Exercising the right to supervise according to the law, the City People's Council has Resolutions No. 03/2005/NQ-HDND dated March 5, 2005, No. 12/200/NQ-HDND dated December 16, 2000 and No. 22/2009/NQ-HDND dated December 11, 2009 recommending the City People's Committee to resolve complicated and pending complaints and denunciations in the area; establish delegations to supervise law enforcement in receiving citizens and handling complaints and denunciations of citizens in the area.
Every year, the City People's Committee directs units to conduct inspections and reviews of pending, complicated, and crowded complaints and denunciations that may create "hot spots"; complaints and denunciations that have been resolved in writing with legal effect but have not yet been implemented or citizens continue to complain and denounce to resolve them completely and organize thorough implementation. The City People's Committee assigns the City Inspectorate to inspect the responsibilities of heads of agencies at all levels in receiving citizens and resolving complaints and denunciations.
Departments, branches, People's Committees of districts, towns and cities in the city regularly draw experience in the work of receiving people and handling complaints. The work of handling complaints about land is gradually becoming more organized; the legitimate rights of citizens are guaranteed; contributing to maintaining political security, order and social safety in the capital, specifically as follows:
- In 2003: the whole city received 02 cases, resolved 660 cases (accounting for 94%).
- In 2004: the whole city received 1,056 cases, resolved 91 cases (accounting for 8%).
- In 2005: the whole city received 984 cases, resolved 892 cases (accounting for 90%).
- In 2006: the whole city received 1,215 cases, resolved 1,142 cases (accounting for 94%).
- In 2000: the whole city received 92 cases, resolved 836 cases (accounting for 90%).
- In 2008: the whole city received 1,322 cases and resolved 1,264 cases (accounting for 95%).
- In 2009: the whole city received 1,028 cases, resolved 965 cases (accounting for 93%).
- In 2010: the whole city received 1,129 cases, resolved 1,006 cases (accounting for 89%).
- In 2011: the whole city received 1,222 cases, resolved 1,100 cases (accounting for 90%).
In total: the city received 9,590 cases, and resolved 8,82 cases (accounting for 92%).
In particular, in recent years, the Hanoi People's Committee has resolved a number of typical, complex, and prolonged complaints and denunciations involving many people in localities in Hanoi.
In recent years, there have been a number of mass complaints and denunciations in the city, mainly related to land acquisition, compensation, support and resettlement when implementing projects in the city, typically: Citizens of Tan Mai and Truong Dinh wards (Hoang Mai district); citizens of 5 communes in Soc Son district; citizens of Duong Noi and Yen Nghia wards in Ha Dong district; citizens of Co Nhue commune in Tu Liem district, citizens of group 1E, Trung Liet ward, Dong Da district...
For the typical, mass complaints and denunciations mentioned above, the City leaders, together with the leaders of the city's departments, branches, districts, and towns, promptly organized dialogues with citizens right at the grassroots level to grasp the aspirations of the citizens and direct specific solutions; at the same time, there were also resolute measures in handling citizens who filed complaints in large numbers, causing disorder in public places, violating the provisions of the law [38, pp. 3-6].
2.2. ACHIEVEMENTS AND LIMITATIONS OF LAW ENFORCEMENT IN RESOLVING LAND COMPLAINTS IN HANOI CITY
2.2.1. Results achieved
Since the 2003 Land Law took effect, the Hanoi People's Committee has promptly issued legal documents on land to specify the provisions of the Law, Decrees, and Circulars for implementation by all levels and sectors. The city's legal documents and administrative documents on land ensure compliance with the provisions of the law, contributing to promoting the city's socio-economic development. Land-related cases, complaints, and denunciations are focused on being resolved promptly, ensuring objectivity.
