Support for commune-level authorities in resolving land-related record obstacles

After more than two months of implementing the two-tier local government model, land-related administrative procedures at the commune level in Dong Nai province have largely stabilized. However, as this remains a new assignment and several regulations have yet to be updated, the implementation process continues to encounter difficulties, particularly in land valuation, site clearance, and organizational restructuring.

Residents carry out land-related administrative procedures at the Bien Hoa branch of the Dong Nai Provincial Land Registration Office

In response to this situation, the Ministry of Agriculture and Environment has directly worked with the province to address the obstacles.

Still facing confusion in land valuation and site clearance

Since July 1, the reception and processing of land-related administrative procedures at the commune level in Dong Nai province have generally proceeded smoothly. This result has been achieved thanks to the timely issuance of authority decentralization and delegation regulations by the Central Government, along with the provincial People’s Committee’s implementation plan. In addition, the Department of Agriculture and Environment has organized training sessions and assigned staff to directly support at the grassroots level.

However, as this field involves numerous procedures and a large volume of applications, while staffing and infrastructure remain insufficient and certain regulations have not been promptly updated, various obstacles have arisen. Specifically, determining specific land values as the basis for calculating land rent, land use fees, or land-use conversion has been difficult due to the shortage of valuation consultants, with all available methods carrying potential risks. For example, valuing non-residential, non-agricultural land based on contract transfers or rental prices is almost unfeasible. In some cases, projects have already received decisions on land allocation or lease, but no valuation consultants are available to set the land use or rental fees as required by law.

Compensation, support, and resettlement work has also encountered obstacles. By regulation, commune-level People’s Committees are responsible for directing these processes. In practice, however, the task is carried out by the provincial Land Fund Development Center under the management of the provincial People’s Committee. Communes cannot directly oversee this work, and most have yet to establish their own public service units to handle it, leading to bottlenecks in site clearance.

Another issue relates to the councils for specific land price appraisal. Commune chairpersons are tasked with issuing decisions to establish these councils, which must include heads of district-level financial agencies. Yet with the dissolution of district-level administrations, this provision has not been updated, causing confusion in implementation.

Le Nguyen Song Toan, Chairman of the People’s Committee of Tan Trieu ward, noted that beyond the province-wide difficulties, the ward faces specific problems regarding the land price framework. Tan Trieu ward was created from the merger of three communes and one former ward. Under current regulations, rural residential land from former communes has been reclassified as urban residential land, yet there is a price disparity between the two categories. This creates inconsistencies when determining financial obligations, calculating land use fees, and even allocating resettlement land. In addition, many roads are still listed as rural residential land in the land price framework, while in practice, their land use purpose is urban residential.

“To avoid confusion and inconsistent application across localities, there must be transitional provisions on how to apply the land price framework in areas where land categories were adjusted after administrative mergers” - Toan suggested.

Regarding organizational structure, a representative of the Trang Dai ward People’s Committee reported that the ward’s Office of Economy, Infrastructure, and Urban Affairs is currently responsible for managing four sectors including finance and planning, construction, industry and trade, and agriculture and environment. With limited staffing and a shortage of specialists, the office is overloaded. The ward has therefore proposed additional staff positions and an extra deputy head of office to meet management and operational demands.

Adjustments to be made for a smooth-running administrative apparatus

During an inspection and working visit to communes and wards in Dong Nai province in late August, Deputy Minister of Agriculture and Environment Le Cong Thanh stated that the ministry had established 10 working groups to assess the situation and directly support localities in the initial phase of implementing the two-tier local government model. The focus of this mission centered on three key issues: arranging the organizational apparatus, decentralization and delegation of authority, and removing obstacles in administrative procedures.

The Dong Nai Provincial National Assembly Delegation inspects land recovery work at Bien Hoa 1 Industrial Park in Tran Bien ward, Dong Nai province. Photo: Hoang Loc

According to Deputy Minister Le Cong Thanh, the ministry is drafting new regulations in the field of land management to meet governance requirements. Following its working sessions with localities, the ministry will compile difficulties and challenges to propose amendments to the Land Law, the Mineral Law, and the Environmental Protection Law, ensuring the two-tier local government model operates in a synchronous, transparent, and effective manner.

On staffing matters, the Ministry of Agriculture and Environment will coordinate with the Ministry of Home Affairs to establish clear standards and job titles for commune-level officials in charge of land administration, construction, urban affairs, and the environment. At the same time, the ministry called on the province to allocate adequate resources and funding to ensure the smooth operation of the system.

"Localities need to quickly complete their land databases, accelerate digital transformation, and issue handbooks and coordination regulations to facilitate implementation at the grassroots level. Decentralization must go hand in hand with clearly defined responsibilities to prevent buck-passing," emphasized the Deputy Minister of Natural Resources and Environment.

The leader of the Ministry of Agriculture and Environment also proposed that provinces and communes consider the socialization of certain public services in the land sector, enabling businesses and organizations to participate. This undertaking would help reduce the workload of state agencies while improving service quality. For specific recommendations, the ministry and its subordinate agencies will provide written responses and guidance to help localities effectively carry out newly decentralized and delegated tasks.

Nguyen Tuan Anh, member of the Provincial Party Committee and director of the Department of Agriculture and Environment, stated that the difficulties mentioned above are part of the initial phase of implementing the two-tier local government model. In the coming period, to ensure the effective reception and resolution of land-related administrative procedures, the department will instruct its divisions to maintain regular communication, strengthen guidance, and increase support at the grassroots level. In the immediate term, this September, the department will conduct intensive training sessions for commune- and ward-level cadastral officers to improve their professional capacity and enhance the application of technology in their work.

By: Hoang Loc