Qualifications of Civil Servants Performing District Land Management

In addition, the cost of managing the ward budget according to the limit is not allowed to increase, causing many difficulties for the land management of the ward government.

d. Professional qualifications of land management officials: Land management officials in Tay Ho district are currently lacking and weak. According to data collected at the district's Internal Affairs Department (Table 2.10).

Table 2.10. Qualifications of civil servants implementing land management in the district

Unit: person

Grant

Quantity	Professional level
	Postgraduate and Postgraduate			Intermediate		Primary
	Above university	Right major	Not in the right major	Right major	Not in the right major	Right major	Not in the right major
District	18	0	5	8	2	3	0	0
Ward	16	0	6	4	2	0	1	3
Total	34	0	14	9	4	3	1	3

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Source: Tay Ho District Internal Affairs Department It can be seen that many cases of ward and district land officials have not been properly trained, and recruitment is still not strict. Recruitment of civil servants is mainly due to relationships, or recruitment from other places. Up to now, the district has not applied the form of recruiting civil servants by examination according to the quotas publicly announced on mass media. This is one of the major limitations in the current personnel work of Tay Ho district. According to the results of direct interviews with civil servants in charge of State management of land in the district, it shows that: due to the pressure of urbanization speed, land is increasingly scarce and becoming a valuable commodity. Meanwhile,

The legal system is still inadequate, the management style is arbitrary, many legal regulations are set out but not implemented and not handled. Management does not follow programs and plans but follows the case, ward cadastral officers often have to take on many tasks, which creates great pressure on work. In addition, the management level of ward and district levels in general is still weak, equipment has not kept up with the actual development speed. The income of cadres is still limited, about 1.2 million to 2 million VND, which is low for urban life. For civil servants, in addition to salary, they also expect promotion opportunities, self-affirmation in work, in the eyes of everyone. However, administrative agencies do not have specific criteria for promotion opportunities like enterprises, management work is heavily influenced by relationships, lacking professionalism. Therefore, the quality of work is low and can easily lead to negative violations of the law.

In land management as well as management in general, the human factor is the most important. The CQQ is the level that implements the policies and laws of the State, directly deals with the people, there are many opportunities for corruption and bribery. Whether policies and laws are implemented or not, whether the image of the government is friendly, clean and strong or not often comes from this level. Therefore, the work of district cadres needs to be considered top priority. However, for many years, the human factor in management at the district is still an overlooked factor. The situation of buying positions, buying power, harassing people and businesses, poor capacity, lack of professionalism... has not been overcome in a synchronous and systematic way. In reality, the promotion or dismissal of a position of a department-level cadre or chairman of the ward People's Committee is often very complicated. It must be agreed upon by many levels, especially the consent of the district Party Committee Standing Committee and the district Party Committee Secretary. The agreement does not follow clear criteria and is difficult to control. So, Tay Ho district has positions in charge of departments.

are considered sensitive, many "perks" such as the chief inspector of construction, the head of the Department of Natural Resources and Environment have not been appointed for 10 years now, due to lack of consensus (there is only one deputy in charge or when there is a chief, there is no deputy). Or the violations of order management leading to illegal construction works that have been published in the press, the main cause is the lack of responsibility of the officials. This is also shown in transactions, contacts with people, the results of the author's investigation, when asked about the attitude of the cadastral officers of wards, districts and the land use right registration office, the households and individuals using the land have an assessment of 3.45, the enterprises are 3.56-3.81. This means that the assessment opinions that are not good and below average are acceptable.

2.3.2. Land management method of Tay Ho district government

The thesis evaluates the suitability of input factors for the State management methods on land of the competent authorities such as: (i) administrative methods; (ii) economic methods; (iii) propaganda and education methods.

2.3.2.1. Administrative law

The task of the CQQ is to organize the implementation of the contents of the Land Law into life, ensuring the strictness of the law in land management and use. With this method, the CQQ still encounters many difficulties, many cases need to handle administrative violations or administrative decisions are issued but not implemented. The effectiveness of state management is not really high.

