REALITY AND SOLUTIONS TO IMPROVE LAND REGISTRATION AND LAND USE RIGHT CERTIFICATION IN ĐỨC HÒA DISTRICT, LONG AN PROVINCE 2025

REALITY AND SOLUTIONS TO IMPROVE LAND REGISTRATION AND LAND USE RIGHT CERTIFICATION IN ĐỨC HÒA DISTRICT, LONG AN PROVINCE

REALITY AND SOLUTIONS TO IMPROVE LAND REGISTRATION AND LAND USE RIGHT CERTIFICATION IN ĐỨC HÒA DISTRICT, LONG AN PROVINCE

Trần Thế Long

University of Natural Resources and Environment, Hồ Chí Minh City

Lê Thị Thu Nhàn

Public Administration Center of Đức Hoà District, Long An Province

Abstract:

Đức Hòa District, Long An Province, with significant geographical advantages, has witnessed dynamic land use right transfers, leading to complex and diverse land transactions. By mid-2020, the district had 219,335 land plots needing certification, totaling 38,950.87 hectares. Among them, agricultural land accounted for 147,374 plots with an area of 27,455.12 hectares, and non-agricultural land included 71,785 plots with an area of 11,459.11 hectares.

Most of the plots have been registered and certified. However, 98 plots remain uncertified. The research on “Reality and Solutions to Improve Land Registration and Land Use Right Certification in Đức Hòa District, Long An Province” analyzed and classified the causes of uncertified land plots and proposed solutions to improve land registration and certification in the local area.

Keywords: Đức Hoà, land registration.

I. INTRODUCTION

Đức Hòa District, Long An Province, situated adjacent to Hồ Chí Minh City, exhibits significant socio-economic, service, and commercial development. The dynamic land use right transfers have led to complex and diverse land transactions in the area.

By mid-2020, Đức Hòa District had 219,335 land plots needing certification, totaling 38,950.87 hectares. Among them, agricultural land accounted for 147,374 plots with an area of 27,455.12 hectares, and non-agricultural land included 71,785 plots with an area of 11,459.11 hectares. Most of these plots have been registered and certified. However, 98 plots remain uncertified, covering a total area of 7.96 hectares, which has significantly impacted the progress of certification in the district.

Based on this reality, conducting the research: “Reality and Solutions to Improve Land Registration and Land Use Right Certification in Đức Hòa District, Long An Province” will help analyze and classify the causes of uncertified land plots for households and individuals according to specific categories. Consequently, it will propose solutions to improve land registration and certification in Đức Hòa District, Long An Province.

II. RESEARCH METHODS

– Method of investigation and data collection: Collect secondary information, including reports, data, and documents from departments, units, and competent authorities in Đức Hòa District to obtain information on natural conditions and socio-economic factors related to the research content; collect data and records related to land use right certification registration in Đức Hòa District. Collect relevant research works.

– Method of data processing: From the collected data, establish a system of tables and charts to analyze and evaluate the current status of land registration and certification activities. The collected data has been processed using Excel software.

– Method of analysis and synthesis: Used to analyze and clarify the situation and results achieved in the land use right certification process in the district.

– Method of deduction: Applied based on analyzing the inadequacies in legal regulations to explain the causes and existing issues in land registration and certification in the locality.

III. RESEARCH RESULTS AND DISCUSSION

1. Initial Land Use Right Certification and Uncertified Plots

By mid-2020, Đức Hòa District had a total of 219,159 land plots needing certification of land use rights. Among these, agricultural land accounted for 147,374 plots (67.25% of the total plots) with an area of 27,455.12 hectares (70.55% of the total area), while non-agricultural land accounted for 71,785 plots (32.75% of the total plots) with an area of 11,459.14 hectares (29.45% of the total area). Despite significant urbanization in recent years, agricultural land still represents a large proportion of the district’s area.

Table 1. Results of Registration and First-time Certificate Issuance in Đức Hòa district

Source: Branch of Land Registration Office, Đức Hòa District.

