REALITIES IN COMPENSATION AND SITE CLEARANCE FOR STATE-RECOVERED LAND AT SELECTED TRANSPORTATION PROJECTS IN THƯỜNG TÍN DISTRICT, HANOI CITY
REALITIES IN COMPENSATION AND SITE CLEARANCE FOR STATE-RECOVERED LAND AT SELECTED TRANSPORTATION PROJECTS IN THƯỜNG TÍN DISTRICT, HANOI CITY
Nguyễn Thị Hồng Hạnh
Hanoi University of Natural Resources and Environment
Lê Phú Cường
Postgraduate Student, Hanoi University of Natural Resources and Environment
Tạ Tuyết Thái
Department of Natural Resources and Environment, Hanoi
Abstract:
The study evaluates the realities and proposes solutions to enhance the effectiveness of compensation and site clearance (CSC) at transportation projects in Thường Tín District. The results show: From 2019 to 2021, there were 27 projects with 17.02 hectares of recovered land, and a total compensation of 104.89 billion VND. Two projects under study recovered approximately 7.81 hectares with a compensation of about 36.56 billion VND. A survey of 100 affected households and individuals (AHIs) revealed that the majority rated the compensation and CSC at the two projects as compliant with regulations, cost-effective, and fair; ensuring transparency, fairness, and objectivity (average scores ranging from 3.29 to 4.41). However, some AHIs disagreed with the compensation rates.
Keywords: Land management; compensation; site clearance; transportation projects; Thường Tín District.
I. INTRODUCTION
Land recovery, compensation, and site clearance (CSC) are crucial components in the state management of land. The state recovers land when necessary to implement socio-economic development projects for national and public interests, aiming to leverage land resources, enhance land use efficiency, and develop socio-economic infrastructure towards modernization. The land recovery, compensation, and CSC processes, particularly for transportation projects, have positively contributed to socio-economic development, industrialization, and modernization of the country in recent years. However, practical implementation has faced certain difficulties affecting the progress and duration of construction projects, impacting residents’ lives.
Thường Tín is a district located at the southern gateway of Hanoi city, approximately 18km from the city center. The district’s total natural area is 13,012.94 hectares, including 7,849.89 hectares of agricultural land, 5,163.05 hectares of non-agricultural land, and 5.19 hectares of unused land. Currently, the ratio of transportation area to urban land area is relatively low (8.5%), significantly affecting the district’s socio-economic development.
From 2019 to 2021, Thường Tín district carried out 27 CSC projects in the transportation sector with a total area of 17.07 hectares. Among these, 57.8% of the projects completed the documentation submitted to the city for land allocation, implemented technical infrastructure construction, or were undergoing CSC; 26.3% of the projects submitted to the Department of Natural Resources and Environment (DoNRE) for demarcation orders for CSC; 15.5% of the projects organized public meetings, conducted surveys, and prepared compensation and support plans.
II. RESEARCH METHODOLOGY
- Secondary Data Collection Method
Secondary data includes inheriting and collecting documents, data, specialized reports, statistical results, land inventories, etc., from the Department of Natural Resources and Environment, and the Land Fund Development Center of Thường Tín district.
- Research Site Selection Method
Two out of 27 transportation projects implemented during 2019 – 2021 were selected. These two projects use different funding sources, involve a large area of recovered land, and affect the implementation of many other projects. (i) Project 1: Lê Công Hành Road Project; (ii) Project 2: Road construction project connecting Bắc Thường Tín industrial zone with Provincial Road 427.
- Primary Data Collection Method
Survey of 30 officers related to CSC (10 questionnaires from the Compensation and Resettlement Council at the 02 research projects; 05 questionnaires from the Department of Natural Resources and Environment; 05 questionnaires from the Land Fund Development Center; 10 questionnaires from the communes with land recovered in the 02 projects (Văn Phú, Văn Bình for project 1; Liên Phương, Ninh Sở, and Vân Tảo for project 2).
Household and individual survey: The number of survey questionnaires n for each project is determined by the formula: n=N/(1+N.e²) [1]. Where N is the total number of affected households, individuals, and organizations of each project (project 1: 58; project 2: 171).
e – standard error. With e = 10% (equivalent to 90% confidence level of the research results), the minimum number of survey questionnaires for project 1 is calculated to be 37; for project 2, it is 63 questionnaires.
