there is a lease contract (Article 107).
Compensation for remaining land investment costs must be based on supporting documents and vouchers; in case there are no supporting documents and vouchers, the provincial People's Committee shall, based on the actual situation in the locality, determine the remaining land investment costs.
Based on the province's practice and related legal basis, the Party Committee of the Provincial People's Committee proposed that the Standing Committee of the Provincial Party Committee agree in principle to assign the Provincial People's Committee to direct localities to review the 5% public land fund in the province.
This is an important task of local Party committees and authorities to completely resolve existing problems and shortcomings in the management and use of the 5% public land fund in general, as well as to resolve problems in compensation and site clearance for specific projects in each locality.
Based on the results of the review of the 5% public land fund, the District People's Committee shall adjust the cadastral records as a basis for recognizing land use rights to compensate and support land users in accordance with the provisions of the 2024 Land Law and Decree No. 88/2024/ND-CP.
Vice Chairman of the Provincial People's Committee Tran Nam Hung stated that most of the cases without a 5% public land lease contract were used before establishing the 64/CP file (period 1994 - 1998).
In fact, since the establishment of the 5% land records, the state has not managed or used it. People have managed and produced continuously until now, without any disputes, so even if there is no contract to lease 5% public land, they must be given priority in resolving compensation and support.
According to reports from 13 localities in the province, the 5% public land fund has a total of 225,045 plots, an area of 11,763.3 hectares, accounting for 3.14% of the agricultural land area. Of which, 15,447 households have land lease contracts with an area of 1,720 hectares, the remaining 10,043.3 hectares do not have land lease contracts (accounting for 85.5% of the area according to the Public Land Fund Management Book).
Need to inventory public land soon
At the recent conference in the third quarter of 2024, the Party Committee of the Provincial People's Committee asked for opinions from the Standing Committee of the Provincial Party Committee on the 6-step process of reviewing the 5% public land fund. Explaining from the perspective of the advisory body on the review process, Mr. Nguyen Truong Son - Deputy Director of the Department of Natural Resources and Environment said that the unit based on the practical situation of localities and the results of the pilot review of the 5% public land fund in Tam Thanh commune.
On that basis, refer to the 2024 Land Law and related regulations, such as Circular No. 10/2024 of the Ministry of Natural Resources and Environment as a basis for reviewing and adjusting cadastral records, removing from the public land fund 5% of the public land area that was previously established incorrectly, and handling public land funds exceeding 5%.
After exclusion, in cases where there is no public land lease contract but the household or individual used the land before July 1, 2004, and the People's Committee of the commune confirmed that the land use was stable and without dispute, compensation and support will be provided as in cases eligible for land compensation according to regulations.
“The industry recommends that the Provincial Party Committee and the Provincial People's Committee direct localities to focus on reviewing the 5% public land fund during the 2024 inventory period and ending at the end of the period - June 2025. Only then can we fundamentally resolve the problems of the 5% public land fund of localities that have lasted for more than 30 years,” said Mr. Nguyen Truong Son.
The Provincial Party Standing Committee has agreed to assign the Party Committee of the Provincial People's Committee to lead the development and promulgation of the review process and set the completion date as the second quarter of 2025.
Provincial Party Secretary Luong Nguyen Minh Triet requested agencies, localities and units to concentrate on completing the review of the 5% public land fund according to the issued procedures and instructions. Any locality that completes the review will apply the proposed plan of the Party Committee of the Provincial People's Committee.
In cases where there is no public land lease contract but households and individuals use land before July 1, 2004, and are confirmed by the People's Committee of the commune to have used the land stably and without disputes, compensation and support will be provided as in cases eligible for land compensation according to regulations to be implemented immediately, without waiting until June 2025, in order to speed up the progress of land clearance and site clearance for projects...
Source: https://baoquangnam.vn/quang-nam-tap-trung-ra-soat-giai-quyet-can-co-dat-cong-ich-3141384.html
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