Certificates and construction of land records in many Departments of Natural Resources and Environment are still inadequate: not fully grasping the situation of land registration and construction of land records in the province; not complying with the periodic reporting regime (6 months and annually) as prescribed in Circular No. 17/2009/TT-BTNMT ( in 2011, the Ministry issued a written request but only 25/63 provinces reported ); reported data has many contradictions, reported data of the following year is lower than the previous year [42].
- The construction of cadastral databases in most localities is still limited: data content is not up to standard, issued Certificates have not been scanned, software used in many localities is not unified, especially it has not been operated, exploited and used effectively and is not updated regularly, the reason is that there is no synchronous investment in equipment and transmission lines, there is no suitable operating organization and regulations have not been established for management, exploitation and updating of cadastral databases.
- The management and use of blank certificates in some localities are still inadequate: many Departments do not directly receive and issue blank certificates and do not strictly manage the blank certificates received in the localities, but authorize consulting units to receive the blank certificates themselves and keep them for use; some registration offices do not assign specialized staff to manage blank certificates, do not preserve blank certificates in warehouses or cabinets, do not keep books to monitor the daily use of blank certificates, which has led to the loss of blank certificates and fraud in the issuance of certificates. Many localities do not register or register the need to use blank certificates that are not close to reality, causing difficulties, confusion, and delays in planning and organizing the annual printing and issuance of blank certificates by the General Department of Land Management. The receipt of blank certificates by the provinces so far is too much compared to the demand for use (over 8 million sheets), in fact, so far the localities have only used about 2 million sheets to issue certificates.
- The implementation of registration procedures, issuance of Certificates and registration of changes in some localities is still complicated and has not been implemented in accordance with current regulations: the dossier still requires submission of many additional documents beyond the regulations; application forms and contract forms are not printed in accordance with regulations, leading to incorrect and incomplete declarations; some localities have registration offices but the Department of Natural Resources and Environment still performs them without the prescribed authority; some procedures are still performed redundantly (measuring and drawing land plot diagrams, signing the boundary between owners when performing change procedures; signing the decision to issue Certificates, the decision to allow the transfer of rights); there are still mistakes in showing the names of owners between households and individuals; the certificate issuance book is not established according to the prescribed form.
2.2.3 Causes of limitations and weaknesses
Maybe you are interested!
-
/2005/ttlt –Btp- Btnmt June 16, 2005 Guidance on Registration, Mortgage, Guarantee by Land Use Rights, Assets Attached to Land -
Waiting Time To Obtain Land Use Rights Certificate And Business Registration Certificate -
Perspectives on Improving the Quality of Law Application in Resolving Land Use Rights Disputes at the People's Court -
Some Policies on Agricultural Land Use Rights -
Current Status of Land Use Rights Transfer in Hanoi City:
The causes leading to the existing problems and difficulties in the current practice of the law on registration of land use rights and assets attached to land are:
- Many localities have not thoroughly grasped and properly implemented the Ministry's policies and directions in organizing and implementing (not focusing on completing each district; implementation is not synchronous, cohesive, or integrated between measurement and registration, etc.).
- Funds for surveying and mapping, land registration, granting certificates, building land records and land databases in the past 4 years have not been fully invested by localities according to the requirements of the tasks as directed by the Government in Resolution No. 02/2008/NQ-CP " Arranging at least 10% of total revenue from land use fees to carry out surveying, establish land records database and issue land use right certificates in 2008". In fact, in 40 provinces (supported by the Central Government), in the past 3 years, the province has only invested about 4% of the collected land use fees. Some provinces have invested too little (less than 3 billion/year): such as Tuyen Quang, Lai Chau, Son La, Quang Tri, Ninh Thuan, Tra Vinh [42].
