Limitations and Causes of Limitations in State Management of Public Land and Agricultural Land in Cau Giay District

case with total land area of violation is 0.0060 ha in Dich Vong Hau ward.

The District People's Committee has completed 178 specific cases: 170 cases of housing construction (32 cases in Yen Hoa ward, 21 cases in Mai Dich ward, 22 cases in Trung Hoa ward, 28 cases in Dich Vong Hau ward, 29 cases in Nghia Do ward, 38 cases in Nghia Tan ward), before 2014: The Ward People's Committee has established a management file and carried out land registration according to regulations; 01 case of illegal construction of factories and warehouses in Nghia Do ward, before 2014: The Ward People's Committee has established a management file, requiring the status quo to be maintained, no new violations to arise until land recovery is carried out to implement the project according to the planning; 04 cases of construction of wharves and business premises in Dich Vong Hau ward, before 2014: The ward People's Committee terminated the lease from April 2018 for 0.0300ha on map sheet No. 19 (1994), land plot No. 70; put the land into land use for the right purpose or reclaimed the land to implement the project for 0.2511ha on map sheet No. 01 (1987), land plot No. 11 (124 Xuan Thuy street); 01 case of construction of ecological facilities and business against regulations in Mai Dich ward, before 2014: Mai Dich ward Cultural House signed a lease contract for business purposes. Mai Dich ward People's Committee requested to terminate the lease contract. Currently, business activities have stopped; 01 case of illegal construction of ecological facilities and business in Quan Hoa ward, before 2014: Quan Hoa ward People's Committee coordinated with departments, offices and functional units of Cau Giay district to organize enforcement of all violations of construction order and urban order according to regulations; 01 other violation in Dich Vong Hau ward, before 2014: Dich Vong Hau ward People's Committee requested immediate stop.

leasing for business purposes and requesting Dich Vong Hau Ward Police to comply with the provisions of the Land Law. Current status, not for lease for business or service purposes.

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The number of violations that need to be handled is 06 specific cases: 05 cases of building ecological facilities and doing business in violation of regulations in Trung Hoa ward, before 2014 (4 cases) and in 2016 (01 case), in the case of 2016, 500/560m2 of land was handled, 60/560m2 of land still needs to be handled; 01 case of building houses in Nghia Do ward, in 2018: The ward People's Committee has prepared a file to handle violations according to regulations. However, it has not been completely handled, and there are still illegal constructions.

For public land and unused land managed by the Ward People's Committee not in accordance with Decision No. 73/1998/QD-UB:

The District People's Committee has detected 194 cases with a total area of land violated of 0.7954ha, accounting for 8.28% of public land. Of which: 152 cases of illegal housing construction with a total area of land violated of 0.5091ha; Specifically in the wards: Yen Hoa 28 cases (0.1091ha), Mai Dich 04 cases (0.0240ha), Trung Hoa 117 cases (0.3570ha), Dich Vong Hau 03 cases (0.0190ha); Illegal construction of factories and warehouses: No; Construction of wharves, business premises 02 cases with a total area of land violated of 0.1198ha in Mai Dich ward; Construction of ecological facilities, business in violation of regulations 40 cases with a total area of land violated of 0.1240ha; Specifically in the wards: Mai Dich 12 cases (0.0820ha), Trung Hoa 01 case (0.0110ha), Dich Vong Hau 27 cases (0.0735ha).

The District People's Committee has completed 184 specific cases: 146 cases of housing construction (Yen Hoa 28 cases , Trung Hoa 115/117 cases , Dich Vong Hau 03 cases ), before 2014: The Ward People's Committee had established records

