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

Regarding compensation and support for land acquisition, there are …% of complaints about land compensation, including complaints about land prices, and most of the complaints from the people are well-founded. According to regulations, land prices for compensation calculation must be close to market prices under normal conditions, but it is very difficult to determine land prices close to market prices when the real estate market in Vietnam is very complicated and has many changes. Thus, there is a lack of harmony between policy regulations and the ability to implement in practice, causing the implementation to lack a solid basis, causing questions for the people.

Third, the disbursement progress is not timely: many projects, due to not being able to arrange capital in time, do not have money to pay households immediately after the support plan is approved. By the time the money is available, land prices and construction material prices have changed, so people do not accept the pre-approved plan, so it is understandable that complaints and frustrations arise among people.

Fourth, the land area for calculating support for resettlement arrangements is not consistent with each other. The land area for calculating support is often the actual residential land area that is recovered, some households have 40m2, 150m2, 200m2... but when arranging support, it is the same limit such as 90m2 or 60m2. In theory, when recovering residential land, the state supports compensation in cash according to market prices. Under normal conditions, people whose land is recovered can ask the state to allocate new land in the resettlement area or find a house to buy land themselves, which is more reasonable. However, in reality, the regulation of land prices for calculating compensation support and land prices for resettlement support arrangements is still unreasonable, leading to many disadvantages when comparing and calculating values. A household whose 200m2 of land is recovered and a household whose 30m2 of land is recovered are also allocated the same resettlement plot of 90m2, which is unfair.

Fifth, the determination of residential areas and land prices for calculating support for agricultural land interspersed in residential areas is still too complicated and inconsistent. The term “residential area” sounds very familiar but it is difficult to determine in detail. In the compensation and support policy, the State stipulates that “in case the residential area has not been approved, it will be determined according to the boundary of the land plot with the outermost house”, but the determination of “the outermost house” has not been clearly defined.

In addition, determining land prices for calculating support in many cases is also very complicated and in many cases the land price for calculating support is higher than the land compensation price.

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residential. This is also an unreasonable point of the policy leading to people's dissatisfaction and causing loss of revenue to the state budget. For example, land users from July 1, 2004 to July 1, 2013, if applying for a land use right certificate, must pay financial obligations to the state, the payment level is equal to 50% of the residential land price. This means that when receiving compensation and support, compensation is only equal to 50% of the residential land price. Assuming the residential land price is 2,000,000 VND/m2, the compensation and support price in this case is 1,000,000 VND/m2. However, when determining the average land price to calculate support for agricultural land interspersed in residential areas according to the above formula, it is 4,000,000 VND/m2, support equal to 50% of the residential land price is 2,000,000 VND/m2. So in this case, the value of 1 square meter of residential land is lower than the price of 1 square meter of agricultural land.

Sixth, difficulties in implementing policies in practical cases such as:

- Land allocation with graves: Previously, according to the customs and practices of each locality, people often buried the dead in their home gardens or on their family's rice and crop fields. However, up to now, there has been no specific guidance on the allocation of land with graves of grave owners to others for use; there are also no specific regulations on how many meters away from the grave those with the right to use land with graves are allowed to plant perennial trees, build architectural works? to avoid affecting the graves of others and the spirituality of the deceased. Therefore, when implementing the allocation of land according to the current status to users and redistributing the land, the land cultivated by one household was allocated to another household, resulting in disputes over land near the grave and land for planting perennial trees on land near the grave of another owner.

- In case the land user is a person who goes to work in new economic zones or participates in the resistance war, after liberation, due to working, studying and doing business far away, he did not register his land use rights. Therefore, someone else arbitrarily declared and registered and was granted a land use right certificate. Now they return to claim back their land use rights, how can the dispute be resolved? This requires specific legal provisions.

- Regarding mortgaging land use rights to borrow money: Clause 7, Article 113 of the Land Law stipulates that households and individuals may only mortgage land use rights "to borrow capital".

production and business” without being mortgaged to serve life needs such as borrowing capital for studying or medical treatment to save people... Thus, if households and individuals use borrowed money to serve life needs, it can be considered a breach of contract for the lender to sue. This regulation has affected the rights and interests of the borrower.

- Regarding the statute of limitations for filing a lawsuit: Clause 5, Article 105 of the 2013 Land Law stipulates the right of land users to "Be protected by the State when others infringe upon their legitimate land use rights". However, there are provisions on the statute of limitations for filing a lawsuit, thus limiting the rights of land users. Currently, according to the provisions of Article 159 of the Civil Procedure Code, the statute of limitations for filing a lawsuit to request the Court to resolve a civil case is 2 years, which affects the rights of land users and leads to the absence of a competent state agency to resolve disputes. The current statute of limitations for filing a lawsuit is unreasonable and contradicts the function of the state to resolve disputes and stabilize society. This is one of the important functions of the State, but if the statute of limitations is set so that the State does not resolve disputes, who will resolve them and how will they be resolved if the conflicts continue to arise, causing social instability?

