b. The origin of land use and housing is complicated, most of them do not have original documents (accounting for 60% - 80% of the total number of registered households). The situation of hand-to-hand buying and selling from many years ago makes the process of approving and granting certificates difficult.
c. Due to the lack of detailed land use planning for the ward level, as well as the policy of the higher level, there is a lack of basis for approving land use right certificates for cases without land use origin documents and cases of land law violations. Therefore, if these cases want to have a "red book", they often lobby, creating conditions for officials to harass, collect money illegally, causing confusion and loss of trust in state agencies. In particular, there are cases of taking advantage of the difficulties of households who need to do it quickly or lack the necessary documents for granting land use right certificates to receive bribes of tens of millions of dong, which have been discovered by the police [70].
d. The authority to handle procedures for granting land use right certificates involves many sectors (land administration, planning architecture, finance) and is implemented at many levels (wards, districts). The approval procedure is lengthy, the registration application must be prepared in large volumes, making it difficult to reform administrative procedures. Not all people can understand and respond and control the current status of their application.
e. Financial regulations for land users still have many shortcomings, many overlapping fees (payment of land use fees, transfer tax, land registration fees, land administration fees) leading to a rather large collection level. Previously, this amount was considered insignificant. But since applying the new land price according to the 2003 Land Law, the amount to be paid has increased from 8 to 15 times compared to the old level, so many households are unable to pay to get land use right certificates. Some households who do not have the need to transact real estate also hesitate to come to receive the "red book", according to the most recent data, Hoang Mai district has a backlog of 10,000 "red books", Thanh Tri district has 3,000 cases, Tay Ho has 1,500 cases... and the whole city of Hanoi has a backlog.
63,000 land use right certificates have not been received yet [72].
g. Thus, there is a situation where those who need it have not been granted it, while those who are granted it do not need it. In this field, there is a situation where many people lack documents, and are currently living in land locations that are not "secured" such as: encroachment, planning, hand-to-hand trading... needing to be granted a land use right certificate but have not been granted it, while many people who are eligible for a land use right certificate do not need it. To resolve this paradox, the State needs to have appropriate policies, creating a meeting between the needs of management and land use, possibly reviewing the fee level or having measures to record fee debts for cases of legal land. In addition, it is necessary to propagate and educate people about their responsibilities in land use, it is necessary to create practical benefits from the land use right certificate as well as sanctions to handle cases of non-implementation.
h. Tay Ho District as well as other inner-city districts with agricultural land such as Hoang Mai, Long Bien, according to the city's policy, due to fluctuations and rapid conversion from agricultural land to urban land, land use right certificates are not issued to users. This situation has lasted for many years and will continue, causing psychological instability for people working in agriculture. The phenomenon of not investing, leaving land fallow, buying and selling, changing the purpose of land use, and illegally converting to residential land has caused many frustrations in social life. If the city and district do not have research to innovate appropriate management measures, it will cause serious consequences.
2. Land registration: Tay Ho district established a land use rights registration office at the end of 2005. According to the report of the district's Department of Natural Resources and Environment in 2006, there were over 800 cases of land use rights registration at the office. The 2003 Land Law stipulates detailed strict time frames for registering transactions. To comply with these strict time frames, a number of changes are required, including: (i) improving land administration infrastructure; (ii) strengthening capacity, especially at the ward level; (iii)
(iv) increase public awareness of the law and procedures; (v) have a clear commitment on registration time and costs; and (v) reasonable tax, fee and charge levels. These contents are currently not adequately concerned by Tay Ho authorities, and require a certain amount of time to change. For now, the district can only carry out propaganda and improve the capacity of the ward level, while for the completion of the land infrastructure, there must be approved funding sources and the tax, fee and charge levels are not under the district's authority but depend on the norms prescribed by the Ministry of Finance.
