Assessing the current situation and proposing solutions to improve the effectiveness of site clearance and resettlement at some projects in Thanh Tri district, Hanoi city

on compensation, support and resettlement when the State acquires land in Hanoi city.

Resolution No. 09/2013/NQ-HDND dated July 17, 2013 of the Hanoi People's Council on measures to ensure timely and on-schedule land recovery and site clearance for important investment projects in the capital (According to Clause 2, Article 15 of the Law on the Capital).

Decision No. 27/2013/QD-UBND dated July 18, 2013 of the Hanoi People's Committee on detailed regulations on determining residential land prices and resettlement housing prices as a basis for compensation, support and resettlement when the State acquires land in Hanoi.

Decision No. 6239/QD-UBND dated October 15, 2013 of the Hanoi People's Committee on the procedures for issuing decisions on plans for organizing land recovery, surveying, investigating, counting and measures for land recovery and site clearance; issuing decisions on phasing land recovery, land allocation and site clearance.

Land Law No. 45 dated November 29, 2013.

Maybe you are interested!

Government Decrees: No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law; No. 44/2014/ND-CP dated May 15, 2014 regulating land prices; No. 47/2014/ND-CP dated May 15, 2014 regulating compensation, support and resettlement when the State reclaims land;

Decision No. 23/2014/QD-UBND dated June 20, 2016 of the Hanoi People's Committee promulgating regulations on contents under the authority of the Hanoi People's Committee assigned by the 2013 Land Law and Government decrees on compensation, support and resettlement when the State acquires land in Hanoi.

3.1.2. Practical basis for proposing some solutions to speed up site clearance work

The Hanoi Party Committee has just issued Resolution No. 08/NQ-TU to improve the effectiveness and efficiency of compensation, support and resettlement when the State reclaims land in the city in the period of 2016-2020 and the following years. This is considered a lever to speed up the progress of site clearance as well as ensure the rights of the affected people.

land acquisition

According to the report, from 2010 to June 2016, the city had 3,073 projects requiring land acquisition; completed site clearance for 1,711 projects, with a total land area of over 8,462 hectares; paid over VND54,829 billion in compensation and support to 213,554 organizations, households and individuals and arranged resettlement for 9,924 households and individuals who had to relocate.

In the coming period, Hanoi aims to complete site clearance for about 2,700 projects (including 52 key projects and works) with a land acquisition area of nearly 6,000 hectares, involving more than 80,000 households, compensation and support of about 60,000 billion VND, and resettlement arrangements for about 19,000 households. This is a huge amount of work, because even in recent years, when compensation and resettlement support policies were relatively complete and clear, land acquisition still encountered many difficulties. Many projects were delayed due to complaints for many reasons, causing some projects to be delayed for up to a decade without being implemented, leading to waste of land resources and causing project prices to increase many times.

Resolution No. 08 assessed that, during the project implementation process, site clearance is still a difficult and complicated task and has revealed a number of limitations and weaknesses. These are: The site clearance progress of most projects, including some key projects, is still slow. The settlement of resettlement requests is not synchronous, and there are still shortcomings. The situation of complaints related to site clearance is still complicated. Publicity and transparency in mechanisms, policies and implementation organization are still limited. Propaganda and mobilization work has not been widely implemented at times and for some projects. There is a lack of breakthrough solutions in terms of procedures, processes and organization of site clearance tasks. Resolution No. 08 sets out the direction to improve the effectiveness and efficiency of compensation, support, resettlement and stabilization of life for people whose land has been recovered, ensuring that it is equal to or better than their old place of residence. There are mechanisms and policies to encourage people who have to relocate to voluntarily resettle, and to choose the form of resettlement by receiving a house or receiving money, in accordance with the needs and capabilities of the households. Gradually reduce the number of complaints and lawsuits, and prevent them from developing.

"Hot spots" and mass complaints due to land acquisition and site clearance.

To achieve the above objectives, many solutions have been proposed. Notably, the city will develop mechanisms and policies, use state capital and mobilize legal social resources to clear land for project implementation and clear land according to planning, creating "clean" land funds to prepare land for project implementation. The city also encourages households eligible for resettlement to receive financial support to arrange their own resettlement voluntarily; order businesses to build resettlement houses according to housing standards to serve resettlement needs; diversify resettlement forms, creating conditions for people whose land is recovered to choose appropriate resettlement forms.

