Land for perennial crops: in 2000 there were 2,810 thousand hectares, the National Assembly approved in 2010 to reduce it to 2,657 thousand hectares. In fact, by 2010 there were 3,689 thousand hectares, an increase of 879 thousand hectares compared to 2000. The increase in land area for perennial crops is due to the conversion of land for annual crops and production forests to perennial crops (perennial industrial crops and fruit trees).
Forestry land: in 2010 there were 15,366 thousand hectares, an increase of 3,791 thousand hectares compared to 2000. This target was approved by the National Assembly in 2010 as 16,244 thousand hectares, the forestry land area did not meet the target approved by the National Assembly by 94.59%.
Protective forest land: in 2010 there were 5,795 thousand hectares, an increase of 397 thousand hectares compared to 2000. This target was approved by the National Assembly in 2010 as 6,563 thousand hectares, this target has not been achieved compared to the National Assembly resolution of 88.30%, due to protective forest land being converted to special-use forests, production forests, and perennial trees.
Special-use forest land: in 2000 there were 1,443 thousand hectares, the National Assembly approved in 2010 1,978 thousand hectares, in fact by 2010 there were 2,139 thousand hectares, an increase of 696 thousand hectares compared to 2000. The area of special-use forest exceeded the target approved by the National Assembly by 8.14% mainly due to the conversion from production forest and protection forest. The increase in the area of special-use forest land has contributed to creating favorable environmental conditions for the conservation and development of specific ecosystems to preserve gene pools and biodiversity.
Production forest land: in 2000 there were 4,734 thousand hectares, the National Assembly approved in 2010 7,703 thousand hectares, in reality by 2010 there were 7,432 thousand hectares, reaching 96.49% of the target approved by the National Assembly.
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Aquaculture land: in 2000 there were 368 thousand hectares, the National Assembly approved in 2010 700 thousand hectares, in fact by 2010 there were 690 thousand hectares not reaching the target approved by the National Assembly of 98.57%. Aquaculture land increased by 322 thousand hectares compared to 2000 due to conversion from rice fields, mangrove forests, mainly concentrated in some provinces in the Mekong Delta.
Up to now, the planning and planning of agricultural land use until 2020 is continuing to be innovated and implemented synchronously at 4 levels. The planning and planning of agricultural land use for the period 2011 - 2020 is implemented according to the provisions of Decree No. 69/2009/ND-CP dated August 13, 2009, which has basically solved the problems in land use planning methods, ensuring the planning management requirements of each level. The higher level only approves orientational indicators,
Important parts (hardware), the rest (software) are assigned to the People's Committees at lower levels for consideration and flexible decision, increasing local initiative to meet the needs of socio-economic development.
The National Assembly only decides on 03 general indicators: agricultural land, non-agricultural land, unused land area put into use and 10 specific indicators: rice land, protective forest land, special-use forest land (in the agricultural land group); national defense land, security land, industrial park land, infrastructure development land, scenic relic land, land for treatment and burial of hazardous waste, urban residential land (in the non-agricultural land group) ( Table 2.4. Land use planning indicators to 2020; Table
2.5. Land use planning indicators for the 5-year period 2011 - 2015). The remaining indicators are shown in the land use plans of lower levels (province, district, commune) and are approved according to authority. The Government still approves the land use indicators submitted by the provincial People's Committee. The lower-level People's Committees, based on the allocation indicators of the higher level and the needs of the locality, develop their own land use planning to submit to the competent authority for approval.
On the other hand, due to the increasing demand for land for urban, industrial and infrastructure development, a large area of agricultural land, especially rice land, must be converted to meet the above purposes; along with the adverse impacts of climate change such as annual floods and droughts that are increasingly complex, increasing the risk of land degradation and limiting the ability to use land sustainably, the Land Use Plan to 2020 will focus on the following objectives: allocating rice land area to ensure national food security; protecting forest land area; reviewing and balancing land demand for industrial, urban and infrastructure development.
