Bethel International has not been resolved and the company has not received compensation yet, but the People's Committee of Phu Tho province has assigned land to Vina Green Global Company for construction.
2.2.2. Current status of law enforcement in handling complaints about granting and revoking land use right certificates
In order to meet the requirements of law enforcement in resolving land complaints in the new situation, the research and issuance of guiding documents on resolving land complaints has been regularly carried out by Party committees and authorities at all levels. In recent years, hundreds of documents of all kinds including: Directives, Resolutions, Decisions, Plans, Guidance Documents, Notices... have been issued to direct and guide the enforcement of law in resolving land complaints.
The system of documents regulating the enforcement of laws in resolving land complaints by the People's Committees at the provincial level has partly created a legal corridor, which is the basis for localities and units to carry out the work of resolving land complaints in a unified manner; contributing to promoting all levels, sectors, organizations and people to promote creativity to successfully carry out the planned tasks.
From 2012 to 2016, after more than 4 years of implementing the 2011 Law on Complaints and more than 2 years of implementing the 2013 Land Law, state administrative agencies received 1,503,607 people coming to complain, denounce, petition and reflect. Although the number of cases decreased by 6.3% compared to the previous period, mass complaints and denunciations increased sharply, with their fierce and complicated nature appearing in many localities. According to statistics, during this period, there were 18,316 mass complaint delegations, an increase of 33% compared to the previous period. Of which, the number of mass delegations at the Central Party and State Citizen Reception Offices in Hanoi and Ho Chi Minh City increased by 35.7%. Mass delegations
The number of complaints received by ministries and branches increased by 62.4%; in localities, the number of large groups increased by 30.1% [28]. In 2017, state administrative agencies at all levels received 415,383 citizen complaints (an increase of 14% compared to 2016) with 310,633 cases (an increase of 66% compared to 2016); there were 5,624 large groups (an increase of 15% compared to 2016) [30].
According to statistics from the Ministry of Natural Resources and Environment, from 2012 to June 2016, the Ministry received 1,884 citizens coming to complain and denounce, with a total of 11,814 people, including 387 large groups. At the same time, it received and processed 17,630 petitions, of which 7,227/17,630 cases were eligible for processing (there were 10,403 duplicate petitions, accounting for 59% of the petitions). In
7,227 cases were eligible for handling, including 5,022 administrative complaints about land (accounting for 69.5%), 951 land disputes (accounting for 13.2%), and 531 cases of reclaiming old land (accounting for 7.3%). The results of handling 7,227 eligible cases showed that 5,911 cases were under the jurisdiction of localities (accounting for 81.2%), and only 271 cases were under the jurisdiction of the Ministry of Natural Resources and Environment (3.8%) [6]. In 2017, the Ministry received 413 citizens coming to complain and denounce, with a total of 976 people, including 38 large groups. At the same time, a total of 3,284 petitions and letters were received (a decrease of 9.6% in the number of petitions and 5.6% in cases compared to 2016), petitions in the land sector accounted for 95.3% (3094/3248 petitions). Of the total number of petitions received, there were 1400 duplicate petitions that did not meet the conditions for processing (accounting for 44%); there were 1818 petitions that met the conditions for processing, of which 1602 petitions were under the jurisdiction of local authorities for processing (accounting for 88.6%) [8].
Thus, after more than 5 years of implementing the 2011 Law on Complaints and more than 3 years of implementing the 2013 Land Law, it can be seen that: although the situation of land complaints tends to decrease, specifically from 2005 to 2007, each year, an average of about 10,000 petitions about land were received; from 2008 to 2011, an average of about 6,000 petitions were received each year; from 2012 to 2016, each year, an average of about 10,000 petitions were received.
