Directive 2006/ct-Ttg Dated: About Overcoming Weak, Wrong, Continue To Promote Land Law Enforcement Organization

Original Language Title: Chỉ thị 05/2006/CT-TTg: Về việc khắc phục yếu kém, sai phạm, tiếp tục đẩy mạnh tổ chức thi hành Luật Đất đai

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  Indicator of the remedy are weak, wrong, continue to promote land Law enforcement organizations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ after Congress passed the Land Law, especially since the directive no. 05/2004/CT-TTg dated 9 February 2004 of the Prime Minister, the ministries, local interest only law enforcement leaders associated with the implementation of the resolution of the seventh Conference Executive Committee the Communist Party continues to innovate on the IX'S key policy, land law in the period of promoting industrialization and modernization of the country. Through the audit in Law enforcement on land nationwide by the Ministry of natural resources and environment of the Organization shows that the law of the land and the enforcement Guide text has really come to life, people are particularly concerned and initially achieved some positive results.
However, the overall implementation of the Land Law enforcement yet good, not yet achieved the objectives that the Prime Minister has delivered in 2005 about complete planning system, land use plans; about the certification of land use; about the recovery of the land not in use, improper use or use not effective. Violation of the law of the land still happen quite common, especially in the compensation, resettlement assistance when the State revoked the land. The work to resolve the dispute, complaint, report on the management and use of land has many weaknesses and inadequacies.
To promptly fix the weak, wrong, continue to promote the implementation of the law of the land, the Prime Minister asked the Minister, ministerial heads, heads of government agencies, the Chairman of people's Committee of the central cities, according to the functions and tasks assigned , focused implementation of the following: 1. Continue to improve policies, laws of the land and resources Ministry of environment guide the scope of withdrawal land specified in point a of paragraph 2 Article 36 of Decree No. 177/2004/ND-CP on October 29, 2004; detailed instructions about identifying agricultural land interspersed in residential gardens, ponds and adjacent land in settlements specified in item 2 article 10 of Decree No. 197/2004/ND-CP dated 3 December 2004; on order, the procedures for recovery of land, compensation, resettlement assistance; about the certification of land-use rights as recognized the right to use the land or compensation, resettlement assistance when the State revoked the land for land use case without papers on land use regulation in article 50 paragraph 4 of the law of the land; on the implementation of the preferential right to use the land for these projects in the scope of the socialization of education and training, health, fitness, cultural-sports; in coordination with the Supreme People's Court and the Supreme People's Procuracy guide the scope of dispute resolution, complaints about the land between the agencies and the people's Court.
The Ministry of finance prepared the speeding law projects related to land use tax, personal income tax from the transfer of land use right for the Government to consider soon the Congress; Regulation on fees in land management, about the unit cost to perform the task of a career in land management, about the mechanism of income registered office of land use and land development organization.
The Ministry of Justice continue to complete the Registration Law project property to the Government to review the National Assembly towards the construction of centralized registration system, unify, satisfy regulatory requirements, but simply about the procedure, facilitate business and people in certificates and real estate transactions; hosted, in cooperation with the Ministry of natural resources and the environment guide handle the obstacles in registering the mortgage, guarantee in real estate.
The people's committees of provinces and cities under central in places not yet enacted the legal jurisdiction under the provisions of the law of the land and the guidelines for implementing decree, must urgently enact, as the rules of land allocation limit in recognition of limits, the land in , on order and administrative procedures in the management and use of land, about certificates of land use, about compensation, resettlement assistance when the State revoked the land; adjust the local land price bracket suitable Government-issued land price and land valuation principles stipulated in article 56 of the law of the land.
2. promote the work of popular education, the law on land, resource and Environment Ministry, in coordination with the ministries, agencies and committees of provinces and cities under central continue directing, organizing the dissemination of laws on education, land line with each object; advanced training for professional land managers, first for land management districts and communes.
