Legal forms of management with this content mainly include promulgating regulations on authority and the process of building a land price database. To bring efficiency, accuracy and modernity to the land price data system, there must be a process of carrying out the following activities: researching, summarizing advanced and appropriate experiences, and applying modern science and technology. and technical expertise requirements for the implementation team.
The land price database is the foundation for determining state land prices and performs the function of forecasting market land prices. Due to the huge connection and impact between land prices and the real estate market, it is necessary to consider unifying information integration, monitoring and forecasting of land prices and the real estate market. Because currently, management of the real estate market belongs to the function of the construction industry; Land price management in the Natural Resources and Environment sector, the data of these two contents are not linked, completely separate.
4.2.5. Training and professional development of land price management team
Training and fostering the land management team is always focused and specific strategies are developed through each stage. However, because the land price management team is responsible for many highly specialized management contents, related to many industries and fields, there are many limitations. Therefore, the training and fostering of land price management team needs to be innovated through the following solutions:
Firstly, the training and fostering of the management team must be based on the management functions and tasks of each level and each industry, specifically and effectively. Currently, the content of professional training on land price management is developed by the Ministry of Natural Resources and Environment for all subjects with 120 lessons including 10 topics. 302 This is a general program for all individuals performing land valuation consulting services and management entities. The author believes that a general training program for all target groups and levels will not bring high efficiency in management operations. So we need
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Based on legal regulations on land prices and management functions of each level and each sector, the Ministry of Natural Resources and Environment presides and coordinates with the Ministry of Finance to develop specific training content for each target group, associated with functions and tasks. service and job requirements. The content of training and fostering by target groups must be continuously updated to closely match management practices; diverse implementation methods, timely, economical and effective.
Second, apply technology and techniques to build software and programs to serve state management of land prices. This is an important content in the training and fostering of land price management officials towards a modern management mechanism. It is necessary to identify research and application of technology in land price management as a key task in training and fostering the management team. Experiences in some countries show that the application of technological advances has brought significant results, such as in Korea, the selection of reference plots is carried out by an automatic selection system.
302 Mai Dan (2020), “Opening training course on land valuation course 12”, Natural Resources and Environment Newspaper, https://baotainguyenmoitruong.vn/khai-giang-lop-boi-duong-ve-dinh- gia-dat-khoa-12-305974.html [accessed September 10, 2020].
(Automatic Reference Lot Selection System - ARLSS) and the process of calculating the land price of each land plot is also performed by the automatic land price calculation system (Automatic Land Price Calculation System) . Technology has been constantly applied in Korea to conduct investigations, survey prices and land characteristics for valuation work. In 2014, a mobile survey application (Mobile Field Survey App) was used to collect information including land price fluctuation rates, price trends, and real estate prices in many units. At the same time, the automatic land characteristics survey system was also developed (The Automatic Land Characteristics Survey System - ALCSS) , which was applied to analyze land plot characteristics as a basis for comparison and contrast in valuation. In 2015, the Korean Valuation Council also developed an electronic land price system to perform automatic valuation activities, users using updated transfer market data. The automatic land valuation system is based on classifying uniform land price areas. When evaluating electronically, the system will extract at least 10 data of 10 transactions in the same coin.
At best, if insufficient, data from areas with similar characteristics will be provided along with odds ratios. 303 In general, the land valuation system in Korea develops strongly on the basis of information technology application in collecting, analyzing and arranging valuation data, applying algorithms combined with technology applications. In Australia, information for land valuation must be converted to digital data,
For example, land plot size, house area, qualitative data are also converted into numbers... 304 Modern land price management technology must be deployed synchronously with training and fostering the management team to ensure application feasibility and effectiveness.
Third, the recruitment and arrangement of staff to manage land prices must meet professional standards; Based on the job position project, clearly define the tasks and strategies for training and fostering land price management officials. Based on the job position project at management agencies and units related to state management of land prices, determine professional qualifications, standardize and train the successor team. This helps us specifically identify the subjects and content that need to be trained and fostered, is the basis for evaluating the quality of work, and improving the effectiveness of evaluating the management team. At the same time, the rotation of the land price management team must give top priority to expertise and professionalism, not wasting professionally trained human resources.