For rural areas outside the urban development planning area, the city assigns the People's Committees of districts to decide on investment in building technical infrastructure for resettlement areas to allocate land to households. Research and consider options for building apartment buildings in suitable areas (rural areas but within the urban development planning until 2030, with a vision to 2050) to serve the general resettlement of the area.

Regarding these issues, experts all agree that these are completely correct policies. Because when implementing planning one step ahead, the problems arising in site clearance will be solved. Along with that, we must care and share with the people, especially those who have to relocate to a new place. The new place must have the same or better quality of life than the old place. In addition, it is necessary to publicize and make transparent the policy mechanisms and benefits of the people in site clearance, creating a basis for monitoring, helping people whose land is recovered feel secure in fulfilling their responsibilities.

3.2. Some solutions to speed up site clearance

3.2.1. Solutions on land use planning

The city as well as Thanh Tri district need to have a land use plan for both the long and short term. Clearly define the purpose of each land plot and have a plan.

specific use for them. Develop each land plot according to the general development orientation of the whole city. The land plots that need to be cleared for the project include agricultural land, residential land and land managed by cooperatives, so when making a compensation plan, it is very difficult and also causes many questions and complaints about compensation prices. Therefore, the district needs to have a separate reasonable planning policy for these land plots, not allowing arbitrary conversion of land use purposes. Build a synchronous and complete system of technical and social infrastructure: public works, entertainment areas need to be given due attention to develop to improve people's lives, especially the issue of planning the development of the traffic system must be carried out according to the long-term development plan and with a long-term vision. All these projects are carefully inspected and approved before implementation. Develop short-term and long-term development plans for each locality and for the whole country. Proceed according to the set plan and must be consistent with the overall plan. For Thanh Tri district, each approved planning needs to have a specific implementation plan and must regularly check and monitor the implementation process. In addition, it is also necessary to innovate planning methods to suit the development situation. In the planning process, in addition to the participation of competent authorities, it is necessary to have the participation of people in providing opinions and checking and monitoring to ensure subjectivity, harmoniously combining the interests of all social classes, with the ultimate goal of maximizing the benefits of the whole society. Once the people agree, the State's land acquisition decisions to serve socio-economic development will be supported by the people and the site clearance work will also be easier.

3.2.2. Compensation policy solutions

Policies must focus on resolving the relationship between the rights of the State and the rights of land users, the relationship between the social benefits that the project brings and the benefits of people whose land is recovered. Regularly supplement and amend regulations on land price frameworks to suit reality. Adjust the price level to ensure that the compensation price of land is consistent with the actual value of the land used, close to the market price. To have a long-term plan and be proactive in solving employment for workers.

Through vocational guidance and training programs, creating conditions for stable development, it is necessary to have a policy to study and establish a job creation fund to support vocational training when production land is recovered, industrial development projects, tourism, services in the area, giving priority to recruiting workers in places where land is recovered. Allowing establishments that have to move to borrow capital at low interest rates, creating favorable conditions for investment in new technical infrastructure. Continuing to direct the issuance of documents amending and supplementing policies in a synchronous manner and applying policies when implementing compensation, support, and resettlement. Law plays an important role in the cause of national development, an indispensable factor in the cause of industrialization and modernization. Perfecting the legal system in general and the land law system in particular is a mandatory requirement of the rule of law state.

To implement compensation, support and resettlement when the State acquires land, the issue of amending and promulgating the compensation policy framework for households (such as production and business support, temporary residence support, relocation support, career and employment conversion support, etc.), resettlement policy mechanism needs to be carried out soon, otherwise it will create contradictions in the Land Law, causing disadvantages, affecting the progress of land acquisition and clearance. At the same time, with the amendment and completion of the State's legal policy system, authorities at all levels need to have detailed and specific guidance documents suitable to the reality of land acquisition and clearance work.

