General Overview of Land and State Management in the Land Sector in Bac Giang Province

In order to properly apply legal documents to resolve complaints of land users, the competent management entities to resolve complaints in the land sector must first have an accurate understanding of the content and requirements of legal regulations and be able to analyze the actual circumstances of each specific case, grasp the nature of the matter so that when it is necessary to apply a type of legal regulation, they must correctly assess the developments of the matter in question. That requires the subject applying the law to have legal awareness.

The fifth condition is the legal awareness of officials and civil servants to ensure that complaints in the land sector are resolved in accordance with the law, which has a direct impact on citizens and forms citizens' trust in the law. Violations of the law by officials and civil servants, and the lack of awareness and responsibility of this group in resolving land-related complaints will negatively impact people's legal awareness, causing people to lose trust in the law and in state agencies. Therefore, training and raising awareness of socialist law for officials and civil servants working in resolving complaints in the land sector is necessary and important. At the same time, it aims to ensure the rights and interests of the parties involved in legal relations of land-related complaints.

In order to effectively organize the implementation of land law and complaint law in practice, it is necessary to socialize the implementation organization through legal consulting services, legal support system and through legal protection activities for citizens' right to complain in the land sector such as: inspection, examination, supervision and handling of violations of the law in complaints and settlement of complaints in the land sector. Through that, state administrative management entities can prevent, stop, detect and promptly handle violations of the law, weaknesses in organization and

activities of the state apparatus and the staff, civil servants when performing their duties and powers. At the same time, the supervision activities of state power agencies on the settlement of complaints in the land sector in the land sector also need to be focused on such as: supervision activities of the National Assembly, National Assembly deputies, People's Councils at all levels, People's Council deputies.

1.4.4. Other guarantee conditions

In addition to the above basic direct conditions, the settlement of land-related complaints in the land sector to be effective and of high quality also depends on other conditions. These conditions may be directly or indirectly related to and influence the settlement of land-related complaints. These are: ethical values, national cultural traditions, regional customs and practices, public opinion, intellectual level, culture, etc. In the process of settling land-related complaints, it is necessary to consider the matter from many different perspectives, ensuring comprehensiveness, reason and emotion. This is the responsibility of state agencies in settling citizens' complaints, protecting their legitimate and legal rights and interests, and is the request and demand of the people when their rights and interests are violated by administrative decisions and administrative acts of state agencies and competent persons in state agencies.

Chapter 1 Conclusion

The right to complain is one of the basic rights of citizens, stipulated by the Constitution and laws, and guaranteed by the State. Complaints in the land sector are one of the effective legal means that land users can use to protect their legitimate rights and interests. Through the exercise of the right to complain in the land sector, people participate in state management activities in the land sector, helping state agencies promptly detect violations of the law, limitations of administrative decisions, administrative acts in land management, as well as shortcomings in policies, laws and in the organization of the land management agency, thereby taking measures to handle and promptly adjust to improve the effectiveness and efficiency of state management of land.

Resolving complaints in the land sector is an activity of law enforcement, and at the same time a part of state management activities. The activities of resolving land complaints must comply with the order and procedures prescribed by law. Effectively implementing the activities of resolving complaints in the land sector will contribute to improving the effectiveness and efficiency of state management of land, promptly protecting the interests of the state, the rights and legitimate interests of individuals, agencies and organizations, thereby contributing to stabilizing the socio-economic situation, ensuring political security, social order and safety, and strengthening people's trust in the leadership of the Party and the management and administration of the state.

Chapter 2

CURRENT STATUS OF LAND COMPLAINT RESOLUTION IN BAC GIANG PROVINCE

2.1. GENERAL OVERVIEW OF LAND AND STATE MANAGEMENT IN THE LAND FIELD IN BAC GIANG PROVINCE

2.1.1. Land resources

2.1.1.1. Types of soil

Bac Giang province has 6 soil groups with 15 main soil types, specifically as follows:

- Alluvial soil group : Area 50,246.08 ha, accounting for 13.14% of natural area. This type of soil is distributed in the plains along rivers. This is a soil group with a fairly high nutritional content, very suitable for agricultural crops, especially short-term crops.

