Law on support when the state reclaims land through practice in Bac Tu Liem district, Hanoi city

people; cooperate with the Ministry of Justice and the Bar Association to organize a free or low-cost legal aid system to help people in need.

3.2.3. Strengthen inspection, examination, supervision and handling of violations in the implementation of regulations on procedures for land recovery, compensation, support and resettlement.

Vietnam's current land law has quite specific provisions on the responsibility of inspecting the law enforcement of administrative agencies towards their subordinate agencies. The remaining issue is how to implement this inspection and how to handle administrative discipline against officials and administrative agencies that do not fulfill their inspection responsibilities, allowing violations of the law by their subordinates. Decree No. 181/ND-CP on the implementation of the Land Law has a chapter on disciplining officials when they do not properly perform their responsibilities, but in practice it has not been widely applied.

From another perspective, the current land law also has specific provisions on the mechanism for public disclosure and transparency of procedures in land management; organizing a "hotline" to receive people's opinions and detect violations of the law in land management and use. This mechanism has been implemented very well by the Ministry of Natural Resources and Environment, and some provincial-level localities have also put this mechanism into regular implementation. However, it is necessary to strengthen the monitoring of implementation by measures such as:

Administrative levels and management agencies are responsible for planning and implementing annual inspections of law enforcement at subordinate levels.

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Strictly and promptly handle cases of managers and management agencies that violate the law or fail to properly perform their responsibilities, or have bureaucratic or selfish behavior.

Create a legal framework to encourage non-governmental organizations, communities and individual citizens to participate in monitoring law enforcement.

3.2.4. Perfecting the coordination model between competent state agencies, relevant agencies and organizations, Investors and Construction Project Owners when implementing resettlement for people whose land is recovered.

It is necessary to implement a mechanism for the participation of the community where the land is located and the people whose land is recovered in the process of land recovery, compensation, support and resettlement. Such participation will help to quickly reach consensus, limit complaints from people whose land is damaged and create a good relationship between the government and the people. Moreover, when implementing in practice, it is necessary to carefully analyze the economic, social, cultural and customary conditions of the locality and the group of residents to come up with appropriate implementation solutions. The participation of the community and people whose land is recovered on the basis of operating the project in the form of "Community-based development" also reduces investment costs and reduces complaints from people whose land is recovered.

In the implementation of compensation, support and resettlement, it is necessary to fully consider the interests of the community, support to compensate for the damage to people whose land is recovered in the direction of restoring their lives and jobs as before the land was recovered, creating conditions for resettled people to choose suitable locations in the resettlement housing fund. These regulations need to have a framework in the legal system, but the important thing is that they must be fully implemented in practice.

There needs to be a specific analysis of the economic, social, cultural and customary conditions of the community in the area where the land is recovered, especially a careful analysis of poverty and social impacts to come up with a specific implementation plan. In addition, there needs to be the participation of representatives introduced by the community and representatives introduced by those whose land is recovered to actually participate in the process of compensation, support and resettlement. The support needs to fully calculate the damages that will occur to those whose land is recovered, including damages that cannot be measured in money and long-term damages with the aim of restoring life and employment as before the land was recovered. To carry out land recovery and support, it is necessary to implement the principle of benefit sharing, which not only mentions the interests of the State, investors, and those whose land is recovered, but also the interests of the community where the land is located. The City People's Committee and District People's Committee need to publicize the resettlement housing fund and allow resettled people to choose their place of residence within the existing housing fund. Widely develop the form of implementing projects in the form of "Development based on

"community" aims to enhance the role of the community, increase dialogue to create consensus and reduce project investment costs, and reduce complaints from people whose land is recovered.

3.2.5. Establishing a mechanism to solve employment for people whose land has been recovered

In rural areas, the development of SMEs is the result of developing the productive forces and the division of labor in rural society. At the same time, developing SMEs is also an urgent requirement for job creation and improving the lives of rural farmers. Currently, on average, a rural small and medium enterprise employs 30 workers. The scale of labor use of rural small and medium enterprises is not large, but with the advantage of a large number of enterprises, the ability to create jobs for workers is very large. In addition, SMEs are also a dynamic sector and adapt quickly to market changes, contributing to the preservation and development of traditional craft villages. In our country, rural SMEs have created jobs for about 1,215 million people, accounting for about 3.85% of the total number of rural workers, of which 71.43% are regular workers and 28.57% are seasonal workers.

The labor skills of agricultural workers are low, making it difficult to meet job requirements. Therefore, improving the skills of workers depends not only on themselves but also on the job requirements, in other words, on the owners of production and business establishments and business owners. The scale of production and business establishments and businesses in rural areas is often small and micro-sized with many limitations in science, technology and market. The strength of many enterprises/production and business establishments in rural areas today does not rely on machinery, science and technology or high-level labor skills, but mainly on a large and cheap labor force. Therefore, developing small and medium enterprises in rural areas is an effective solution to solve the labor problem for farmers whose land has been recovered.

