State management of compensation, support and resettlement when the State acquires land in Buon Ho town, Dak Lak province

People received compensation, handed over the land and had no complaints or denunciations.

During the implementation process, the involvement of the prosecution agencies, courts, and lawyers' associations plays a very important role. These are agencies that protect the law, the rights and interests of the State, investors, and people whose land is recovered. The active involvement of these agencies helps the organizers, investors, and people whose land is recovered feel more secure and cautious when handling work according to the functions, rights, and obligations of each entity.

3.2.5. Training and improving the ethics of civil servants for land management officers and officers directly carrying out compensation, support and resettlement work for people whose land is recovered in the area.

Compensation, support and resettlement when the State acquires land is a comprehensive task, so the staff doing this work must be selected based on their professional expertise and practical experience. For staff working on land and construction, those who have at least 5 years of practical experience, good moral qualities and strong political will should be selected. Along with the selection of staff with professional qualifications and good moral qualities, it is necessary to strengthen training and coaching to provide knowledge to the team of people doing compensation work, helping them update their knowledge. At the same time, through training, they also have the opportunity to exchange and learn from each other's experiences. The training process focuses on testing awareness by testing both theory and the ability to handle specific situations. This process is conducted periodically, once a quarter.

Emulation and reward work is conducted once a year to encourage and reward localities and individuals with outstanding achievements in compensation work, thereby reminding units and localities that have not performed well.

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3.2.6. Amending and supplementing management documents and procedures related to compensation, support and resettlement when the State acquires land in Buon Ho town, Dak Lak province

In reality, the current land law and laws related to compensation, support and resettlement when the state recovers land are still inconsistent, overlapping and contradictory, leading to difficulties in application. State management of compensation, support and resettlement when the state recovers land is still limited and inadequate. Legal regulations on handling complaints, denunciations and disputes on compensation, support and resettlement when the state recovers land have not met the requirements, leading to many cases having to be resolved at many levels and taking a long time. Administrative procedures on land are still cumbersome... Therefore, the system of policies and laws on compensation, support and resettlement when the state recovers land of the whole country in general and of Buon Ho town in particular must first be amended, supplemented and perfected in a direction that must be consistent with the viewpoints, platforms and strategies for economic and social development of the Party; ensuring political and social stability; consistent with the policy of promoting industrialization and modernization of the country, developing a socialist-oriented market economy and international integration.

Firstly , continue to affirm that land belongs to the entire people, with the State representing the owner and uniformly managing it. The State does not recognize the reclaiming of land allocated to organizations, households, and individuals in the process of implementing land policies. There is no question of readjusting agricultural land allocated to households and individuals.

Second, regulate the exploitation, rational, effective and economical use of land resources. Issue regulations to strictly control the conversion of agricultural land, especially land for industrial crops and residential land, to other uses to ensure food security and protect the ecological environment.

Third , issue mechanisms and policies to ensure the harmony of interests of the state, land users and investors. Develop mechanisms and have solutions to make land a resource for the development of the country in general and of Buon Ho town in particular. At the same time, effectively use tools on prices and taxes in land management to overcome waste and corruption.

Fourth , ensure consistency and synchronization between the provisions of land law and related laws, uphold the principle of legality and strictness of land law, and limit regulations that legalize violations. Enhance the responsibility and obligations of the people towards

land management and use

Fifth , because the current compensation price for land and property is still low (especially for residential land, agricultural land, property, and housing), it is necessary to adjust it to suit the reality so that people whose land is recovered will suffer less; Increase the level of vocational training support for households whose land is recovered and specific policies for each laborer in a household, especially households whose agricultural land is recovered (because agricultural land is an indispensable means of production for farmers). For families whose agricultural land is recovered, in addition to material support, there should be policies on vocational training and labor restructuring. If this can be done, the lives of people whose land is recovered will be stable and their income will be guaranteed before and after the land is recovered.

Sixth , in addition to compensation and support according to regulations, it is necessary to study policies to create jobs for people to stabilize their lives after their land is recovered. This is a problem that authorities at all levels have to face for each land recovery project. Doing so will create stable and sustainable development. It is necessary to develop many specific support plans, collect opinions from people in the area of land recovery to have the most suitable support plan and gain the people's consent. However, a project can use many support plans if it has a high rate of people's approval and is in accordance with the provisions of law.

Seventh, it is necessary to strictly follow state regulations on building resettlement areas with synchronous and complete infrastructure before handing over to households whose land has been recovered.

Eighth, build a complete system of policies related to land acquisition, compensation, site clearance and resettlement with long-term stability. Avoid the situation where there are many overlapping documents in the same land acquisition project, which greatly affects the progress of land acquisition, site clearance, and the psychology of investors and people whose land is acquired.