We conducted a total of 100 survey questionnaires, with project 1: 37 questionnaires; project 2: 63 questionnaires, using the random sampling method with pre-prepared questionnaires.
- Data Analysis and Processing Method
The collected data and documents were summarized and analyzed using Excel software. The realities of land recovery, compensation, and site clearance (CSC) at the two transportation projects in Thường Tín district were evaluated by summarizing data on land recovery, compensation for land and assets on the land, and analyzing survey results of affected individuals regarding the implementation of compensation and support (CS) through the following criteria: (1) policy implementation; (2) policy suitability.
Surveying the opinions of affected individuals on the implementation of CS was conducted using criteria specified in tables 6, 7, 8, 9. The Likert scale [2, 3] was used to evaluate the CS process. The five levels were: very reasonable/very good/much better, corresponding to 5 points; reasonable/good/better: 4 points; normal/average/same as before: 3 points; less reasonable/poor/worse: 2 points; very unreasonable/very poor/much worse: 1 point.
The overall evaluation index was calculated as the average score of the number of respondents and the coefficient of each level applied. The general evaluation scale was: Very high/very good: > 4.20; High/good: 3.40 – 4.19; Average: 2.60 – 3.39; Low/poor: 1.80 – 2.59; Very low/very poor: < 1.80.
III. RESULTS AND DISCUSSION
- Current Status of Land Recovery and Site Clearance in the Transportation Sector in Thường Tín District
1.1. The results of land recovery and CSC in Thường Tín District during the period 2019 – 2021 are shown in Table 1:
Table 1. Results of Land Recovery and CSC in the Transportation Sector during 2019 – 2021 in Thường Tín District
No. | Indicators | Unit | Year | Total | ||
2019 | 2020 | 2021 | ||||
1 | Number of CSC projects | Project | 3 | 13 | 11 | 27 |
1.1 | Projects with disbursed funds | Project | 1 | 8 | 7 | 16 |
1.2 | Approved projects, not disbursed | Project | 1 | 0 | 3 | 4 |
1.3 | Projects with CSC plans | Project | 1 | 2 | 0 | 3 |
1.4 | Projects with public meetings and surveys | Project | 0 | 3 | 1 | 4 |
2 | Recovered area | m2 | 66,429.5 | 59,912.3 | 44,376.6 | 170,718.4 |
2.1 | Projects with recovered area | m2 | 110.0 | 34,912.0 | 31,652.0 | 66,674.0 |
2.2 | Approved projects, not recovered | m2 | 62,410.4 | 0.0 | 2,229.9 | 64,640.3 |
2.3 | Projects with CSC plans | m2 | 3,909.1 | 5,687.0 | 0.0 | 9,596.1 |
2.4 | Projects with public meetings and surveys | m2 | 0.0 | 19,313.3 | 10,494.7 | 29,808.0 |
3 | Number of affected households | Household | 147 | 406 | 406 | 959 |
3.1 | Projects with recovered area | Household | 3 | 267 | 292 | 562 |
3.2 | Approved projects, not recovered | Household | 89 | 0 | 63 | 152 |
3.3 | Projects with CSC plans | Household | 55 | 18 | 0 | 73 |
3.4 | Projects with public meetings and surveys | Household | 0 | 121 | 51 | 172 |
4 | Disbursed funds | Billion VND | 27.26 | 29.3 | 48.33 | 104.89 |
4.1 | Projects with recovered area | Billion VND | 2.46 | 26.82 | 18.29 | 47.57 |
4.2 | Approved projects, not recovered | Billion VND | 21.24 | 0 | 30.04 | 51.28 |
4.3 | Projects with CSC plans | Billion VND | 3.56 | 2.48 | 0 | 6.04 |
4.4 | Projects with public meetings and surveys | Billion VND | 0 | 0 | 0 | 0 |
Source: Thường Tín District Land Fund Development Center (2019, 2020, 2021)
During the research period, land recovery and site clearance in the transportation sector included 27 projects. The number of projects in 2020 and 2021 significantly increased compared to 2019, but the difference in recovered land area was not substantial. The total recovered area in these transportation projects during this period was 170,718.4 m², affecting 959 households and with a total compensation amount of 104.89 billion VND.
