The incident's origin and the corresponding policies of that period must be respected, the stable use process of the land user must be respected, the results of labor and the interests of the user must be protected.
When resolving disputes, complaints and denunciations about land, if economic issues or material interests arise, it is necessary to ensure the interests of the State and satisfactorily resolve the interests of land users. Strictly implement the regulations on confrontation and dialogue in resolving cases.
Publicity and transparency, especially in compensation and resettlement support plans in site clearance compensation when land is recovered, promptly resolving the legitimate rights of people whose land is recovered.
Mobilize the strength of the entire political system to resolve complaints and denunciations about land, especially complaints about site clearance.
It is necessary to continue to raise the sense of responsibility of cadres, civil servants and public employees in performing public duties, regularly monitor, promptly and thoroughly handle violations. Publicity and transparency in land allocation, land recovery, compensation, support, resettlement, site clearance for investment projects.
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Perform well the work of receiving citizens and resolving land complaints. Strengthen coordination between levels and sectors in the work of resolving land complaints. Timely resolve newly arising complaints, at the same time, focus on resolving long-standing complaints, and limit the situation of complaints going beyond the level.
Strengthening the propaganda, dissemination and education of land law and complaint law, raising awareness and compliance with land law and complaint law of land users.
Chapter 2 Conclusion
Bac Giang is a province with many potentials and advantages for economic and social development and is on the path of strong development. The economic structure has shifted strongly towards increasing the proportion of industry, construction, services, and reducing the proportion of agriculture and forestry. Many domestic and foreign enterprises have, are, and are preparing to invest in the province. Many construction projects are being implemented, which means that many areas of land, including the land of individuals and households, are being recovered to implement projects. These factors, along with various subjective and objective causes, have given rise to complaints in general and complaints in the field of land in particular in the province.
Faced with the complicated situation of complaints, all levels and sectors of the province have implemented many synchronous solutions to increasingly improve the work of receiving citizens, resolving complaints in general, and complaints in the land sector in particular. Initially, this has brought about positive results, contributing to ensuring political security, order, and social safety, creating a favorable environment for the province's socio-economic development.
Chapter 3
VIEWPOINTS AND SOLUTIONS TO IMPROVE THE EFFECTIVENESS OF SOLVING COMPLAINTS IN THE LAND FIELD IN BAC GIANG PROVINCE
3.1. VIEWPOINTS ON IMPROVING THE EFFECTIVENESS OF HANDLING COMPLAINTS IN THE LAND FIELD IN BAC GIANG PROVINCE
3.1.1. Thoroughly grasp the Party's viewpoints and Party resolutions on resolving complaints in the land sector
The 2013 Constitution, Article 4, stipulates:
The Communist Party of Vietnam - the vanguard of the working class, at the same time the vanguard of the working people and the Vietnamese nation, is the leading force of the State and society; Party organizations and members of the Communist Party of Vietnam operate within the framework of the Constitution and the law. The Party leads by its platform and policies; by education; by the activities of its members and the system of Party organizations in state agencies and socio-political organizations; and by inspecting and supervising implementation [24, Article 4].
The general goal of the Party's guidelines and policies is to promote the people's mastery, protect the people's legitimate and legal rights and interests; aim for the people's interests, and realize the goal of a rich people, a strong country, democracy, fairness, and civilization. In the field of handling petitions and complaints, our Party directs: Stepping up the settlement of complaints in the land sector of the people, reviewing, considering, supplementing and institutionalizing policies, first of all in the areas where people complain a lot, urgently and seriously implementing the Law on Anti-Corruption, the Law on Practicing Thrift and Combating Wastefulness, supplementing and perfecting the Law on Complaints and Denunciations. At the same time, the Party's viewpoint also
specify: the settlement of complaints in the land sector must be quick, timely, in accordance with the law and carried out right at the place where the complaint arises. The settlement of complaints in the land sector must be carried out according to simple, easy-to-implement procedures and processes, with an effective mechanism for settling complaints in the land sector. Perfect the legal system for complaints in the direction of creating more favorable conditions for people to exercise their right to complain.
On October 31, 2012, the 6th Central Conference (11th tenure) of the Party issued Resolution No. 19-NQ/TW on continuing to innovate land policies and laws in the period of comprehensively promoting the renovation process to create a foundation for our country to basically become a modern industrialized country by 2020. The Resolution clearly stated: Land policies and laws must contribute to socio-political stability, meet the requirements of socio-economic development, national defense, security, and international integration; best mobilize resources from land for national development; ensure harmony of interests of the State and land users. Effective use in land management to overcome waste, corruption, and complaints. Improve the effectiveness and efficiency of state management of land. Strengthen the leadership of the Party and the management of the State, promote the role of the Fatherland Front, mass organizations and the entire population in implementing land policies and laws; have sanctions to strictly handle violations of land policies and laws.
On May 26, 2014, the Politburo issued Directive No. 35/CT-TW on strengthening the Party's leadership in the work of receiving citizens and resolving complaints in the land sector. The content of the Directive clearly states: It is necessary to perfect legal policies related to the rights and interests of the people, especially in the fields of land, resources... to ensure consistency and suitability to reality. Continue to perfect the law on receiving citizens, resolving complaints in the land sector, denunciations... and when there are complaints and denunciations of many people, complicated,
The head of the party organization, government, agency, or organization must directly direct the clarification of the content and causes, comprehensively consider legal and practical aspects, and organize public dialogues with the complainant to resolve the matter realistically and reasonably.
