Implementing Legal Regulations on Inspection, Examination, Settlement of Complaints, Denunciations, Land Disputes and Handling of Land Violations

requirements of valuation work. The direction of implementation in some localities is not really close and drastic.

2.2.5. Implement legal regulations on inspection, examination, settlement of complaints, denunciations, land disputes and handling of land violations.

2.2.5.1. Achievements

The decentralization of the Government and the National Assembly in the settlement of complaints and denunciations on land disputes has helped local authorities proactively and promptly resolve long-standing conflicts, complaints and disputes; mobilizing many forces in society to participate. In particular, in recent years, the work of inspection, examination and settlement of complaints and denunciations on land disputes has limited complaints beyond the level of authority, created trust among the people, contributed to stabilizing the political situation, maintaining security and social order.

2.2.5.2. Existence and shortcomings

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The work of developing inspection and examination plans is not close to reality and the requirements of land fund management for socio-economic development; some cases of inspection are not on the right subjects. Annual inspections are still few, passive according to cases reported by the press and public opinion; the handling of violations in land fund management for socio-economic development through inspections at both the central and local levels is still very little. Inspection efficiency is not high because some inspections do not detect violations; many cases of detecting violations of the law but the implementation of inspection conclusions is slow; the rate of money recovery and land recovery through inspections is still low; the detection of corruption through specialized land inspections is limited, not commensurate with the actual situation of violations.

Currently, according to the provisions of Chapter 9 of Decree 43/2014/ND-CP of the Government, there are some guidelines on handling violations of land laws by civil servants and public employees of State agencies and organizations that have not yet been

There are instructions on handling violations of land laws for citizens, agencies and organizations that violate laws related to land use.

2.2.5.3. Causes of limitations and shortcomings

The cause of the above situation is due to:

- The collection of relevant information and documents to serve the inspection and examination of land fund management activities for socio-economic development has not been paid attention to by units, leading to slow development and implementation of implementation plans;

- The specialized inspection organization is unstable, the force of cadres and civil servants doing specialized inspection work on land is still too thin.

- The assignment of inspection tasks is still inappropriate, specialized inspection functions overlap with other units;

- Regulations on fines for violations in land management in general and land fund management for socio-economic development in particular are still formal and difficult to implement, and funding for inspection and examination teams is not timely, making it difficult to carry out work locally.

CONCLUSION OF CHAPTER 2

Chapter 2 of the thesis analyzed the current situation and practical implementation of legal regulations on land fund management for socio-economic development in Vietnam. Through the analysis, the thesis assessed the advantages and limitations of the regulations as well as the difficulties in implementing the law on land fund management for socio-economic development in Vietnam. From there, the thesis provided the basis for proposing solutions to improve the law on land fund management for socio-economic development in Vietnam in Chapter 3.

Chapter 3

ORIENTATION AND SOLUTIONS TO IMPROVE THE LAW ON LAND FUND MANAGEMENT TO SERVE SOCIO-ECONOMIC DEVELOPMENT

3.1. Orientation to perfect the law on land fund management to serve socio-economic development in Vietnam

In the coming time, to meet the requirements of comprehensively promoting the country's innovation, on the basis of inheriting the orientations on land policies and laws stated in previous Resolutions of the Party, it is necessary to continue to innovate and perfect land policies and laws in the following directions:

Firstly, perfecting the law on land fund management to serve socio-economic development must be appropriate and meet the requirements of the socio-economic development strategy and plan of our country for the period 2016-2020 approved by the Party, National Assembly and Government.

Second, perfecting the law on land fund management to serve socio-economic development must best exploit the potential of land, ensuring harmony between the common interests of society, the interests of the state, and the interests of land users to ensure the sustainable development of the country in the present period and in the future.

Third, the law on land fund management for socio-economic development contributes significantly to promoting administrative reform in general and administrative procedure reform in the field of land management and land fund management for socio-economic development in particular.

3.2. Solutions to improve the law on land fund management to serve socio-economic development in Vietnam

3.2.1. Perfecting the law on planning and land use plans as a basis for the process of creating land funds to implement socio-economic development goals.

Continue to innovate and improve the connectivity and synchronization between land use planning and planning with construction planning, industry planning and other fields.

Land use planning must be comprehensive, balanced, reasonably allocated, and effectively used for sectors, fields, territories, and administrative units. Construction planning and sectoral and sectoral planning that use land must be consistent with the land use indicators and progress allocated in the land use planning and plan.

Innovate annual land use plans to reflect the land use needs of investment projects, sectors and fields, as a basis for the State to reclaim land, allocate land, lease land, change land use purposes and develop financial policies on land. Strengthen unified inspection and supervision from the central to local levels in the implementation of land use planning and plans. Strictly handle violations of land use planning.

There are mechanisms and policies to attract investment in infrastructure construction, industrial development, services, and tourism in sync with economic and social infrastructure to exploit land potential in midland, mountainous, and coastal areas, minimizing the use of land dedicated to rice cultivation.

Gradually relocate production facilities and public service units with large populations out of city centers, especially large cities, to exploit and use land effectively according to regulations, limit environmental pollution, and reduce traffic congestion.

Adjusting land use planning and plans to manage land funds for socio-economic development.

