Preventing violations in the land sector

Many violations

In fact, in the past time, in the province, there have been a number of violations in land management, land use, compensation and site clearance (GPMB) for projects related to officials, civil servants, heads of sectors and localities. In particular, related to the case of violations in granting resettlement land in Nghi Phong commune (Nghi Loc), in December 2021, Nghi Loc District Police issued a decision to prosecute 3 additional defendants.

Authorities check documents. Photo: Hong Ngoc

They are: Pham Duong Khanh - former member of the Advisory Board of the Compensation and Site Clearance Council of Nghi Loc District People's Committee for the crime of "Violating regulations on compensation and resettlement support when the State acquires land"; Pham Dung Sy - former Vice Chairman of Nghi Phong Commune People's Council for the crime of "Forgery in work"; Ho Xuan Linh - former officer of Nghi Phong Commune Red Cross Society for the crime of "Forgery in work". Previously, the Investigation Police Department of Nghi Loc District Police issued a decision to prosecute Nguyen Dinh Hai (born in 1965) - former Chairman of Nghi Phong Commune People's Committee and Nguyen Hong Duc (born in 1978) - cadastral officer of Nghi Phong Commune for the crime of "Violating regulations on compensation and resettlement support when the State acquires land".

Authorities read out the arrest warrant for Nguyen Dinh Hai - former Chairman of Nghi Phong Commune People's Committee for the crime of "Violating regulations on compensation and resettlement support when the State reclaims land". Photo: Minh Khoi

In the case of illegal sale of 10,850 m2 of agricultural land in Hung Yen Nam commune (Hung Nguyen). In March 2021, Hung Nguyen District Police initiated a case and prosecuted Mr. Dinh Huu Hanh - former Head of Hamlet 9 for the crime of "Abuse of power while performing official duties" as prescribed in Article 357 of the Penal Code. In July 2021, the investigation agency of Hung Nguyen District Police continued to prosecute Mr. Nguyen Van Hieu - former Chairman of the People's Committee of Hung Yen Nam commune for the crime of "Lack of responsibility causing serious consequences", as prescribed in Clause 1, Article 360 ​​of the Penal Code 2015. Violations occurred during the implementation of Directive 08-CT/TU on mobilizing rural areas to "consolidate and exchange plots" and encourage land accumulation to develop large-scale production in agriculture in Hung Yen Nam commune in 2016.

These are just two of many land-related cases in recent times. In addition to the cause of inconsistency in land management policies; between the Land Law and related laws; inspection, examination, and detection of violations in land management and use are not regular; sanctions for violations of land law are not strong enough; land management by authorities at all levels is still loose and loopholes, land use in some places is still wasteful... creating loopholes for acts of corruption and profiteering, there are also causes from the lack of self-cultivation, "self-evolution", "self-transformation" of a number of officials and civil servants, including the leaders.

In 2021, through inspection work, the whole province discovered violations of 2,305 m2 of land, proposed to reclaim 347 m2 of land; through the implementation of complaint decisions, proposed to reclaim 349 m2 of land; proceeded to return 120 m2 of land to individuals. In addition, through the work of receiving people, resolving complaints and denunciations, it also showed that violations in land management and use are the "source" of many long-standing complaints and disputes.

Petitions focus on land

In 2021, the Department of Natural Resources and Environment alone received 338 petitions, including 102 complaints about the content ofland(accounting for 25%) of the total number of petitions; 30 complaints about land content (accounting for 3% of the total number of petitions); 234 petitions about land and environment (accounting for 63% of the total number of petitions); 13 land dispute petitions (accounting for 3% of the total number of petitions).

Petitions mainly arose in Vinh city, Dien Chau, Nghi Loc, Do Luong, Quynh Luu, Thanh Chuong, Yen Thanh, Hung Nguyen, Quy Hop. The content of citizens' complaints still focused on issues of compensation, site clearance, resettlement, issuance of land use right certificates and land disputes.

The authorities issued a decision to prosecute and execute a temporary detention order against Mr. Nguyen Dinh Khang - Head of the Minh Khang Urban Area Project Management Board. Photo: Minh Khoi

The reason is that the State management in some areas, especially land (especially at the commune level), still has many errors; it is slow to be handled. The publicity and transparency in planning, compensation, site clearance, resettlement, and in the implementation of management and operation of some areas are still inadequate, sometimes not ensuring fairness (especially in the implementation of compensation, site clearance, etc.), leading to many complaints, denunciations, recommendations, and reflections. In addition, according to the leaders of Nghi Loc district, there are many petitions related to land left over from history that are difficult to resolve, many land policies, especially regulations on conditions for re-recognition of residential land limits, compensation for site clearance have many changes that are not suitable to reality and people's wishes, so many reflections arise.