3.2.7. Prepare adequate material resources for compensation and support.

Support and resettlement when the state reclaims land in Buon Ho town, Dak Lak province

In fact, in recent years, the country in general and Buôn Ma Thuột town in particular have...

Ho said that the implementation of investment in the construction of resettlement areas in localities is still slow and the land fund for resettlement arrangement is still lacking, localities do not have land to serve resettlement commensurate with the land acquisition plan to implement projects, resettlement for households whose land has been acquired is still patchy and passive. Support for life, living and production for people who have been arranged to live and produce in resettlement areas and points is also very limited, the new places of residence in resettlement areas often have lower economic and social infrastructure conditions than before, the life and production of households in resettlement areas do not have enough conditions to stabilize and still face many difficulties.

Regarding financial resources for land fund development, the housing fund for resettlement can be understood in a broad sense, including: the land fund built to serve resettlement and the capital and funding allocated to develop resettlement areas, points and houses to serve land acquisition for project implementation and support for stabilizing life and production for households in resettlement areas. Through the actual implementation in localities and projects, the current status of financial resources for land fund development for resettlement can be summarized as follows:

Firstly , regarding the existing housing and land fund for resettlement, it can be said that almost all localities do not have available housing and land assets to serve resettlement, and surplus land funds and unused land in localities are almost non-existent, and surplus state-owned houses in localities are even more non-existent; to have housing and land funds for resettlement, localities must carry out land recovery and must use financial resources in cash to level the ground, build infrastructure or invest in building houses, buy back houses from economic organizations; however, this form can only be implemented in localities with relatively large budget revenue, the Provincial People's Committee decides to allocate capital from the local budget to create and invest in the construction of resettlement areas and resettlement points to serve the resettlement arrangement by land or houses for people whose land is recovered to implement projects.

Second , for financial resources in the form of capital, the budget is arranged to create a housing fund, land for resettlement for households whose land is recovered by projects and to support the stabilization of life and production in resettlement areas. With

The above situation shows that financial resources for developing land funds for resettlement are currently very limited; the identification of the organization responsible for providing financial resources for developing land funds and housing for resettlement is the center for developing the Buon Ho town development fund. Methods of mobilizing existing and potential financial resources for resettlement have not been fully exploited by localities; the way of using financial resources for resettlement in the implementation organization is still limited and the use of financial resources for resettlement according to regulations is not really complete. To improve the above situation, to remove obstacles regarding financial resources for developing land funds for resettlement, it is necessary to implement many synchronous solutions and measures, specifically:

Third , it is necessary to speed up the progress of capital provision; advance capital and borrow capital from the Dak Lak Provincial Investment Fund for the Buon Ho Town Land Fund Development Center to develop resettlement areas to serve the land acquisition for project implementation.

Fourth , localities need to be more active and pay more attention to using existing financial resources or those that can be used locally to increase capital sources for resettlement of land acquisition projects in the area according to prescribed policies and regimes:

Provincial People's Committees, based on their authority and actual conditions in the locality, proactively decide to use a number of state budget revenues such as: Compensation for infrastructure damage in areas where land is recovered, paid by organizations and individuals who are allocated or leased land; revenue from using land funds to create capital for infrastructure construction; capital for basic construction investment in the local budget has been balanced and mobilized support from investors who are allocated or leased recovered land to implement the project. Implementing this solution according to current policies and regulations will remove obstacles in a short time, actively paying attention to direction and proactively implementing to ensure achieving results.

Fifth , apply more diverse methods of mobilizing financial resources of economic organizations to provide capital for investment in the construction of resettlement areas, resettlement points, and construction of apartment buildings to serve resettlement:

Currently, in the policy on compensation, support and resettlement when the state acquires land in Decree No. 197/2004/ND-CP dated December 3, 2004 and Decree No.

69/2009/ND-CP dated August 13, 2009 of the Government, stipulates that when the State recovers land from a person currently using it for a purpose, compensation will be provided by allocating new land with the same purpose of use. If there is no land for compensation, compensation will be provided by the value of land use rights calculated according to the land price at the time of the decision to recover the land; in case of compensation by allocating new land or resettlement land or resettlement housing, if there is a difference in value, the difference will be paid in cash according to the following provisions: In case the compensation and support amount is greater than the land use fee or the price to buy a house in the resettlement area, the resettled person will receive the difference; In case the compensation and support amount is less than the land use fee or the house purchase price for resettlement, the resettled person must pay the difference, except in cases where the household or individual receives land or house for resettlement and the compensation and support amount is less than the value of a minimum resettlement quota, they will be supported with that difference; in case they do not receive land or house in the resettlement area, they will receive money equivalent to that difference (in essence, financial resettlement is compensation in the form of land or house). According to these regulations, almost all of the investment money for building resettlement areas, resettlement points or buying houses for resettlement by land or house has been paid by households whose land has been recovered by paying land use fees and house prices when they are resettled. Thus, the capital provided by the local budget or project owner for investment in the construction of resettlement areas, resettlement points or purchase of houses for resettlement is only advanced capital and will be recovered after resettlement arrangements have been made for households whose land has been recovered; Therefore, only a certain amount of local capital can be rotated to serve the investment in the construction of resettlement areas, resettlement points or the purchase of houses for resettlement for many projects and in the condition that the capital source of the local budget, the capital source of the investor assigned to recover land to implement the project is still limited or unable to provide capital for investment in the construction of resettlement areas, resettlement points or the purchase of houses for resettlement, localities can, through the method of signing contracts, borrowing capital or conditional mobilization, etc., mobilize capital from economic organizations to supply for investment in the construction of resettlement areas, resettlement points, construction of apartment buildings for resettlement, or purchase of houses that have been invested in and built by economic organizations to implement resettlement arrangements and after arranging resettlement for households, will collect repayment money. Implementing in this direction