3.2.3. Developing, improving the qualifications and responsibilities of staff

The system of documents and policies serving compensation and site clearance work is increasingly being improved. However, in reality, there are still cases where compensation officers have poor capacity or intentionally apply inappropriate policies, causing people to be upset. Compensation council members are limited in both quantity and qualifications. Some are unprofessional officers, lacking professional knowledge of compensation policies while the calculation of compensation for site clearance is very complicated. Therefore, mistakes in inventory, measurement, and pricing are inevitable. To ensure the completion of the legal framework along with policies related to site clearance work, in addition to providing a compensation plan

To be satisfactory, the staff must have sufficient capacity and professional qualifications. For the management apparatus: This is the most important issue that determines the work of compensation for land acquisition and clearance. The management apparatus must ensure the principle of centralized unity from the central to local levels, must clearly assign and decentralize, and stipulate specific powers as well as responsibilities of sectors and levels to avoid overlapping functions, tasks, and powers. At the same time, there must be close, regular, and continuous coordination between sectors in the implementation of compensation for land acquisition and clearance. For staff working on compensation for land acquisition and clearance: Pay attention to training, nurturing and improving the capacity, spiritual level, responsibility, and moral qualities of the staff. Regularly coordinate with local authorities to organize training courses for local specialized staff for compensation for land acquisition and clearance. It is necessary to set out regulations on appropriate reward systems to encourage and motivate the sense of responsibility of officials. At the same time, there must be strict regulations to handle cases where officials take advantage of their authority and position for personal gain or cases where officials lack a sense of responsibility.

Functional departments need to actively advise the District People's Committee to submit to the Hanoi City People's Committee for approval of the plan as a basis for organizing the implementation of procedures to organize construction investment work according to regulations.

The District People's Committee and related departments, People's Committees of communes and towns shall direct the implementation of project investment and construction work. When assigning tasks to units, it is necessary to determine a specific time for completing the task. Implement well the work of investment supervision and evaluate the effectiveness of investment projects in the district.

Raise awareness and responsibility of investors in implementing projects. Regularly hold meetings on the implementation of basic construction investment projects, focus on finding solutions, and promote the implementation of site clearance for investment projects.

3.2.4. Raising awareness among people

The people's decision on land handover for the project is the final and most important decision affecting the progress of site clearance work. Many projects

Due to people's lack of understanding or poor awareness, they do not comply with State regulations and do not hand over land when the State reclaims it, causing the project to be delayed, causing damage to the investor and the State. Therefore, it is necessary to raise awareness among people in the following ways:

Regularly disseminate legal and social knowledge to the people. Organize meetings to answer people's questions and listen to their opinions. Thereby, we can have the best compensation, support and resettlement plans.

Sustainable socio-economic development, environmental improvement, and enhancement of people's material and spiritual life. Creating all conditions for people to access cultural and artistic forms, social services, and modern advanced technologies.

Apply incentives to people who hand over the land on time and before the deadline and strictly punish those who do not hand over the land on time and intentionally obstruct the site clearance work. Thereby, to encourage people to actively participate and coordinate with the authorities to effectively carry out the compensation and site clearance work.

The District Compensation Council needs to closely coordinate with local mass organizations to promote advocacy and propaganda so that people understand the purpose of the projects, thereby agreeing and promptly handing over the site.

3.2.5. Development of housing and land funds for resettlement

Land acquisition and resettlement is always a difficult and complicated issue for those involved in this work. Many projects have had to use coercive measures to relocate people out of the planning area. The reason for this is that, in addition to the reason for the unsatisfactory compensation price, the location and quality of the resettlement area are also other reasons why people do not want to move to a new place of residence. Therefore, it is necessary to develop housing and land funds to meet the people's wishes and ensure their benefits when moving. Direct the People's Committees of communes, based on the detailed planning approved by the City People's Committee, to proactively determine land funds and establish projects to build resettlement areas to serve the relocation of people.

If there is no more land fund, coordinate with other communes to implement. The work of preparing land fund and resettlement housing fund must be one step ahead, ensuring full conditions for establishing resettlement areas with living area and technical infrastructure conditions equal to or greater than the old place of residence. Resettlement areas must be attached to new urban areas, have a synchronous infrastructure system, creating conditions for integration with policies between population groups. Resettlement is organized in many different forms; land allocation, house sale, house rental, cash compensation for people to arrange their own new place of residence, concentrated or dispersed resettlement, to suit the customs of the people in each area, at the same time, it is necessary to classify migrants as farmers and other occupations to have appropriate policies. It is necessary to improve the quality of resettlement areas in all aspects such as the level of completion of technical infrastructure and social infrastructure.

Assessing the current situation and proposing solutions to improve the effectiveness of site clearance and resettlement at some projects in Thanh Tri district, Hanoi city - 14

Comment