Strong decentralization to speed up the progress of real estate arrangements

	Many real estate enterprises to be inspected by tax agency
	Green industrial real estate attracts FDI investment capital
	The real estate market began to record bright spots

Adding a number of regulations on rearranging and handling houses and land; handle houses and land that have to be relocated according to planning or due to environmental pollution. Illustration

​Guaranteed to complete the rearrangement and handling of houses and land by 2025

According to the Ministry of Finance, after more than 20 years of implementation, the rearrangement and handling of houses and land of ministries, central agencies and localities has achieved important results, contributing to social economic efficiency and create revenue for the state budget. However, according to the Ministry of Finance, although the policy on rearranging and handling houses and land has been relatively complete in each period, due to the wide scope of arrangement and applicable subjects, the current policy has not yet been implemented clearly delineate cases where arrangements must be made and cases where arrangements must not be made while housing and land are related to many other laws such as land laws; on management and use of state capital invested in production and business at enterprises; on real estate business,... and these legal systems are also in the process of being completed, so it is necessary to continue to review them to complete them, ensuring consistency and not overlap.

Besides, during the implementation process, there are some other issues in the implementation process that arise, causing problems and inadequacies that affect the arrangement progress; Some agencies, organizations, units, businesses and some ministries, central and local agencies have not paid attention and given drastic direction, so implementation is slow. In addition, the rearrangement and handling of houses and land is quite complicated because the origin of houses and land is formed through many stages, record keeping is incomplete and has not been paid attention to, so it is lost, affecting the progress of arranging houses and land.

Assigning the agency to plan and preside over the organization of inspection of the current status of centrally managed housing and land facilities is difficult because the number of people carrying out the implementation is small while the number of housing and land facilities of ministries and branches is large and spanning many localities. There is a situation of improper and ineffective management and use of houses and land such as: leasing, lending, arranging houses, residential land, using them for wrong purposes...

The Ministry of Finance said that the promulgation of the Decree replacing Decree No. 167/2017/ND-CP and Decree No. 67/2021/ND-CP of the Government follows the direction of strong decentralization of authority in approving treatment plans. Processing and deciding on the handling of houses and land for Ministers, Heads of central agencies and Provincial People's Committees is necessary and has a basis to accelerate the progress of rearranging and handling houses and land to ensure completion by 2025 to reorganize and handle houses and land nationwide according to Resolution No. 74/2022/QH15 of the National Assembly and handle problems and inadequacies in the process of rearranging and handling houses. , land.

Stipulating clearly approval authority

At Chapter II regulating the rearrangement and handling of houses and land; Handling houses and land that have to be relocated according to planning or due to environmental pollution, the drafting agency said it has amended and supplemented a number of basic contents. Accordingly, the central planning agency is decentralized to the public asset management agency of the ministry, central agency or other agency or unit of the ministry or central agency. Regarding the agency making plans at the local level: The Provincial People's Committee assigned the Department of Finance to preside over and coordinate with relevant local agencies to make arrangements for houses and land; Particularly, the preparation of plans to rearrange and handle houses and land belonging to special assets at people's armed forces units is carried out according to the regulations of the Minister of National Defense and the Minister of Public Security.

In addition, speeding up the arrangement process, the Draft Decree stipulates that in cases where problems arise for housing and land facilities and a arrangement plan cannot be immediately established, the competent agency shall prepare a plan. synthesize and report to ministries and central agencies (for housing and land facilities under central management), report to the Provincial People's Committee (for housing and land facilities under local management) for handling .

Regarding inspection of the current status (Article 5, Article 6), the draft regulations assign the inspection to the competent agency to make a plan for reorganization and handling. However, because the number of unarranged houses and land of some ministries, branches and localities is large and spread across localities, therefore, the draft Decree allows in necessary cases, the Ministries and central agencies are allowed to assign superior management agencies of agencies, organizations, units, and representatives of owners of enterprises whose houses and land must be arranged; Ministries and central agencies preside over inspection of the current status of management and use of houses and land.

The Provincial People's Committee assigns provincial-level departments, branches, branches, and district-level People's Committees to preside over and inspect the current status of management and use of houses and land of agencies, organizations, units, and enterprises under their management. Regarding the authority to approve the arrangement plan (Article 7), the draft Decree has decentralized all authority to Ministers, Heads of central agencies, and Provincial People's Committees with houses and land. The Draft Decree only retains some of the authority of the Prime Minister and the Minister of Finance as prescribed in the Law on Management and Use of Public Assets or similar cases according to the provisions of land law or actually doing it.

Regarding the order and procedures, based on the decentralization of authority to prepare and approve the above arrangement plan, to facilitate organization and implementation, the draft Decree on separation stipulates the inspection of the current status, preparation Approve the local plan into two separate Articles, which stipulate the responsibility of the Provincial People's Committee where the house and land are located must give opinions within 30 days from the date of receiving the plan for reorganization and handling. house and land (as previously prescribed).

However, in order to bind local responsibilities, the draft Decree adds additional regulations: In case past the prescribed time limit the Provincial People's Committee (where the house or land is located) has not given a written opinion, the agency has the authority to prepare a plan and submit it to the Minister, Head of the central agency, or the Provincial People's Committee for consideration and approval of the plan according to its authority or report to the competent authority or person to approve the handling plan. The Provincial People's Committee (where the house and land are located) is responsible if the plan to rearrange and handle the house and land is not consistent with the contents of the local state management function.