There should be a mechanism to encourage and require enterprises using reclaimed land to commit and be responsible for prioritizing the selection of workers and employing these workers after completing vocational training. At the same time, there should be sanctions for enterprises that do not fulfill the above commitments because GQVL is not only the responsibility of all sectors, enterprises, individuals and the whole society, but also especially the responsibility of enterprises using reclaimed land from farmers.

The restoration and development of small-scale industries and traditional craft villages, in addition to their role in providing jobs and ensuring income for workers in the process of urbanization and industrialization, also affects the development of the technical and professional labor force in suburban districts. Developing craft villages contributes to increasing the skilled labor force with technical expertise. These are highly social occupations, teaching and training skills aimed at ensuring stable employment, increasing income for workers, and the living standards of a large part of the rural population, especially workers in areas where the State reclaims land for urbanization and industrialization.

Chapter 3 Conclusion

To solve the difficulties and problems as analyzed in Bac Tu Liem district, chapter 3 of the thesis has proposed a number of suggested solutions with the aim of better implementing the 2013 Land Law and ensuring the principles set forth by the law such as fairness, transparency, promptness, etc. Specifically, two groups of solutions are proposed:

Firstly, the solution to continue perfecting the law on support when the State reclaims land includes: Speeding up the issuance of certificates of land use rights, house ownership rights and other assets attached to land; Perfecting regulations on land prices; Perfecting other support policies.

Second, solutions to improve the effectiveness of law enforcement on support when the State recovers land include: Strengthening and inspecting, supervising the dissemination, popularization and education of land law in general and law on support when the State recovers land in particular for officials and people; Perfecting the organization in charge of compensation, support and resettlement when the State recovers land; Strengthening inspection, examination, supervision and handling of violations in the process of implementing regulations on procedures for land recovery, compensation, support and resettlement; Perfecting the coordination model between competent state agencies, relevant agencies and organizations, Investors and Construction Investors when implementing resettlement for people whose land is recovered; Establishing a mechanism for job creation for people whose land is recovered.

CONCLUDE

Support when the State reclaims land is a very complicated issue and attracts the attention of the whole society, has a direct impact on the psychological life of the people and has a significant impact on political stability. With the goal of promoting the innovation process so that by 2020 Vietnam will become an industrialized country developed in the direction of modernization - technology. To meet the needs of industrialization and modernization of the country, the conversion of a part of the land to another purpose of use requires the State to reclaim the land. The adjustment of land relations between the three parties of the people, the State, and the Investor is based on the Law on Land in Vietnam.

In this thesis, the author devoted chapter 1 to studying the issue of land acquisition in Vietnam. Chapter 1 clarified the legal documents on the 2013 Land Law, the documents guiding the implementation of the Land Law to apply them to practice in Bac Tu Liem district when the district acquired land to serve the goal of national construction. It can be seen that the acquisition of agricultural land for the purpose of national defense, security, national interests and use for the purpose of general economic development of the country is an objective need.

However, the State's land acquisition has caused serious consequences for land users. They lost their means of production, had no jobs, their incomes decreased and they fell into difficult circumstances. The 2013 Land Law has provided regulations on support when the State acquires land. However, applying the law in practice is not a simple matter. Therefore, in Chapter 2, the author has carefully analyzed the concretization of the 2013 Land Law when applying the Land Law to Bac Tu Liem district. In the three years since the separation of the district and since the implementation of the 2013 Land Law, besides the achievements in supporting land acquisition, there are still many difficulties that need to be solved.

To solve these difficulties, in chapter 3 the author also offers some suggested solutions with the aim of better implementing the 2013 Land Law and ensuring the principles set forth by the law such as fairness, transparency, promptness, etc.

REFERENCES

1. Ministry of Natural Resources and Environment (2009). Circular 14/2009/TT-BTNMT dated October 1, 2009 , detailing compensation, support, resettlement and procedures for land recovery, land allocation and land lease.

2. Government (2007). Decree No. 84/2007/ND-CP dated May 25, 2007, providing additional regulations on the issuance of land use right certificates, land recovery, implementation of land use rights, procedures for compensation, support and resettlement when the State recovers land and settlement of land-related complaints.

3. Government (2009). Decree No. 69/2009/ND-CP dated August 13, 2009 , providing additional regulations on land use planning, land prices, land recovery, compensation, support and resettlement when the State recovers land.

4. Hoang Van Cuong (2010), Land price and land rent distribution policy in land management under market mechanism .

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22. Decision No. 1115/QD-TTg dated November 25, 2002 approving the land use plan of Hanoi city for the period 2001-2005.

23. Pham Thi Thuy (2010), " Solving employment and income for people whose land has been recovered: experiences of some Asian economies ", Journal of World Economic and Political Issues, No. 7, pp. 46 - 50.

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26. Dang Hung Vo (2008). Prolonged land disputes and complaints: causes from land law enforcement , Report at the Workshop on the current situation of prolonged land disputes and complaints: reality and solutions, Workshop organized by the National Assembly Office, Buon Me Thuot, October 8-9, 2008.

Law on support when the state reclaims land through practice in Bac Tu Liem district, Hanoi city - 10

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