Since the Land Law took effect until 2011, the Hanoi People's Committee has issued 50 legal documents on land and 7,059 administrative decisions on land in land allocation, land lease, land recovery, land requisition, permission to change land use purposes; compensation, support, site clearance, resettlement; granting or revoking land use right certificates; extending land use duration to ensure compliance with the provisions of the Land Law, specifying the provisions of the Law, Decrees, and Circulars in accordance with local conditions. After issuing legal documents, the Hanoi People's Committee has organized conferences to guide implementation. In general, legal documents and administrative decisions related to the land sector of the Hanoi People's Committee basically meet the requirements of state management of land, the requirements of socio-economic development of the capital, contributing to effective land use, creating a large source of revenue for the state budget. In the past time, in the whole city, citizens have basically complied with and implemented well the administrative decisions on land.
Through GQKNTC, violations were discovered, recommendations were made to recover over 341 billion VND, put 12 hectares of land under management, and recommendations were made to compensate an additional 25.6 billion VND.
for households subject to land acquisition and compensation, returning 1.45m2 and 316m2 of houses to the people , disciplining 251 civil servants, transferring 15 cases to the investigation agency, and correcting many other violations in management work, thereby continuing to build and strengthen people's trust in local authorities [36, pp. 1-6].
Since 2003, the City People's Committee has assigned the City Inspectorate to review and conclude 1,600 complaints and denunciations related to land. Specifically:
Table 2.1: Summary of the number of complaints and denunciations related to land assigned by the Hanoi City People's Committee to the Hanoi City Inspectorate for consideration and conclusion
from 2003 to 2010
Year
Number of complaints and denunciations related to land that have been reviewed and concluded | |
2003 | 185 |
2004 | 98 |
2005 | 80 |
2006 | 224 |
2007 | 290 |
2008 | 281 |
2009 | 315 |
2010 | 134 |
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Source: Hanoi City Inspectorate.
With the attention and direction of Party committees at all levels and the efforts of leaders of People's Committees of districts, communes, wards and towns, Directors of departments, branches and inspectors at all levels, the work of settling complaints and disputes related to land has had positive changes. Most of the complaints, denunciations and dispute settlements are considered and concluded in accordance with regulations.
Basically, the GQKN decisions including land complaints have been implemented. According to the Report of Hanoi City People's Committee sent to the Inspectorate
Regarding the work of receiving citizens and handling complaints in the past 4 years (2008-2011), the Hanoi People's Committee issued 1,868 decisions on handling complaints, including specific annual figures, specifically:
- 2008: Total number of GQKN decisions issued: 909
+ Number of decisions made: 82
+ Number of decisions not yet implemented: 12
- 2009: Total number of GQKN decisions issued: 162
+ Number of decisions made: 118
+ Number of decisions not yet implemented: 44
- 2010: Total number of GQKN decisions issued: 313
+ Number of decisions made: 22
+ Number of decisions not yet implemented: 86
- 2011: Total number of GQKN decisions issued: 484
+ Number of decisions made: 395
+ Number of decisions not yet implemented: 89
To contribute to improving the effectiveness of law enforcement in general and land-related complaints and denunciations in particular, the Hanoi People's Committee has conducted an inspection of the responsibility for implementing the law on complaints and denunciations.
Every year, according to the Inspection work program, the City People's Committee issues decisions approving inspection plans for the implementation of the Law on Complaints and Denunciations at units in the city; From 2008 to 2011, the City Inspectorate conducted 95 inspections of the Law on Complaints and Denunciations against Chairmen of District, Town and City People's Committees, Directors of Departments and branches according to the plan approved by the City People's Committee, specifically:
- In 2009, inspected the implementation of the Law on Complaints and Denunciations at 31 units.
including: 29 districts, towns and the Department of Construction, Department of Natural Resources and Environment.
- In 2010, inspection of the implementation of the Law on Complaints and Denunciations was carried out at 31 units including: 29 districts, towns, and the Department of Construction and the Department of Natural Resources and Environment.
- In 2011, inspection of the implementation of the Law on Complaints and Denunciations was carried out at 33 units including: 29 districts, towns and the Department of Natural Resources and Environment, Department of Planning and Architecture, Department of Culture, Sports and Tourism, Department of Labor, War Invalids and Social Affairs.
