The Can Tho City Inspector has just pointed out the limitations and shortcomings in the change of land use purpose, the transfer of land use rights, the issuance of certificates of land use rights, ownership of houses and other assets associated with land use rights. land under the authority of People’s Committee of Ninh Kieu district. Ninh Kieu is the central district of Can Tho city.
Formation of many spontaneous residential areas
In the conclusion, the Can Tho City Inspector pointed out the doable aspects and limitations and shortcomings.
The Can Tho City Inspector concluded that the implementation of the adjustment of the land use planning to 2020 and the annual land use planning of the People’s Committee of Ninh Kieu district is still slow, of limited quality, and the feasibility is not high. management of master plans and plans on land use after being approved is not good, leading to violations of land use master plans and plans in land allocation, land lease, and land use purpose change.
The inspection and supervision of the implementation of master plans and plans on land use has not been thorough, and has not resolutely dealt with the situation of voluntary change of land use structure not according to the master plan or plan. approved.
In 2018, Ninh Kieu District People’s Committee had an inspection of land use in the area once.
However, the indecisive and incomplete handling of violations led to the formation of 4 spontaneous residential areas in 2018 in An Binh ward with an area of illegal leveling 10,300m2, divided into 145 lots background.
“This situation happened because some wards’ People’s Committees lacked responsibility in land management and construction did not resolutely handle violations in a timely manner…”, concluded the Inspector.
The advisory agencies have not properly implemented the provisions of the Land Law for the cases of changing the purpose from agricultural land to residential land; No solutions have been proposed to prevent the division of parcels and subdivisions, the transfer of land use rights to form residential areas spontaneously, contrary to the policy of the city.
The annual land use planning of Ninh Kieu district is not consistent with the approved plan, leading to the submission of the Can Tho City People’s Committee for approval of the land use plan that is not in accordance with the regulations…
Still according to the inspection conclusion, the People’s Committee of Ninh Kieu District implemented the change of land use purpose in some wards not based on the annual land use plan, leading to the change of land use purpose not in accordance with the target or There is no target compared to the land use plan approved by the City People’s Committee.
Dossiers, order and procedures for change of land use purpose are incomplete or not guaranteed according to regulations…
Causing serious consequences
Ninh Kieu District changed the purpose of land use for many households and individuals (8 cases) not in accordance with the approved annual land use plan, causing serious consequences, violating the provisions of Article 2 of this Decree. 52 Land Law 2013.
In which, it is worth noting that there are a number of land plots for conversion with a large area, in particular, there are cases where they are transferred with a very large area, causing serious consequences, showing signs of abuse or abuse of position. the right to permit the illegal change of land use purpose.
Inspector of Can Tho City said that these violations are the main responsibility of the Head, Deputy and relevant officials and civil servants of the District Department of Natural Resources and Environment; the Vice Chairman of the District People’s Committee is the person who directly signs the permission to change the land use purpose for many households… In addition, there is also the responsibility of the District People’s Committee at the time of the violation.
In addition, the Can Tho City Inspector pointed out that, in the period 2018-2020, the issuance of certificates of land use rights, ownership of houses and other properties attached to land by the People’s Committee of Ninh Kieu district is still limited. shortcoming.
There are cases where the confirmation of the time of land use and the determination of the land use levy is not appropriate, leading to an understatement of the payable land use levy, the estimated value is more than 78 million dong.
There are cases where the recognition of land use rights, ownership of houses and other land-attached assets is not suitable or exceeds the prescribed residential land limit. The value of temporary violations at the time of recognition of land use rights is 117 million VND.
Granting certificates of land use rights and ownership of houses and other land-attached assets in a number of cases in the form of land allocation with collection of land use levy is not in accordance with regulations. individuals who are not in the cases of land allocation do not auction land use rights. The value of collected land use levy payable temporarily calculated at the time of issuance of the land use right certificate is more than 1 billion dong.
For the above violations, the main responsibility belongs to the head of the department, the deputy head of the division and relevant officials and civil servants of the district Department of Natural Resources and Environment; director, deputy director and relevant civil servants and officers of the District Land Registry Office Branch; Chairman of People’s Committee of An Hoa Ward, Chairman of People’s Committee of An Cu Ward…
In addition, there are also responsibilities of the Chairman of the People’s Committee of Ninh Kieu District, the Director of the Department of Natural Resources and Environment at the time of the violation.
Recommendations for handling
City Inspector. Can Tho proposes to the Chairman of the City People’s Committee to direct the Department of Natural Resources and Environment take measures to correct the appraisal of land use planning and annual land use plans of the district, ensure compliance with the law, stop the violations as stated in the inspection results.
Reviewing and clarifying individual and unit responsibilities for violations in the implementation of land use planning and plans in Ninh Kieu district from 2018-2020 (and related periods). ).
Directing the Department of Home Affairs to advise and propose the Chairman of the City People’s Committee to review and handle the responsibility for the violations of the Chairman, Vice Chairman of Ninh Kieu District People’s Committee and relevant organizations and individuals mentioned in the conclusion. inspect.
Proposing the Inspection Committee of the City Party Committee to review the responsibilities of relevant individuals under the management of the Standing Board of the City Party Committee for the violations mentioned in the inspection conclusion…
Reviewing and clarifying responsibilities and taking appropriate forms of handling according to law provisions for units and individuals under the Department of Natural Resources and Environment related to violations in advising and submitting to the City People’s Committee for approval of the annual land use plan. 2018, 2019, 2020 of Ninh Kieu district is not in accordance with the approved land use planning.
Chief Inspector City. Can Tho also proposes the City Police to investigate and clarify and handle according to regulations for irresponsible acts with signs of violation causing serious consequences according to Article 360 of the Penal Code and acts of abusing positions and powers. The time limit for permitting the change of land use purpose contrary to regulations shows the sign of “Crime of violating regulations on land management” according to Article 229 of the Penal Code.
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