Planning adjustments must be strictly regulated to avoid arbitrariness. Land use planning adjustments are only allowed to create land funds for socio-economic development in cases where there is an adjustment to socio-economic development goals that have been decided and approved by competent state agencies and such adjustment changes the land use structure; due to the impact of natural disasters and wars that change the purpose, structure, location, and area of use.

land; there is an adjustment of land use planning by the direct superior level that directly affects the land use planning of the subordinate level; there is an adjustment of local administrative boundaries. Reality shows that in many cases, the planning agency does not adjust the planning or is very slow to adjust the planning. When the planning is adjusted, it basically legalizes the previous violation of the planning, so it is necessary to stipulate the responsibility of the planning agency to adjust the planning when there are requests for adjustment.

Perfecting regulations on implementing land use planning and plans to manage land funds for socio-economic development.

It is necessary to clearly define the responsibilities of agencies, organizations and individuals in implementing land use planning. It is necessary to define the responsibilities of People's Committees at all levels, economic organizations, enterprises with land use investment projects, households and individuals using land in complying with land use planning. At the same time, it is necessary to have regulations on handling cases of violations of land use planning. In addition to administrative measures, it is necessary to have specific measures to handle the consequences of violations of planning by state management agencies, people who sign decisions to violate planning, and people who use land not in accordance with planning.

Continue to improve regulations, and at the same time fully implement the mechanism for collecting people's opinions on the establishment and adjustment of land use planning and plans, land recovery plans, compensation, support, resettlement, as well as other plans related to people's interests to ensure true transparency, overcoming the situation of "group interests" in land management and use activities.

3.2.2. Perfecting legal regulations on land recovery to create land funds according to planning or investment projects to implement socio-economic development goals

More clearly and specifically stipulate cases where the State implements

Land acquisition for socio-economic development purposes to serve national and public interests.

Compensation, support and resettlement when the State reclaims land to create a land fund must ensure democracy, publicity, objectivity, fairness and compliance with the provisions of law. Land users are compensated according to the legal purpose of land use. Organize effective implementation of vocational training plans, job creation, production reorganization and ensuring the lives of people in areas where land is reclaimed. Research methods of compensation and support payment to ensure long-term stability of life for people whose land is reclaimed.

Supplement regulations on mobilizing capital sources to build residential areas with synchronous technical and social infrastructure to arrange new accommodation for people whose land is recovered before compensation and clearance. Residential areas are built in accordance with the conditions, customs and practices of each region.

Land acquisition, compensation, support and resettlement are the responsibility of the People's Committees at all levels and involve the entire political system. Strengthen and enhance the capacity of organizations with the function of land fund development to ensure the implementation of the tasks of compensation, site clearance and auction of land use rights. The land fund development organization is the unit that implements administrative decisions of state agencies on land acquisition and is the unit that coordinates with social organizations and communities to ensure consensus among participating parties and the sharing of benefits among parties with common interests, reducing the direct impact of the administrative apparatus on the compulsory land conversion mechanism; Allow enterprises of all economic sectors to participate in providing site clearance, compensation, support and resettlement services on the basis of signing contracts with the land fund development organization and with investors. The State establishes a compensation, support and resettlement fund from the state budget, from investors' contributions, and from social donations to facilitate and improve the work.

Long-term support for communities and people affected by land conversion. Strictly implement the process of land valuation according to market prices provided by valuation organizations as a basis for state agencies to decide on compensation, support and resettlement values.

There are specific regulations on the land conversion process in the case of implementing projects with large and widespread impacts on the community such as large hydropower projects, mineral exploitation projects, large irrigation reservoir construction projects, etc. on the principle of applying international experience in sharing benefits among participating parties and stakeholders.

Perfecting legal regulations on land recovery for projects that are slow to be put into use to create a second round of land fund for socio-economic development projects. In addition to perfecting land fund management policies through compulsory land conversion mechanisms (land recovery), ensuring the harmony of interests of parties involved in the process of land management and use. It is necessary to have necessary policy mechanisms and sanctions to handle slow projects.

Regarding the situation of slow compensation, there should be regulations on handling cases of slow compensation caused by agencies and organizations responsible for compensation in the direction that agencies and organizations responsible for compensation must promptly pay compensation and support to landowners when the State recovers land. In cases of slow payment caused by agencies and organizations responsible for compensation, in addition to compensation and support as prescribed, landowners when the State recovers land will also be paid an additional amount equal to the penalty for late tax payment as prescribed by the law on tax management. In cases where landowners do not receive compensation and support according to the approved compensation, support and resettlement plan, this amount will be deposited into a temporary account at the State Treasury.

3.2.3. Perfecting legal regulations on land allocation, land lease, land use purpose conversion and land use rights auction

Narrowing down the subjects of land allocation and expanding the subjects of land lease. Land allocation and land lease for economic and social development projects are mainly carried out through land use rights auctions and bidding for projects using land.

Focus on reviewing and thoroughly handling cases of land that has been allocated to administrative agencies, public service units, and mass organizations but has not been used or has been used for the wrong purpose or against the law. Conduct auctions of land use rights when rearranging state-owned headquarters and workplaces to convert them to economic development purposes.

Specify the conditions for investors to be allocated land or leased land to implement socio-economic development projects; at the same time, have synchronous and specific sanctions to strictly and decisively handle cases where the State has allocated or leased land but uses it wastefully, for improper purposes, speculates on land, or delays putting land into use; does not compensate for land, assets attached to land, and the value invested in land in cases where land is recovered due to violations of land laws.

Land is a valuable and extremely important resource but it cannot grow and develop. Therefore, the authorities need to be careful and strict.

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