A number of local officials are not professionally trained and are not updated promptly on new regulations of land policies and laws, affecting the progress, quality and efficiency of work handling.
+ The salary and bonus policies for cadres, civil servants and public employees in the district, especially in remote communes, are still limited, life is difficult, working environment is difficult, so many cadres are not dedicated to their work, so the quality is not high. On the other hand, propaganda work, political education, ideology, ethics, lifestyle, and organization of propaganda to improve the moral qualities of cadres are often formal, so a large number of cadres are still degraded and violate land laws.
- Originating from the promulgation and implementation of legal documents on land use management of the Provincial People's Committee:
+ Many administrative procedures are still cumbersome such as procedures for granting land use right certificates, making change records... so farmers do not have the need to establish the legality of their land plots and the government also has no measures to handle them.
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+ The implementation of administrative reform, receiving documents, handling land transaction procedures, and granting land use right certificates at land use right registration offices is still slow.
+ People's access to maps and land use planning information is still difficult. People mainly get information by word of mouth, so the information is not timely and easily inaccurate, affecting people's plans and land use needs. The progress of building land databases is still slow, not synchronous, not fully connected to relevant authorities and not creating convenient access conditions for people.
- Originating from the natural conditions of the district: Yen Lap district has a large land area accounting for 89.44% of the total natural land area; especially the forest area accounts for 69.04%, with a terrain of many rivers and mountains, so it is often difficult to measure and determine boundaries to complete procedures for granting land use right certificates to households and organizations.
- Based on the socio-economic conditions of the district: Currently, many key projects in the district require land acquisition, affecting the lives of many households, while the compensation, support and resettlement policies when the state acquires land still have many points that are not suitable to reality, specifically:
+ Adjustment of policy regulations and compensation prices is still slow.
+ The province's compensation unit price still has some inappropriate unit price contents, not close to the actual situation when implementing, leading to difficulties in mobilizing people to comply with the state unit price, slowing down the progress of site clearance.
+ During the actual inventory process, some items of assets attached to land were not included in the unit price or were included but were not suitable for practice (especially precious timber (group I, II), fruit trees with high economic value...).
+ Some projects and works have registered to use land but have not forecasted market fluctuations, have not calculated the ability to mobilize capital and other impacts, leading to the project being unable to be implemented, forcing adjustments to land use planning and plans.
CHAPTER 3
ORIENTATION AND SOLUTIONS TO IMPROVE STATE MANAGEMENT OF LAND IN YEN LAP DISTRICT, PHU THO PROVINCE
3.1. Orientation of state management of land in Yen Lap district, Phu Tho province until 2025
Completing State management of land in Yen Lap district must be consistent with the economic development orientation of the district. Specifically:
Firstly , manage and develop land funds in a sustainable manner, and distribute benefits fairly in land use among the state, enterprises and farmers when exploiting land funds.
- Proactively create clean land funds to auction to generate revenue for the local budget; Ensure economic benefits for businesses to encourage them to increase investment, exploit land potential and ensure benefits for farmers to stabilize and develop production.
- Regularly review and inspect the land use situation of organizations and individuals to promptly detect and handle cases of improper land use and waste of land funds. Land management and use must comply with approved land use planning and plans.
Second , rationally and sustainably use agricultural land on the basis of protecting high-yield agricultural land, especially land specialized in wet rice cultivation, to ensure long-term food security.
- Agricultural land must be used in accordance with the adaptability of each type of crop: annual crops, perennial crops, irrigated crops, drought-resistant crops, etc., with each type of soil and climate characteristics of each sub-region. Therefore, during the use process, it is necessary to convert the crop and livestock structure to suit production practices and invest in infrastructure systems (transportation, irrigation, etc.) so that land use becomes increasingly reasonable and sustainable, bringing high efficiency.