will basically solve the problem of financial resources to provide capital for the creation of housing and land funds for resettlement, but requires localities, project owners to actively invest and competent agencies and levels to support and agree to allow implementation.

Sixth , strengthen and complete legal regulations and provide more complete guidance than existing regulations in policies and regimes on financial resources for land fund development for resettlement when the state reclaims land:

According to current regulations, Land Fund Development Organizations are allowed to borrow capital from credit institutions; joint ventures and associations to implement programs, plans, projects and proposals approved by competent authorities. However, there are currently no specific instructions on the form of loans from credit institutions; joint ventures and associations to implement projects; thus, there are limited financial resources for land fund development for resettlement.

3.3. Recommendations

Compensation, support and resettlement are to return the value of the land when it is recovered, and at the same time support and help people whose land is recovered to have a stable life, ensuring equal or better. This work plays an important role in the local socio-economy. Speeding up the compensation and site clearance process will contribute to accelerating the industrialization and modernization process in the locality. However, policies related to compensation, support and resettlement when the State recovers land. Since 2016, the Government has had many policies on compensation and support when the State recovers land. The Decisions and documents of the People's Committee issued later will supplement the shortcomings of the Decisions and documents of the People's Committee issued earlier, but there are still some shortcomings in terms of price, support... that are not really satisfactory to the people, especially the people whose land is recovered, specifically:

Regarding the steps to develop a compensation and support plan: Each locality does it differently, there is no consensus across the province. A model plan for compensation and support has not been issued for districts, towns, cities, and provinces to implement.

Regarding compensation and support policies: Compensation and support prices are still low, inappropriate and have not been adjusted promptly when the market has many price fluctuations. Compensation and support policies have been applied by the province, but there are still some shortcomings such as: Regulations on intercropping are not technically correct.

will not be compensated, people do not agree and request compensation, support, the rate of people requesting compensation, support accounts for 94.5%. Support for stabilizing life and stabilizing production has not met the actual situation. The time to consider and resolve support for people whose land is recovered is still slow, so the implementation time is prolonged.

Regarding capital: There are still some large, key projects that, due to lack of capital, have made compensation and site clearance work slow and prolonged, affecting people's lives.

Regarding complaints and lawsuits: People's complaints and lawsuits about compensation, support, and resettlement are increasing. More seriously, the number of complaints and lawsuits involving large crowds and prolonged periods of time is increasing, causing insecurity and disorder in the province.

Regarding organization and human resources: The people working in the organization of the Town Land Fund Development Center do not have much experience in the field of compensation, support and resettlement. The coordination between the units implementing compensation and site clearance with each other and with the People's Committees at all levels and related Departments and branches is not close.

To thoroughly resolve the existing problems and effectively implement state management solutions on compensation, support and resettlement when the State acquires land in Buon Ho town, I would like to recommend to the People's Committee of Dak Lak province some specific contents as follows:

- Regarding land prices: Propose that the Provincial People's Committee adjust and supplement higher compensation and support prices for residential land and agricultural land recovered from households. If there is a large fluctuation in land, the compensation price must be multiplied by coefficients k, k + accordingly. Establish a land price map and land price database on the website of Dak Lak province.

In addition, it is necessary to apply land compensation at replacement cost instead of compensation and support at current market price. Accordingly, the Provincial People's Committee will hire an independent assessment unit to conduct a replacement cost survey. The replacement cost will be considered, approved and applied for compensation by the Provincial People's Committee.

- Regarding compensation prices for crops: Propose that the Provincial People's Committee adjust and supplement the prices of some crops such as pepper, jackfruit, mango... If there is a large fluctuation in the types of crops, the price coefficient must be multiplied accordingly. Add some types of crops to the list of compensation and support for crops. Apply compensation price

State management of compensation, support and resettlement when the State acquires land in Buon Ho town, Dak Lak province - 12

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