(PLO)- Hanoi Department of Natural Resources and Environment annulls the official document on temporary cessation of parcel separation issued in 2022.
On the morning of April 27, Director of the Hanoi Department of Natural Resources and Environment Nguyen Huy Cuong said that today the city’s official inspection team will work with the department, related to the department’s issuance of document No. temporarily suspend the receipt and settlement of procedures for land parcel separation in the city.
“The Department will seriously accept the direction of the City on this issue. Currently, the Department has also made a decision to annul document 1685,” said Mr. Cuong.
Previously, on April 26, Hanoi Department of Natural Resources and Environment issued Official Letter 2869 to annul Document 1685 dated March 22, 2022.
Specifically, implementing Documents No. 298 dated April 12, 2023 of the Department of Legal Documents Examination (Ministry of Justice), No. 1754 dated February 22, 2023 of the Office of the City People’s Committee; No. 26 dated February 13, 2023 and No. 1251 dated April 17, 2023 of the Department of Justice, Hanoi Department of Natural Resources and Environment annulled Document No. 1685 on promoting the State management in the implementation of parcel separation procedures. land, land parcel consolidation in Hanoi city.
To ensure efficiency in land management in the city in accordance with the law, the Department of Natural Resources and Environment proposed the People’s Committees of districts, towns, relevant agencies and units to consider and handle administrative procedures. mainly related to the division of excess land, consolidation of land plots for land users according to the provisions of Decree 43/2014, Decree 01/2017 and Decree 148/2020; Circular 09/2021 of MONRE; Decision No. 20/2017 of the Hanoi People’s Committee.
Previously, according to Document 1685, the Hanoi Department of Natural Resources and Environment asked districts, towns and cities to suspend the division of plots and parcels of agricultural land because in many places, the situation of subdivision and division of land plots and land leveling appeared in many places. land for construction of road infrastructure, violating land law and construction order.
In particular, the Department of Natural Resources and Environment requested that while the Hanoi People’s Committee has not yet issued specific regulations on the conditions for separation and consolidation of land plots, localities should “suspend the receipt and handling of administrative procedures related to the division of land parcels.” separation of land parcels for agricultural land parcels, residential land parcels and agricultural land in the same land parcel, non-residential non-agricultural land plots.
The locality only receives and handles administrative procedures related to the division of land plots, consolidation of land parcels for residential land plots, ensuring the conditions for land parcel separation and consolidation in accordance with current law.
Regarding this document, Director of the Department of Examination of Legal Documents – Ministry of Justice Ho Quang Huy signed a document to the Chairman of the Hanoi People’s Committee requesting the self-inspection and handling of Official Letter No. 1685.
The Department for Examination of Legal Documents believes that the division of a parcel is a right of the land user when all conditions are fully applied and it is carried out according to the order and procedures prescribed by law. Therefore, the suspension of receipt and handling of administrative procedures related to the division of land parcels mentioned in the above dispatch “does not guarantee the legal basis for the content and is not under the authority of the Department of Natural Resources and Environment. … this may affect the legitimate rights and interests of land users”.
Also according to this agency, Official Letter 1685 is an administrative document but contains legal regulations, so the promulgation of this document violates the prohibition under Clause 2, Article 14 of the Law on Promulgation of Legal Documents.
QUONG LINH – TRUONG PHU