- In the process of urbanization and industrialization, it is necessary to analyze and carefully consider
The impacts of converting agricultural land use to non-agricultural land and the issue of training and job conversion for farmers to avoid negative consequences. Therefore, it is necessary to maintain and protect agricultural land; especially good land areas that are growing rice, other annual crops, etc. Minimize the use of agricultural land for non-agricultural purposes, especially land specializing in growing rice to ensure food security.
Third , land use management must be directed towards enhancing the operational efficiency of the district's functional agencies, which are the Natural Resources and Environment agencies, from the Natural Resources and Environment Department to commune-level cadastral officers.
- The district's Department of Natural Resources and Environment is under the direct professional guidance of the Department of Natural Resources and Environment, perfecting its management methods to effectively perform the advisory function for the People's Committee at the same level in local land management.
- Complete the land management apparatus of the district government in the direction of streamlining the apparatus, functional departments coordinate effectively in performing common tasks. Land management in Yen Lap district must ensure reasonable division of labor and decentralization between levels and functional departments in the land management apparatus of the district government. Ensure that the staff of land management of the district government must have professional qualifications to meet the requirements of the job and good moral qualities, standard working attitude, especially in solving land issues directly with the people.
3.2. Some solutions to improve state management of land in Yen Ap district, Phu Tho province
3.2.1. Solutions on land use planning and planning
In order for land use planning and plans to be feasible, to limit the need for planning adjustments and to improve land use efficiency, it is necessary to improve the quality of local land use planning and plans. Land use planning and plans need to be based on the development strategy of the district's key agricultural sectors, be competitive, closely follow the district's socio-economic development strategy and be publicly and transparently announced to the people. In order to
To complete the planning and land use plan, Yen Lap District People's Committee needs to implement the following issues:
- Regularly check and review the land fund in the area to grasp the changes in use. Make efforts to maintain the balance of land types, especially agricultural land and forestry land. In agricultural land, it is necessary to ensure the balance between land for perennial and annual crops and land for rice cultivation in order to ensure food security and promote the strengths of the locality.
- Synchronously coordinate three types of planning: socio-economic development planning, land use planning and construction planning. Land use planning must be based on the overall socio-economic development planning of the locality. Construction activities must ensure compliance with land use planning and plans. Land use planning is used as the basis for establishing construction planning, traffic planning, etc.
- When planning, it is necessary to arrange suitable land funds to meet the needs of residential land and production land for people after having to relocate to implement socio-economic development projects and works, and for ethnic minorities.
- Continue to adjust and establish land use planning, measure cadastral maps in accordance with the local socio-economic development strategy, and put land use planning and planning into order. In the immediate future, it is necessary to adjust the Land Use Planning until 2020 and the Land Use Plan for the period 2016 - 2020 of the district; direct the implementation of land management and use in 2017 of the district approved by the People's Committee of Phu Tho province.
- Develop and approve detailed land use plans for communes and towns. Detailed plans need to be divided into specific implementation stages, from which appropriate policies can be developed for appropriate land management and use. It is necessary to link plans with financial resources and local administrative management. Properly manage approved plans.
- Invest funds in surveying, cadastral mapping, planning, land use planning and land database construction. Purchase equipment to facilitate cadastral work, speed up work progress.
- Develop and implement synchronously plans related to land management and use. Plan for economic and social development and plans for sectors such as: Culture, education, health, construction, transportation, irrigation...
- Transparency of information on planning and agricultural land use plans: Information on planning and agricultural land use plans needs to be public and transparent so that land users, especially farmers, can grasp the information. From there, there will be appropriate land use plans, without being passive and without interest groups or entities outside the market taking advantage of non-transparent information to make transactions that harm the interests of farmers.
- Through commune and town land officials and notices posted at the People's Committee Headquarters, at the "one-stop" room to provide the best information to people, especially farmers, about registration procedures, records, land prices, etc. to facilitate registration and record-making. Create conditions for farmers to have better access to the judicial system, such as: creating a fund to support legal advice for farmers; disseminating court regulations related to land disputes; increasing information through the media about court decisions to the people;...
