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Disentangling in the provisions on the auction of land use rights’

Fri, 24 Feb 2017 09:04:19 GMT+7    Print    Email Share:

(Chinhphu.vn) - In coming time, the Ministry of Natural Resources and Environment will actively cooperate with the Ministry of Justice, Ministry of Finance and other relevant agencies to soon have guidelines to localities overcoming difficulties in the auction of land use rights.

At the 10th Session of the XIII National Assembly, MPs Trinh Ngoc Phuong, Parliament Delegation of Tay Ninh Province submitted  comments questioning the Natural Resources and Environment with the following content:

“Recently, the Ministry of Finance issued Circular No. 02/2015 / TT-BTC dated 01/05/2015 amending and supplementing Circular No. 48/2012 / TT-BTC dated 03/16/2012 guiding the determination of the original prices and the financial regimes in the auction of land use rights for allocating land with collection of land use fees or  for lease (to the State land), which provided:

- Determine original prices: advisory bodies of the Department of Finance.

- Approval competency of original prices: President of Provincial People Committee:

- Allow authority: Department of Finance or the President of District People Committees specified in Clause 4, Article 1 amending and supplementing Article 5 (Article 5 of the determination sequence and competency of the original price of the auction of land use rights).

In addition, the Joint Circular No. 14/2015 / TTLT BTNMT-BTP dated 04/04/2015 provided the implementation of land use rights’ auction to allocate land with collection of land use fees or for lease , Article 9 provided the identification and approval of original  prices of the land plots aauctioned as follows:

-  Determining original prices: aadvisory bodies of the Department of Finance.

-  Approval competence of original prices: President of Provincial People Committee:

-  No determination for the authorities  

Thus, the same problems , but there were  two circulars of ministries and sectors having the shortcomings, thereby the leading for handling local work faced many difficulties in the auction of land use rights, affecting revenues, timing of investors, loss of investment opportunities in the province ...

Request the ministries of research and agreed to authorize or not authorize local conditions to handle the job more quickly. "

For the problem that questioned by Mr. Trinh Ngoc Phuong, who is a member of Parliament, the Natural Resources and Environment Ministry would like to answer as follows:

To perform the tasks assigned by the Government in Paragraph 6, Article 68 of Decree No. 43/2014 / ND-CP dated 15/05/2014 detailing the implementation of the provisions on some articles of the Law on Land, Natural Resources and Environment Ministry was responsible and cooperate with the Ministry of Justice issued joint Circular No. 14/2015 / TTLT BTNMT-BTP dated 04/04/2015 that provided the implementation of land use right’s auction to allocate land with collection of land use fees or for lease.

The Circular provided specific provisions on the land used for the land use right’s auction, procedure and sequence of implementation of the land use right’s auction, in which provided:

- The identification of the original prices of land use rights’ auction when the State allocates land or for lease: Advisory bodies of the Department of Natural Resources and Environment.

- The approval competence for original prices: Provincial People Committee.

The provisions on advisory bodies that determine the original prices and the competence to approve the original prices in the Joint Circular No. 14/2015 / TTLT BTNMT-BTP based on the provisions of clause 1 and Clause 2 of Article 108, Clause 3 of Article 114 of the Land Law; clause 2 of Article 15 and Clause 1 of Article 21 of Decree No. 44/2014 / ND-CP dated 05/15/2014 of the Government providing land prices; Point b Clause 3 of Article 3 of Decree No. 45/2014 / ND-CP dated 05/15/2014 of the Government on collection of land use fees; Clause 4 and Clause 5 of Article 4 of Decree No. 46/2014 / ND-CP dated 05/15/2014 on collection of land and water surface  lease; Point c Clause 5, Article 2 of Decree No. 21/2013 / ND-CP dated 04/04/2013 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; Joint Circular No. 50/2014 / TTLT BTNMT-BNV dated 28/08/2014 of the Ministry of Natural Resources and Environment and the Ministry of Interior guidelines on the functions, tasks, powers and organizational structure of the Department of Finance Resources and Environment of Provincial and Cities’ People Committees directly under the Central Government and the districts, towns and cities’ Natural Resources and Environment Committee Office directly under provinces.

However, on 01.05.2015, the Ministry of Finance issued Circular No. 02/2015 / TT-BTC amending and supplementing Circular No. 48/2012 / TT-BTC guiding the determination of original prices and financial regimes in the land use right’s auction, in which including regulations of advisory bodies on determination of the original prices is the Finance Department, the approval competence for the original prices of the land use right’s auction is the presidents of Provincial People Committees that be authorized for the Director of Department  of Finance or the presidents of the district People Committees.

There are the same content but different rules in two circulars that  be difficult and perplexed for the local organizations during the implementation of the land use rights’ auction as be questioned by the member of the National Assembly.

In order to solve these problems, on 11.12.2015, the Ministry of Justice which was the main responsible for a meeting with the Ministry of Natural Resources and Environment, Ministry of Finance, and Government Office to review and agree with the amendment tends on the remain different points between the two above-mentioned circulars.

In the coming time, the Ministry of Natural Resources and Environment will actively cooperate with the Ministry of Justice, Ministry of Finance and other relevant agencies to be soon having guidelines to localities overcoming difficulties in the for land use right’s auction.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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Legal Documents

Circular No. 128/2009/TT-BTC of June 23, 2009, amending and supplementing the Regulation on organization and management of trading in securities of unlisted public companies at the Hanoi Securities Trading Center promulgated together with the Finance Mini

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