HANOI NATIONAL UNIVERSITY
UNIVERSITY OF NATURAL SCIENCES
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Mai Xuan Huy

ASSESSMENT OF THE CURRENT STATUS OF COMPENSATION WORK,
SUPPORT AND RESETTLEMENT WHEN THE STATE RECOVERS LAND AT SOME PROJECTS IN HONG BANG DISTRICT,
HAI PHONG CITY
MASTER OF SCIENCE THESIS
HANOI NATIONAL UNIVERSITY
UNIVERSITY OF NATURAL SCIENCES
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Mai Xuan Huy
ASSESSMENT OF THE CURRENT STATUS OF COMPENSATION WORK,
SUPPORT AND RESETTLEMENT WHEN THE STATE RECOVERS LAND AT SOME PROJECTS IN HONG BANG DISTRICT,
HAI PHONG CITY
Major: Land Management Code: 8850103.01
MASTER OF SCIENCE THESIS
Scientific supervisor: Dr. Chu Thi Quynh Diep
COMMITMENT
I hereby certify that this is my own research work, the research results presented in the thesis are honest, objective and have never been used to defend any academic degree.
I certify that all information cited in this thesis has been clearly indicated in its source.
Hanoi, November 2019
Thesis author
Mai Xuan Huy
ACKNOWLEDGEMENTS
I would like to thank the lecturers of the University of Natural Sciences and colleagues for creating favorable conditions for work, finance and strong encouragement to motivate me to strive to complete my study and research tasks during the past time.
In particular, I would like to express my deep gratitude to Dr. Chu Thi Quynh Diep, my scientific supervisor, and Associate Professor Dr. Tran Van Tuan, who have guided and helped me wholeheartedly, and have instilled in me a passion for scientific research and the effective application of scientific research into my practical work.
I would also like to sincerely thank the Board of Directors of the University of Natural Sciences and the departments under the school for their enthusiastic cooperation and support in the process of carrying out research content for the thesis.
Finally, I would like to thank my friends, colleagues, and experts in the field of land management for their enthusiastic support and facilitation in completing my study and research tasks.
Thank you very much!
Hanoi, November 2019
Thesis author
Mai Xuan Huy
INDEX
INTRODUCTION 1
CHAPTER 1 6
OVERVIEW OF RESEARCH PROBLEM 6
1.1. Theoretical basis for land acquisition, compensation, support, and resettlement when the State acquires land 6
1.1.1.Need for land acquisition, compensation, support, and resettlement in the process of industrialization and urbanization 6
1.1.2. Concept and requirements of land acquisition, compensation, support and resettlement 6
1.1.3. Principles and roles of land acquisition, compensation, support and resettlement 10
1.1.4. Factors affecting land acquisition, compensation, support and resettlement 11
1.1.5. Criteria for evaluating the effectiveness of land acquisition, compensation, support and resettlement 14
1.2. Legal basis for compensation, support and resettlement when the State reclaims land according to current land law 15
1.2.1.Land Law 2013 and Decrees, Circulars 15
1.2.2.Guiding documents of Hai Phong City People's Committee 20
1.3. Overview of compensation, support and resettlement policies when land is acquired by international organizations and in some countries around the world 20
1.3.1. Compensation, support and resettlement policies when land is acquired by international organizations 20
1.3.2. Compensation, support and resettlement policies when China acquires land 21
1.3.3. Compensation, support and resettlement policies when acquiring land in Indonesia 22
1.3.4. Compensation, support and resettlement policies when land is acquired in Sweden 23
1.3.5. Compensation, support and resettlement policies when acquiring land in Australia 23
1.3.6. Lessons learned for Vietnam 25
1.4. Overview of the implementation of compensation, support and resettlement work in Hai Phong city 26
CHAPTER 2 28
ASSESSMENT OF THE CURRENT STATUS OF COMPENSATION, SUPPORT AND RESETTLEMENT WHEN THE STATE RECOVERS LAND OF SOME PROJECTS IN HONG BANG DISTRICT, 28
HAI PHONG CITY 28
2.1. General introduction to Hong Bang District, Hai Phong City 28
2.1.1. History of formation and development 28
2.1.2. Natural and socio-economic conditions 29
2.1.3. Assessment of advantages and disadvantages of natural and socio-economic conditions of Hong Bang district, Hai Phong city affecting compensation, support and resettlement work 31
2.2. Land management and use situation in Hong Bang district, Hai Phong city 33
2.2.1.State management situation of land in Hong Bang district, Hai Phong city 33