The settlement of complaints in the land sector must be unified and maintain the viewpoint: Land belongs to the entire people, with the State representing the owner and uniformly managing it. Land use rights are a special type of property and commodity, but are not ownership rights. The State exercises the rights of the owner through deciding on land use planning and plans; allowing the change of land use purposes and regulating land use terms; granting land use rights and reclaiming land for use in defense and security purposes, serving national interests, public interests and economic and social development projects in accordance with the provisions of law. This is recognized in the 1980 Constitution, the 1992 Constitution and the 2013 Constitution, which stipulate: Land, water resources, mineral resources, resources in the sea, airspace, other natural resources and assets invested and managed by the State are public assets owned by the entire people, represented by the State as the owner and uniformly managed.
The settlement of complaints in the land sector must be based on historical and practical perspectives, must be based on the time of the incident and the policies and laws of that period. This is a difficult, complicated and sensitive issue; therefore, in the settlement process, it is necessary to base on the stable use process of land users, ensure general stability, and not give rise to new complaints. Protect the interests of land users, while respecting the land use planning approved by competent authorities. When settling complaints in the land sector, if economic issues, material interests, etc. arise, it is necessary to ensure the interests of the State and the interests of land users.
To thoroughly disseminate the Party's policies and the State's laws on land, complaints and settlement of complaints in the land sector to the people so that they fully comply, it is necessary to rely on the people, discuss democratically and openly with the people, using many measures, including focusing on reconciliation at the grassroots level, education, persuasion, and resolving with reason and emotion, without coercion or orders, linking the settlement of complaints in the land sector with the reorganization of production, rearranging the structure of commodity production suitable to each residential area to make land use effective.
3.1.2. Promote the role and responsibility of state administrative agencies and inspection agencies in resolving complaints in the land sector.
Settling complaints in the land sector is one of the state management activities; the law recognizes and guarantees that individuals and organizations have the right to request and propose state administrative agencies to resolve their complaints in the land sector regarding administrative decisions and administrative acts issued by those agencies. This creates conditions for state administrative agencies to self-correct and overcome shortcomings in their operations. On the other hand, settling complaints in the land sector is one of the mechanisms for self-checking the correctness and reasonableness of administrative decisions. The consideration and settlement of administrative complaints can be conducted by the court. However, assigning the responsibility for settling complaints in the land sector, especially in the land sector, to state administrative agencies is an objective requirement to ensure the smoothness in the management and operation of socio-economic issues of the administrative agencies. According to the law, the State administrative agency is the first competent authority in resolving complaints in the land sector and in fact, people often have the mentality of resolving complaints in the land sector through administrative means; they are afraid to file a lawsuit in court.
for many different reasons. Therefore, resolving complaints in the land sector is the responsibility of the administrative agencies. Although the law stipulates that the authority to resolve complaints belongs to the heads of state administrative agencies, in reality, due to having to perform many tasks in different management areas and limited time, the heads of administrative agencies often assign the inspection agency or specialized agencies to advise them on how to resolve them. The issuance of decisions to resolve complaints in the land sector is mainly based on the results of examination, verification and conclusions and recommendations of the inspection agency and specialized agencies. Therefore, in order to further strengthen the work of resolving complaints in the land sector, it is necessary to not only promote the role and responsibility of the Department of Natural Resources and Environment but also the role and responsibility of the inspection agency; Create material conditions to build a team of inspectors and officers with skills and expertise in handling complaints in the land sector, contributing to improving the effectiveness of handling complaints in the land sector.
3.1.3. Ensure strict compliance with the Constitution and laws, protect and guarantee human rights and citizens' rights in the socialist rule of law state.
The 2013 Constitution stipulates:
The Socialist Republic of Vietnam is a socialist rule of law state of the people, by the people and for the people. The Socialist Republic of Vietnam is owned by the people; all state power belongs to the people… [24].
Article 14 of the 2013 Constitution stipulates:
In the Socialist Republic of Vietnam, human rights and citizens' rights in political, civil, economic, cultural and social aspects are recognized, respected, protected and guaranteed according to the Constitution and laws [24, Article 14]. The rule of law state is a political institution in which all activities of
State agencies and other entities in society are all guaranteed on the basis of law. Law becomes the main regulatory tool for all social relations. Building a socialist rule of law state is an inevitable requirement of a democratic and modern society - where the state is limited or in other words, the state can only exercise power within the framework of the Constitution and the law, and is controlled by the law. The goal of the Vietnamese rule of law state is to ensure that human rights and citizens' rights are not violated by acts of abuse of power by state agencies, officials and civil servants in state agencies; all freedoms, democracy, rights and other legitimate interests of citizens are guaranteed and protected.
Complaints are one of the civil rights guaranteed by law and social mechanisms. Complaints are the exercise of citizens' legitimate right to self-defense to protect their legitimate rights and interests, the interests of the state and the collective; it is a form of promoting democracy, creating conditions for people to supervise agencies, civil servants in performing state management work, participating in state management activities, social management, increasing the effectiveness of the state apparatus. Therefore, complaints in the field of land must be resolved by competent agencies and individuals in an objective, fair, lawful, timely, quick, decisive and sensitive manner in handling situations. Especially for mass complaints, complaints related to land to avoid creating hot spots and complications. That contributes to promoting socio-economic development, creating people's trust, ensuring social safety and order. Furthermore, in the process of resolving complaints in the land sector, when detecting shortcomings or violations of the law by state officials and civil servants, measures must be promptly taken to remedy and correct them in order to ensure the legitimate rights and interests of citizens. The resolution process must be timely,