Fourth, promote the effectiveness of research programs and projects related to land prices in land price management practices and integrate management team training in the content of programs and projects. Research results must be evaluated, summarized and a specific roadmap developed for application and implementation in practice. The content of the program and project needs to combine training and fostering of the management team to ensure effectiveness when deployed. From the perspective of management form, the content of training and fostering the team
303 Mie Oak Chae, Inhyuk Kwon – Officer of Korea Appraisal Board, tldd (65).
304 Nguyen Dinh Bong (2014), Modern land management models in some countries and experiences for Vietnam,
National Political Publishing House, Hanoi, p.192.
Management staff must be regulated with specific criteria and requirements regarding job positions and training and fostering responsibilities during the performance of their duties. This clearly defines the responsibilities of relevant parties in improving the quality of the management team. Training and fostering must be organized with diverse methods such as training, conferences, seminars... ensuring content, knowledge and quality.
The team of state management staff on land prices is widespread because land prices are specialized and regional, so the training and fostering of staff must meet both general and special requirements. enemies of each industry and each level. Therefore, the content of the management training program needs to be built according to target groups, provide specialized training, and improve the application of technological advances.
4.2.6. Check, inspect, handle violations and resolve complaints and denunciations about land prices
Checking, inspecting, handling violations and resolving complaints and denunciations about land prices are important in controlling state management activities on land prices. However, limitations in current regulations on land prices have partly affected the effectiveness of inspection, inspection and resolution of land price complaints. Regarding this content, the author proposes the following specific solutions:
Firstly, maintain the regularity and depth of inspection activities in state management of land prices . In particular, inspect the construction work and promulgate land price lists and decide on specific land prices in localities. For key projects with large scale land use, it is necessary to regulate the work of determining specific land prices in land allocation, land lease and calculating compensation when the State recovers land.
Second, check and inspect land price appraisal operations of land price appraisal consulting organizations. The Natural Resources and Environment Agency coordinates with the financial agency to inspect land price appraisal activities at organizations providing price appraisal services to improve the efficiency of land price appraisal; acknowledge limitations in regulations and management practices. Periodically conduct inspection activities to promptly detect and handle violations in land price appraisal consulting.
Third, strengthen the implementation of specialized inspections on land prices. Because of the importance and regularity of specific land price decisions, especially the current specific land price decisions are not under the supervision of the Provincial People's Council, and there is no strict external supervision. It's just an internal decision-making process, so conducting specialized inspections on land prices is very necessary.
Fourth, enhance the supervisory role of the elected agency system in state management of land prices . Current regulations on authority in land price management will have certain limitations for inspection and examination activities. Specifically, the authority to promulgate the land price framework of the Government - the highest state administrative agency - who will check and inspect this activity? In addition, the content of issuing decisions in land price management is mainly decentralized to the Provincial People's Committee and land prices are only one content among many land management contents, so it is difficult to ensure regular inspection.
In-depth investigation and inspection of land prices. Therefore, it is necessary to strengthen the supervisory role of the National Assembly and the Provincial People's Council in land price management. There is a view that we can establish a valuation agency of the National Assembly to control land valuation activities. However, the author believes that we only need to promote the role of the state audit agency system to improve the effectiveness of National Assembly supervision in land price management. In addition, strengthening specialized audit content on land prices and land finance accounts for a certain proportion of the State Audit's annual audit plan. The National Assembly and Provincial People's Councils regularly maintain content related to land prices in the monitoring program, especially the supervisory role of the Provincial People's Council in deciding specific land prices in the locality. .