2.3.2. Some difficulties and problems in legal regulations
In the Report to the Politburo of the Central Party Executive Committee on the results of summarizing the implementation of the 2003 Land Law and the orientation for amending the Land Law [1], the Government Party Committee also summarized a number of shortcomings in land use planning and planning:
"… Currently, the role and position of land use planning have not been fully and uniformly recognized, leading to limited coordination between sectors and levels. Forecasting land use demand for investment projects to include in local land use planning and plans has not been scientifically calculated, and is not close to the socio-economic development strategy and the needs of the real estate market.
The effectiveness of land use planning and plans is still low because land use planning and plans are not the sole basis for deciding on land allocation, land lease, and land use conversion, but are also based on many other types of planning; while planning of sectors often goes beyond the framework of land use planning. Land management according to planning and plans has not really become a mandatory requirement for agencies and organizations and has not become the awareness of managers. On the other hand, the content of land use planning and plans is not linked to the responsibilities of each level, not meeting the requirements of state management of land; provincial land use planning and plans approved by the Government have not met the requirements of time and synchronization in the implementation of land use planning and plans at the local level. Land use planning by administrative unit does not ensure inter-regional connectivity, does not promote the strengths of each region, and there is a situation where each locality, for local interests and the goal of developing its local economy at all costs, has proposed plans that lack uniformity and do not consider the common interests and harmonious development of the entire region. Land use planning has not implemented spatial functional zoning of land use, but only focuses on the allocation of land type indicators, and has not paid attention to the distribution of those land types at locations and places on the map and in the field; the implementation of public announcement of land use planning and plans in many localities is still a formality, leading to limited inspection and supervision of the implementation of land use planning.
The above problems are due to difficulties in regulations and law enforcement, specifically as follows:
Firstly, the regulations on the time of planning and planning implementation are not consistent with the time of announcing the country's socio-economic development strategy and the socio-economic development plan of each locality, while the principle of land use planning is based on the economic development strategy and the overall socio-economic development plan, causing a "gap" in planning as in the recent past.
Second, Article 21 of the 2003 Land Law stipulates that land use planning and plans for each period must be decided and approved in the last year of the previous period.
This regulation is difficult to ensure in practice due to lack of resources to implement synchronously at all levels in the same year. Furthermore, according to the planning principle, lower-level land use planning must be based on higher-level land use planning, so feasibility is not high.
Third, Clause 1, Article 23 of the 2003 Land Law provides general regulations on the content, planning targets, and land use plans at all levels, but does not reflect the macro nature and orientation of the higher-level planning and the detailed and specific nature of the lower-level planning: regulations on land use planning at the higher level must reflect the land use needs of the lower level, making the planning content at the macro level too detailed, overlapping the planning content between levels, while there is not enough basis for control and supervision over the lower-level planning; regulations on land use planning content are not specific while the land use plan needs to detail the land use planning as the basis for land allocation, land lease, and annual land use purpose conversion of localities.
Land use planning must be carried out simultaneously with the overall socio-economic development planning and there must be close coordination between relevant sectors to improve the quality of planning schemes (Land use planning of the Ministry of Natural Resources and Environment, Agricultural planning of the Ministry of Agriculture and Rural Development and Construction planning of the Ministry of Construction).
Amend Clause 1, Article 31 of the 2003 Land Law in the direction that the sole basis for the State to decide on land allocation, land lease, and permission to change land use purposes is land use planning and plans.
Fourth, the current planning is mainly for agricultural land use allocation; the agricultural land use planning scheme has not been delineated on the map and implemented in the field, thus causing difficulties in implementing land allocation, land lease, and agricultural land use conversion in the field as well as monitoring the implementation of the planning.
Land use planning must be revised to delineate agricultural land areas that need strict protection, with sanctions to prohibit the conversion of land use from rice cultivation to non-agricultural purposes in localities with conditions to use other types of land.
