Management of land at commune level in Vietnam

Land is always an area of ​​interest to many people. Each locality has different land management policies. Although the state has issued legal regulations on this issue, it is easy to see that the land management at the local level, especially the commune level, still has many shortcomings. So about the matter “Management of land at commune level in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Land Law 2013

Overview of the Commune People’s Committee

The People’s Committees of communes, wards and townships (collectively referred to as commune-level People’s Committees) are elected by the People’s Councils of the same level, are local state administrative agencies, responsible to the people, the Council People’s Committees of the same level and People’s Committees of districts. In the field of land, the commune-level People’s Committees perform a number of tasks and powers: manage the public land fund, manage unused land, determine land origin and land condition, and handle land use cases. administrative violations, conduct mediation of land disputes, perform a number of stages in administrative procedures on land.

Accordingly, the commune-level People’s Committee has the (main) function of state administrative management in the commune in the fields of economy, society and national security and defense in accordance with the Party’s guidelines, policies, laws. by the State and under the assignment and direction of the district-level People’s Committee. The authority of the commune-level People’s Committee in land management comes from the decentralization and authorization of the district-level People’s Committee to perform the tasks and powers of the district-level People’s Committee.

The role of the commune-level People’s Committee in settling land disputes

Land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship. There are many types of land disputes, including: Disputes over who has land use rights, disputes related to transactions over land use rights, and disputes over properties attached to land use rights. For land disputes, Clause 1, Article 202 of the 2013 Land Law stipulates: The State encourages the parties to the land dispute to self-mediation or to resolve their disputes through grassroots conciliation. Thus, for land disputes that the parties cannot reconcile themselves or have reconciled but the parties have not yet agreed, the People’s Committees of the level are responsible for organizing the conciliation if the disputing parties make a request.

The State encourages the parties to a land dispute to conduct conciliation, so conciliation is not a mandatory procedure. However, for a dispute over who has the right to use the land, this is a mandatory procedure and also a condition for accepting the case in court. If the request to initiate a dispute over land use rights is not conducted through conciliation at the commune-level People’s Committee, it is considered as ineligible to initiate a lawsuit and the court will return the petition to the plaintiff who is the plaintiff.

Responsibility to organize land dispute mediation is specified in Article 202 of the Land Law 2013 and Article 88 of Decree No. 43/2014/ND-CP. Accordingly, the chairperson of the commune-level People’s Committee is responsible for coordinating with the commune-level Fatherland Front Committee, member organizations of the front, and social organizations to mediate land disputes in the locality where the land is located. There is a dispute, including: Verification, verification to find out the cause of the dispute, collection of relevant papers and documents provided by the parties about the origin of the land, the land use process and the current use status. land use; establish a Land Dispute Mediation Council to conduct conciliation; hold a conciliation meeting.

Management of land at commune level in Vietnam

In recent years, the state management of land by the commune-level People’s Committee has achieved certain results: Implementation of the approved master plan and land plan has basically ensured, the management of geo-engineering properties has come into play orderly, the activities of assessing the current status of land use, statistics, and inventory of land are more secure; The land records of the people are made according to the administrative procedures of the one-stop-shop mechanism, initially meeting the requirements in the state management of land towards ensuring the management and use of the land efficient and economical land use, as well as contributing to improving the effectiveness and efficiency of state management, maintaining political security, social order and safety in the locality, protecting the state’s interests, rights and interests of organizations and citizens, actively serving the innovation of the locality and the country.

However, in addition to the results achieved in the state management of land by the Commune People’s Committee, there are certain limitations: There are also violations of the law such as improper land use. purpose, construction of works on agricultural land, acts of encroachment on land; The situation of land disputes is increasing in localities, local authorities in some places have not done well in conciliating land disputes, implementing master plans and plans on land use approved by superiors in some places. have not done well; Some local governments at the grassroots level sometimes loosen their management and have certain weaknesses in direction and administration.

These limitations stem from a number of reasons: Land users have not paid attention to learn the legal provisions on land to protect their rights, have not properly and fully fulfilled the obligations of the users. soil. Propaganda of the provisions of the law on land to the people in the ward has not been active and active, the quality of the propaganda sessions is not high. People pay little attention to propaganda in the field of land, only when their interests are affected will they have opinions. The legal system in the field of land is constantly changing. Compensation prices for land use rights issued by competent state agencies are often much lower than market prices. Therefore, the work of recovery and compensation also has certain difficulties. The qualifications and capacity of commune-level cadastral officials and civil servants in some places have not yet met the requirements of their tasks.

Sanctions of administrative violations in the field of land by the People’s Committees of communes

Violation of the land law is an illegal act committed by a competent person, at fault and infringing on land relations protected by law. Persons who commit acts of violating the land law shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability in accordance with law.

The land law stipulates that the competence to handle administrative violations in the field of land belongs to the chairperson of the commune-level People’s Committee. The competence to sanction administrative violations in the land field of the chairperson of the commune-level People’s Committee is prescribed in Decree No. 91/2019/ND-CP on sanctioning of administrative violations in the land field. Clause 1, Article 38 of Decree No. 91/2019/ND-CP stipulates the competence of chairpersons of People’s Committees at all levels in sanctioning administrative violations as follows:

“Chairmen of commune-level People’s Committees have the right to:

(a) A warning;

(b) A fine of up to VND 5,000,000;

(c) Confiscate papers that have been erased, corrected or falsified; fake papers used in land use;

(d) Application of remedial measures: Forcible restoration of the original state of the land before the violation”.

Thus, depending on the level of fines for violations in the land sector to consider whether it is within the sanctioning competence of the chairperson of the commune-level People’s Committee or not. For example, for the act of encroaching on unused land in rural areas, the chairperson of the commune-level People’s Committee has the authority to sanction the encroached land area under 0.1 hectares. Due to the form and level of penalties for acts of encroachment on land: from 2,000,000 to 3,000,000 (under 0.05 hectares) and from 3,000,000 to 5,000,000 VND (under 0.1 hectares).

Some solutions to improve land management at commune level

In order to further improve the effectiveness of the state management of land by the commune-level People’s Committees, the following solutions should be synchronously implemented:

Firstly, strengthen the inspection and supervision of superior state agencies. Provincial People’s Committees, Departments of Natural Resources and Environment, People’s Committees of districts, and Divisions of Natural Resources and Environment at district level need to have regular inspection according to the plan combined with unexpected inspection for state management of land by the Commune People’s Committee, if it is found shortcomings and laxity need to be promptly rectified, as well as strictly handle cases of law violations in land management at the grassroots level.

Secondly, focus on training and retraining for commune-level cadastral officials. Every year, competent state agencies such as MONRE, Provincial People’s Committee, Department of Natural Resources and Environment need to strengthen training courses on land law knowledge, professional expertise, as well as improve computer skills to Cadastral civil servants in communes, wards and townships can exploit information technology applications to serve their work well. Focusing on equipping administrative communication skills, handling and solving situations arising in the process of performing official duties.

Thirdly, the chairperson and vice chairperson of the commune-level People’s Committee must constantly study, regularly study, firmly grasp the provisions of the land law, as well as the skills to handle situations arising in the land field. . At the same time, clearly define the roles and responsibilities of the chairpersons of the People’s Committees of communes, wards and townships in the state management of land.

Fourthly, the competent state agencies need to carry out the recruitment of commune-level cadastral officials, giving them peace of mind and enthusiasm for the assigned work. Cadastral officials at the commune level should arrange a permanent arrangement for a long time so that they can stick to the area, understand the land use situation of households, individuals, organizations, dispute status, origin of parcels of land

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