Enhancing the capacity and responsibility of local land management officials.

(Baonghean) - In recent years, the situation regarding land-related complaints, denunciations, and disputes in the province has been quite complex. Some cases show that the enforcement of discipline and order in land management and use is not strict, and the role of state management in land is still limited, especially at the grassroots level...

Since the enactment of the Land Laws of 1993, 2003, and now the 2013 Land Law, land management at the grassroots level has seen many noteworthy changes. Land management has been increasingly improved, and the handling and rectification of past shortcomings have received attention from all levels of government. However, definitively resolving the inadequacies left over from the past remains a difficult and complex issue.

Officials from the Vinh City Land Registration Office perform their duties at the One-Stop Service Center.

This is most clearly demonstrated during the land clearance process for National Highway 1A, where numerous land-related violations were uncovered by the authorities. These included the issuance of land use certificates within the PMU1 (Project Management Unit 1) boundaries between 1995 and 2000 in Nghi Loc, Dien Chau, and Quynh Luu districts, violating planning regulations and Article 7 of Decree No. 203-HĐBT dated December 21, 1982, of the Council of Ministers (now the Government) on the promulgation of the Road Protection Regulations.

During the land clearance process for National Highway 1A, authorities gradually clarified the unauthorized sale, allocation, leasing, and borrowing of land by 22 households of the brick factory in Mai Hung ward (Hoang Mai town). Another case involved a tea factory in Hamlet 14, Nghi Kim commune, which had borrowed land from the commune since 1987 for households to conduct business. Over time, these households built solid houses, and when the State reclaimed the land, they demanded 100% compensation for the value of the assets on the land. Similarly, in Nghi Yen commune (Nghi Loc district) and Nghi Lien commune (Vinh City), dozens of shacks were built within the boundaries of PMU1...

Regarding land management issues, over the years, Nghe An Newspaper has published articles reflecting extremely inadequate situations such as the construction of illegal houses and structures on farmland and agricultural land; the illegal use of dike embankments; the encroachment on forest land; and has handled many complaints and denunciations related to land issues... And, one of the main reasons leading to these problems is related to the local authorities at the grassroots level, who have not paid adequate attention to land management.

It has been learned that, prior to the effective date of the 2013 Land Law, the Department of Natural Resources and Environment had advised on a comprehensive review and evaluation of the implementation of the 2003 Land Law in the province, thereby identifying existing shortcomings and inadequacies. These included: limitations in state land management; lax adherence to discipline and regulations in land management and use; complex land-related complaints, denunciations, and disputes; cumbersome administrative procedures and lengthy processing times; additional procedures and paperwork required by some localities, and a lack of timely and complete information provided to citizens; instances of unauthorized land allocation, allocation to the wrong recipients, and allocation not in accordance with planning still occurring in some localities; the transfer of agricultural land use rights for residential purposes, causing socio-political instability; and continued land encroachment in some areas.

The Department of Natural Resources and Environment has pointed out the causes of these shortcomings and inadequacies. The main reason is that some local authorities have not paid sufficient attention to and invested adequately in land management. A portion of land management officials at the commune level are weak in capacity, and some individuals even lack public service ethics, leading to violations. In August 2014, at an online conference with district-level authorities, the Department of Natural Resources and Environment presented a specialized topic on "Guidelines for State Land Management at the Commune Level," which outlined the existing shortcomings, inadequacies, and their fundamental causes. To gradually overcome these inadequacies, this topic disseminated several aspects of state land management at the commune level, clearly outlining the roles and responsibilities of land administration officials and the Chairmen of the Commune People's Committees. In land management, the role of local authorities is extremely important. Accordingly, the 2013 Land Law clearly stipulates the roles and responsibilities of commune-level land administration officials and the Chairpersons of the People's Committees at the commune level. When the 2013 Land Law came into effect, the Department of Natural Resources and Environment determined that it must pay attention to and provide comprehensive guidance on the law's provisions to local land management officials, so that they can correctly understand the law's regulations, improve their capabilities, and demonstrate their roles and responsibilities.

In fact, to effectively manage land, besides legal regulations, it is crucial to have people who can advise and implement them. In September 2014, Nghe An Newspaper continued to receive letters from citizens. The complaint concerned a situation in Commune V, District Y, where some residents were illegally occupying agricultural land to build houses. After verification, the complaint was found to be well-founded, and District Y directed relevant departments to investigate. According to Nghe An Newspaper's own investigation, these households had previously been guided by the commune authorities to prepare documents for obtaining land use right certificates from the competent authority. The land cadastral officer and commune leaders admitted that the commune's confirmation of the land use right certificate application documents was not sufficiently substantiated...

This example illustrates the crucial role of land management and advisory staff, especially land administration officials at the commune and ward levels, and the Chairpersons of the People's Committees at the commune level. To cultivate land management officials who are both politically sound and professionally competent, the entire political system, from the provincial to the grassroots level, needs to be involved.

Text and photos:Ha Giang