In handling administrative procedures, Tay Ho district is one of the leading districts in the city in establishing a Public Administrative Service model, implementing the "one-stop" model at the district and ward levels. The authorities have developed regulations for organizing the implementation of administrative work related to people and businesses, including clear regulations on time limits and implementation steps for specific contents. Initially, certain results have been achieved. The results of the survey in this area show that for households and individuals using land, the answer to the question: "Procedures for granting

The answer to the question: "The procedure for granting land use rights certificates and land lease is complicated with many types of documents" is: 4.3 and the answer to the question: "The procedure for granting land use rights certificates and land lease is complicated with many types of documents" is: 5.96; for enterprises, the answer to the question: "The procedure for granting land use rights certificates and land lease is complicated with many types of documents" is: 4.79 and the answer to the question: "The procedure for granting land use rights certificates and land lease is complicated with many types of documents" is: 6.11, as well as the answer to the question: "The unit can control the status of the documents and the time to issue land use rights certificates" is: 3.85. In addition, direct interviews with land management officials also revealed that: due to the large amount of management content, the archiving of documents and land management from previous years was not done well, so resolving according to the general prescribed time limit is difficult and depends on each specific case. This means that Tay Ho district has not implemented this content to meet the requirements, the authorities need to continue to research to resolve this issue in a synchronous manner.

2.3.2.2. Economic method

There is decentralization in State management, so the authorities do not promulgate economic norms, nor are they bold in using this method in management. Regulations and economic-technical norms are often issued by the State and the city. The authorities are the implementing and applying agencies. However, to have high management efficiency, the authorities need to be flexible in use. Tay Ho authorities have implemented land use rights auctions, initially achieving good results in personnel management such as administrative salary and administrative expenditure contracts and allowing departments and ward People's Committees to retain a certain percentage of additional fees... to use in the district's reward funds. This action of the authorities has saved the budget and encouraged officials in their work. These are good signals that need to be considered for widespread application in management areas, especially bidding and auctioning of land use rights, encouraging land users to participate in management activities. However, the city and the State need to have

Specific regulations on revenue and expenditure in finance to avoid misuse, limits... causing loss to the budget.

2.3.2.3. Methods of propaganda and education

Land use subjects in Tay Ho district include:

 Agencies and enterprises are mostly concentrated in Thuy Khue, located right in the residential area, interspersed with schools, with little green space for isolation, and many enterprises do not have a suitable waste treatment system. Therefore, the authorities need to propagate and mobilize enterprises to take measures to change technology, plant trees, and have awareness of environmental protection. In case of violation of environmental regulations, it is necessary to strictly punish and recommend the city and ministries to jointly resolve;

 Households and workers often use land for purposes such as: Land use for production, business, commercial services and agricultural production; Land use for living and housing purposes. Due to lack of information on State management of land, people are not confident in investing in production on agricultural land because they have not been granted land use right certificates and they do not know when the State will reclaim it for projects. On the other hand, the situation of chaotic construction still exists in residential areas. Therefore, the district needs to soon develop detailed land use planning for wards, providing information on management policies to people. To do well in State management of land, it requires the correct awareness of people and businesses in complying with the law, and to encourage them to directly participate in land management activities. In Tay Ho district, as well as many other districts, the role of land users in participating in State management of land according to the provisions of the Law is still unclear. Land users are often passive towards the management activities of the government. To get them to voluntarily participate in land management requires the authorities to create new incentives for both citizens and civil servants to improve their perceptions.

 The political and social organizations of Tay Ho district have played an important role in propagating and mobilizing people to implement the decisions.

The State's land acquisition decisions, contributing opinions in planning, land use planning, construction order management, detecting many cases of violations, negativity, illegal land trading. However, the participation of organizations is still limited and lacks initiative. There should be programs and plans for cooperation with the government in both breadth and depth. While the role of people's participation in State management of land is still limited, it is extremely important for organizations to play a representative role for the people.

2.3.3. Contents of State management of land of Tay Ho district government

The thesis analyzes the current situation, output factors and intermediate results, part of the final results that can be recognized or predicted that the State management of land of Tay Ho District People's Committee has implemented.