Many provinces only invest funds for surveying and mapping cadastral maps and decentralize the budget for registration and issuance of certificates to districts and communes, which is the fundamental reason for the situation where the surveying and mapping is completed but the registration and establishment of cadastral records are not carried out, the progress of issuing certificates does not increase, reducing investment efficiency. Many localities, especially the district level, do not invest in the career activities of the registration office to register changes and correct cadastral records, which is the main reason for the current situation of human resources difficulties and cadastral records not being updated and corrected.
- Although the system of Land Use Right Registration Offices at all levels has been established quite fully, there is still a lack of professional staff, especially technical staff in information technology; awareness and compliance with legal regulations of a number of professional staff of registration offices are still limited; the minimum technical equipment for professional activities is not fully equipped; the working offices of registration offices are cramped, many places do not have a room to store land records; therefore, most registration offices have not fully implemented the assigned functions and tasks, especially the updating and correction of land records.
- Many localities use all invested funds to sign contracts with external consulting units to implement, including inspection, supervision and acceptance of products without focusing on investing in building and developing public service units on land measurement and registration of the Department of Natural Resources and Environment; do not assign tasks to units under the Department of Natural Resources and Environment, especially registration offices participating in the implementation process or inspection, supervision and acceptance of products.
- Commune-level cadastral officers must perform many other tasks related to natural resource management, environment, construction, etc.; many localities are not stable due to changes in officers or rotation between communes, leading to
Limited capacity due to lack of practical experience, not grasping the situation, affecting the quality and progress of handling registration procedures and granting Certificates according to decentralization.
- Many localities have not yet issued full documents according to the Government's decentralization in Decree No. 84/2007/ND-CP, Decree No. 88/2009/ND-CP such as: regulations on the minimum area of land plots allowed to be divided; specific regulations on the time to carry out each type of procedure for granting Certificates, registering land changes; coordination regulations between relevant state agencies in granting Certificates for assets attached to land.
Chapter 3
RECOMMENDATIONS TO ENSURE THE IMPLEMENTATION OF LAWS ON LAND USE RIGHTS REGISTRATION
3.1 FACTORS TO BE CONSIDERED WHEN DEVELOPING AND IMPLEMENTING LAWS ON LAND USE RIGHTS REGISTRATION
3.1.1 Socio-economic conditions of Vietnam
Faced with the requirements of economic innovation and market economic development,
social orientation school
foul
socialism
, industrial push
present
band
nationalization with the goal of "rich people, strong country, fair, democratic and civilized society", building a socialist rule of law state, and international integration.
In reality, from the requirements of state management of land as well as the requirements of reforming land use rights registration procedures to ensure the interests of individuals and organizations, there must also be appropriate changes.
First , the requirement to builda socialist rule of law state
of the people, by the people and for the people . The State 's mission is to serve the people .
benefit
personal
citizens. Therefore, in relation to citizens in general and in relation to the public
In the procedure of registering the right to use private land , the State is on the one hand
the most important and decisive guarantee of people 's democratic freedoms
citizen. To practice
porch
good job requirements
food
porch
citizenship in
Reform of land use rights registration procedures must correctly define the State's responsibility for ensuring and promoting the implementation of citizens' rights.
eyes
must propagate and popularize to people about their rights and awareness
about
as the owner of the State , education in legal knowledge and
obey the law
of the people . One
social
discipline must be
build
g on the letter of compliance with the law
the higher the people 's life , this is
cradle
indispensable part of the socialist state of law
socialism
Second, the requirements of building and developing a market-oriented economy
socialist orientation. The law is born from the objective requirements of economic relations, but the law has a reverse impact to promote the development of economic relations. In a market economy, economic relations penetrate the whole society, making the whole society develop according to the laws of the market economy. The goal of profit dominates the whole society. The market economy has a strong impact on the whole society not only in positive aspects but also in negative aspects such as social evils, the gap between rich and poor, unemployment, social evils, and environmental pollution. In order to solve and limit the negative impacts of the market economy, the State plays a very important role. The State, through planning policies and land use planning, limits indiscriminate exploitation for the purpose of profit leading to environmental pollution. The State has issued legal policies to control unfair competition, to develop healthy economic competition, to have tax policies, employment policies, social security, etc. to reduce unemployment and poverty gap. Administrative procedure reform is also one of the contents to limit the negative aspects of the market economy. Cumbersome administrative procedures, not public and transparent will create an unequal legal environment, unfavorable for economic sectors.
