RESEARCH ON SEVERAL FACTORS AFFECTING COMPENSATION AND SUPPORT IN CAO BẰNG CITY, CAO BẰNG PROVINCE

 

RESEARCH ON SEVERAL FACTORS AFFECTING COMPENSATION AND SUPPORT IN CAO BẰNG CITY, CAO BẰNG PROVINCE

RESEARCH ON SEVERAL FACTORS AFFECTING COMPENSATION AND SUPPORT IN CAO BẰNG CITY, CAO BẰNG PROVINCE

RESEARCH ON SEVERAL FACTORS AFFECTING COMPENSATION AND SUPPORT IN CAO BẰNG CITY, CAO BẰNG PROVINCE

Hoàng Phương Anh

Phạm Anh Tuấn

Bùi Nguyễn Thu Hà

Hanoi University of Natural Resources and Environment

Abstract:

Cao Bằng City is the economic, cultural, social, political, security, and defense center of Cao Bằng Province. During the period 2021-2023, Cao Bằng City implemented compensation and support work, achieving great success, and basically meeting the socio-economic development requirements of the city.

As of the end of December 2023, the city had carried out compensation, support, and resettlement for 62 projects with a total area of 183.0 hectares, involving 2,551 households, and allocated 84.8 hectares to 37 projects, accounting for 46.12% of the total project area.

The research identified 20 factors divided into 4 groups, all significantly affecting the compensation and support work with evaluation indices on the Likert scale ranging from 3.52 to 4.28. Studying the factors affecting compensation and support contributes to accelerating project implementation progress and enhancing the efficiency of State management in land affairs.

Keywords: Compensation, support, Cao Bằng, influencing factors.

I. INTRODUCTION

Compensation and support work when the State recovers land for national defense, security, and national and public interests play a very important role in the construction of industrial zones, urban areas, and socio-economic infrastructure. However, this is a difficult and complex task as it directly affects the lives, jobs, and incomes of those whose land is recovered (Phạm Phương Nam et al., 2020).

Given the limited land resources, rising land prices, and the developing market economy, the benefits of land users when the State allocates and recovers land are always a concern (Đặng Tiến Sĩ et al., 2015). During the implementation of compensation, support, and resettlement work, many factors influence the process.

The study by Phan Thị Thanh Huyền et al. (2018) identified 5 groups with 18 factors affecting compensation and site clearance work; the study by Nguyễn Thị Hải et al. (2023) showed 15 factors in 5 groups impacting compensation and support work when the State recovers land.

Other studies indicate that compensation and support work when the State recovers land is influenced by major factors including policy and land law factors, financial factors, land parcel factors, land user-related factors, and implementation organization factors.

Cao Bằng City is the economic, cultural, social, political, security, and defense center of Cao Bằng Province, with many advantages in expanding cooperative relations with other provinces and foreign countries. During the period 2021-2023, 62 land recovery projects with an area of 183.0 hectares were implemented in Cao Bằng City; the number of households with recovered land was 2,551. The total cost for compensation and support work was 108.2 billion VND.

In reality, compensation and support work in Cao Bằng City in recent years has faced many difficulties and has not achieved the desired results. Therefore, accurately assessing the current situation and identifying the factors affecting compensation and support work is an urgent requirement.

II. RESEARCH METHODS

  1. Method of Investigation and Collection of Secondary Data

The documents and data on the actual situation of compensation and support work when the State recovers land, as well as other documents related to the research, were collected from agencies under the Cao Bằng City People’s Committee, such as: Department of Natural Resources and Environment, Land Development and Clearance Center, Cao Bằng City branch of the Land Registration Office, etc.

  1. Method of Investigation and Collection of Primary Data

To identify the factors affecting the implementation of compensation and support work in Cao Bằng City, the authors conducted interviews with 30 relevant officials and civil servants. The results show that there are 20 factors that potentially affect compensation and support work in Cao Bằng City.

To assess the impact levels of the factors on the implementation of compensation and support work, the authors conducted interviews with households whose land was recovered through survey questionnaires. The number of households was determined based on the formula:

 

Where:

N is the total number of households with recovered land.

e is the permissible error (e = 5% – 15%).

