| THE PRIME MINISTER OF GOVERNMENT -------------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
| No. 05/2004/CT-TTg | Hanoi, February 9, 2004 |
DIRECTIVE
ON ORGANIZING THE IMPLEMENTATION OF THE 2003 LAND LAW
At its fourth session, the XIth National Assembly passed the Land Law, which shall take effect as from July 1, 2004. The 2003 Land Law (hereinafter called the Land Law) is one of great importance and significance in raising the management efficiency, encouraging the rational and efficient use of land resources, thus positively contributing to the process of stepping up the national industrialization and modernization.
The Prime Minister hereby requests the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities to seriously organize the implementation of the Land Law with the requirement of rapidly introducing the Law into life, creating marked improvement in land management and use, and putting the work of land management into order and discipline. In the immediate future, it is necessary to concentrate efforts on performing a number of the following tasks:
1. To expeditiously prepare conditions for the implementation of the Land Law.
From now till the Land Law takes effect, it is necessary to concentrate efforts on the all-sided preparation, focusing on the following:
The Ministry of Natural Resources and Environment shall submit to the Government a decree guiding the implementation of the Land Law and a decree on sanctioning administrative violations in land management and use; assume the prime responsibility for organizing investigation of the present situation of agricultural-land accumulation and report thereon to the Government for further submission to the National Assembly Standing Committee, which shall prescribe the limits of reception of transferred agricultural land use right of households and individuals.
The Ministry of Finance shall submit to the Government a decree on methods of determining land prices and assorted land price brackets, a decree on collection of land-use levies, a decree on compensation, support and resettlement upon the land recovery by the State; assume the prime responsibility for elaborating and submitting to the Government for further submission to the National Assembly land-related tax laws; and submit to the Government decrees guiding the implementation of relevant tax laws.
The Ministry of Natural Resources and Environment shall base itself on the Prime Ministers Decision No. 13/2003/QD-TTg of January 17, 2003 approving the program on law dissemination and education in the 2003-2007 period to assume the prime responsibility for, and coordinate with the concerned ministries, branches and agencies as well as the Peoples Committees of the provinces and centrally-run cities in, directing and organizing the land-law dissemination and education.
The Ministry of Culture and Information shall direct mass media agencies in propagating and disseminating the land legislation to each citizen; direct the publication and distribution of publications on the land legislation, including those in ethnic minority languages, for wide dissemination among people in all regions and areas nationwide.
The land-law dissemination and education must be conducted regularly and continuously with practical contents and forms suitable to each subject. Firstly, to launch in the second quarter of 2004 a campaign on propagation and dissemination of the Land Law widely among people before it takes effect.
The Peoples Committees of the provinces and centrally-run cities shall have to consolidate their apparatuses and officials performing the work of land management to suit the management decentralization under the Land Law and meet the requirements of enhancing the work of land management.
The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, evaluating the situation on the district-level organizational apparatuses and officials performing the work of land management, and submit to the Government a scheme on consolidation of the district-level agencies in charge of land management associated with natural resource and environment management.
The Ministry of Natural Resources and Environment shall have to guide and examine the implementation of administrative procedure reforms in the work of land management; guide the establishment of land registration offices associated with "one-door" model of settling administrative procedures, first of all in localities where appear big demands for registration of land-use right transactions; guide the training, fostering and raising of qualifications and capabilities of the contingent of officials and public servants performing the work of land management.
2. To well organize the implementation of the Land Law, creating marked improvement in land management and use.