2.2.2. Current land use status in 2019 and land use changes in Hong Bang district, Hai Phong city in the period 2014-2019 35
2.3. Overview of land acquisition projects in Hong Bang district, Hai Phong city in the period of 2014-2019 implemented according to the 2013 Land Law 40
2.4. Assessment of the current status of compensation, support and resettlement when the state reclaims land of some projects in Hong Bang district, Hai Phong city 41
2.4.1. Assessment of the current status of compensation, support and resettlement of Hoang Van Thu bridge project, Minh Khai ward, Hong Bang district, Hai Phong city 41
2.4.2. Assessment of the current status of land acquisition, compensation, support and resettlement of Vinhomes Imperia Urban Area Project (formerly known as Xi Mang Urban Area Project), Thuong Ly Ward, Hong Bang District, Hai Phong City 54
2.4.3. General assessment of compensation, support and resettlement of some projects in Hong Bang district, Hai Phong city 68
CHAPTER 3 73
PROPOSAL OF SOME SOLUTIONS TO IMPROVE THE EFFECTIVENESS OF IMPLEMENTING COMPENSATION, SUPPORT AND RESETTLEMENT POLICIES WHEN THE STATE RECOVERS LAND IN HONG BANG DISTRICT, HAI PHONG CITY 73
3.1. Orientation of compensation, support and resettlement when the state acquires land to implement projects in Hong Bang district, Hai Phong city, period 2020 - 2025 73
3.2. Viewpoints and principles of compensation, support and resettlement when the State acquires land to implement projects in Hong Bang district, Hai Phong city 74
3.2.1. Viewpoints on compensation, support and resettlement 74
3.2.2.Principles in compensation, support and resettlement 75
3.3. Proposing solutions to improve the effectiveness of implementing compensation, support and resettlement policies in Hong Bang district, Hai Phong city 76
3.3.1. Perfecting the system of legal documents 76
3.3.2.Complete solutions for determining land prices, compensation, and support when the State reclaims land 76
3.3.3.Regarding resettlement support policy 78
3.3.4. Strengthening the leadership of Party committees at all levels and the active participation of socio-political organizations and people's unions 79
3.3.5 Improving the quality of cadres and civil servants 80
3.3.6. Strengthening inspection and examination of land acquisition, compensation and resettlement support 81
3.3.7. Ensuring the right to complain and denounce of individuals and organizations when the State recovers land 82
3.3.8. Information disclosure and ideological work for households and organizations when the State acquires land, compensates, supports and resettles 82
3.3.9.Enhancing the quality of planning and land use planning 83
CONCLUSION AND RECOMMENDATIONS 84
LIST OF REFERENCES 87
APPENDIX 90
LIST OF TABLES AND IMAGES
Table 2.1: Current status of land area of Hong Bang district in 2019 37 Table 2.2. Land area fluctuation by purpose of use 38 Table 2.3: Land fluctuation in Thuong Ly ward and 39 Minh Khai ward, Hai Phong city 39
Table 2.4: Hoang Van Thu Bridge Project 42
Table 2.5: Land area recovered at Hoang Van Thu bridge project 44 Table 2.6: Summary of information on land and assets on land 44
Table 2.7: Summary of land compensation prices at Hoang Van Thu bridge project
46
Table 2.8: Summary of BTHT funding for property damage on land 47 Table 2.9: Support policies at the project 49
Table 2.10: Resettlement arrangement of project 49
Table 2.11: People's opinions on compensation and support policies at project 50
Table 2.12: People's opinions on resettlement policy at project 52 Table 2.13: People's general opinions on 52
BTHT&TDC work of project 53
Table 2.14: Land area recovered at Vinhomes Imperia Urban Area Project 55 Table 2.15: Detailed planning of Vinhomes Imperia Urban Area Project56
Table 2.16: Land acquisition results of Vinhomes Imperia urban area project 58 Table 2.17: Number of households, agencies and organizations subject to land acquisition 59 Table 2.18: Results of determining subjects eligible for compensation 60
Table 2.19: Compensation land price compared to actual market price 61
Table 2.20: Compensation results for supporting assets on land at project 61 Table 2.21: Support policies at project 62
Table 2.22: Results of resettlement arrangement implementation 63 Table 2.23: People's opinions on compensation and support policies 64 at project 64
Table 2.24: People's opinions on resettlement policy at project 65 Table 2.25: People's general opinions on resettlement policy of the project
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