Despite the agreement of local authorities and residents during the implementation process, and the achievements in land recovery and site clearance in Thường Tín district, there remain challenges such as verifying land origins, encroachment and disputes, illegal leasing in villages, delays in site clearance, and low compensation rates.
1.2. Công tác thu hồi đất, giải phóng mặt bằng tại 02 Project giao thông trên địa bàn huyện
1.2.1. Giới thiệu khái quát về 02 Project nghiên cứu
Trong số các Project thu hồi đất, GPMB trong lĩnh vực giao thông trên địa bàn huyện giai đoạn 2019 – 2021, lựa chọn 02 Project có diện tích thu hồi lớn, nhiều loại đất thu hồi và sử dụng nguồn vốn đầu tư khác nhau. Cụ thể thông tin về 02 Project được thể hiện trong Bảng 2.
Table 2. Overview of the Two Research Projects
No. | Criteria | Project 1 | Project 2 |
1 | Approval Decision | Decision No. 2228/QĐ-UBND dated 09/10/2018 of the Hanoi People’s Committee | Decision No. 2338/QĐ-UBND dated 16/5/2018 of the Hanoi People’s Committee |
2 | Investor | Thường Tín District People’s Committee | Management Board of Transportation Construction Investment Projects, Hanoi |
3 | Project Funding Source | District Budget | City Budget |
4 | Project Scale | Total recovered area: 5,396.2 m² | Total recovered area: 71,415.7 m² |
5 | Number of Affected Households and Organizations | 56 households with agricultural land recovered and 02 organizations | 169 households (including 154 with agricultural land recovered; 15 with residential land recovered) and 03 organizations |
Source: Thường Tín District Land Fund Development Center (2019, 2020, 2021)
1.2.2. Land Recovery, Compensation, and Site Clearance
- Identifying Eligible Entities and Compensation Conditions
In recent years, land recovery, compensation, and CSC have been conducted in accordance with the procedures outlined in Article 69 of the 2013 Law on Land. The task of compensation and CSC has been assigned to the Compensation, Support, and Resettlement Council.
By applying current regulations, based on the origin of land of the affected households and individuals (AHIs), relevant legal documents, and cadastral records, the eligible entities for compensation in the two projects are identified as follows: (i) Project 1 includes 56 households with agricultural land and 02 organizations with recovered land; (ii) Project 2 includes 154 households with agricultural land, 15 households with residential land partially recovered, and 03 organizations. The households are entitled to compensation for agricultural land, residential land, construction works, and crops on the land.
- Land Recovery and Compensation
Land compensation for Project 1 was carried out according to Decision No. 1223/QĐ-UBND dated 15/3/2019 of the Hanoi People’s Committee, and for Project 2 according to Decision No. 1223/QĐ-UBND dated 15/3/2019 of the Hanoi People’s Committee. The results of land recovery and compensation are shown in Table 3.