2.3.3.4. Land financial management
CQQ mainly implements land revenue sources according to the regulations of the city and the State. Capital sources used to finance the development of housing land in Tay Ho district include: (i) capital from the State budget; (ii) capital from development support funds; (iii) capital from credit institutions; (iv) other capital sources. Regarding the source from the State budget, from 2002 to the end of 2006, the district invested: 1,135 billion VND in new construction, renovation, upgrading of urban infrastructure works and public welfare works contributing to changing the urban landscape. The management board of the technical infrastructure construction project around West Lake under the district invested over 493 billion VND, up to now organizing the construction of 14.5/18.8 km of embankment (reaching over 70%) and 10.8/18.4 km of road (reaching over 60%). CQQ also invested in building 1,300 resettlement apartments with a total capital of 650 billion VND and mobilized public labor to raise 2.6 billion VND to renovate and build 174 infrastructure works directly serving the lives of people in the wards. CQQ has coordinated with the National Employment Support Fund to lend capital to people to stabilize production and create jobs with a capital of 20 billion VND; For other capital sources, from 2003 to present, the district has directed land use rights auction projects with a revenue of 1,784 billion VND, creating capital to build technical infrastructure and develop the economy [55]. However, this work also encountered difficulties due to Decision
137/QD-UB dated September 9, 2005 of the Hanoi People's Committee stipulates that money can only be collected according to the progress of infrastructure completion of the auctioned land. This is one of the "excuses" that the winning enterprises have thoroughly exploited in order to prolong the time for payment of land use fees. In Tay Ho District, from 2004 to present, the total amount of outstanding debt of enterprises has reached nearly 611 billion VND, accounting for about 34% of the amount to be collected. In the coming time, the city needs to adjust this unreasonable regulation.
The results of the investigation of some issues related to land in Tay Ho district show that: Regarding land acquisition and compensation, the households and land users answered the question: "The current compensation regime when the State acquires land is reasonable" at 3.46 and the enterprises answered the same question at 3.0. This means that the current compensation regime is considered unreasonable (reasonable: 4.0). Regarding tax, fee and charge revenues, compared to people's income, they are not really reasonable because the current collection level is high. This is also shown in the answers of the households and land users to the question: "The current land use right transfer tax rate of 4% is reasonable" at 3.22 and the question: "The registration fee and other fees are reasonable" at 3.27; For enterprises, the answer to the question: "Are the registration fees and other fees reasonable?" is: 4.06. This also partly explains why many households and workers do not want to pay the fees as analyzed in the above section. The State needs to adjust taxes and fees reasonably, such as: land areas suitable for the usage limit should be collected at a level suitable for the average income of the people, areas exceeding the limit, left fallow, should apply a collection coefficient to limit land speculation as well as ensure fairness in land use.
District land financial management is also the implementation of land revenues as prescribed by law. In general, the district performs this work quite well in cases of stable residential land and land managed and used by organizations. For land types that have not been granted land use right certificates or bought and sold
Hand-to-hand transactions without procedures at administrative agencies currently have no management measures. The district currently has no statistics on how many cases of illegal sales. This causes loss of revenue for the district budget. To grasp and manage, it is necessary to conduct large-scale inspections, with the participation of local police, management of household registration and temporary residence. In addition, there are some violations of land use in land management, but administrative sanctions are difficult because the authorities do not have specialized inspection forces, and the wards are also lax in management. This is shown in the report on the implementation of socio-economic and national security indicators of the authorities on November 25, 2006, the district budget collection results do not include revenue from administrative sanctions, as detailed in (Table 2.12).
Table 2.12. State budget revenue from land of district government
Unit: million VND
Revenue
2004 | 2005 | 2006 | 2007 | Compare % | |||
(1) | (2) | (3) | (4) | 3/1 | 3/2 | 4/3 | |
Fees, charges | 1,395 | 1,100 | 1,100 | 1,000 | 78.9 | 100 | 90.9 |
Land use right transfer tax | 225 | 250 | 957 | 1,000 | 425 | 382.8 | 104.5 |
Agricultural land tax | 36.5 | 18 | - | - | - | - | |
Land use fee | 4,013.5 | 1,500 | 9,275 | 8,400 | 230.6 | 617.1 | 90.7 |
Real estate tax | 3,223.5 | 3,200 | 3,800 | 3,870 | 117.9 | 118.8 | 101.8 |
Land rent | 5.137 | 3,500 | 1,200 | 4,000 | 233.6 | 342.9 | 33.3 |
Registration fee | 5,920 | 1,500 | 7,309 | 3,000 | 123.5 | 487.3 | 41.0 |
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Source: Tay Ho District People's Committee
2.3.3.5. Real estate market development management and land information
The role of the district is to carry out procedures related to the process of buying and selling land, creating convenience for land goods and benefits related to land. In recent years, the land market has been less active and has been "frozen". However, the real estate market is still difficult to grasp and is beyond the management of the authorities. Land transactions are mainly underground transactions between parties with buying and selling needs. Information about land is mainly from land brokerage centers, which are often ineffective and unreliable, and are not strictly managed by authorities at all levels. According to statistics from the economic department, the whole district currently has over 60 enterprises participating in real estate activities, and 50 real estate brokerage centers and over 2,000 households with houses for foreigners to rent in the district. The largest real estate business enterprise is the Nam Thang Long urban project (Ciputra), with an investment capital of 2.1 billion USD. The license was granted in 1996, but the project of this enterprise was not implemented until 2001 due to financial difficulties. However, in early 2001, there was a "land fever", so all the apartments in phase I of the project were sold out. Phase II was sold more slowly in late 2004 when the market tended to "freeze". Recently, due to the State's policy, the number of Vietnamese people living abroad buying real estate in the district has also increased sharply.
