Electorates can propose to adjust local land limit close to reality

Illustration image. Source: Internet

In a document sent to the Ministry of Finance, citizens in Bac Kan province stated that because of changing administrative units (from communes to wards), the residential land of the people is also redefined in the direction of rural land into urban areas. Some households have to pay 100% of land use fees for the land area exceeding the limit (exceeding the limit of urban residential land) while with the total land used area (when determining rural land), people do not exceed the land use limit.

In response, the Ministry of Finance said that according to Article 143, Article 144 of the 2013 Land Law, residential land used by households and individuals in rural areas includes land for housing construction and construction of works in service of life, gardens and ponds in the same parcel of land in rural residential areas, in conformity with land use planning and rural population construction planning already approved by authorities. Based on the land fund of the locality and the rural development plan approved by authorities, the provincial People's Committee has set the land allocation limit for each household and individual to build a dwelling in the countryside.

In addition, residential land in urban areas includes land for construction of houses, construction works in service of life, gardens and ponds in the same parcel of urban residential areas in accordance with land use planning, urban construction planning approved by authorities.

The provincial People's Committees will base decisions on the land use planning, urban construction planning and local land funds to set the residential land quota assigned to each household and individual to build houses for the cases where they are not eligible to deliver land according to housing construction investment projects.

According to the regulation on land use fee collection policy in the Decree No. 45/2014/ND-CP of the Government and Circular No. 76/2014/TT-BTC, the land use levy level when the state allocates or recognises land use rights and land use purposes of households and individuals based on the time of land allocation, land use purpose change, recognition of land use rights, land use sources and land prices (in quota for allocation of residential land, outside the quota for allocation of residential land stipulated by the Provincial People's Committee).

Based on the provisions, the quota of rural and urban residential land in the locality will be stipulated by the provincial People's Committee and on the basis of the quota prescribed by the provincial People's Committee to determine the land use levy of households and individuals when the State allocates land, recognises land use rights and changes land use purposes. Thus, the provisions in the land use levy policy are consistent with the 2013 Land Law and the reality of the locality.

Therefore, if it is necessary to change administrative boundaries from communes to wards, it should propose to the National Assembly of Bac Kan province to consult Bac Kan People's Committee to adjust the residential land quota appropriately.