Table 3. Results of Land Recovery and Compensation at the Two Research Projects
No. | Content | Unit | Project 1 | Project 2 | Total |
1 | Total recovered area | m2 | 5,396.2 | 72,415.7 | 77,811.7 |
1.1 | Agricultural land allocated to AHIs | m2 | 4,261.0 | 25,689.1 | 29,950.1 |
1.2 | Land managed by the commune People’s Committee | m2 | 1,135.0 | 45,662.50 | 46,797.5 |
– | Non-agricultural land | m2 | 295.3 | 23,921.97 | 24,217.27 |
– | Agricultural land | m2 | 839.7 | 21,740.53 | 22,580.23 |
1.3 | Residential land | m2 |
| 1,064.10 | 1,064.10 |
2 | Number of affected households | Households | 56 | 169 | 225 |
3 | Number of affected organizations | Organizations | 2 | 3 | 5 |
4 | Compensation cost for land | Million VND | 615,100.5 | 8,426,044.64 | 9,041,145.14 |
4.1 | Agricultural land |
| 615,100.5 | 6,559,821.45 | 7,174,921.95 |
| Households and individuals |
| 575,235.0 | 3,468,028.5 | 4,043,263.5 |
| Agricultural land managed by the commune People’s Committee |
| 39,865.5 | 3,091,792.95 | 3,131,658.45 |
4.2 | Non-agricultural land managed by the commune People’s Committee |
| 0 | 0 | 0 |
4.3 | Residential land |
|
| 1,866,223. 19 | 1,866,223. 19 |
Source: Thường Tín District Land Fund Development Center (2019, 2020, 2021)
Thus, the total recovered area and compensation for land recovery and CSC at the two projects were 77,811.7 m², with Project 1 accounting for 5,396.2 m², and Project 2 for 72,415.7 m². The recovery included 29,950.1 m² of agricultural land allocated to AHIs; 46,797 m² of land managed by the commune People’s Committee (including 24,217.27 m² of non-agricultural land and 22,580.23 m² of agricultural land), and 1,064.1 m² of residential land in Project 2.
The total number of affected households was 56 in Project 1 and 169 in Project 2, with 2 organizations affected in Project 1 and 3 in Project 2. The total land compensation cost for the two projects was 9,041,145.14 million VND, including 7,174,921.95 million VND for agricultural land and 1,866,223.19 million VND for residential land.
- Compensation and Support for Assets, Structures, and Crops on the Land at the Two Projects
Based on Notification No. 9062/STC-BG dated 27/12/2018; Notification No. 8785/TB-STC; Notification No. 8545/TB-STC dated 26/12/2020; Notification No. 8369/TB-STC dated 29/12/2021. The results of compensation and support for assets on the land at the two research projects are shown in Table 4.
Table 4. Results of Compensation and Support for Assets, Structures, and Crops on the Land at the Two Projects
No. | Indicators | Unit | Project 1 | Project 2 | Total |
1 | Trees and crops on the land | Million VND | 29,827.0 | 210,474.27 | 240,301.27 |
2 | Assets, structures | Million VND | 0 | 6,177,930.89 | 6,177,930.89 |
3 | Aquaculture water surface | Million VND | 0 | 200,790.1 | 200,790.1 |
| Total | Million VND | 29,827,0 | 6,589,195.26 | 6,619,022.26 |
Source: Thường Tín District Land Fund Development Center (2019, 2020, 2021)
The research results show: compensation and support for assets, structures, and crops on the land with the total compensation amount for the two projects being 6,619,022.26 million VND, with Project 1 at 29,827.0 million VND and Project 2 at 6,589,195.26 million VND. For assets such as trees, crops, and livestock, Project 1 had a total cost of 29,827,000 VND and Project 2 had 210,474.27 million VND. The total compensation cost for assets on the land for Project 1 was 0 VND and for Project 2 was 6,177,930.89 million VND.
1.3. Support Activities
The results of implementing support policies at the two research projects are shown in Table 5.
Table 5. Results of Support Types at the Two Projects
No. | Support Item | Support Funds (Million VND) | ||
Project 1 | Project 2 | Total | ||
1 | Support | 2,887,694.0 | 17,561,758.0 | 20,449,452.0 |
1.1 | Support for job transition and job creation | 2,876,750.0 | 17,340,142.0 | 20,216,892.0 |
1.2 | Support for stabilizing living and production conditions | 10,944.0 | 221,616.0 | 232,560.0 |
2 | Reward for timely site handover | 12,208.0 | 77,067.3 | 89,275.3 |
3 | Compensation for relocation costs |
| 361,184.0 | 361,184.0 |
| Total | 2,899,902.0 | 18,000,009.3 | 20,899,911.3 |
Source: Thường Tín District Land Fund Development Center (2019, 2020, 2021)
From Table 5, it can be seen that the support funds for the two projects are relatively high, totaling 20,449,452.0 million VND. Project 1 received support funds of 2,887,694.0 million VND, including 2,876,750.0 million VND for job transition training and job creation, and 10,944.0 million VND for stabilizing living conditions. Project 2 received support funds of 17,561,758.0 million VND, including 17,340,142.0 million VND for job transition training and job creation, and 221,616.0 million VND for stabilizing living conditions. These support funds have partially addressed the difficulties for households to stabilize their lives after land recovery.