competition, on the other hand, also creates loopholes for corruption and opportunism. In fact,
economic
Administrative procedures have been playing an increasingly important role in the implementation of
porch
these policies . The role of procedures
leadership in the development process
develop market economy , expand exchange and cooperation
enter
match
international and
area
ok
show
, administrative procedures contribute to creating favorable conditions
profit
for the market economy to develop strongly , appropriately and appropriately
with food
objective reality in our country , especially
know all the procedures
guaranteed
and contribute to the development of economic rights and freedom of business of people .
people, of citizens. Dien
land area does not increase but population is increasing day by day
The increasing demand for land leads to increasing land prices.
The growth of the economy beyond the control of the people 's state .
to one
variety
as problem
3.1.2 Goals of administrative reform and judicial reform in Vietnam in the current period
Administrative reform is currently a common trend in many countries in the world and the region. The current trend of administrative reform is shifting from a governing administration to a serving administration, taking serving society and serving the people as the goal of the administration. The goal of our administrative reform is not outside this common trend. However, in general, due to its own characteristics, the requirements for administrative reform in our country also have their own characteristics.
Our administrative system consists of three components: administrative institutions, administrative apparatus and administrative staff. In principle, to reform the administrative system, we must reform the three above-mentioned components at the same time, but in reality, Vietnam's administrative system still reveals many shortcomings in administrative institutions and administrative procedures, especially administrative procedures in the field of land, especially land use right registration procedures . Land use right registration procedures require a lot of paperwork, causing inconvenience to people and organizations; lack of uniformity, arbitrary changes and lack of publicity and transparency.
After three years of implementation (2007-2010), the process of simplifying administrative procedures through Project 30 has achieved many important results, contributing to realizing the Government's commitments in building a democratic, clean, strong administration, focusing on people and businesses. In 2009, the Project completed the statistical phase by publishing on the Internet the National Database of Administrative Procedures, including over 5,400 procedures, 9,000 regulatory documents and 100,000 administrative procedure statistical forms.
After the Project ended its review phase in December 2010, the Government issued 25 resolutions approving the plan to simplify nearly 5,000 administrative procedures under the State management functions of 24 ministries and branches, achieving a simplification rate of 88%, exceeding the target assigned by the Prime Minister. These resolutions, after being implemented, are expected to help cut 37.3% of administrative procedure compliance costs for businesses and people, equivalent to nearly 30,000 billion VND per year. For the first time in the history of the country's founding, a national database on administrative procedures has been established, making Vietnam one of the top 10 countries in administrative procedure reform. Administrative procedure reform is a breakthrough in building a clean, strong, unified administration, demonstrating the nature of the Vietnamese State for the benefit of the people, businesses and national development. With good administrative procedures and good relations with the people, the administration will achieve a high level of unity and transparency, and operations will be smoother and more effective.
In short, although administrative procedures have been fundamentally reformed, the reality of land use rights registration procedures mentioned in chapter 2 shows that land use rights registration procedures also reveal shortcomings.
access, lack of publicity, transparency, unclear, many changes, especially in the stage of granting land use right certificates, land use right registration information, time... requiring continued fundamental and strong innovation in the direction of shortening time, clear and scientifically reasonable procedures with the goal of reducing costs for people and businesses in terms of both time and money, creating fairness and easy access. Thus, the issue of reforming land use right registration procedures is an objective requirement to meet the needs of society.
multilateral and regional international integration
3.1.3 International integration trend
The Party Resolution has clearly stated that we must "proactively integrate into the international community".