preliminary management and implementation of land registration according to regulations; 04 cases of housing construction (Mai Dich 04 - Ao Thanh Nien) , before 2014: Due to not being suitable with the planning as residential land, the Ward People's Committee has established a management file, requiring the status quo to be maintained, no new violations to arise until the land is recovered to implement the project according to the planning; 01 case of construction as a wharf, a business premises in Mai Dich ward, before 2014: The Ward People's Committee has established a management file, requiring the status quo to be maintained, no new violations to arise until the land is recovered to implement the project according to the planning; 01 case of construction as a wharf, a business premises in Mai Dich ward ( Ao Thanh Nien) , in 2018: The Ward People's Committee has established a file to handle violations according to regulations; The violating constructions have been dismantled; 12 cases of illegal construction of ecological and business facilities in Mai Dich ward, before 2014: The ward People's Committee has established a management file, requiring the status quo to be maintained, no new violations to arise until land is recovered to implement the project according to the planning; 01 case of illegal construction of ecological and business facilities in Trung Hoa ward, before 2014: The ward People's Committee has strictly managed, not allowing land encroachment during the project waiting period, when the site is cleared, it will be handed over according to regulations; There are 19/27 cases of illegal construction of ecological and business facilities in Dich Vong Hau ward, before 2014: The ward People's Committee has issued a Notice, terminating illegal business activities and using land for the right purpose (area of 0.0600ha) .

There are 10 cases that need to be handled, including: 02 cases of housing construction (Trung Hoa 02/117), before 2014: Trung Hoa Ward People's Committee plans to complete the handling in 2020; 08/27 cases of construction of ecological facilities and illegal business in Dich Vong Hau Ward, before 2014: Ward People's Committee plans to handle and terminate business activities.

illegal business and land use for the right purpose in the first quarter of 2020 (area 0.0135ha).

2.3.2. Limitations and causes of limitations in state management of public land and agricultural land in Cau Giay district

Limitations in public land management:

The District People's Committee and the Ward People's Committees of Cau Giay District are the units that receive the dossiers and public land areas handed over by the City People's Committee, but the management process did not comply with the regulations in Decision 73/1998/QD-UB dated December 22, 1998 of the Hanoi People's Committee, which resulted in the issuance of land use right certificates to a number of households in the area on public land areas according to the dossiers handed over by the City People's Committee, without checking and reviewing the public land dossiers but still submitting them to the Hanoi City People's Committee and Cau Giay District People's Committee for issuance of land use right certificates.

The management of public land in Cau Giay district is still not strict. When there are violations of land use, there are no resolute and thorough measures to handle them, leading to the situation of land being used for the wrong purpose, from public land to restaurants and service businesses. Some wards in the district let cooperatives use public land without establishing projects, without being allocated land, to build headquarters, high-rise buildings for rent, and lax management allows people to encroach and illegally build houses on public land.

According to the provisions of the Land Law, the People's Committees of communes, wards and towns are responsible for managing and using public land areas for public purposes according to approved land use plans or bidding for limited-term leases. However, in some wards, there is a situation of assigning agricultural service cooperatives to exploit, use, joint venture, and joint leases that are not in accordance with regulations. Some places pay part of the revenue from leasing activities to the State budget.

Ward books, some places do not submit to the budget, affecting budget revenue, easily giving rise to negativity and corruption.

In addition to the public land areas handed over by the City People's Committee to the ward according to Decision No. 73/1998/QD-UB, there are also areas listed in the map and field book established in 1994 with the name of the user being the Ward People's Committee or without the name of the user but the responsibility for local state management of public land belongs to the Ward People's Committee. The wards have been lax in management, allowing a part of the public land area to be encroached upon by households to illegally build houses on public land.

The People's Committees of wards do not establish records to determine the time of construction, construction area, and do not have records to handle construction order and land for cases of households encroaching and illegally constructing works on public land. There is a situation where the People's Committees of wards assign the Residential Group Protection Board to build parking lots, and the revenue kept by the Protection Board is not submitted to the People's Committee of wards.

Limitations in agricultural land management:

Before the 1993 Land Law, all agricultural land in Cau Giay district was managed by agricultural cooperatives. In 1998, all agricultural cooperatives were converted to agricultural service cooperatives and service businesses. The cooperatives' agricultural land management documents were not handed over to the People's Committees of the wards for management. Although the People's Committee of Cau Giay district issued documents directing 04 wards: Yen Hoa, Quan Hoa, Dich Vong, Dich Vong Hau to request the cooperatives to hand over the remaining agricultural land fund to the People's Committees of the wards for management, the direction was not drastic and thorough, so up to now, the above wards have not handed over the documents and remaining agricultural land area to the People's Committees of the wards for management, affecting the State management of agriculture in the locality, failing to detect and handle violations in a timely manner.