- Assessment by Residents and Officials on Compensation and Site Clearance
2.1. Residents’ Assessment of Compensation and Site Clearance
The survey results of 100 affected households, individuals, and organizations at the two projects show:
Regarding compensation, the general evaluation was reasonable with an average score of 3.99 points (lower than the study in Mai Sơn district, Sơn La province, which had an average score of 4.02) [4]. Among the criteria, 3 out of 7 were rated as very reasonable, 3 out of 7 were rated as reasonable, and the remaining criterion on compensation rates for crops and livestock was rated as average with a score of 3.34 points.
Table 6. Residents’ Assessment of Compensation and Support Implementation at the Two Research Projects
No. | Criteria | Very Reasonable | Reasonable | Neutral | Less Reasonable | Very Unreasonable | Average Score |
1 | Compensation | 118 | 473 | 94 | 15 | 0 | 3.99 |
1.1 | CSC plan formulated as per regulations | 23 | 75 | 2 | 0 | 0 | 4.21 |
1.2 | Identifying entities eligible for compensation | 42 | 57 | 1 | 0 | 0 | 4.41 |
1.3 | Determining compensation conditions | 27 | 69 | 4 | 0 | 0 | 4.23 |
1.4 | Compensation rates for land | 0 | 81 | 15 | 4 | 0 | 3.77 |
1.5 | Compensation rates for structures and buildings | 6 | 80 | 12 | 2 | 0 | 3.9 |
1.6 | Compensation rates for crops and livestock | 0 | 41 | 52 | 7 | 0 | 3.34 |
1.7 | Timely compensation payments | 20 | 70 | 8 | 2 | 0 | 4.08 |
2 | Support | 21 | 77 | 188 | 14 | 0 | 3.35 |
2.1 | Support for job transition and job creation | 8 | 32 | 56 | 4 | 0 | 3.44 |
2.2 | Support for stabilizing living and production conditions | 7 | 20 | 68 | 5 | 0 | 3.29 |
2.3 | Support for relocation costs | 6 | 25 | 64 | 5 | 0 | 3.32 |
3 | Results of compensation and site clearance | 54 | 475 | 346 | 25 | 0 | 3.62 |
3.1 | Transparency in implementation process | 2 | 41 | 54 | 3 | 0 | 3.42 |
3.2 | Transparency of compensation plans | 9 | 53 | 38 | 0 | 0 | 3.71 |
3.3 | Providing information about the project | 4 | 35 | 53 | 8 | 0 | 3.35 |
3.4 | Quality of information provided about the project | 2 | 37 | 52 | 9 | 0 | 3.32 |
3.5 | CSC plan formulated as per regulations | 9 | 86 | 5 | 0 | 0 | 4.04 |
3.6 | Implementation process compared to announcements | 9 | 58 | 33 | 0 | 0 | 3.76 |
3.7 | Participation of local authorities in the compensation plan | 8 | 56 | 34 | 2 | 0 | 3.7 |
3.8 | Participation of affected individuals in the compensation plan | 7 | 45 | 45 | 3 | 0 | 3.56 |
3.9 | Attitude of officials in the compensation process | 4 | 64 | 32 | 0 | 0 | 3.72 |
The support activities were evaluated at an average level with an overall mean value of 3.35 points across three evaluation criteria. Support for stabilizing living and production conditions, job transition and job creation training, and relocation support scored 3.29 points, 3.44 points, and 3.32 points respectively. Households rated these areas as less suitable and very unsuitable, expressing concerns that job transition should not just involve new vocational training or funding for training, but also address where they would be employed after training, as they face challenges in transitioning careers and finding employment in their trained professions.
The implementation process for compensation and support (CS) at the two projects was rated good with an average score of 3.62 points. Among the criteria, 7 out of 9 were rated as good, while 2 out of 9 were rated as average, which were the provision of information about the project at 3.35 points, and the quality of the information provided about the project at 3.32 points.