- The rights of land users are still affected due to the lack of adequate regulations to ensure the performance of obligations arising from commercial business contracts, especially the handling of land use rights in bankruptcy cases. Clause 2, Article 38 of the 2013 Land Law stipulates that the State shall reclaim land in the following cases: "Organizations to which the State allocates land without collecting land use fees, to which the State allocates land with land use fees from the State budget or leases land with annual land rent are dissolved, bankrupt, relocated, or have reduced or no longer have the need to use land" and at Point a, Clause 1, Article 43 of this Law stipulates: The State shall reclaim land without compensation for land in the cases specified in Clause 2, Article 38 of this Law. In fact, when a business goes bankrupt, the Provincial People's Committee decides to reclaim the land of the business, especially the State-owned enterprise, without compensation, and at the same time transfers the land to another unit; while the assets on the land such as headquarters and factories must be brought to the property auction center for bidding, so it is very difficult.

to liquidate assets because if the real estate is separated from the land use rights, the value of the real estate will decrease greatly.

Seventh, job support for people whose land has been recovered.

In addition to the above encouraging results and achievements, the policy on labor and employment in the City also revealed shortcomings and inadequacies that need to be seriously considered, overcome, and have appropriate solutions. These are objective and subjective issues related to compensation, support and resettlement policies; planning work; socio-economic development plans associated with labor and employment, vocational training; responsibilities of Departments, Branches, authorities at all levels, workers and employers.

(1) The new compensation, support and resettlement policy focuses on compensation for material damage, employment policies for workers in rural agricultural areas where land is recovered have not received regular attention.

Compensation, support and resettlement policies are in accordance with the provisions of the 2013 Land Law, Government Decrees No. 44/2014/ND-CP dated October 29, 2014, Decree No. 47/2014/ND-CP, Decree No. 01/2017/ND-CP, City Decisions: Decision No. 26/2015/QD-UB dated February 18, 2015, Decision No. 137/2015/QD-UB dated November 30, 2015... Compensation and support are all implemented in the form of monetization, paid directly to organizations and individuals subject to site clearance compensation. The above reality has led to the situation where people whose land is recovered mainly use this fund to meet their shopping and living needs, but pay little attention to vocational training, job conversion and employment (according to the survey data of the National Economics University, people who are compensated use the money to build houses: 57.5%; buy household items: 8.72%; invest in non-agricultural production: 1.27%; provide vocational training: 2.55%; save 18.2%). The policy of supporting life stabilization, job conversion and employment is spread out many times, according to each land recovery project.

(2). The capital's socio-economic development planning has not yet linked urban-industrial development with employment services, and has not yet planned specialized and sustainable agricultural production areas.

In recent years, the urban-industrial planning and development in the city has basically only accelerated urban and industrial development, while the issue of employment and labor distribution associated with urban-industrial development has not been specifically institutionalized in the planning. This reality has led to a situation where urban and industrial areas, when put into operation, do not have a qualified labor force to meet recruitment needs, but there is a surplus of elderly and low-skilled workers or there is no land fund to deploy ancillary social services (such as housing for workers, markets, parking services, environmental sanitation, etc.) to address the need for job conversion of workers whose land is recovered on the spot, especially unskilled and elderly workers. There is no planning for sustainable specialized agricultural production areas to encourage investment in developing commodity agriculture to create more jobs for rural agricultural areas and vocational training orientation to welcome job opportunities.

(3) The viewpoint and organization of vocational training are still rigid, lacking uniformity, not suitable for the characteristics of rural labor in areas where land has been recovered, and not meeting the recruitment needs of employers. Target programs on career guidance, agricultural extension and other programs on labor and employment are still isolated, scattered and not coordinated and regular.

The vocational school system, training forms and content are not suitable for the characteristics of rural laborers in areas where land is recovered (the majority have low educational level and learning ability, the main laborers in households that have to change jobs are mostly old, have to learn a trade while working to ensure daily income...). Training is mainly based on available vocational programs, not meeting the needs of learners and the needs of employers. According to the survey data in some areas where land is recovered by the National Economics University in 2004, out of 100 households subject to agricultural land recovery: The State trained 01 person, the family trained 19 people themselves, the rate of not being able to find a job in the trained profession is high (accounting for 41%) because it does not meet the requirements of employers. The training model is still heavily subsidized, not open, and socialized in training.

creating, not encouraging economic sectors to use labor to participate in training to receive labor.

(4). There is no Fund to support vocational training, job search and life stabilization for rural agricultural workers in areas where land has been recovered for proper use. The responsibilities of the state, investors and people in vocational training and job creation as well as mobilizing community resources for the Fund have not been clearly defined.

(5). The implementation of the policy of vocational training and job transfer for areas where agricultural land has been recovered has not received consistent attention from the entire political system, from all levels and sectors, from awareness to action. It has not created awareness among agricultural people whose land has been recovered about the necessity and urgency of having to learn a trade and change their job to have stable jobs and a better life.

