The State Management Role of District Government on Land

In the administrative area of the ward level, it is first of all under the management of the ward government. If we consider the district level, it is under the management of both the ward government and the State. Continuing like that, if we put it within the scope of the city and the country, this specific piece of land will continue to be under the management of the city government and the State.

From the above issues, the author proposes the concept: State management of land by the State authority is the coordination to effectively perform the assigned management tasks of the State authority with other units in the state management system of land as prescribed by law, in order to bring the most favorable environment for land users in exercising their rights and obligations to land, ensuring that land is used effectively for socio-economic development goals for people, community, society as well as protecting the sustainable living environment in the district.

1.1.2. The role of state management of land of district government

Along with the increasing population and urbanization, the demand for land for urban development (also known as urban land) is becoming increasingly important. Urban areas are the center of socio-economic development of a territory. To perform the role of State management of land, the State must ensure the following requirements:

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a. It is necessary to manage and use urban areas scientifically, in accordance with the functions and purposes according to the planning and land use plans approved by competent authorities. Units and individuals using urban areas must build infrastructure, comply with the planning and in accordance with the functions and tasks of the organization. To change the function, purpose of land use or the user, permission must be obtained from the competent authority. Urban land used for national defense and security purposes must be submitted to the Government for decision by the competent authorities. Urban land used for forestry and agricultural purposes must comply with regulations on environmental protection, urban aesthetics and be consistent with the planning.

b. Responsible for managing unused urban land. This management helps urban areas develop in accordance with the development orientation of districts and cities, ensuring harmony between regions and the country.

c. Urban management must go hand in hand with housing and urban construction management, ensuring the harmony of interests. These are the interests between individuals and collectives, community and social interests. Because every organization or individual needs land to live, work, travel, play and entertain... all these activities need a location to meet the needs.

d. It is necessary to decide on urban expansion at the right time, when the investment fund is not enough for the scale of socio-economic development. If urban expansion is limited, it will restrain urban development. If the decision to expand is made too early, it will cause waste in land management and use.

e. Create favorable conditions for enterprises to access and use IT effectively. IT is one of the factors that make up the input value for each product unit. The difference in land location and technical infrastructure directly affects the economic efficiency of enterprises. This is an important issue for improving the economic efficiency of enterprises in production and business, reducing costs and increasing the competitiveness of goods and services.

g. Urban management must go hand in hand with management and preservation of environmental landscapes, historical and cultural relics. Management aims to create a healthy urban space for the lives of urban residents, a beautiful image of the cultural, political, commercial, administrative, diplomatic development... of a region or country.

1.1.3. Principles of state management of land by district government

The principles of State management of land of the State include the following main principles:

a. Unified principle of state management: land is owned by the entire people, managed by the state, and the competent authority exercises the right to represent the owner and manage the state on land in the area as prescribed by law. State management

on land of the CQQ to implement the State's land allocation and lease to organizations, agencies, economic units, households and individuals (HGĐ & CN) for stable and long-term use. The State creates conditions for land users to maximize their rights to land. Because only then will land users feel secure and proactive in planning their lives to invest in production, as well as be conscious in using, avoiding the phenomenon of land exhaustion.

b. The principle of decentralization is associated with conditions to ensure the completion of tasks: central and local land administration agencies are responsible to the Government and the same-level government agencies in land management; the city government carries out land allocation, land lease as well as land recovery belonging to enterprises and organizations and is responsible for supporting, coordinating, and closely inspecting the implementation of tasks at the district level; the local government agency is responsible for inspecting, supervising, and supporting the ward government and exercising the right to allocate land, lease land, and recover land for households and individuals in the area.

c. Principle of democratic centralism: State management of land by the authorities must comply with the provisions of law and exercise the people's ownership rights to land, by creating conditions for people to participate in supervising the State management activities of the authorities directly or through the People's Council and socio-political organizations in the district.

d. Principle of combining sectoral management with local and territorial management: The State management agencies unify the State management of land according to administrative boundaries, which means that there is harmony between territorial management and specialized management, and even central agencies located in districts must be under the management of the State management agencies. The State management agencies are responsible for creating favorable conditions for the central agencies to operate, and at the same time have the right to supervise and inspect these agencies in the implementation of land laws, as well as other regulations of the State, and have the right to handle or recommend handling if there are violations.

d. Principle of inheritance and respect for history: State management of the State complies with the inheritance of the provisions of the previous State laws, as well as the historical nature of land management through revolutionary periods, affirmed by:

The State does not recognize the reclaiming of land that has been allocated according to State regulations for others to use in the process of implementing land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the Socialist Republic of Vietnam [38] .

This affirms the consistent stance of the State on land, however, historical issues and weaknesses in previous land management have also left many difficulties for current State management of land and need to be considered and resolved scientifically. The above principles of State management of land aim to ensure the following main principles:

The State shall uniformly manage all land according to planning and law, ensuring its proper and effective use. The State shall allocate land to organizations and individuals for stable and long-term use. Organizations and individuals shall be responsible for protecting, enriching, rationally exploiting, and economically using land, and shall be entitled to transfer the right to use land allocated by the State according to the provisions of law [38].

1.1.4. Purpose of state management of land of district government

We all know that, because the operation of the market has both positive and negative aspects, it is necessary to have management and intervention, and adjustment by the State with appropriate tools and policies to promote the positive aspects and limit the negative aspects of the market. Especially the urban land market, the most sensitive component in urban management. Even for countries considered to have developed free market economies, the role of State management in land allocation and use

is also very large. The State management of land by the competent authority aims to ensure the following three basic purposes: (i) ensuring effective land use; (ii) ensuring fairness in management and use; (iii) ensuring revenue for the district state budget.