Accordingly, the Government needs to direct the strengthening of review to strictly manage the planning and use of agricultural land, including land for wet rice cultivation; especially for localities where production land quotas are still in place.
agricultural land and rice land are lower than the targets approved by the Government. Convert crop structure, complete infrastructure system to improve land use efficiency for areas designated to protect rice land. Develop financial support mechanism to ensure life for rice farmers to confidently invest, intensify and stabilize production for the goal of national food security.
Reasonable adjustment of agricultural land use structure: exploit and economically use agricultural land fund, invest in land reclamation and restoration to increase land area for agricultural use; scientifically and reasonably convert land use purposes between agricultural land, basic construction land and residential land; reasonably convert agricultural land towards efficiency and sustainability; improve soil fertility, promote intensive farming and create uniformity in productivity across the entire cultivated land area; protect soil environment, use stably, long-term and sustainably, apply measures to prevent soil degradation and pollution.
Review and re-plan the overall planning of industrial parks, economic zones, and urban areas to suit reality; limit the arrangement of industrial parks, industrial clusters, and urban areas in agricultural land areas that need to be protected.
Strengthen inspection of management and implementation of planning and land use plans of localities, especially key provinces in food production, provinces building many industrial parks, clusters, economic zones, golf courses and urban areas.
The problem considered the weakest in the current planning and implementation work is the organization and supervision of the implementation of land use planning by authorities at all levels. The 2003 Land Law stipulates the responsibility for organizing the implementation of land use planning and plans, but lacks strong enough sanctions to handle violations; there are no specific regulations on the organization and supervision of land use planning and plans. Many localities only focus on planning work but not on the management and implementation of putting planning into practice. This is the reason for land allocation, land lease, and conversion of agricultural land use purposes not according to planning or following the needs of investors. Some localities have not properly and fully implemented the process of planning and land use planning; the implementation of public announcement of land use planning and plans approved by competent state agencies in many localities
not yet implemented or implemented in a formal manner, with low efficiency.
Besides, most localities have not yet formed any organization.
specialized agencies to carry out agricultural land use planning; this work is mostly carried out by state management staff on land use planning at all levels or must be outsourced; most of them are unprofessional, weak in qualifications and experience compared to the requirements of the task. To overcome this situation, the Ministry of Natural Resources and Environment is drafting a Decision of the Prime Minister regulating the conditions for operation and registration of planning and land use planning consultancy activities.
In summary, agricultural land use planning has been widely and synchronously implemented at all levels; land for agricultural production has been reasonably demarcated, rice land has been protected, ensuring the goal of providing enough food domestically, having strategic reserves and exporting. However, the planning and planning work has mainly stopped at solving and arranging land funds according to land use purposes; it has not really fully calculated the goal of achieving economic, social and environmental efficiency. Most sectors and fields have developed their own development strategies; the agricultural sector has developed the agricultural development strategy to 2020, the national master plan for rice land use to 2020, with a vision to 2030... but the work of forecasting land use demand of sectors and fields still has many limitations, not close to the actual situation, leading to the situation of having to adjust land use planning indicators after approval. Through analyzing the current status of planning and agricultural land use plans and some shortcomings in legal regulations and implementation; it can be seen that it is necessary to improve the quality of agricultural land planning, including land specializing in wet rice cultivation in each locality that needs to be strictly protected (marking in the field) .
2.4. Regulations on land allocation, land lease, and permission to change the purpose of agricultural land use
2.4.1. Implementation status
Regulations on land allocation, land lease, and permission to change the purpose of agricultural land use are a synthesis of closely related legal acts of competent State agencies in the reasonable division and re-division of agricultural land funds for the benefit of the State and all organizations and individuals using land. The 2003 Land Law from Article 31 to Article 37 has quite specific provisions on the basis, cases of land allocation, land lease, and change of land use purpose; authority to allocate land, land lease, and permission to change the purpose of land use.