- Infertile soil group : Area 42,897.84 ha, accounting for 11.22% of the natural area, the main soil type is infertile soil on ancient alluvium. This type of soil is distributed in almost all districts in the province, concentrated in Viet Yen, Hiep Hoa, Tan Yen... This is a flat soil group, but poor in nitrogen, phosphorus, rich in potassium, loose, porous, well-drained, suitable for tuber crops such as potatoes, sweet potatoes, beans and short-term industrial crops.

- Valley soil group due to slope accumulation products : Area 6,546.67 ha, accounting for 1.71% of natural area. This type of soil is distributed in small valleys between mountain ranges. This type of soil is formed and developed on the products of erosion and deposition, so it is often quite fertile, very suitable for growing corn, beans and short-term industrial crops.

- Red-yellow soil group : Area 241,358.21 ha, accounting for 63.13% of the natural area. This is the soil group with the largest area among the soil groups in Bac Giang. The soil is often red-brown, red-brown, red-yellow depending on the sample, weathering process and organic accumulation process, suitable for growing fruit trees and short-term industrial crops.

- Red-yellow humus soil group on mountains : Area 1,008.04 ha, accounting for 0.27% of natural area, distributed in high mountains bordering Yen Tu range and in Yen The area, bordering Thai Nguyen.

- Eroded soil group with bare gravel and rocks : Area 18,809.98 ha, accounting for 4.92% of natural area, distributed in most districts. This type of soil has been destroyed on the surface due to strong erosion during exploitation and use, thin soil layer, poor fertility, difficult for agricultural production.

2.1.1.2. Current land use status

Bac Giang has an area of 384,395 hectares, accounting for 4% of the area in the Northern Midlands and Mountains region and 1.16% of the country's land area. The agricultural and forestry land area is 273,857 hectares, accounting for 71.24% of the total area, the non-agricultural land area is 92,332 hectares, accounting for 24.02%, the rest is unused land.

In recent times, the land use structure has changed to exploit more effectively the potential of land resources, the area of unused land has decreased mainly due to the exploitation of unused hill land converted to forestry land. Non-agricultural land has increased due to the process of urbanization, industrial development, investment in building economic and social infrastructure.

The average land area per person is low compared to the whole country and the Northern Midlands and Mountains region. The average natural land area per person of the province is 0.24 ha, while the whole country is 0.43 ha and this region is 0.8 ha. In particular, the average agricultural land area per person of the province is 0.08 ha, the whole country is 0.11 ha, and the Northern Midlands and Mountains region is about 0.13 ha.

Table 2.1: Current land use status in 2013

Target	Area (ha)	Structure (%)
	Total natural area	384,395	100.0
1	Agricultural land	273,857	71.24
2	Non-agricultural land	92,332	24.02
3	Unused land	18,206	4.74

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(Source: Statistical Yearbook, land use planning of Bac Giang province in 2013)

2.1.2. Forest resources

2.1.2.1. General situation

By 2013, Bac Giang had 146,435 hectares of forestry land, of which 131,475 hectares were forest land and 14,960 hectares were non-forest land. The forestry land area has a tendency to decrease gradually, in the period 2006-2013 it decreased by 32,906 hectares; however, the area of bare land and non-forested hills has decreased by 7,990 hectares.

Table 2.2: Development of forestry land in Bac Giang province in the period 2006-2013

Forest land status	2006	2013	Change
	Total area (ha)	179,341	146,435	-32.906
1	Forested land	156,391	131,475	-24.916
	Natural forest	72,368	59,555	-12.813
	Planted forest	84,023	71920	-12.103
2	Bare land, forestless hills	22,950	14,960	-7.990

(Source: Department of Agriculture and Rural Development of Bac Giang province)

Bac Giang currently has 3 types of forests, of which: production forests have the largest area, accounting for 69.8%; protection forests, accounting for 10.9%, mainly distributed in Son Dong and Luc Ngan; special-use forests 9.4% concentrated in 3 nature reserves (Khe Ro, Tay Yen Tu, Suoi Mo), in addition, there are 14,225 hectares of forest outside the forestry land planning, accounting for 9.8%.

