Crimes in the field of land management and use in Vietnam Criminal Law Based on practical research in Hanoi city

INTRODUCTION

1. Urgency of the topic

The process of industrialization and modernization of the country places great demands on state management in all aspects of economic life.

- society, in which land management is an important content related to social relations arising in the process of land use by organizations, households and individuals. In recent years, our Party and State have always paid attention to land issues; issued many legal documents regulating land-related relations in accordance with the country's innovation situation. The birth of the 2003 Land Law and related documents contributed significantly to the management of this "hot field" and considered sensitive. In addition to the achievements, we need to frankly acknowledge that there are still many shortcomings and certain limitations in state management of land, such as: land management in many localities is still lax; awareness and understanding of land law of many organizations and individuals are still limited; The situation where a number of cadres, civil servants, and people with authority in state agencies, for personal gain, have committed illegal acts, taken advantage of, abused their positions and powers, etc., leading to many negative consequences for the economy and society. As "an inch of land" increasingly affirms its value as "an inch of gold", land-related violations are also increasing. The continuous occurrence of cases related to violations in land management and use in recent times shows that this type of crime is on the rise and becoming more complicated. The complexity is not only reflected in the number of violators and the extent of damage, but also in the collusion of a number of officials with positions and powers, with extremely sophisticated and cunning tricks. Many cases that have caused public outrage nationwide, with sufficient elements to constitute a crime for criminal prosecution, require close and strong involvement from all levels and sectors, including the role of law enforcement agencies that must be strictly handled.

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Hanoi capital - the economic, cultural, political, scientific and technological center and international exchange of the whole country. In recent years, along with the impact of the market mechanism and the urbanization trend in many localities, the number of violations of land management and use in the city has been increasing, with the subjects including cadres, civil servants, authorized persons in state agencies and all citizens. The above requirement sets out that effective and reasonable land management and use is an important goal in the city's socio-economic development strategy for the period 2010 - 2020, with a vision to 2050, as set out in the Resolution of the 15th City Party Congress. To achieve these goals, there must be close coordination among relevant authorities, departments and branches of the city. In addition to strengthening propaganda to raise awareness of compliance with land laws for all classes of people, it is necessary to strictly handle violations; prosecute criminal liability for cases that have sufficient elements of land law, in order to restore order and discipline within the system of state agencies and at the localities. Solving this situation is not a simple and hasty issue, requiring us to point out each underlying cause and propose synchronous solutions that can gradually overcome it.

Realizing that the study of crimes in the field of land management and use is really urgent not only in theory, but also in current practice. In order to contribute to improving the effectiveness of the fight against this group of crimes, the author chose the research topic: "Crimes in the field of land management and use in the Vietnamese Criminal Law (Based on practical research in Hanoi)" as his master's thesis in law.

2. Research status of the topic

Based on the reality of crimes in the field of land management and use nationwide, up to now there have been a number of scientific research works related to the topic, including: Vietnamese Criminal Law Textbook (Crimes Part) , edited by Dr.Sc.Assoc.Prof.Le Van Cam (2007);

Textbook of Vietnamese Criminal Law (Part on crimes) , edited by Prof. Dr. Nguyen Ngoc Hoa (2000); Understanding Vietnamese Criminal Law , edited by Assoc. Prof. Dr. Kieu Dinh Thu (1998); Commentary on the Law amending and supplementing a number of articles of the 1999 Penal Code , edited by Nguyen Ngoc Anh and Do Khac Huong (2010); Scientific commentary on the Penal Code (Part on crimes) , edited by MSc. Dinh Van Que (2006); Criminal law on crimes violating economic management order , edited by Nguyen Mai Bo (2004) and many other scientific research works... However, there is still no work that specializes in researching crimes in the field of land management and use. In the process of building a socialist rule-of-law state in Vietnam today, especially when implementing the judicial reform strategy until 2020 according to Resolution 49-NQ/TW dated June 2, 2005 of the Politburo, the issue of in-depth research on each field needs to be clarified both in theory and practice as a basis for perfecting legal regulations on the fight against crime in general, and crimes in the field of land management and use in particular, contributing to improving the effectiveness and efficiency of law enforcement.

In general, not only in Vietnam but also in many countries around the world, based on specific political, economic, cultural and social conditions, they have established their own legal institutions to combat and prevent crimes in the field of land management and use. Choosing this topic, the author wishes to contribute a certain voice in the process of perfecting the Vietnamese legal system in general, and promoting the fight against this type of crime in particular in Hanoi.

3. Research purpose and tasks

3.1. Research purpose

Based on the theory and practice of the fight against crimes in the field of land management and use, the current situation of violations as well as the fight against this group of crimes is presented. Thereby, it points out the existing problems and shortcomings in handling crimes; proposes synchronous and systematic solutions for crime prevention and control.

violations in the field of land management and use nationwide in general and Hanoi city in particular to suit the development of the capital in the current period, contributing to improving the feasibility in the process of applying the law in practice.

3.2. Research tasks

To achieve the above purpose, the thesis has the task of studying the provisions of law related to crimes in the field of land management and use; discovering the shortcomings and inadequacies in the provisions of law as well as the reality of the fight against crime, in order to make reasonable recommendations, solutions and proposals.

4. Research objects and scope

4.1. Research subjects

The research object of the thesis is crimes in the field of land management and use.

4.2. Scope of research

The scope of the thesis is the practical work of fighting and preventing crimes in the field of land management and use (based on the study of practical fighting and handling in Hanoi from 2008 to 2012).