Of the 219,159 plots requiring land use right certification, 219,061 plots have been certified, covering a total area of 38,906.39 hectares. The remaining 98 uncertified plots, with a total area of 7.96 hectares, include 75 agricultural plots (6.66 hectares) and 23 non-agricultural plots (1.30 hectares).

Currently, in Long An Province in general, as well as Đức Hòa District in particular, the categorization of uncertified plots is conducted by land type and includes the following causes:

– Transfer and gifting from January 1, 2008, onwards and land without land use right documents: includes 2 plots in Hòa Khánh Tây commune with an area of 1,543.50 square meters.

– Incomplete inheritance procedures: includes 9 plots with an area of 7,871.50 square meters. This type is found in 4 communes: Hòa Khánh Đông, Hiệp Hòa, Mỹ Hạnh Nam, Hòa Khánh Nam.

– Disputes: includes 38 plots with an area of 33,418.07 square meters, distributed across 13 communes in the district. The commune with the most cases is An Ninh Tây with 6 cases, followed by Đức Hòa town and An Ninh Đông commune with 1 case each.

– Measurement and procedural work in progress: includes 26 plots with an area of 23,719.29 square meters, distributed across 7 communes in the district. Hậu Nghĩa town has the most backlogs with 8 cases. In An Phú commune, there is only 1 plot yet to be certified due to this cause.

Such categorization remains inadequate and lacks specificity, resulting in mixed causes and unclear solutions. Each cause can have many different specific cases, each requiring a unique resolution. Some causes, like disputes and inheritance, can overlap. Therefore, it is necessary to categorize the cases specifically to propose suitable solutions.

2. Proposed Solutions for Uncertified Land Plots

2.1. Categorizing the Causes of Uncertified Plots in Đức Hòa

In reality, in Đức Hòa District, the remaining uncertified plots primarily include agricultural and rural residential land. The main causes are categorized as follows:

– Land without documents of land use rights.

– Incomplete inheritance procedures, where the land use rights left by deceased individuals remain uncertified due to the lack of agreement among the heirs.

– Disputes among the involved parties, mainly in three forms: disputes over land use rights, disputes over rights and obligations arising during the land use process, and disputes over land use purposes. There might also be discrepancies in measurement results, which can occur in cases where there is an area discrepancy and the land user has not violated land law; or when the land area has increased due to the land user violating land law before July 1, 2014.

– Cases where the land area increased due to land being allocated unlawfully before July 1, 2014.

2.2. Proposed Solutions

First, for land without documents of land use rights.

It is necessary to systematically identify and detail the types of valid land use rights documents. Detailed guidance on valid land use rights documents should be provided and disseminated to land users, including households and individuals. During different periods of land management, localities might have issued various document templates.

Therefore, it would be more reasonable for the Provincial People’s Committee to provide detailed guidance on these contents to ensure comprehensive coverage of document groups while detailing templates to help land users understand the information. Additionally, training and improving the expertise of personnel engaged in land management and land use right certification should be prioritized. Personnel involved in certification, such as commune-level cadastral officers and land registration office specialists, must understand the history of the formation of various documents to grasp their legal value.

Second, for land with incomplete inheritance procedures.

Currently, there are no specific legal regulations on whether to proceed with inheritance distribution procedures first or to request land use right certification first. However, in practice, when certifying an inherited land plot, the state agency always requires a legal will, and conversely, when making a will, the notary office requires a land use right certificate. Therefore, from the perspective of land use right certification, based on practical legal application, two methods can be proposed to resolve cases without a legal will:

– Inheritance distribution procedures and land use right certification request can be carried out simultaneously: In this case, the landowner’s family will proceed with the inheritance distribution agreement at the notary office or the commune-level People’s Committee where the land is located. Then, they will submit the documents and procedures for the land use right certification request at the one-stop-shop of the commune-level People’s Committee or send them to the district-level land registration office. The land use right certification request documents are stipulated in Clause 1, Article 8 of Circular No. 24/2014/TT-BTNMT.

– The heirs of the land can authorize one heir to be named on the land use right certificate and submit the request documents as stipulated in Clause 1, Article 8 mentioned above. Then, the landowner’s family can proceed with the inheritance distribution agreement.