Fifth, build a specific mechanism to resolve complaints about land prices; Expand the Court's jurisdiction in resolving land price disputes. Before analyzing the current situation, the law only resolves complaints about the process of imposing land prices; There is no mechanism to review the legality and reasonableness of the decided land price. It is thought that in order to ensure openness, transparency, people's participation in the management process, and improve the accountability of management entities, we must build a complaint resolution mechanism to review Land price is determined. Agreeing with this point of view, author Phan Trung Hien said: "It is necessary to regulate a third entity with authority to inspect and supervise to consider the reasonableness and veto land prices when there are inadequacies according to the law."
unfavorable direction for land users. 305 Experience in complaint resolution mechanism
Complaints and disputes about land prices in some countries are as follows: In Australia, within 2 months from the date of announcement of land prices and taxes, if people do not agree with that price, they have the right to complain. The Land Tax Office will forward the complaint file to the City Council. The City Council will assign a valuer to work with the complainant. The valuer reviews and handles the case within 02 months. In case the valuation must be reconsidered, the valuer must make a recommendation to the chief valuer (the chief valuer will consider the recommendation within 02 months). After resolving the complaint, if the complainant does not agree, he or she can file a lawsuit with the State Civil Administrative Court or the Court of Justice.
Australian Supreme Court for resolution. 306 In the case of land valuation to calculate money
Compensation when the State recovers land according to the compulsory land seizure mechanism and if people do not agree, they will submit it to an arbitration organization or the Court for resolution; with the final judgment mechanism on compensation value belonging to the Court. Similarly, in Singapore, when people whose land is recovered do not agree on the compensation price, they have the right to complain. The first entity to resolve disagreements about compensation land prices is the Compensation Council, otherwise
305 Phan Trung Hien (2018), Things you need to know about compensation, support, and resettlement when the State recovers land (reprinted with corrections and supplements), Truth National Political Publishing House, Hanoi, p.122.
306 Nguyen Dinh Bong (2014), Modern land management models in some countries and experiences for Vietnam,
National Political Publishing House, Hanoi , pp. 114, 115.
satisfactory, they have the right to sue the case in the High Court. 307 Through research on the experiences of some countries, World Bank experts believe that: "The final decision-making authority on land prices needs to be assigned to an organization that is not part of the administrative apparatus. The Valuation Association plays a very important role in assisting competent agencies to decide and resolve land price disputes..." . 308 In general, in
Many countries recognize the role of the Court in resolving land price conflicts.
Based on the theory of the Court's role in the rule of law State: "The Court is the highest guarantor of individual rights" 309 and the above experience, the author recommends expanding the Court's jurisdiction. in Vietnam in administrative proceedings when resolving land price disputes. Specifically, improve the legal regulations on the principle: (i) when resolving a case that requires a lawsuit, only the application of price is required to be considered.
Land, the Court will only consider the scope of the request without considering the legality of the applied land price; (ii) when requesting a review of land prices, it is asking the Court to cancel the land price in a specific administrative decision because it believes that the land price is not suitable for the market and violates regulations on land price appraisal. .. At that time, the Court will review the decided land price. If necessary, the Court has the right to consult experts or establish a Professional Council to evaluate. The consultation results are one of the grounds for the Court to decide to reject the plaintiff's request in case the land price is determined in accordance with the law and vice versa, the Court will cancel the land price in the decision being sued. and request competent authorities to re-determine land prices in each specific case.
In addition, on the basis that the management entity has the right to review management decisions, the author proposes to develop a mechanism to resolve specific complaints about land prices. When land users do not agree with the price decided by the Provincial People's Committee, they have the right to complain and be resolved by a Land Price Complaint Resolution Council established by the Chairman of the Provincial People's Committee (this Council includes including: leaders of the Provincial People's Committee, representatives of land price management agencies, independent land price appraisal consultants, representatives of price appraisal consulting organizations that have provided advice on land price determination for the State, representative of the valuation consulting organization proposed by the complainant, representative of the Vietnam Valuation Council). The participation of non-state entities such as: representatives of the Vietnam Valuation Association and especially the land valuation consulting organization chosen by the complainant has demonstrated the people's character and democracy in the resolution. complain about land prices and show differences with the Land Price Appraisal Council established by the management entity in the process of determining land prices. This council will review the decided land price
307 Tran Tu Cuong (2012), Summary report - Research on the theoretical basis and regulations on land ownership and use rights of some countries in the world, drawing experience for Vietnam, Proposal Ministerial-level scientific research fund, Institute of Strategy and Policy on Natural Resources and Environment, Ministry of Natural Resources and Environment , p.87.