1.1.3.1. Ensuring efficient land use

Land is a valuable resource, asset, special means of production..., non-renewable. Therefore, land needs to be used scientifically and economically, in order to bring the highest benefits both materially and spiritually to everyone, ensuring that land is used long-term according to the right purpose, planning, and approved land use plan. In addition, the intervention of the competent authority also aims to promote the positive and limit the negative. In reality, there are many cases of conflicts of interest, often called external effects, which the market itself cannot resolve. For example, a polluting industrial factory located in a residential area will have a negative impact on the community there. On the contrary, projects to build green parks bring social benefits, but are not attractive to investors, so they need to be supported by the government or have preferential policies. Or investing in construction on private land, but not complying with planning on height and construction density, brings benefits to individuals in terms of area but affects the general landscape of the area. The authorities have measures to intervene, forcing them to comply with planning regulations to protect the interests of the community.

The effectiveness of State management of land by the competent authority also aims to minimize the cost of input factors and increase the results achieved. This requires attention to the quality of daily work, ensuring that State management goals on land are implemented flexibly, creatively and clearly defining responsibilities for each organization and individual. The head of the competent authority must be the person directly responsible for the results of the implementation of assigned tasks.

1.1.3.2. Ensuring fairness in land management and use

State management policies aim to ensure a reasonable distribution of benefits and costs for different segments of the population. In principle, the State does not allow one population group to cause harm to another without being punished. The State's land policy should also have preferential policies for the poor and vulnerable groups such as women, children, and ethnic minorities. Land allocation is often affected by the law of the market economy to maximize profits, so State policies have the task of regulating interests to ensure fairness. In addition, the State's land policy aims to create conditions for all classes of people to have easy access to land use [46, p.124].

Fairness is demonstrated in the fact that the State ensures the rights of land users permitted by the State, everyone has the opportunity and equality before the law on land. The State, on behalf of the State, manages land and allocates land to households and workers in a long-term and stable manner, encourages them to exploit and use land effectively as well as handles violations. When it is necessary to reclaim land for socio-economic purposes, the State, on behalf of the State, implements appropriate compensation policies. The rights of people whose land is reclaimed are guaranteed to compensate for the losses for the common good, helping land users feel secure in investing in land development.

1.1.3.3. Ensure revenue for the district state budget

The State has policies to promote land capital, ensuring financial revenues from land for the budget. The State reasonably regulates budget revenues and expenditures, the added value of land due to planning, and revenues from investment obtained from land. The competent authorities are responsible for implementing revenues from land for the State budget, including:

 Land use fee: land allocation with land use fee collection; change of land use purpose from land allocated by the State without land use fee collection to land allocated by the State with land use fee collection; change from land lease to land allocation by the State with land use fee collection.

 Tax: is a revenue source according to the obligation prescribed by law, is the main source of revenue of the State budget that the district is entitled to collect and retain according to regulations: land use tax, because land brings benefits to landowners and investors. Tax policy must both ensure encouragement of land development and ensure revenue for the State. In addition, fees and charges are also significant revenues for the district budget.

 Other income from land: The State can generate income from leasing, contributing capital in land or directly participating in land investment and business to generate profits from land; revenues from the State creating added value on land due to infrastructure investment; revenues from sanctioning violations of land laws; compensation to the State for causing damage in land management and use.

1.1.5. State management tools on land of district government

The State as a management subject must use management tools, as a medium for transmitting management impacts on management objects and subjects. Thus: "Socio-economic management tools are tangible or intangible means that the State (or more broadly, society) uses to impact socio-economic subjects to achieve its intentions and goals" [53, p. 9]. The State's socio-economic management tools are a very large and very complex system, with main tools such as: laws, plans, schemes, programs, policies, apparatus organization... State management of land by the State also uses these tools, the following thesis will introduce 5 main tools such as: (i) land laws; (ii) State management apparatus of the State;

(iii) traditional culture; (iv) urban development planning; (v) land finance policy.

1.1.5.1. Land law

Law is a means of regulating social relations. Law is first of all one of the factors ensuring and protecting social stability [52, p.247].

The State management of land by the State is based on the Land Law and other laws related to land such as: Civil Law, Construction Law, Real Estate Law. In addition, to guide the implementation of the Laws, there are also Decrees, Decisions, Circulars, Directives of the Government, Ministries and Branches related to State management of land, forming the system of Land Law. These are mandatory regulations that managers and land users must comply with. Land and housing are two factors closely linked to the material and spiritual interests of organizations and individuals. The demand for land use is increasing and most societies often find it difficult to balance, leading to disputes and conflicts over land. This is a complex issue, requiring the State to have a clear legal framework that is consistent with the aspirations of the majority of people, an accurate land information storage system, and a team of professional civil servants to be able to thoroughly solve the problem. In addition to enjoying the benefits from land, organizations and individuals must also fulfill their obligations, such as tax obligations, or must move when the State reclaims land for social purposes, or comply with State regulations on land management and use. However, these subjects do not always voluntarily comply. In many cases, the law is needed to enforce compliance. This is not only to maintain social order but also to help organizations and individuals clearly understand their obligations and responsibilities. Land laws need to be clear, simple, easy to apply, and have long-term stability, with regulations that subjects must comply with. Avoid "conflicts" and "terms"

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