Overview of Da Lat City, Lam Dong Province

Firstly , from the reality of residential land use activities, we see that individuals and households using residential land are the subjects that need the State's attention in the work of granting residential land use right certificates. There are many different reasons from the State management agencies and residential land users leading to a situation where individuals and households are using residential land but have not been granted residential land use right certificates. Understanding the reasons will guide research on the possibility of recognizing residential land use right and stipulating appropriate conditions for granting residential land use right certificates to this group of subjects.

Second , granting residential land use right certificates is a task assigned to competent State agencies, and moreover, this is a need that land users always aim for. Residential land use right certificates play a very important role not only for State land management activities but also for individuals and households using residential land. Therefore, focusing on the granting of residential land use right certificates will aim to effectively implement many other goals of land management, record the rights and legitimate interests of land users, and at the same time achieve economic benefits from the granting of residential land use right certificates.

Third , individuals and households using residential land are granted a certificate of land use rights when they fully meet the conditions prescribed by law for each specific case. The Land Law divides two cases: individuals and households using residential land with valid documents on land use rights and individuals and households using residential land but without valid documents on land use rights. Through many stages of development of the Land Law, the conditions for granting a certificate of land use rights have been specified, detailed and stricter, while at the same time expanding the rights of land users through the addition of cases of using residential land with recognized land use rights.

Fourth, in general, each case of residential land use granted a certificate must meet certain conditions, but all aim to clearly determine the origin and legal status of the residential land in use. Comprehensive consideration of the conditions when granting a certificate will ensure the rights of the land use right holder, minimizing errors or disputes.

Chapter 2

PRACTICAL IMPLEMENTATION OF THE LAW ON ISSUING CERTIFICATES OF LAND USE RIGHTS TO INDIVIDUALS AND HOUSEHOLDS IN DA LAT CITY, LAM DONG PROVINCE

AND SOLUTIONS TO IMPROVE THE LAW

2.1. Overview of Da Lat City, Lam Dong Province

2.1.1. Natural conditions of Da Lat City

Da Lat city is 393.29 km² (39,329 ha) wide, located on Lam Vien plateau, Da Lat is 1,500 km from Hanoi capital, 320 km from Ho Chi Minh City, 135 km from Nha Trang city. Da Lat is about 1,500 meters above sea level. With geographical coordinates of 11°48′36″ to 12°01′07″ north latitude and 108°19′23″ to 108°36′27″ east longitude, Da Lat is located entirely in Lam Dong province, bordering Lac Duong district to the north, Don Duong district to the east and southeast, Lam Ha district to the west, Duc Trong district to the southwest. After the most recent administrative boundary adjustment in 2009, Da Lat includes 12 wards, identified by serial numbers from 1 to 12, and four communes: Xuan Tho, Xuan Truong, Ta Nung and Tram Hanh.

With its natural advantages, Da Lat has become the economic center of Lam Dong province, the center of resort tourism, training and scientific research of the whole country.

Traffic conditions are relatively favorable for expanding economic exchanges with key economic regions in the South, the Central Coast provinces and the Central Highlands.

Da Lat is also the city of Lam Dong province, the center of resort tourism, training and scientific research of the whole country.

The terrain of Da Lat is a basic plateau that can be divided into 3 types: high mountains, low hills and valleys. The characteristic feature of the terrain is the strong level of dissection. The North and Northwest areas are blocked by Lang Biang Mountain; the East and Southeast gradually decrease towards Da Nhim Valley; the West and Southwest gradually decrease towards Di Linh Plateau.

Dalat is located in the tropical monsoon region near the equator but is influenced by altitude and natural terrain, so the climate is unique compared to neighboring areas. The average annual temperature is 18.3 o C, the daily temperature range is 11-12 o C. Dalat's climate is divided into two distinct seasons, the rainy season lasts from April to October every year, the dry season from October of the previous year to April of the following year. The average annual rainfall in Dalat is 1800 mm. Rainfall is concentrated in August and September every year. In general, Dalat has a mild and cool climate all year round, the rainy season

many, short dry season, no storms.

Table 2.1: List of administrative units in Da Lat

Name

Acreage

Population

Density

Name

Acreage

Population

Density

Ward 2

1.26 km²

19,072

15,137

Ward 10

13.79 km²

15,382

1,115

Ward 3

27.24 km²

17,062

626

Ward 11

16.44 km²

9,243

562

Ward 4

29.10 km²

21,427

736

Ward 12

12.30 km²

7,905

643

Ward 5

34.74 km²

13,938

401

Ta Nung

45.82 km²

3,981

Ward 6

1.68 km²

16,955

10,092

Station

55.38 km²

4,646

Ward 7

34.22 km²

14,721

430

Xuan Tho

62.47 km²

6.253

100

Ward 8

17.84 km²

26,369

1,478

Xuan Truong

35.64 km²

6,035

169

Maybe you are interested!