Forest area and reserves, the number of bamboo trees in production forests increased due to the conversion of some special-use forest areas into production forests and the implementation of the program of planting 5 million hectares of new forests. By 2013, the production forest area accounted for 69.8%, an increase of 17.9% compared to 2006.

Table 2.3: Structure of forest area types in Bac Giang province

Forest type	2006		2013
Forest type	Area (ha)	Structure (%)	Area (ha)	Structure (%)
	Total	156,391	100	145,700	100.0
1	Special use forest land	14,932	9.5	13,732	9.4
2	Protective forest land	60,329	38.6	15,950	10.9
3	Production forest land	81,129	51.9	101,793	69.8
4	Forest outside the rules forestry land planning			14,225	9.8

(Source: Department of Agriculture and Rural Development of Bac Giang province)

2.1.2.2. Forest resource fluctuations

During the planning period, forest resources have changed positively in terms of quality improvement and spatial distribution, especially in the upstream areas. Forest area and reserves, and the number of bamboo trees in production forests have increased due to the conversion of some special-use forests into production forests and the implementation of the 5 million hectare reforestation program.

2.1.3. State management in the field of land in Bac Giang province

In recent times, the state management of land in the province has had positive changes, creating an important internal resource to promote economic development and attract investment capital. The People's Council and the People's Committee of the province have paid attention to developing, promulgating and organizing the implementation of legal documents to implement the 2013 Land Law and central documents to ensure compliance with local practical requirements, especially the following contents: annual land price framework; compensation, support and resettlement policies when the state reclaims land 

The Provincial People's Committee has regularly paid attention to and organized the dissemination of legal education in the field of land; Districts and cities have organized training courses and conferences to disseminate land law policies to officials working in land management; and effectively organized the dissemination of the 2013 Land Law to all people. The majority of people in the province have recognized the legality of land use, so they are quite active in registering land use rights and exercising related rights and obligations of land users.

The reform of administrative procedures in the land sector has had positive changes. The order, content and application forms and declarations are publicly posted, the time for carrying out administrative procedures is reduced through

Integrating procedures on investment, construction, land, and environment right from the stage of approving investment projects to compensation, site clearance, and project implementation are all carried out through the province's "one-stop shop" mechanism.

The organization of land management apparatus has been gradually improved, the arrangement of organizational structure is associated with training and human resource development in accordance with the provisions of law. Land use right registration offices at all levels and land fund development organizations have been established and are operating effectively.

The work of planning and land use planning of the province has been implemented early and synchronously at all 3 levels: province, district and commune. The land use planning until 2020, the first land use plan (2011-2015) at the provincial level has been completed. After the Government approved, the Provincial People's Committee organized the announcement, public disclosure and approval of the Land Use Planning of 10/10 districts and cities. The People's Committees of districts and cities allocated land use quotas to communes, wards and towns and at the same time publicly announced the planning of districts and cities for implementation according to regulations. The shift in land use structure in the past time has basically been consistent with the shift in production structure, investment structure, labor structure, contributing to the synchronous development of infrastructure, industry, rural agriculture, urban areas and services, creating a reasonable step for the process of economic restructuring of the province.

The work of surveying and mapping cadastral land, registering land, establishing cadastral records, issuing land use right certificates, and building land databases has been focused on. The whole province has completed surveying and mapping cadastral land in 186/230 communes, wards, and towns, reaching 81% of the commune-level administrative units surveyed. By the end of August 2014, the whole province had surveyed and mapped 238,557.20 hectares, reaching 61.9% of the province's natural area. The cadastral map system is created using digital technology, with high accuracy and details for each plot of land, meeting the requirements of both quantity and quality.

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