2.3.3.1. Work on establishing and managing land use planning and plans

Tay Ho District, urban planning and detailed land use planning at a scale of 1/2000 were approved by Hanoi People's Committee under Decision No. 47/2001/QD-UB dated June 29, 2001 of Hanoi People's Committee. The current construction and land use status of Tay Ho District, after determining the prohibited construction areas in the Red River dike protection corridor, high-voltage power lines, wells... the area of West Lake, Red River, the planning is divided into the following areas [58]:

a. Built-up area:

The first area includes land for public works, agencies and enterprises, national defense and security land, and existing urban residential land. This is an area with a construction density of 25-40%, some areas may be higher, the population density also fluctuates greatly, ranging from 141 people/ha (Phu Thuong Ward) to 657 people/ha (Thuy Khue Ward). In general, the quality of the works is uneven, most of them are average, the newly built works recently have good quality and beautiful architectural forms. However, there is still a phenomenon: some agencies and units use land not in accordance with their functions and purposes, ineffective, causing

complicated for construction management and development investment; some polluting production facilities are located in residential areas, social infrastructure, technical infrastructure is not commensurate with urban standards, so the indicators for serving people and society have not met the needs.

The second area, including villages, has a construction density ranging from 20-30%, an average population density of 175 people/ha, of which the lowest is 132 people/ha (Phu Thuong ward) and the highest is 291 people/ha (Buoi ward). This area is heavily influenced by the urbanization process, especially in the peninsula areas of Quang An ward, west of West Lake (Nhat Tan ward), the quality of construction is average. Newly built works are of good quality but the architecture still has many shortcomings, is not unified, causing the loss of traditional architectural identity and natural landscape. The technical infrastructure system and public works are lacking and unbalanced, not meeting the needs.

b. Undeveloped land:

Including the entire remaining cultivated land, divided into 2 areas: Area favorable for construction: is the land inside the Red River dike, which is determined to have stable geological foundation, relatively flat terrain, average ground elevation of over 5m, most of the land is cultivated fields, close to traffic routes and power and water supply lines, favorable for urban development investment; Area unfavorable for construction: the entire land outside the Red River dike, has weak geological foundation, unstable terrain, due to the influence of the Red River flood, it is often flooded, investment in technical infrastructure construction is difficult and complicated.

The district's land use planning is prepared by the Department of Urban Architecture, in conjunction with the Hanoi Department of Natural Resources and Environment. The district's Department of Natural Resources and Environment is the implementing agency, based on the planning approved by the Prime Minister. The planning is prepared according to

top-down process, lower-level planning must follow the planning of higher levels. In the process of planning research, there has not been any real attention paid to consulting the opinions of people and businesses. However, the planning process has the contribution of mass organizations such as the Fatherland Front, trade unions, women... through a number of meetings to contribute opinions and is approved by the District People's Council before being submitted to the City People's Committee. When the planning is approved, it is announced on mass media such as newspapers, television and at the headquarters of the People's Committees of wards and districts. In general, the work of planning, publicity and management in Tay Ho district is carried out in accordance with the Law, but it is still formalistic and the results are limited in aspects such as:

a. Because the planning is top-down, the legal basis is still overlapping and not consistent. The district's planning has shown the will of the superiors but is still limited in terms of the aspirations of the people in the planned area, many points are unrealistic, not highly feasible, are too formalistic and do not reflect the real needs of the people and businesses. For example, the area along and outside the Red River dike has a large population, stable villages for a long time, is planned as a residential area but is currently not being built because it violates the Dike Ordinance because it is in the flood escape area. The authorities have only proposed measures to prohibit and not grant permits for the construction and repair of houses and works, but have not proposed solutions to solve the needs of the people's daily life such as moving them to other places of residence if construction is really prohibited. Therefore, this area has a phenomenon of 100% of the population building without permission, the authorities cannot manage it. The planning does not pay attention to preserving traditional occupations in the district, causing much anger among the people and the press has spent a lot of ink on the issue of preserving the traditional peach "palaces" in Nhat Tan ward. According to this planning, by 2010, Tay Ho district will no longer have agricultural land, which means that the traditional peach village of Nhat Tan and the famous Quang Ba kumquat will be gone.

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