(Source: Lam Dong Statistical Yearbook 2010)

2.1.2. Socio-economic conditions of Da Lat City

In recent years, Da Lat's socio-economic situation has been changing strongly and in line with the country's development trend. Below is some specific information about the socio-economic conditions of Da Lat City.

Da Lat City population in 2017 was 226,978 people.

Social labor is increasing rapidly, especially unskilled agricultural labor (accounting for 38.5%). Skilled labor is not trained according to standards and also does not have

conditions for operation because Da Lat does not have large industrial parks or export processing zones.

In recent years, Da Lat City's infrastructure has received investment attention, especially the inner-city traffic system, the traffic system in rural residential areas, agricultural production areas, tourist areas and areas planned for urban development. Local authorities are planning economic development areas in suburban and rural areas to encourage economic development in the direction of Tourism, Services - Industry, Construction - Agriculture and Forestry.

Rural agricultural development programs with the goal of industrialization and modernization have been implemented step by step. Rural infrastructure has been invested in transportation, irrigation, electricity, schools, healthcare, etc. The socio-economic situation in some key agricultural areas of the city has been significantly improved, the application of scientific and technological achievements in production has been implemented quickly and brought about appropriate economic efficiency on each unit of area. The lives of the majority of the population have been improved, social welfare has been cared for, and cultural life has developed strongly.

Regarding economic development, the tourism and service industry has been identified as the city's key economic driving force in recent years and in the coming years. The industry's growth rate has been maintained and developed annually, currently reaching 65% of the local socio-economic structure.

The industry and construction sector is on the development path with the orientation of forming small and medium-sized industrial zones in rural agricultural localities to attract investment in the agricultural processing sector to participate in the domestic consumer market and export. The city is focusing on investing in developing handicrafts and prestigious agricultural processing industries.

In previous years, the Agriculture and Forestry sector was an important economic sector of the locality. However, with the orientation of developing the tourism and service economy,

– Industry, construction – Agriculture, forestry; the agricultural sector has been and is

steps to implement the goal of gradually reducing the proportion in a reasonable manner in the economic structure of the city. Currently, Da Lat's agricultural sector still attracts 38.5% of the social workforce. Agricultural production in the field of cultivation is developing in terms of area, increasing crops, increasing productivity and quality of agricultural products. Every year, Da Lat's agricultural sector supplies the consumer market with about 200,000 tons of various vegetables and over 250 million flower branches. The livestock sector develops slowly. The city is implementing programs to convert the structure of crops and livestock to increase the diversity of agricultural products, meet the needs of the domestic consumer market in the direction of high quality and gradually create an export market for agricultural products.

Thus, Da Lat with the natural conditions of a tourist and resort city with a fresh, cool climate all year round, one day has four seasons: Spring, Summer, Autumn, Winter with a lot of fog in the early morning and late at night. Da Lat is also a city that grows a lot of vegetables, many kinds of flowers and is famous for many beautiful landscapes such as Suoi Vang Lake, Langbiang, Tuyen Lam Lake, Love Valley, Dreamy Hill... In addition, Da Lat is also a fairly quiet city, not too crowded, bustling with a very convenient and safe traffic system, in the city there are not even traffic lights. These may be the basic points that create the unique characteristics of Da Lat, making Da Lat different from other localities in the country. This has contributed to attracting many tourists and many people who want to establish land use rights in Da Lat to serve the needs of living, resting, and doing business. Therefore, the increasing demand for land use right certificates for individuals and households requires all levels and sectors of Da Lat City to pay attention to the issuance of land use right certificates for individuals and households.

2.2. Practical implementation of the law on granting Land Use Right Certificates to individuals and households in Da Lat City, Lam Dong Province

2.2.1. Procedures for granting Land Use Right Certificates to individuals and households in Da Lat City, Lam Dong Province

Currently, in Lam Dong province, there is no set of administrative procedures and processes on land applicable to the whole province. Therefore, each locality, based on the 2013 Land Law; Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law and Circular 24/2014/TT-BTNMT regulating land records, proactively issues a set of procedures and processes for granting Certificates applicable in its locality. In that spirit, the People's Committee of Da Lat City has issued a new Certificate issuance process , accordingly, this process includes 12 steps to be implemented within 30 working days from the date of receiving a complete and valid dossier (excluding the time for performing financial obligations) to specify the contents according to regulations, in accordance with the reality of Da Lat City:

Step 1 (01 day): The team receiving and returning the application documents The People's Committees of communes, wards and towns receive the application documents, record the information in the application receipt book and return the application results. If the application documents are complete, the team will create an application receipt form. If the application documents are incomplete, the team will guide the applicant to supplement the application documents (within the day).