On average, about 4,000 petitions [5] but still account for a large proportion, such as complaints and denunciations about land, which still account for approximately 60% to 70% of the number of complaints and denunciations. In particular, at the Ministry of Natural Resources and Environment, more than 95% of the petitions received are complaints and denunciations about land [7]. In particular, according to statistics, the number of large delegations received by central ministries and branches increased by 62% compared to the period 2008 - 2011; the Central Citizen Reception Committee increased by 32.7%, meaning that the situation of mass petitions has the potential to become complicated and unpredictable, with delegations of up to several hundred people with indignant and harsh attitudes, many times gathering at the central level [29]. Notably, the large-scale complaint groups were closely linked, organized, and supported with food and money by a number of spontaneous organizations, and even arrested officers and soldiers on duty (such as the incident in Dong Tam commune, My Duc district, Hanoi).
The current situation of complaints in general and land complaints in particular has been assessed by the Politburo: “ The situation of complaints and denunciations in general and complaints and denunciations related to corruption, judicial activities, and religion are still complicated. Many complaints and denunciations about land and property disputes have not been resolved completely, causing frustration and potential risks of creating “hot spots” in security and order. Some cases have been resolved by competent authorities in accordance with policies and laws but have not been strictly implemented. The above situation has negatively impacted socio-economic development, creating an excuse for hostile forces and bad elements to take advantage of and sabotage, reducing people's trust in the Party and the State ” [1].
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STATUS OF COMPLAINTS IN PHU THO PROVINCE
FROM 2015-2019
(According to Newspaper No. 170 BC-UBND dated December 20, 2019 of Phu Tho Provincial People's Committee, the results of 5 years of operation of Mr. Ha Ha were reported from 2015-2019) .
160
140
120
100
80
60
Total number of complaints in the province
Number of complaints in the land sector
40
20
0
2015
2016
2017
2018
2019
Thus, according to statistics, the number of land complaints accounts for the majority of the total number of complaints in Phu Tho province in recent years (75.9%) [36]. Although the number of complaints has fluctuated over the years, it is clear that land complaints are still one of the most pressing issues in complaint settlement activities in Phu Tho province.
Complaints related to the issuance and revocation of land use right certificates in Phu Tho province are caused by some common errors such as issuing wrong location, area, land type; revocation of land use right certificates not following proper procedures, complaints about financial obligations when changing land use purpose, when land use right is recognized.
2.2.3. Current status of law enforcement in handling complaints about administrative sanctions for violations in land management and use
Regarding complaints about administrative decisions on land allocation, land lease, and permission to change land use purposes, the reasons for complaints are that the administrative decisions do not ensure the necessary conditions according to regulations, do not comply with the procedures for land allocation, land lease, and permission to change land use purposes, lack of transparency, democracy, and fairness in the decision-making process; do not take into account the needs of land users, and measures to stabilize people's lives after land is recovered. Measures to ensure that land after recovery is used for the right purpose, within the right time, and to ensure the value generated from the recovered land.
Complaints about the content related to reclaiming old land and complaints about administrative decisions to resolve land disputes: Reclaiming land that the state has managed and assigned to others for use during the implementation of cooperatives; reclaiming land under state management during the process of industrial and commercial renovation, managing ownerless land, leased land or disputes over reclaiming old land; disputes over land use rights related to land use right transfer contracts, disputes over inheritance of land use rights, disputes over land use rights boundaries, disputes over land of religious and worshiping establishments, disputes over land for lease, loan, or temporary residence.
Typically, the case of Ms. Le Thi Khe and Le Thi Canh of Tan Son district complaining about the households transferring agricultural land to Tuan Dat enterprise for only 8 years but the Provincial People's Committee assigned it to Tuan Dat company for 50 years. Or the case of Ms. Le Thi Tuyen of Thanh Thuy district complaining about the Commune People's Committee taking land in the residential area currently in use from the household and selling it to another household without compensation.
* Results of organizing the implementation of decisions on land complaint settlement of the People's Committee of Phu Tho province
The implementation of the complaint settlement decision can be considered as the process of “realizing” the complaint settlement decision. This is an important stage, it ensures the value of the entire complaint settlement process.