* On land allocation and lease of agricultural land
Depending on the subjects to whom the State allocates land, agricultural land leases are applied, different forms of land allocation and land leases are applied: land allocation without land use fees, land allocation with land use fees, land lease with annual fees and land lease with one-time fees for the entire land use period. Along with regulations on land use forms, the 2003 Land Law allows land users to choose the form of land use suitable to their capacity and land use needs. Land allocation, agricultural land lease, and land use purpose conversion must be consistent with local land use planning and plans approved by competent state agencies and based on the land use needs of the land grantee and land leaser. According to the results of the summary of the implementation of the 2003 Land Law and the direction of amendment
According to the Land Law [1], land allocation and land lease are basically consistent with the approved land use planning and plans and the process of transforming investment and labor structures and ensuring national defense and security; the procedures for land allocation and land lease for agriculture have been implemented in accordance with regulations. The total land area allocated by the State to users is 24,996 thousand hectares, accounting for 75.53% of the total natural area of the country (statistical data in 2010); specifically as follows:
Households and individuals are using 14,878 thousand hectares, accounting for 59.52% of the total assigned area, of which the agricultural land area is 13,915 thousand hectares, accounting for 93.53% of the agricultural land area that the State has assigned to users.
Foreign organizations and individuals are allowed to lease and use 56 thousand hectares (only 0.22%), of which 30 thousand hectares are agricultural land (53.57%).
The residential community was assigned 325 thousand hectares (1.30%), of which agricultural land was 274 thousand hectares (1.10%).
In the policy of land allocation and lease of agricultural land, the regulation on the duration and area limit of agricultural land use is considered a key issue. To develop the economy, it is necessary to expand the duration and area limit of land use; to ensure social equity, it is necessary to narrow the duration and area limit of land use. Therefore, the issue of duration and area limit of agricultural land use needs to be considered and decided appropriately in each stage of economic development.
According to the provisions of the 2003 Land Law and Resolution No. 1126/2007/NQ-UBTVQH11 dated June 21, 2007 of the Standing Committee of the National Assembly regulating the limit on receiving the transfer of agricultural land use rights of households and individuals.
For agricultural purposes [42], the duration and area limits of agricultural land use are prescribed as follows:
Regarding land allocation and lease terms: for agricultural land for annual crop production, it is 20 years; for agricultural land for perennial crop production and forest production, it is 50 years; for non-agricultural production and business land, it is approved according to the project; for residential land for households and individuals, it is stable and long-term.
Regarding land allocation and lease limits: for agricultural production land for annual crops, it is no more than 3 hectares; agricultural production land for perennial crops is no more than 10 hectares for the plains and no more than 30 hectares for the midlands and mountainous areas; forest land is no more than 30 hectares; non-agricultural production and business land is approved according to the investment project; residential land is according to the limit prescribed by the Provincial People's Committee.
The 2003 Land Law has some changes in land use limits for agricultural land, other regulations on area limits and land use time limits remain unchanged compared to the 1993 Land Law. The agricultural land use limit stipulated in the 1993 Land Law was changed to the limit of land allocated by the State and a new limit was stipulated, which is the limit of land use right transfer as prescribed by the National Assembly Standing Committee for each appropriate period. In 2007, the National Assembly Standing Committee decided that the limit of land use right transfer is higher than the limit assigned by the State.
According to the spirit of the Resolution of the 7th Central Conference of the 9th tenure and the provisions of the Land Law, the term of agricultural land allocation for annual crop cultivation will continue to be 20 years. Thus, by 2013, the 20-year land allocation term will end. However, some problems have arisen, including some commercial banks not accepting mortgages when the remaining land use term is too short, and some localities are forcing people to accept transfers at low prices. On the other hand, in the next two years, many problems will arise in terms of management as well as for land users.
The current regulations on agricultural land use term do not encourage farmers to confidently invest in agricultural production. This is also the main reason why many farmers keep their land waiting for compensation when the land allocation term is about to expire. During the process of summarizing and amending the 2003 Land Law, there were many opinions suggesting to consider removing the term and limit for receiving the transfer of land use rights.