Step 2 (17 days): The People's Committees of communes, wards and towns verify the origin and time of use; check the planning status; determine the status of land disputes; collect opinions from residential areas; publicly post notices; announce the submission for posting the dossier; announce the completion of the dossier; list of eligible conditions for granting the Certificate; transfer the dossier to the dossier receiving and returning team of the People's Committees of communes, wards and towns.

Step 3 (same day): The team receiving and returning the documents of the People's Committees of communes, wards and towns will record the documents in the monitoring book and transfer the documents to the Branch of the Land Registration Office of Da Lat City.

Step 4 (04 days): The Da Lat City Land Registration Office Branch conducts legal examination of the dossier, compares the original dossier; verifies the field if necessary; writes and draws a new Certificate; drafts a submission and decision for eligible dossiers; drafts a response for ineligible dossiers; transfers the dossier to the director of the Da Lat City Land Registration Office Branch.

Step 5 (01 day): Director of the Branch of the Land Registration Office of Da Lat City reviews the application. If qualified: confirm on the application for Certificate, clearly stating according to the Form

No. 04a/DK, sign the submission form, sign the control sheet for the file processing. If not qualified: request the registration team to revise. Transfer the file to the Department of Natural Resources and Environment of Da Lat City.

Step 6 (02 days): The Department of Natural Resources and Environment of Da Lat City checks the submission and decision; checks the legal and technical information of the draft Certificate; transfers the file to the Head of the Department of Natural Resources and Environment of Da Lat City.

Step 7 (01 day): Head of the Department of Natural Resources and Environment of Da Lat City reviews the documents; signs the control form; The Natural Resources Team submits to the Standing Committee of the People's Committee of Da Lat City.

Step 8 (01 day): The Standing Committee of Da Lat City People's Committee reviews if it is qualified, signs the decision, signs the Certificate, if it is not qualified, transfers it to the Department of Natural Resources and Environment of Da Lat City for adjustment; transfers it to the document and archive team under the Office of Da Lat City People's Committee.

Step 9 (01 day): The Office of the People's Committee of Da Lat City stamps and records in the monitoring book; transfers the file to the Department of Natural Resources and Environment of Da Lat City.

Step 10 (same day): Da Lat City Department of Natural Resources and Environment records the file processing and transfers the file to the Branch of Da Lat City Land Registration Office.

Step 11 (01 day): The Da Lat City Land Registration Office Branch transfers the file to the tax authority to notify the collection of financial obligations; records the issuance of the Certificate; copies the Certificate, stores the file; transfers the file to the receiving team and returns the file to the People's Committees of communes, wards and towns.

Step 12 (01 day): The team receiving and returning the dossiers of the People's Committees of communes, wards and towns performs the final step of updating the dossier tracking book; notifying the fulfillment of financial obligations; handing over the Certificate (when the land user completes the financial obligations).

2.2.2. Current status of receiving and handling applications for granting Land Use Right Certificates to individuals and households in Da Lat City in recent years

last year

The work of receiving and handling dossiers for granting Certificates for individuals and households using residential land in 2015, 2016, 2017 was carried out from the People's Committees of communes, wards, and towns to the People's Committee of Da Lat City in accordance with the 2013 Land Law and Decree 43/2014/ND-CP. Through studying the data table of granting Certificates for individuals and households using residential land in Da Lat City provided by the Da Lat City Land Registration Office, the author found that the rate of timely handling of dossiers increased significantly. Specifically, in 2015 it was 76%, in 2016 this rate was 92% and in 2017 this rate was 93.9% . This rate increased over the years and basically met the needs of the people. This is shown in the following data table:

Table 2.2: Data on processing dossiers on granting Land Use Right Certificates for individuals and households in Da Lat City

Year

Admission profile	File resolved (Certificate issued) receive)			Resolved files (returned files + withdrawn files)			Rate of timely processing of applications (%)
Admission profile	Total	Pay on time	Overdue payment	Total	Pay on time	Overdue payment	Rate of timely processing of applications (%)
2015	1350	825	607	218	91	67	24	76 %
2016	1764	944	853	91	317	307	10	92 %
2017	1941	968	872	96	352	317	35	93.9 %

(Source: Report No. 47/VPĐK-CNDL dated December 24, 2015; Report No. 59/VPĐK-CNDL dated December 30, 2016 and Report No. 86/VPĐK-CNDL dated January 15, 2018 of the Land Registration Office, Da Lat City Branch)

In addition, there are still a certain number of cases that are resolved late. Here are some specific cases that occurred in Da Lat City that were resolved late or not resolved:

Case 1: In Da Lat City, there was an incident where Ms. Tran Thi An, residing at 68/6 Dong Tinh Street, Ward 8, Da Lat City, Lam Dong Province, complained about Decision No. 803/QD-UBND dated August 17, 2016 of the Chairman of Da Lat City People's Committee on not granting a Certificate to her family on the grounds that her family

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