The authorities are responsible for inspecting the implementation of the Land Law, not interfering in the business activities as well as the selling prices of real estate businesses located in the area. For the 50 real estate brokerage centers licensed by the authorities. These centers operate on a small scale, mainly as brokers who take a percentage of the money to introduce real estate purchases to households and individuals in need. The licensing of practice does not have binding regulations on qualifications and responsibilities for those participating in real estate brokerage, as well as assistance by providing information, policies, and training support.
create, statistical reporting regime on prices or number of transactions. Therefore, the content and reliability of information on planning, advice on administrative procedures, transaction contracts, prices provided by these centers are often unreliable and difficult to manage.
In fact, there are currently difficulties when people want to access land information, for the following reasons: (i) the detailed district planning at a scale of 1/2000 is not specific, currently the wards are no longer publicly posted in the ward, the detailed planning of the ward at a scale of 1/500 has not been implemented; (ii) land records are managed manually, mainly keeping paper documents, so searching takes a lot of time and is easily lost, so information related to land plots, disputes, mortgages, and pledges is difficult to determine, not to mention many land areas currently do not have documents and are only shown on inventory data in the ward and district registers. The survey results show that the answer to the question: "Land information and detailed land use planning of the district are currently public and easily accessible" for households and land users is: 3.01, for enterprises is: 3.81 (not doing real estate business is 3.44 and doing real estate business is 4.13). This is also one of the reasons why the real estate market situation in Tay Ho as well as many other localities cannot be grasped and managed.
2.3.3.6. Technical and professional land work
In order to provide the land management with accurate databases to be able to plan development programs and daily management contents. This is a very important content. For the district level, it is measuring and drawing land use maps, updating land changes, keeping land records... For this work, the authorities use documents from previous years, updating land change information by manual methods, which is gradually being replaced by machines and modern equipment. Tay Ho district has connected to the internal network (LANWORK), built a website but the content is poor, the information is not managed and updated, the land measurement data has not been encoded for management according to
modern method. However, to complete it, there needs to be a synchronous development of the land management system of the city and the country. The development of information technology now allows the construction of a unified national database system. The land database system is part of the national database system on the information technology platform, which will create a complete and unified geographic database. The national database system provides basic survey information on terrain and land resources for economic activities of sectors and localities; creates tools to implement state management of territorial administration such as borders, administrative boundaries at all levels, land plots and environmental resources, socio-economic development planning; meets the general information needs of people about land and the needs of social development to improve people's knowledge. This work is currently being researched and implemented by the Ministry of Natural Resources and Environment.
2.3.3.7. Inspection and examination of law enforcement and settlement of complaints and denunciations in land management and use
Inspection and examination of compliance with land laws by management officials and land users also receive attention from the authorities. During the 5-year period, the number of district and ward officials who violated discipline and had to be handled was quite large, 43 party members were disciplined in the field of land management and construction order (24 reprimands, 17 warnings, 01 dismissal, 01 expulsion from the party, including district committee members: 2, deputy party secretaries: 4, party cell committees: 6, party members: 31) [54]. These numbers also partly show the complexity of state management of land in urban areas. Tay Ho district as well as the district level in general, land inspection and examination often encounter difficulties such as: The 2003 Land Law assigns responsibility to the chairmen of the district and ward People's Committees to organize inspections and examinations of land management in the area. If this regulation is not closely monitored by all levels, organizations and people, it can lead to a situation of both "playing football" and "blowing the whistle". To avoid this situation, it is necessary to strengthen the inspection of the city, the Ministry of Natural Resources and Environment and socio-political organizations and people. Currently, according to the decentralization