The causes of difficulties, obstacles and barriers in implementing the law on support may be in the support policy for people whose land is recovered in Bac Tu Liem district such as:

Firstly, the general policy of the State still has many shortcomings.

Because the State's land policy is still in the process of being perfected, it is inevitable that there will be mistakes, lack of synchronization, inadequacies, and even many contradictions. Therefore, the practice of land management in Bac Tu Liem district still has many shortcomings. The situation of encroachment on public land and illegal land use is common in many places in the district. The settlement of complaints and denunciations is still touching, not yet final, responsibilities are pushed aside, and many cases are still unjust. These shortcomings make compensation and support work more complicated, especially for large-scale land acquisition projects that require the relocation of many households or agricultural land acquisition projects that affect the lives of workers.

The government's land acquisition support policy still has many shortcomings and obstacles, causing difficulties for localities. The main reason for these shortcomings is due to incorrect and incomplete awareness of the support work when the State acquires land. Basically, there are still many conflicting views on the issue of land acquisition, such as the view that land is owned by the entire people and is managed by the State, so the State has the right to acquire and determine support policies, including issues of land prices and compensation levels.

usually and people must implement. But there is a view that the State has assigned households and individuals (agricultural land and residential land) for long-term stable use. The State also gives those who are assigned land the right to use and the right to transfer land. Therefore, when reclaiming land, the State must compensate and support land and assets on land at agreed prices. Another view is that land is owned by the entire people and is managed by the State. The State implements long-term land allocation to users, especially households and individuals for residential land and agricultural land, creating conditions for land users to improve their lives. When the State reclaims land, support for land recovery must be implemented satisfactorily.

Because the State's policies on land recovery are still inconsistent, many regulations are unclear and often change, and many even contradict each other. For example, the 2003 Land Law stipulates that the State-regulated land price can be used for seven purposes, but when implementing the guiding Decrees, it stipulates that "When the State allocates land with land use fee collection without the form of land use right auction or land use project bidding, land lease, approval of compensation, support and resettlement plans, when the State recovers land and in the case of a state-owned enterprise conducting equitization choosing the form of land allocation, the land price prescribed by the Provincial People's Committee at the time of land allocation, land lease, the time of land recovery decision, the time of calculating the land price into the value of the equitized enterprise is not close to the actual land use right transfer price on the market under normal conditions, the Provincial People's Committee shall base on the actual land use right transfer price on the market to re-determine the specific land price accordingly.

There are also many different views on land prices. Some views say that the land prices set by the State must be favorable for the collection of land use right transfer tax, land allocation fee, property value calculation when allocating land, and compensation when the State reclaims land. According to this view, land prices must be much lower than the actual price and must be stable for a certain period of time. Others say that land prices for collecting land use right transfer tax, land rent, and property value calculation when the State allocates land must be stable and lower than the actual price. Only then will it be easy to collect taxes, land rent, easy to inspect, control, and ensure the effectiveness of the collection work. As for the price for collecting land use fees and the price for calculating

Compensation must be consistent with reality, that is, two types of prices are formed. In contrast to the above viewpoint, the third viewpoint holds that the land price regulated by the State must be consistent with the actual transfer price on the market and be used for all purposes such as collecting land use fees, collecting money when allocating land, and compensating for damages when the State reclaims land. According to this viewpoint, every year at the beginning of the year, the State must have a suitable land price list publicly announced for the people to know.

Land prices are complicated, but most of the people doing this work have not received basic training, which has led to not seeing all the unique characteristics and complexities of land prices, considering land prices as common commodity prices. There are no measures to perfect the method of determining prices. Those responsible for developing policies and giving instructions do not have enough capacity to analyze and synthesize, have not proposed measures to handle practical problems, have not promoted collective strength, and are still heavily influenced by individual thinking when handling.

Second, the cause comes from the law enforcement officers.

The law has quite specific regulations on the process of investigating and surveying land prices on the market to build the State's land price list, which is regulated and announced annually by the Provincial People's Committee. If this regulation is implemented correctly, objectively and completely, the land price regulated by the State must be consistent with the land price on the market under normal conditions. If there is a difference between the land price regulated annually by the Provincial People's Committee and the land price on the market, the main reason is that the investigation and survey of land prices on the market has not been conducted correctly, objectively and completely or due to subjective decisions by local leaders.

Compensation and support policies are mainly in the form of monetary payments to all people receiving compensation and support, without appropriate mechanisms and policies to create conditions for workers whose agricultural land is recovered to learn a trade or change jobs to stabilize their lives;

All levels, sectors, political and social organizations, enterprises (employers), and the mass media system have not paid consistent and regular attention to the pressing issues (vocational training, career change, employment) of the people.

Law on support when the state reclaims land through practice in Bac Tu Liem district, Hanoi city - 8

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