State management of agricultural land is still not strict, there are no resolute and thorough handling measures, leading to organizations using and households encroaching, changing the construction purpose into houses, cafes, shops, etc.

Regarding the People's Committees of some wards, in the work of State management of agricultural land, there is still a situation of not conducting bidding for land areas managed by the ward, interspersed agricultural land, but leasing or assigning to cooperatives or to some units and organizations exploiting agricultural land for golf courses, not implementing investment projects, and assigning land according to regulations, causing budget losses.

The current land records system kept at the ward People's Committee is mostly managed based on the 1/1000 and 1/500 scale land use status maps established since 1994, without an accompanying land register. Monitoring of land use status has not been updated regularly. The management of public land in the wards is still lax, without resolute and thorough measures.

Limitations in the work of establishing records to monitor the management of specific agricultural land: Ward People's Committees do not have records of agricultural land management over the periods. The transfer of tasks between the Chairman of the Ward People's Committee and the cadastral officers over the periods does not include the content of handing over records of agricultural land management, handing over the responsibility of managing the current status of land plots as a basis for determining the responsibility of managing and handling illegal construction works according to regulations, causing difficulties in handling violations. In the process of implementing the function of State management of land, Ward People's Committees have loosened management, not establishing records of management and determining boundaries for each area of agricultural land managed by the ward, leading to encroachment, transfer, and illegal construction works.

Causes of limitations in state management of public land and agricultural land in Cau Giay district

Objective reasons:

Cau Giay District was established from the separation of a part of the former Tu Liem District, focusing on promoting urbanization, so Cau Giay District did not allocate agricultural land according to Decree 64/CP and did not issue agricultural land use right certificates. At the same time, when it was established, Cau Giay District People's Committee was not allowed to receive documents and records related to the management, use and allocation plan of agricultural land. Therefore, the management and use of agricultural land in the district is mainly based on tax payment records, records of cultivated land areas of agricultural service and general business members. This system of management books and documents is not unified and unclear, leading to difficulties in the process of managing and confirming information related to agricultural land funds of the People's Committees of wards.

The work of propagating and disseminating the law is not good, not fully promoting the spirit of mastery as well as the strength of great solidarity of mass organizations such as the Fatherland Front, trade unions, women's unions, youth unions... Meanwhile, the propaganda and dissemination of the law plays an extremely important role in improving the effectiveness of State management of land because most of the land management activities depend on the organization of law implementation by land users.

Some of the Party's guidelines and policies are long-term and strategic in nature but have not been institutionalized in a timely manner due to incomplete summarization of practices and theoretical research, especially land use planning; application of information technology in land management...

In addition, the provisions of the 2013 Land Law and other relevant legal documents on the scope of regulation and content are not unified and lack consistency. Documents detailing the implementation of laws related to land management under the authority of localities have not been issued fully and promptly. Legal documents regulating land management and use have not been reviewed, systematized and regularly updated. Regulations on measures and sanctions for handling violations of the law are not complete, lacking regulations on responsibilities, administration and criminal penalties to deter and prevent violations of the law.

* Subjective causes:

The capacity of ward cadres and civil servants in the field of land management is still limited. Ward cadastral officers have to perform many tasks, and in many places they are not maintained stably due to changes in cadres or rotation between wards, which limits their experience and professional capacity, and they do not grasp the actual situation of the locality, directly affecting the work of State management of land. Each ward has only one or two cadastral officers to do all procedures related to land, including site clearance, adjustment of changes, settlement of land disputes, preparation of dossiers for granting land use right certificates to people, annual statistical reports, land price lists, etc. To perform well the above tasks, ward cadastral officers must make great efforts in grasping the actual situation of the locality, solving work as well as improving their professional qualifications. The mentality of pushing, avoiding, fear of responsibility and fear of innovation is still heavy among cadres and civil servants.

The management responsibility of higher-level management agencies is still lacking and weak, the work of inspection, examination and supervision of law enforcement and performance of public duties by civil servants and administrative agencies is still lax. Lack of a system of regulations

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