308 World Bank (2011), State mechanism for land acquisition and voluntary land transfer in Vietnam. Approach, land valuation and resolving people's complaints , Hanoi, p.70.
309 Nguyen Dang Dung (2004), Judicial institutions in the rule of law State, Justice Publishing House, Hanoi, p.33.
and provide results for resolving complaints about land prices. In case you do not agree with the result of complaint resolution, you have the right to sue in court and resolve it according to administrative proceedings; At that time, the Court will review the results of the land price decision and the results of the Council's complaint resolution to make a decision to keep or cancel the decision to approve the land price.
Regarding the forms of management applied in this content, first of all, it is necessary to complete the regulations on authority, content and mechanism to ensure the effectiveness of inspection and examination in the process of performing management tasks. land price management and application of land price laws. Complete regulations on land price dispute resolution mechanism. At the same time, the field of land prices is highly specialized, so training and conferences are regularly organized to exchange experiences in testing, inspection and subjects performing the work of resolving complaints and denunciations about land prices. . Specific regulations on the content of the reporting regime on the implementation of local land price laws, Circular No. 29/2019/TT-BTNMT needs to supplement the content of reports on implementation of local land price laws. in the annual reporting regime and the mechanism to ensure the effectiveness of reporting activities, consistent with the provisions of Decree No. 44/2014/ND-CP.
The effectiveness of control activities is to ensure fairness and respect for the law in state management of land prices. An effective land price dispute resolution mechanism reflects democratic management and strengthens external oversight of the land price management process.
4.3. Solutions on the organization and operation of state management entities on land prices and methods of state management on land prices
Subjects of state management of land prices and subjects participating in the land price management process are the two main groups of subjects that determine the effectiveness of land price management in Vietnam. On the basis of building a scientific, modern and effective land price management mechanism, the author recommends the following solutions:
4.3.1. Subject of state management of land prices
4.3.1.1. State management agency for land prices
The system of land price management agencies at central and local levels needs to fully implement and ensure the effectiveness of decentralized management tasks; creating a close connection between management contents, between levels and management entities, bringing the highest efficiency to the operation of the land price management mechanism. Faced with the limitations and shortcomings in the practice, organization and operation of state management agencies on land prices, the following specific solutions are needed:
Regarding the organization of land price management agencies, based on the content of management and decentralization of state management of land prices between the Government and the Provincial People's Committee, we must agree on a specialized organizational model to perform the task of price management. local land. Because of the close relationship between land prices and the land management content and functions of our country's system of specialized agencies, the author believes that the best land price management function is
is still given to the Natural Resources and Environment agency and it is necessary to unify a specialized organization for land price management. Specifically, research, evaluate and select an appropriate model: first, organize a specialized department under the Department of Natural Resources and Environment; Second, organize departments under the Land Management Department. In the spirit of promoting decentralization in land management, including land price management, the Government mainly plays the role of direction, strategic planning, and promulgation of general principles and toolkits in price management. land, do not interfere deeply in land price decisions; Local authorities - Provincial People's Committees play a key role in state management of land prices. With the orientation of perfecting the state's land valuation organization, land price appraisal subjects need to organize independently from the land price management agency. In countries with developed valuation systems, most of them organize valuation agencies independent of the state management agency on land prices and there is a strong development of the system of private valuation organizations. Typically in Korea, according to the Real Estate Valuation and Appraisal Law, land valuation is carried out by the Valuation Committee and the Asset Valuation Association.
product. 310 Land prices in Taiwan are determined by a Land Pricing Committee consisting of many people
members decide, not by administrative agencies like in Vietnam today. 311 Therefore, the organization of land price management agencies in our country needs to be organized in the direction of only performing management work, not simultaneously conducting land price appraisal as currently. The land price management staff is organized based on management content and tasks through building a job position project that defines management responsibilities for each job position. Besides, because land prices are highly specialized, it requires a management team
must be trained and fostered with in-depth knowledge; Recruitment and placement of staff are based on talent, stability and inheritance. Building a strict, unified and scientific management organization system is a basic requirement of modern land administration.
