Standing Vice Chairman of Thanh Hoa Provincial People's Committee Nguyen Van Thi has just signed Document No. 16098/UBND-KTTC, dated October 30, 2024 on strengthening the management and handling of houses and land in the province.

Hoang Son Commune Office (Hoang Hoa) is currently vacant after the merger. (Illustration photo).

Accordingly, in order to ensure the management and handling of houses and land in the province in accordance with the provisions of law and the direction of competent authorities, the Chairman of the People's Committee of Thanh Hoa province requests agencies, units and localities to urgently direct the serious and effective implementation of the tasks assigned by the Chairman of the People's Committee of the province in relevant documents, focusing on a number of key assigned tasks.

In particular, the Chairman of the Provincial People's Committee assigned the Departments of Finance, Natural Resources and Environment, and Construction, according to their assigned functions and tasks, based on current legal regulations on rearrangement and handling of houses and land, including new regulations of the 2024 Land Law, Decree No. 108/2024/ND-CP dated August 23, 2024 of the Government, Decree No. 114/2024/ND-CP dated September 15, 2024 of the Government and guiding documents of the Ministry of Finance. Proactively guide agencies, units, and localities to handle surplus houses and land after rearrangement, ensuring compliance with regulations and required time schedule; advise competent authorities to resolve proposals for handling surplus public assets of localities and units, ensuring timeliness and compliance with regulations.

The Department of Finance shall preside over and coordinate with the Department of Justice and relevant sectors and units to promptly carry out procedures and submit them to the Provincial People's Committee for consideration and decision to terminate the validity of Decision No. 28/2020/QD-UBND dated June 26, 2020 and Decision No. 03/2022/QD-UBND dated January 26, 2022 of the Provincial People's Committee regulating the sale of assets on land and transfer of land use rights under the management of Thanh Hoa province in the form of auction, according to the direction of the Chairman of the Provincial People's Committee in Official Dispatch No. 13261/UBND-KTTC dated September 11, 2024. Proactively guide and resolve difficulties and problems of the District People's Committee when implementing the process of selling assets on land and transferring land use rights by auction, ensuring compliance with the provisions of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government, Decree No. 114/2024/ND-CP dated September 15, 2024 of the Government and related legal documents.

The Chairman of the Provincial People's Committee assigned the Department of Natural Resources and Environment to preside over and coordinate with the Department of Finance, the Provincial Tax Department, the People's Committees of districts, towns, cities and related units to urgently inspect and review all land plots and constructions originating from cooperatives, public service units that have been dissolved, after mergers and state-owned enterprises before equitization but the enterprises have not yet included in the report on the current status of land management and use of the enterprises that are managing and using them up to the time of determining the value of the enterprise or intentionally omitted, left out of the books and reports; the transfer of ownership, "secret privatization" of public land through the conversion from a business cooperation contract according to the capital contribution ratio and profit and loss sharing, to the transfer of the land plot to the private sector according to a "shortcut process", not publicly and without auction; strictly handle according to authority, ensure compliance with legal regulations, not causing loss of state budget or advise, propose and report to the Provincial People's Committee, Chairman of the Provincial People's Committee on handling measures.

Inspect and review carefully to promptly detect the situation of "leasing" or "lending" public land in violation of regulations (if any); handle according to authority or advise and propose, report to competent authorities on handling measures, ensuring compliance with legal regulations. Review land areas leased to enterprises after equitization to pay annual land rent, provide cadastral information to tax authorities to adjust land rental prices, ensure compliance with legal regulations, and avoid loss of state budget.

Strengthen supervision and inspection of land use by enterprises after equitization, ensuring compliance with the approved land use plan in the enterprise equitization plan; in case of detecting that an enterprise uses land for a purpose other than the approved plan, or has been permitted by competent authorities to change the land use purpose, proactively handle according to authority, ensure compliance with legal regulations or promptly advise and propose to the Provincial People's Committee handling measures according to legal regulations; at the same time, strictly implement the provisions of the land law on land recovery for cases of violations of land law.

The old Thieu Tan commune office has not yet been converted to another use. (Illustration photo).

For the People's Committees at district and commune levels, the Chairman of the People's Committee of Thanh Hoa province also assigned the People's Committees of districts, towns and cities to direct the People's Committees of communes, wards and towns to strengthen the management of public assets such as houses and land under their management. In particular, organizing the implementation of reviewing, checking and measuring the area of ​​public land, public land such as ponds, lakes, alluvial land, land assigned or temporarily assigned to local mass organizations, cooperatives, enterprises, households and individuals for use and lease; Review the management records of surplus houses and land after the reorganization of commune-level administrative units and the reorganization of villages, hamlets, and streets to update management information... Based on the results of the review and inspection, take measures to ensure compliance with the provisions of the law on land, management, and use of public assets, resolutely and strictly handle cases of encroachment on houses, land, lake beds, ponds, alluvial grounds, or use of houses and land for the wrong purpose, with the motive of profiteering, and after the land lease term has expired.

Inspect public assets that have been leased, operated; or joint ventured or associated. In cases where leasing, operating; joint ventured or associated or lending public assets is not in accordance with the provisions of law, the contract must be cancelled or a document must be issued to resolve and handle the responsibilities of the relevant organizations and individuals; procedures must be followed to submit to the competent authority for approval of the leasing, operating; or joint ventured or associated project to use public assets in accordance with the provisions of current law.

For surplus houses and land after rearrangement: While waiting for approval for handling, the commune-level authorities must arrange personnel to look after, protect, and regularly clean the environment inside and outside the works, not allowing the works to deteriorate or become abandoned; after the decision to handle surplus public assets is made, the assets must be promptly put into use, not left unused or used for the wrong purpose. The Chairman of the Commune-level People's Committee is responsible before the law for the management and protection of assets in the management area.

For works such as cultural houses of villages, hamlets, residential groups, and stadiums that are surplus after rearrangement, in the immediate future, priority will be given to using them as infrastructure assets belonging to cultural and sports institutions at the grassroots level (commune and village levels), cultural villages (as community activity spots for residential areas, entertainment and recreation areas, sports and physical training areas, green campuses, etc.), requiring immediate implementation of this task, ensuring completion in November 2024.

In case of handling this surplus property (formed from the state budget and people's contributions for construction or 100% of people's contributions are mobilized) in the form of "Selling property on land, transferring land use rights" (where there are commercial and service advantages) or "Recovery" to implement the project, it must be agreed by the people of the village, hamlet, residential group with surplus cultural houses; must carry out the procedures to establish the entire people's ownership according to the provisions of law before handling the property.

The People's Committees of districts, towns and cities shall speed up the adjustment and updating of planning, land use plans and related plans so that the handling of surplus houses and land is consistent with the approved planning; in the process of handling surplus public assets (transfer, auction), it is necessary to review and fully report the legal basis of the assets, and complete the application for settlement in accordance with regulations.

The People's Committees of the cities and towns of Thanh Hoa, Sam Son, Bim Son, Nghi Son organize the review of houses and land of agencies, units, and enterprises under the vertical sectors of the Ministries and Central sectors located in the area; in case there is no need to use the entire house and land or only need to use a part of the land area, the People's Committee of the province shall summarize and report (send to the Department of Finance) to report to the competent authority to decide on handling the house and land according to the regulations and direction of the Prime Minister.

Viet Huong