Authorities searched the workplace of Nguyen Hong Duc, a former land official in Nghi Phong commune (Nghi Loc), who was prosecuted for "Violating regulations on compensation and resettlement support when the State acquires land". Photo courtesy

Currently, in Nghi Loc district, there are many cases where, when preparing records for recognition of residential land limits, the commune consults the residential area, the person whose opinion is consulted confirms that he lived there before 1980, but after a conflict arises and a petition arises, the person whose opinion is verified claims that the land plot was used after 1980. It is very difficult to determine the accuracy of the origin of the land plot before or after 1980 because the land records before the implementation of Decree 61/CP in many communes are incomplete and inaccurate. In 2021, Nghi Loc district revoked 4 Land Use Right Certificates due to incorrect declaration and issuance.

Removing obstacles

It is forecasted that in the coming time, the situation of complaints and denunciations related to the land sector will continue to develop complicatedly, concentrated in areas where land is recovered from people to implement socio-economic development projects. Mass and complicated complaints will arise in places where land recovery and site clearance are not done well, and where due attention is not paid to the work of mobilizing, persuading and resolving complaints and denunciations of citizens.

The Department of Natural Resources and Environment focuses on developing a plan for allocating and zoning provincial land in the Nghe An Provincial Planning. Photo: Mai Hoa

Therefore, along with strengthening the propaganda and dissemination of laws to officials and people (especially in communes, wards and towns), authorities at all levels and functional branches need to further strengthen the State management of land, environment and minerals to limit the occurrence of complaints and denunciations, especially at the grassroots level; step up inspection and examination of the implementation of planning and land use plans; compensation, support and resettlement when the State reclaims land. In addition, resolutely reclaim land that has been allocated or leased, but not to the right subjects, not used or used ineffectively or for the wrong purpose.

In addition, to strengthen management and prevent violations in this field, Nghe An province has also implemented many solutions to overcome shortcomings and limitations in land management and use in the area. Among them, there is the issuance of new, groundbreaking regulations to resolve difficulties in land management.

For example, in reality, there are still nearly 12,000 cases of land allocation without proper authority that cannot be granted Land Use Right Certificates due to lack of procedures and documents related to the government's land allocation decision or proof of the fulfillment of people's financial obligations. On September 17, 2021, the People's Committee of Nghe An province issued Decision No. 28/2021/QD-UBND on granting Certificates of land use rights, house ownership rights and other assets attached to land to households and individuals using land in the province.

The above decision aims to remove obstacles related to the issuance of Land Use Right Certificates. In particular, instead of the authority of the leaders of the Department of Natural Resources and Environment, it now allows the authorization of the Land Registration Office at one level under the department and district-level branches to approve and sign the issuance of Land Use Right Certificates. This authorization will reform the process, shorten the time and speed up the issuance of Land Use Right Certificates to households and individuals across the province. Or handle the situation of some individuals buying large areas of land from households to then divide into plots for sale, similar to real estate projects in some localities, causing overload of electricity infrastructure, traffic, environment, etc.

Officers of the Department of Natural Resources and Environment's Land Management Division discuss land management work. Photo: Thanh Le

In addition, the People's Committee of Nghe An province also issued Decision No. 28/2021/QD-UBND to resolve problems related to land division. Accordingly, land division and land consolidation must ensure limited use rights for adjacent land plots according to the provisions of Article 171 of the 2013 Land Law and Article 254 of the 2015 Civil Code.

In particular, in the case of a land plot being divided into many plots for different users, when dividing, a necessary passage must be reserved for the people inside without compensation; the passage must be agreed upon by the parties, ensuring convenience for travel and causing little inconvenience to the parties. In the case of dividing a residential land plot into 2 or more plots with a traffic road (the land user voluntarily returns the land for the State to reclaim the land according to regulations or donates or gives the land to open a traffic road), the land user must have a plan for opening the road and be approved in writing by the District People's Committee...

From practical experience, the inspector of the Department of Natural Resources and Environment also pointed out that: For complaints and denunciations related to land, the superior State agency does not replace the task of resolving complaints and denunciations that are under the authority of the subordinate, but should only set up a review team to check and clarify the reasons for the continued complaints and denunciations. From there, direct the subordinate to continue to resolve them thoroughly, both creating prestige for the subordinate and overcoming the shortcomings and shortcomings of previous resolutions.