Regarding the activities of land price management agencies, with highly specialized characteristics, requiring independence and objectivity of land price appraisal activities, the author proposes socialization of land price appraisal activities - It is only performed by price appraisal enterprises, land price management agencies do not simultaneously conduct land price appraisal as currently. The process of assigning tasks to perform management activities must be based on each content, requirements and characteristics of the management content, ensuring both principles of decentralization and promoting specificity in land price management. . Specifically, in state management of land prices, the system of management agencies must organize an apparatus commensurate with assigned functions and tasks; There needs to be financial, human and material resources to ensure the implementation of assigned tasks; Ensure publicity and transparency of management information so that the community can monitor land price management activities.
310 Vu Van Phuc (chief editor, 2015), tldd (18) , pp.89, 90.
311 Dang Hung Vo (2012), “International experience on land price management”, Finance Magazine,
http://tapchitaichinh.vn/nghien-cuu--trao-doi/trao-doi-binh-luan/ Kinh-nghiem-quoc-te-ve-quan-ly-gia-dat- 20380.html [accessed date August 16, 2020].
Currently, decentralization of land price management in our country only focuses on one aspect of decentralization, 312 which is the division of authority between administrative levels. The author believes that state management of land prices needs to strengthen the transfer of a part of authority from state agencies to non-state organizations and units, typically land price appraisal consulting activities and information provision activities. Land price information and land price forecast. Besides, ensure close combination between industry management and functional and specific management
Natural Resources and Environment industry and finance industry. Accordingly, clearly define the scope of management impact and principles of coordination in land price management. It is necessary to determine that land price appraisal is a professional activity in the field of price appraisal managed by the financial sector, so the key role in implementing the management content of land price appraisal needs to comply with general regulations on appraisal. valuation, the Natural Resources and Environment agency only participates in the process of promulgating regulations and specific operational activities of land valuation. Typically, in the training program for granting Price Appraiser Cards and Real Estate Valuation Certificates, the Ministry of Natural Resources and Environment suggests compiling or being in charge of a module/topic on land valuation instead of stipulating additional regulations. “sublicense” such as Decree No. 136/2018/ND-CP.
With the orientation of innovating the organization and operations of the land price management agency in a scientific, modern and effective direction, requirements have been set for openness, transparency, and expanding the participation of non-state actors. Carry out management activities and supervise the land price management process. First of all, it is necessary to fully regulate the information that is publicly available and accessible in each content of land price management; methods of accessing and providing information because People's participation and supervision can only be guaranteed when full information is easily accessible. Publicizing information and expanding people's participation in the activities of the land price management agency must ensure efficiency and management goals, without affecting the interests of the State, society and land owners. other body. Specify accountability for management decisions, individualize responsibility for mistakes in management.
The state management agency on land prices only performs management functions, does not conduct land price appraisal activities; Organize the apparatus of land price management agencies at all levels consistently and in accordance with management requirements and content; Comply with the principles of land price management decentralization. At the same time, management activities must be public, transparent, and promote accountability, which are the basic requirements that must be ensured by land price management agencies.
312 Management decentralization in our country is approached in three aspects: first, the identification and division of administrative units, administrative levels, territories and the identification and delimitation of functions and tasks, powers and responsibilities for each territorial administrative level, each agency and unit in the executive apparatus. Second, the adjustment and transfer of authority between administrative levels and between agencies and administrative units at all levels to suit practical requirements. Third, the partial transfer of authority of state agencies, organizations, and administrative units to non-state organizations, units, and individuals. Pham Thanh Huyen (2015), “Some issues of decentralization of state administrative management”, State Organization Magazine , https://tcnn.vn/news/detail/21525/Mot_so_van_de_ve_phan_cap_quan_ly_hanh_chinh_nha_nuocall.html [accessed September 18, 2020].