2.2. Officials’ Assessment of Compensation and Support
The survey results of 30 public officials and civil servants show that 6 out of 9 criteria were rated as very good. The other 3 criteria—coordination with affected residents, site clearance progress, and residents’ understanding of land-related laws relevant to compensation and site clearance—were rated as good, with scores of 3.93, 4.1, and 3.63 points respectively.
Table 9. Officials’ Assessment of Compensation and Support Implementation at the researched 02 Projects
No. | Evaluation Criteria | Very Good | Good | Average | Poor | Very Poor | Average Score |
1 | Transparency of compensation plans | 16 | 10 | 4 | 0 | 0 | 4.40 |
2 | Implementation guidance documents | 12 | 15 | 2 | 1 | 0 | 4.27 |
3 | Implementation procedures of compensation plans | 20 | 8 | 2 | 0 | 0 | 4.60 |
4 | Dissemination of land recovery plans before implementation | 11 | 15 | 4 | 0 | 0 | 4.23 |
5 | Coordination among relevant agencies and social organizations | 19 | 8 | 3 | 0 | 0 | 4.53 |
6 | Coordination with affected residents | 8 | 15 | 5 | 1 | 1 | 3.93 |
7 | Results of compensation plan implementation | 8 | 20 | 2 | 0 | 0 | 4.20 |
8 | Site clearance progress | 8 | 17 | 5 | 0 | 0 | 4.10 |
9 | Residents’ understanding of relevant laws | 6 | 11 | 10 | 2 | 1 | 3.63 |
2.3. General Assessment
The procedures for compensation and support (CS) at the projects have been carried out in accordance with regulations, ensuring the proper application of state policies. The identification of eligible entities and conditions for CS has been conducted clearly, transparently, and in compliance with regulations, without any incorrect or missing determinations of entities and conditions eligible for compensation. However, several issues remain:
(i) Land changes have not been updated in a timely manner, causing difficulties in identifying land origins, areas, and boundaries.
(ii) The organization responsible for compensation and site clearance at the local level is not stable, often involving part-time staff, with few dedicated officers whose expertise and professionalism in compensation and site clearance are limited.
(iii) There is still a gap between compensation rates and market prices due to the fluctuating nature of market conditions.
(iv) Job creation for those with recovered land is not well-addressed, primarily compensating with money, which poses challenges for those affected by land recovery in finding employment, especially for agricultural land recovery.
- Proposals for Solutions to Enhance the Effectiveness of Compensation and Site Clearance for State-Recovered Land at Transportation Projects in Thường Tín District
To address the aforementioned issues, the following comprehensive solutions should be implemented:
– Develop a complete and accurate land database, regularly monitor, and update land changes. Strengthen inspection and supervision of land management and use. Effectively prevent illegal land encroachment and inappropriate land use.
– Raise awareness and enhance dialogue between the government and residents. Increase community participation in implementing and compensating for site clearance (CSC).
– Regularly train and improve the professional skills of officers, civil servants, and public employees involved in compensation and site clearance to meet job requirements.
– Ensure the interests of all parties involved by adjusting and supplementing compensation rates according to the specific conditions of each region, each project, and at different times.
IV. CONCLUSION
The research results indicate that the compensation and site clearance (CSC) process for state-recovered land at transportation projects in Thường Tín District has been implemented according to the correct procedures and regulations. For the two research projects, the total recovered land area was 77,811.7 m², affecting 225 households and 5 organizations. The total compensation for land was 9,041,145.14 million VND, compensation for assets, structures, and crops on the land was 6,619,022 million VND, and support funds amounted to 20,899,911.3 million VND.
The survey results of affected individuals show that the compensation activities were rated as reasonable (average score of 3.99 points); support activities were rated as average (3.35 points); and the implementation process of CS at the two projects was rated as good (average score of 3.62 points). The survey of 30 public officials and civil servants shows that 6 out of 9 criteria were rated as very good, and 3 out of 9 criteria were rated as good.
The proposed solutions include effective land management practices, particularly land change registration; developing a land database; increasing public education on land-related laws relevant to compensation and CSC; improving the professional skills of staff; and reviewing and adjusting regulations related to compensation rates and support.
References
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