Due to the conditions of conducting interviews in a border province with a dispersed population, the sample error applied in the research was 10%. The number of households needing interviews was 96 households.

  1. Method of Data Processing, Analysis, and Synthesis

The Likert scale was used to assess the impact of various factors on compensation and support work in 5 levels, with the overall evaluation index being the weighted average number of responses for each level. If the scale has 5 levels, the grading levels for assessing factors impacting compensation and support work are determined in Table 1.

Table 1. Scale, coefficients, and evaluation index of some factors impacting compensation and support work in Cao Bằng City

No.

Scale

Coefficient

Evaluation Index

1

Very large impact

5

≥ 4,20

2

Large impact

4

3,40 – 4,19

3

Medium impact

3

2,60 – 3,39

4

Small impact

2

1,80 – 2,59

5

No impact

1

< 1,80

Excel software was used to statistically analyze and process the collected survey and interview data as a basis for assessing the current status of compensation and support work in Cao Bằng City.

III. RESEARCH RESULTS AND DISCUSSION

  1. Compensation and Support Results in Cao Bằng City

During the period 2021-2023, Cao Bằng City implemented 62 land recovery projects with a total area of 183.0 hectares; the number of households with recovered land was 2,551. The total cost for compensation and support work was 108.2 billion VND (funding for projects with approved compensation and support plans and implementation). Detailed results are shown in Table 2.

Table 2. Compensation and Support Results in Cao Bằng City for the Period 2021-2023

Year

Number of Projects

Total Recovered Area (ha)

Total Compensated, Supported Area (ha)

Number of Households with Recovered Land

Compensation and Support Cost (billion VND)

2021

16

42.5

13.0

298

37.0

2022

21

71.8

58.0

753

40.0

2023

25

68.7

13.80

1,500

31.2

Total

62

183.0

84.8

2,551

108.2

Source: Land Development and Clearance Center of Cao Bằng City, 2023

The total number of projects assigned for implementation in 2021 was 16 projects. Land recovery notices were issued for 298 cases; statistics and measurements were organized for 267 cases; compensation, support, and resettlement plans were approved for 255 cases, with a total value of approximately 41 billion VND; compensation and support payments were made for 306 cases with a total value of 37 billion VND; land handover was organized for a total area of 13 hectares.

In 2022, the total number of projects assigned for implementation was 21 projects. Land recovery notices were issued for 753 cases; measurements and statistics were organized for 553 cases; compensation, support, and resettlement plans were approved for 244 cases, with a total value of 58 billion VND; compensation and support payments were made for 208 cases with a total value of 40 billion VND; land handover was organized for a total area of 58 hectares.

In 2023, Cao Bằng City implemented land clearance for 25 projects, requiring land recovery of 68.7 hectares, affecting 1,500 households. Compensation, support, and resettlement plans were approved for 304 cases, with a total value of approximately 45 billion VND; compensation and support payments were made for 282 cases, with a total value of 31.2 billion VND; land handover was organized for 224 cases, with an area of 13.8 hectares.

During the period 2021-2023, investing in the construction and completion of urban infrastructure was one of the key tasks of the Party Committee, government, and people of Cao Bằng City. Integrating planning with urban infrastructure investment and renovation in Cao Bằng City attracted many domestic and foreign investors. Many key projects in the city were implemented as planned, such as: Cao Bằng Provincial People’s Court (1.2 hectares); Compensation, support, and resettlement for the Southern Road (1.1 hectares); Open-pit mining of Nickel – Copper (land clearance completed in 2021 was 7.7 hectares, in 2022 was 35.75 hectares), etc.

  1. Identifying Factors Affecting Compensation and Support When the State Recovers Land

Based on the research results identifying factors affecting compensation, support, and resettlement when the State recovers land by authors Phan Thị Thanh Huyền et al. (2018), Nguyễn Thị Hải et al. (2023), the study consulted 30 officials involved in compensation and support work in Cao Bằng City. The research identified 5 groups with 20 factors affecting compensation and support work when the State recovers land in Cao Bằng City, including:

Regulation factors for compensation, support, and resettlement: The issuance of legal regulations greatly affects compensation, support, and resettlement work. However, due to the instability and inconsistency of regulations over different periods, land recovery work faces many difficulties. This group includes: compensation for land, compensation for property damage, support, and resettlement. In recent years, legal regulations on compensation, support, and resettlement have been continuously revised and improved to address difficulties in compensation and support work and gradually meet practical implementation requirements.