5. Theoretical basis, practical basis and research methods

5.1. Theoretical basis

The theoretical basis of the topic is the system of viewpoints of Marxism-Leninism and Ho Chi Minh's thought on state and law; viewpoints of the Communist Party of Vietnam on strengthening socialist legality, building a socialist rule of law state of the people, by the people and for the people.

5.2. Practical basis

The practical basis of the thesis is the judgments and decisions of the Court on crimes in the field of land management and use; summary reports and statistical data of relevant agencies on crimes in the field of land management and use in Hanoi city.

5.3. Research methods

The research method of the topic is historical dialectical methodology, combining a number of other methods such as: analysis - synthesis method, sociological investigation method, information research and processing method, statistical method, logical method, practical survey method, comparison - contrast method, analysis - interpretation method of legal provisions on the fight against crimes in the field of land management and use.

6. New scientific contributions of the thesis

This is a monograph in Vietnamese legal science at the level of a master's thesis in law, comprehensively and systematically researching the current situation of fighting and preventing crimes in the field of land management and use (based on the research of the current situation of fighting and handling in Hanoi). The following contents can be considered as new scientific contributions of the thesis:

- Clarifying general theoretical issues on crimes in the field of land management and use;

- Correctly assess the current situation of crimes in the field of land management and use in the country in general, and in Hanoi in particular. Analyze and clarify the shortcomings and limitations in the trial of crimes in the field of land management and use in Hanoi and its causes;

- Identify the need to perfect criminal law regulations on crimes in the field of land management and use and improve the effectiveness of enforcement.

At the same time, propose feasible solutions to improve criminal law regulations as well as to improve the effectiveness of the fight against and prevention of crimes in the field of land management and use in general, and in Hanoi in particular.

7. Meaning of the thesis

The research results and recommendations of the thesis are of great significance to improving the effectiveness of the fight against and prevention of crimes in the field of land management and use nationwide in general and Hanoi city in particular. Through the research results and recommendations, the author wishes to contribute to the theoretical treasure of criminal law, as well as the fight against this complex and sensitive group of crimes.

The thesis can be used as a reference for research and teaching on legal science in general, criminal law science in particular and for practical officers working at the Police, Procuracy, Court, especially in Hanoi.

8. Structure of the thesis

In addition to the introduction, conclusion and list of references, the content of the thesis includes 3 chapters:

Chapter 1. General issues on crimes in the field of land management and use under Vietnamese criminal law.

Chapter 2. Crimes in the field of land management and use under the 1999 Penal Code and practical application.

Chapter 3. Some solutions to improve regulations on crimes in the field of land management and use in Hanoi and improve the effectiveness of application.

Chapter 1

GENERAL ISSUES ON CRIMES IN THE FIELD OF LAND MANAGEMENT AND USE UNDER VIETNAMESE CRIMINAL CODE

1.1. LAND MANAGEMENT ORDER AS AN OBJECT OF PROTECTION BY VIETNAMESE CRIMINAL LAW

Land is one of the components of the territory of each country. When talking about national sovereignty, it is impossible not to mention the territory, the legal foundation of which is land.

In the historical process of human society, people and land have an increasingly close relationship with each other. Land participates in all activities of economic and social life; is the basis for the formation of villages, urban areas, cities, public works, sports, culture... and material production industries serving human needs. However, for each specific industry in the national economy, land has a different position: it is a source of wealth, fixed assets; it is a measure of the wealth resources of each person, each country; it is life insurance, financial insurance through the transfer of wealth through generations and a resource for production and consumption purposes.

In our country, land management has received special attention from the Party and State since the early days of independence and national unification. The preamble of the 1993 Land Law states:

Land is an extremely valuable national resource, a special means of production, a leading important component of the living environment, a location for distributing residential areas, building economic, cultural, social, security and defense facilities. Over many generations, our people have spent a lot of effort and blood to create and protect the land capital as it is today [53].

Since the transformation of the centrally planned economy into a multi-sector commodity economy, operating under a market mechanism with State management in the direction of socialism, the demand for land use (especially urban land) of the people, economic, political and social organizations to serve the development of the country is very large. Therefore, many problems have arisen in the process of land management and use, such as land use not in accordance with the planning and plans approved by competent state agencies; wasteful use, improper use or violations of regulations on land allocation, recovery, lease, transfer of rights, change of use purpose, land encroachment, etc. are taking place very complicatedly. In some places and at some times, there is still a situation of lax management leading to a series of serious violations in land use. This situation requires the State to pay more attention to land management, strengthen the detection and strict handling of violations, intentional violations and abuse of position and power to commit violations.

The fight against violations in general and crimes in particular in the field of land management and use to maintain political security and social order and safety is always an urgent requirement in the cause of building socialism and protecting the Fatherland. The Party's Platform for National Construction in the Transitional Period to Socialism in 1991 stated: "Combine specialized and semi-specialized forces, law enforcement agencies with mass movements. Combine preventive and educational measures as fundamental with the suppression and punishment of all types of crimes" [36]. To carry out this important task, it is necessary to first build a complete legal system, ensuring that the State manages society by law, and constantly strengthen socialist legality. Accordingly, "legality is the sacredness of law, the sustainability of legal norms... Legislation has a close relationship with law, with equality and with compliance with the law, no one, no person has any privilege before the law..." [73, pp. 100-102]. In turn, the legal system ensures stability and development in all aspects of social life, firmly protects the achievements of the revolution, and effectively serves the cause of social innovation. The legal system contributes to making the law effective and efficient.