In Phu Tho province from 2015 to 2019, the total number of administrative decisions on land management issued was 148 decisions, of which 34 were issued in 2015, 28 in 2016, 46 in 2017, 23 in 2018 and 17 in 2019 [36]. Basically, the administrative decisions issued are legal. However, in the process of applying the Land Law and documents guiding the law into practice, there are still a number of administrative decisions issued that are not in accordance with the correct procedures, leading to complaints, denunciations and recommendations from citizens such as: land recovery decisions, some decisions on land allocation beyond authority, inaccurate recognition of land use rights and assets attached to land, etc.
The majority of citizens in the province have strictly complied with administrative decisions on land, especially decisions on land recovery; thus, clean land has been created to implement socio-economic development projects in the province: industrial parks, industrial clusters, craft villages, projects on roads, power lines, etc.
2.3. General assessment of the current status of law enforcement in resolving land complaints by the People's Committee of Phu Tho province
2.3.1. Results achieved
The leadership in receiving citizens and resolving citizens' complaints in the land sector has been concerned, directed strongly and closely by leaders at all levels and sectors of the province. Every month, the leaders of the Provincial People's Committee have arranged a schedule and organized regular citizen receptions. The provincial leaders have focused on directing the strengthening of inspection of law enforcement on complaints; the Provincial People's Committee has proactively issued legal documents on receiving citizens and resolving complaints in the land sector to promptly implement the laws,
Propose many solutions suitable to the actual situation of the locality for resolving land complaints, promptly remove obstacles arising during the implementation process, build the Project of the People's Reception Committee of the Provincial People's Committee...
The synchronous and timely solutions of the Provincial People's Committee on the work of receiving people and resolving land complaints have made this activity increasingly regular. Many cases related to mass complaints in localities with land acquisition projects have been basically resolved, contributing to political stability and maintaining security and social order. The situation of citizens gathering to file complaints at the People's Committee, especially at People's Council meetings, has decreased. Mass and complicated complaints have been promptly resolved, ensuring proper procedures, objectivity and accuracy, thus contributing to limiting the emergence of new complaints.
Democracy in the settlement of land complaints by state administrative agencies in Phu Tho province has always been focused on. The leaders of the Provincial People's Committee have allocated more time for dialogue during the complaint settlement process before deciding to resolve it. Strengthening the direction of advisory agencies in preparing and publicizing the dialogue procedures before entering into the dialogue, so that the dialogue is of high quality and effective. The number of complaint settlement cases with the participation of lawyers is increasing, the participation of lawyers has created favorable conditions for protecting the legitimate rights and interests of the complainant with equality in research and assessment of evidence of the complainant, the defendant and related parties.
The settlement of land complaints by state administrative agencies in the province is conducted according to the complaint settlement procedures issued by competent authorities, made public on electronic information pages, local media and posted at the reception office of the province.
levels, sectors, agencies and units. This is the concretization of the complaint settlement procedures of the Law on Complaints and related legal documents. Meeting the requirements of publicity, transparency, ease of access and ease of implementation of the complaint settlement process of state administrative agencies. Thereby creating favorable conditions for the settlement of complaints of state administrative agencies, at the same time helping complainants to be proactive in their work, limiting people from seeking information through unofficial channels, which are easily distorted, enticed, and provoked, leading to mass and complicated complaints.
Authorities at all levels and agencies, sectors and organizations in the province have promoted the propaganda, dissemination and education of the State's legal policies at the grassroots level, aiming to create fundamental changes in the legal awareness of officials and people. The province has also organized and implemented many forms of propaganda and dissemination of the law on complaints that are rich, diverse and closely linked to the professional work of the unit such as: Propaganda, direct guidance through citizen reception, complaint settlement, organizing training courses, exchanges, seminars, publishing leaflets, books, printing on CDs, propaganda on mass media such as local radio and television.
Mediation at the grassroots level has been focused on and increasingly paid attention to by the local authorities. Mediation is not just for the sake of coping or completing procedures, but has been exploited and promoted effectively, thereby ending many petitions and complaints right at the grassroots level. Not only that, many complicated and prolonged cases related to religion and mass complaints in localities with land acquisition projects have been basically resolved, bringing high efficiency.
Through the work of receiving people, resolving land complaints and land management, many problems still exist in legal policies.