Ministry of culture-information continue to steer the news agency, the press focused advocacy, laws on common land, praised the good work, critique the places slowly, stagnation, discovery and put out the conclusion the infringement, as these behaviors take advantage of corrupt authority officials on land or interference noise , lack of accountability in the implementation of administrative procedures on land; the publishing Director and issuing propaganda publications law of the land, including the publication of propaganda in the nation, to the widely popular among people all over the region, in the country.
3. Sue the entire air land management and promote the reform of administrative procedures in the land management Committee of the central cities, reviewing the whole incident, air management and public service organizations on the local land, environment and resource room Registered office, land use and land development organization; perfecting the cadastral communes, wards and towns have enough quality and capacity, ensuring the stability, professionalism, overcome the frequently changing local officials.
Ministry of natural resources and environment, the Ministry of finance, the people's committees of all levels are responsible for checking the implementation of administrative procedures in land management and implementation procedures of the revenues from the land; reviewing the proposed enactment to or issued under the authority of regulations to amend or abolish the unnecessary administrative procedures. Prohibition put more administrative procedures and fees in addition to the General rules of the competent State bodies.
The people's committees of provinces and cities under central made public the introduction of investment locations, the decision to revoke the land, for the land rental to implement investment projects towards environmental building transparency, equality in access to land for investment.
4. Strengthen the management of land use planning, the preparation, appraisal and review of the planning, land use planning must heed the reasonableness of using land, limiting the maximum transfer of ground water to grow rice on non-agricultural purposes. From now on, do not move the land planning review is specialized in water to rice production, non-agricultural services in the locality condition using different soils. For those where it is necessary to transfer the land to grow rice water to use on non-agricultural purposes must have land use solutions savings and ensure the viability of made, overcome land but not used.

Along with the completion of land use planning system by 2010 and the land use plan the 2006-2010 period in 2006, the Commission granted the Organization immediately publicize the planning, land use planning has been their level of review as prescribed; final processing status "hanging planning"; regularly examine, scrutinize, guarantee the decisions, lease the land, allowing the transfer of land-use, land must conform to zoning, land use plan has been approved.
5. Accelerate the certification of land use Committee of the central cities, accelerate the certification of land use; repealed, amended or issued the text of regulations on local level, the recovery of the land use right certificate for compliance with the provisions of the law of the land; properly applied the provisions of the law of the land when considering the recognition of land use rights for land use are recognized in land area, determine the financial obligations of the users of the land when the certification of land use. The lower reaches are local to strive successfully completed basic land use right certificates in 2006. Attach the certification of land use to continue to improve the record.
6. the decision to revoke the land due to violation of the law of the people's Committee of the land provinces, directly governed cities are responsible for examining the situation of land use agencies, units, enterprises, local investment projects management, discovery and resolutely revoked for an area of land or lease isn't the right audience; the land has been allocated, but does not use or use slow compared to the tempo of the project, using inefficient, using wrong purposes; where there is reason then decided to renew and publicly decided to renew it.
The Ministry of agriculture and rural development, the people's committees of provinces and cities under central direction to accelerate the progress of sorts, to renovate the farm state forestry, coupled with shrinking land due to the agriculture, forestry and the school of management at levels truly necessary, transfer the remaining area for local delivery to farmers lack the land or no longer produce the priority, of ethnic minority households.
Ministries, ministerial agencies, government agencies, and corporations responsible reviewed 91 of the land by the State or its agencies, rental units, enterprises in the management scope, actively transferred to the central cities, the land had no need to use or use the less efficient. The ministries are not interfering with the recovery of the local authorities with regard to the case of the unit under the Ministry of industry, breaking the law on management and use of land.
The results of the work referred to in this section must be reported to Ministry of natural resources and the environment before June 30, 2006 to report aggregate Prime.