3.2.2. Solutions for implementing land use planning and plans
3.2.2.1. Solutions on land allocation, leasing, recovery and conversion of land use purposes
- Correctly implement authority and procedures on land allocation and lease, improve land use efficiency.
+ To overcome deforestation and manage forests sustainably, it is necessary to switch from mainly exploiting natural forests to planting new trees, zoning, contracting for forest protection, and linking exploitation with processing according to plans. Therefore, it is necessary to socialize forest resources and forestry through contracting for households to plant and protect forests according to plans.
+ Strictly control the conversion of rice-growing land, land with protective forests, and special-use forest land to other uses. Strictly control land allocation, land lease, and permission to convert land use purposes to implement projects.
investment project
+ Mobilize individuals and households who are no longer directly involved in agricultural production to voluntarily transfer land use rights to those who need to use them for agricultural production, making good use of existing land funds. This can be combined with the new rural construction program in communes.
- Have appropriate regulations or mechanisms to implement land use planning in sync with other sectoral planning, not to allocate land to non-agricultural production and business projects outside the planning (industrial parks, clusters, craft villages); or divide and adjust land allocation and lease planning in accordance with the prescribed bases, ensuring effective land use and feasibility of investment projects.
- Strengthen inspection and handling of violations of the Land Law, improper land use, waste and extravagance to recover land; then auction it to businesses and individuals for long-term lease to increase budget revenue or build public works.
- Invest in and improve wasteland, exploit and put unused land into use. Inefficient agricultural land should be considered for conversion to other more effective purposes such as: Planting trees with high economic value such as tea, rubber, oranges, etc.; agricultural land located in residential areas, if consistent with land use planning, should be allowed to be converted to residential land. In addition, it is necessary to strictly manage land allocation and recognition of agricultural land use rights for households and individuals who do not directly produce agriculture. Limit the conversion of land use purposes from high-yield rice land to other land and do not allow conversion of purposes without carefully reviewing the records, current land use status, etc. and without meeting the conditions.
- Promote the transformation of the agricultural and rural economic structure towards industrialization and modernization in accordance with the actual conditions of each locality. Consolidate land to build fields with high productivity and income.
- Regularly inspect and review land funds in the area to avoid disputes, land encroachment, illegal land use conversion, and promptly propose effective land use plans.
- Mobilize investment capital for infrastructure construction from economic sectors to increase land value.
- Perfecting the mechanism for land recovery, compensation, support and resettlement when the state recovers land.
+ Determine the price of land for compensation, support and resettlement when the state recovers land appropriately and in accordance with the land price list of Phu Tho Provincial People's Committee; prioritize resettlement for cases without accommodation when the land is recovered; do not compensate for land and attached assets in cases where land is recovered due to violations of the law. Have a policy to protect the rights of farmers when their land is recovered for security, defense, public service purposes, etc.
+ To ensure the benefits of farmers when reclaiming land, it is necessary to verify the reclaimed land area based on both the land use right certificate and the reports of the residential area, those who know the actual land use of households in the residential area. Doing so will ensure the accuracy of the reclaimed area and ensure the rights of land users, avoiding the situation where some subjects take advantage of appropriating compensation money.
3.2.2.2. Solutions for registering agricultural land use rights and granting land use rights certificates
- Review and complete the issuance of land use right certificates for eligible land plots according to the provisions of land law.
+ Urgently inspect land use planning and plans to guide households and individuals using land to register land use rights according to the provisions of the Land Law. Promote the issuance of land use right certificates to organizations, businesses and individuals with appropriate scales to encourage investment in production.
+ Speed up the progress of reviewing and redefining land use boundaries of forestry companies, measuring, marking boundaries, and granting land use right certificates to forestry companies according to approved land use plans.
+ Strengthen inspection and direction of updating and adjusting changes; management