Through inspections of the implementation of the Law on Complaints and Denunciations at units, the Inspection Teams have pointed out the limitations that need to be overcome in the work of receiving citizens and resolving complaints and denunciations of citizens. The City People's Committee has issued documents directing the Chairmen of the People's Committees of districts, towns and the Directors of the inspected Departments to seriously overcome the shortcomings pointed out in the inspection conclusions of the City Inspectorate; and to compile a report to the Government Inspectorate, the Standing Committee of the City Party Committee, and the Standing Committee of the City People's Council [35, pp. 11-12].
2.2.2. Limitations
Besides the achieved results, the application of law in land use rights and interests in Hanoi still has many limitations and shortcomings.
According to the Government Inspectorate, there is currently 1 case of mass complaints and denunciations and 13 cases of individual complaints in Hanoi. Most of the cases are related to compensation and resettlement when the State reclaims and clears land, and disputes over land use rights. In addition, there are a few complaints about economic violations that cause loss of state assets or investors who build incorrectly according to design, causing insecurity and affecting the rights of the people... According to Vice Chairman of the City People's Committee Vu Hong Khanh, the reason for the mass and complicated complaints and denunciations that have lasted for a long time is because many cases exceed the scope of the law.
The authority of the city. There are cases where the police, construction and internal affairs sectors have all concluded, but people continue to complain. To completely resolve the above problems, the Central Government and relevant ministries, departments and branches are needed. Accordingly, for outstanding cases related to any ministries, departments and branches, the Prime Minister will assign that ministry, department or branch to be responsible for resolving them. For other complicated cases, the Government Inspectorate, together with the Hanoi People's Committee, will review and agree on a final solution so that people understand and agree with the inspection conclusions.
- Some units have not yet implemented direct leadership from the people on a regular basis.
- In the work of handling petitions, there are still problems in distinguishing and handling petitions, confusing between complaints and denunciations with petitions and reflections, complaints and denunciations, and distinguishing the authority to resolve land disputes between administrative agencies and the Court. Especially at the commune, ward and town levels, due to the lack of specialized staff, the work of receiving citizens and handling petitions, depending on the location, is arranged by office staff, judicial staff, land officers or the People's Inspectorate, etc. and often changing staff, so the professional handling of petitions is not thorough, leading to confusion and inaccuracy.
- Some units have not yet issued a decision to accept complaints under their authority; the time limit for handling complaints is still long, and dialogues with citizens have not been organized when handling complaints for the first time according to the provisions of the Law on Complaints and Denunciations.
The process of applying the law in land dispute settlement still has some shortcomings such as:
- Due to lax land management many years ago, the situation of citizens disputing, complaining and denouncing in the land sector has resulted in many complicated incidents, many of which have even become "hot spots" where large groups of people gather and go to central agencies and the city People's Committee to put pressure.
- Due to changes in legal policies, lack of strictness, and lack of specificity, when the State issues new policies, some professional staff have difficulty in applying them. For example, in the work of land price compensation when people relocate and clear land, those who strictly comply go first and suffer material losses, those who oppose and have not received compensation when the new policy is applied receive higher compensation, which also leads to complicated mass complaints.
- In some places, complaints are slow to be accepted, considered and resolved, and some cases are still pending and prolonged, causing frustration among citizens.
- The archives of some suburban districts are still incomplete and inaccurate because in the past, the districts did not establish land records, did not have maps and archives, which created difficulties in finding and verifying the basis for resolving land disputes and complaints. In addition, the coordination between agencies in verifying, collecting records and resolving is still sometimes not good, affecting the time and quality of resolution by competent agencies.
- Coordination of information on the situation of citizen reception and land dispute settlement between levels is still limited. Many decisions with legal effect are slow to be implemented. State management of complaints is sometimes not really proactive, lacking inspection, supervision and measures to remind and handle cases of intentional failure to promptly resolve citizens' complaints and failure to comply with legally effective decisions of competent authorities.
- There are too few cadres working in land administration and inspection, especially specialized land inspection staff in the units, so it is difficult to resolve, especially timely resolve, complicated land disputes and complaints.
- The awareness of compliance with land laws of the people and organizations is not high. In fact, in some places, the local government has not managed closely and lacked responsibility, so people encroached on public land.