7. Do well the work of compensation, resettlement and assistance when land committees of the provinces, the central cities are responsible for directing the implementation of strictly the provisions of the law on compensation, resettlement and assistance when the State revoked the land used for defense purposes , security, national interests, public interests and economic development; the publicity turned the entire implementation process; ensuring fairness between the objects have the same conditions. Special attention to the following issues:-ensure the compensation land price in the correct land valuation principles stipulated in article 56 of the law of the land. In the locality has to apply in full the price bracket attached to Decree No. 188/2004/ND-CP on November 16, 2004 that ensure consistent with principles of valuation of the land stated then promptly reflected the Government's Finance Ministry to handle. Do not place the issue of retroactive compensation policy implementation in support of resettlement, but depending on the situation and the specific conditions, the apply local policy, legislation to handle satisfactorily in the opinion for the people and with the required stability, does not cause the new complex.
-Do well the work of resettlement, land at convenient locations, including next to the industrial zone (except where due to the environmental protection requirements or due to limited land fund) to arrange relocation, guaranteed for these households have recovered land new accommodation in resettlement areas. In the master planning of industrial parks, adjust page, expand the urban or rural residential notes set aside land for resettlement. From now on, the local was not coercive force dismantled houses when people recovered the land unresolved possible resettlement.
-Positive direction jobs for households have recovered ground. In addition to the arrangement of resettlement in the convenient location and next to the industrial zone in association with development services, jobs, other solutions are needed to ensure that employment and income, not to people who have recovered land falling into unemployment, poverty scene.
The Finance Ministry directed reviews of the use of the land price bracket for pressure compensation when land prices in time, especially for agricultural land, promptly suggested the Government revise, Supplement necessary; the proposed mechanism, the financial policy of encouraging land users to form leasing land , capital contribution by the land use right with investors wishing to use the land.
8. Push the work to resolve the dispute, complaint, report on land Created powerful transformation, apparent resolve dispute letters, complaints, accusations about the land required in 2006 to resolve these outstanding message and promptly mail application arises as prescribed by law.
President of the people's Committee to directly steer the work to resolve the dispute, complaint, report under the provisions of the law, overcoming effectively the status delay, shifting the responsibility of resolving the mail menu; attach importance to the Organization of the dialogue between people who have single letters with the agency or person of the administrative decision or administrative acts complained of.
For the letters was the administrative agency or the people's Court to resolve properly the law, consistent with the fact that the complainant still fail and agitated behavior, causing loss of public order, the need to apply measures to handle according to the provisions of the law.
The people's Committee of the levels is responsible for improving the work of next, full instructions, in particular regarding the law for people who have single letter or to present complaints, accusations, in place of the inhabitants; publicize telephone numbers, fax numbers, e-mail, e-mail address for receiving the findings and recommendations of the citizens.
Ministry of natural resources and the environment and government inspectors monitor, report and urge the Prime Minister to solve the situation of the local mail application, the proposed demonstration, rewarding the good and local criticism, treats for the people's Committee Chairman, central cities are not addressed or not addressed in this excellently , to many outstanding letters of complaints, accusations about the land.
9. Strengthen inspection, inspection of the observance of the law of the land

The people's Committee of the district and provincial level are responsible for building the plan periodically test and inspection, the inspection level under the implementation of the law of the land. The township-level people's committees implement seriously the task of detecting, preventing and handling of violations of the laws of the land and be responsible before the law in the case of lack of responsibility to occur serious consequences due to violation of the law of the land.
Ministry of natural resources and the environment continue to inspect the enforcement of laws on land for the use of land for construction projects of industrial zone, urban services, urban and rural residential areas; the use of administrative agencies, the industry, the State enterprise was assigned the land before the Land Law in 2003 has effect.
Through testing, inspections and through the single complaint resolution, to report to handle the cases of violation of the law, especially in the case of misuse of land, share rights officials profited through the delivery of land, land rental, allow the transfer of the land use purpose, clearance.
The Ministry of the Interior to review payroll layout needed to enhance the specialized inspection apparatus on land, ensure the implementation of the tasks according to the provisions of the law on the Ombudsman and requests against corruption in the area of the land.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the city of centrally directed reviews of the situation to enforce the law of the land at the local units, in times past, planned and specific measures , to combine, to quickly create the distinctly in land management, especially the limited attention to the violations.
Ministry of natural resources and environment is responsible for tracking, checking the performance of ministries, sectors, localities and periodically reports the Prime implementation this directive./.