Third, for land with disputes.

In cases of land disputes, if both parties fail to reach a reconciliation, they should submit a request to the commune-level People’s Committee where the disputed land is located for mediation. If reconciliation is successful and results in changes to the boundaries or land users, the commune-level People’s Committee will send the mediation record to the Department of Natural Resources and Environment. The Department will then decide on recognizing the boundary changes and issue a new certificate of land use rights, house ownership, and other assets attached to the land. However, if reconciliation at the commune level fails, the following two resolution methods are proposed:

1. Submit a request for dispute resolution to the competent People’s Committee. In this case, the Chairman of the district-level People’s Committee will resolve the dispute. If dissatisfied with the resolution decision, the land user can appeal to the Chairman of the provincial-level People’s Committee or initiate a lawsuit in the people’s court following the administrative procedure law.
2. File a lawsuit at the competent People’s Court according to the civil procedure law.

For land disputes involving undocumented land, once resolved, if the land user meets the conditions specified in Clause 2, Article 101 of the 2013 Law on Land, they will be granted a certificate of land use rights.

Fourth, for land under measurement and procedural work.

During the process of issuing land use right certificates, if there are discrepancies in the measurement results, the following scenarios can occur:

Scenario 1: The actual measured area is smaller than the area specified in the documents stipulated in Article 100 of the 2013 Law on Land. In this case, when issuing the initial or replacement certificates, the area is recognized based on the actual measurement, and the land user is not refunded the land use fee paid to the state for the reduced area.

This situation often leads to disagreements between land users and state agencies. Land users feel they are at a disadvantage both in terms of area and financially, as they do not get a refund for the excess fee they paid. Therefore, it is proposed to establish a mechanism to refund the land use fee for the reduced area to the land users.

Scenario 2: The actual measured area is larger than the area in the documents.

– If the land boundaries have not changed: The land boundaries currently in use are unchanged from the time the land use right documents were issued, and there are no disputes with adjacent land users. In this case, the area for the certificate is determined based on the actual measurement. The land user does not have to pay a land use fee for the additional area. In other words, when the boundaries remain unchanged, a certificate for the increased area can be issued if the conditions for certification are met, applicable for cases without an initial certificate.

– If the land boundaries have changed: If re-measurement shows changes in the land boundaries compared to the time the land use right documents were issued, the additional area (if any) will be considered for certification according to regulations.

IV. CONCLUSION

The number of registration and certification applications in Đức Hòa District significantly increased during the 2016 – 2020 period. The resolution rate of applications during this time was relatively stable, with approximately 97% of received applications being processed. Applications that did not meet the requirements constituted a low proportion. The number of land plots still uncertified is 98 plots, covering an area of 7.96 hectares. Among them, 75 agricultural plots with an area of 6.66 hectares, and 23 non-agricultural plots with an area of 1.30 hectares. The unresolved issues for the certification include: land without documents of land use rights, incomplete inheritance procedures, disputes among involved parties, and ongoing measurement and procedural work.

Proposing specific categorization methods for the unresolved certification cases and four suitable solution groups have improved the efficiency of land registration and land use right certification in Đức Hòa District, Long An Province.

References

1. Nguyễn Thị Dung (2017). “The Implementation of Law on Land Use Right Certification in Quảng Ngãi City, Quảng Ngãi Province.” Master’s Thesis. National Academy of Public Administration.
2. Nguyễn Thị Thu Hà (2014). “Administrative Management Situations.” Labor Publishing House, Hà Nội.
3. Phan Hồng Mai (2014). “The Implementation of Law on Land Use Right Certification and House Ownership in Đà Nẵng City.” Master’s Graduation Thesis in Law. Vietnam National University, Hanoi.
4. People’s Committee of Đức Hòa District. Reports on the implementation of socio-economic indicators over the years.
5. People’s Committee of Đức Hòa District. Reports on the results of land use right certification work over the years.

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“The article’s content refers to the regulations that were applicable at the time of its creation and is intended solely for reference purposes. To obtain accurate information, it is advisable to seek the guidance of a consulting lawyer.”

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