Financial factors: Financial factors play a decisive role in the progress and success of compensation and support projects. Within this group, the source of capital for land recovery, compensation, and support; land compensation prices; and property compensation prices are the direct influencing factors…

Land parcel factors: These factors include land use purpose, location, area, legal status, and origin of the land parcel. The most fundamental characteristic of land is its fixed location, so no two parcels of land are the same, even adjacent parcels will have different characteristics leading to non-uniform land prices. Therefore, carrying out compensation and support work will encounter difficulties.

Factors related to people whose land is recovered: Land users are the main subjects of compensation and support work when the State recovers land. In reality, occupations, income, education level, legal knowledge, customs, and habits of people whose land is recovered significantly impact land recovery work. Land recovery might force people to relocate, change farming methods, production methods, and could even affect spiritual, religious, and belief practices, causing apprehension among the people.

Implementation organization factors: Land recovery is a difficult and complex process, directly affecting the lives and livelihoods of people whose land is recovered. If the organization and implementation are not well managed, it can lead to mass and prolonged complaints and petitions, causing difficulties for State land management. Therefore, to effectively carry out compensation and support work when the State recovers land, the development and implementation of compensation and support plans; dissemination of land laws; the proficiency and ability of specialized officials, as well as the coordination of related parties, must be fully, correctly, and reasonably executed. These factors greatly influence and determine the progress of projects and reduce complaints and petitions about land.

  1. Some Factors Affecting Compensation and Support When the State Recovers Land in Cao Bằng City

The five main groups of factors include: regulation factors for compensation, support, and resettlement; financial factors; land parcel factors; factors related to people whose land is recovered; and implementation organization factors, which are considered to affect compensation and support work in Cao Bằng City. The impact levels of these factors on compensation and support work in Cao Bằng City are evaluated based on the Likert scale index. All factors included in the study have a large to very large impact on compensation and support work.

3.1. Impact of Regulation Factors on Compensation, Support, and Resettlement

The regulation factors group includes: compensation for land, compensation for property damage, support, and resettlement. The research results show that all factors in this group significantly impact compensation and support work, with Likert scale evaluation indices ranging from 3.52 to 4.28. However, the impact level of each factor varies. The factor “compensation for land” is rated very highly, with an average evaluation index of 4.28 (Table 3); followed by the factors “support” and “compensation for property damage” with evaluation indices of 4.02 and 3.74, respectively; and finally, the factor “resettlement” with the lowest evaluation index of 3.53.

Table 3. Impact of Regulation Factors on Compensation, Support, and Resettlement

Impact Level

Compensation for Land

Compensation for Property Damage

Support

Resettlement

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Very Large (>=80%)

54

56.25

34

35.42

45

46.88

36

37.50

Large (60-70%)

23

23.96

29

30.21

26

27.08

17

17.71

Average (40-59%)

11

11.46

14

14.58

11

11.46

13

13.54

Small (20-39%)

8

8.33

12

12.50

10

10.42

21

21.88

Very Small (<20%)

0

0.00

7

7.29

4

4.17

9

9.38

Total

96

100.00

96

100.00

96

100.00

96

100.00

Evaluation Index

4.28

3.74

4.02

3.52

With the implementation of the 2013 Law on Land, regulations on compensation, support, and resettlement have become increasingly transparent, aligning closely with the rights and interests of the people; accelerating the implementation progress, contributing to the overall socio-economic development of the city.

3.2. Impact of Financial Factors

The group of financial factors was tested and evaluated for their impact on compensation and support work in Cao Bằng City, including: capital for land recovery, compensation, support, and resettlement; land compensation prices; property compensation prices; and occupational transition support.

Table 4. Impact of Financial Factors

Impact Level

Capital for Land Recovery, Compensation, Support, Resettlement

Land Compensation Prices

Property Compensation Prices

Occupational Transition Support

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Very Large (>=80%)

51

53.13

61

63.54

31

32.29

38

39.58

Large (60-70%)

22

22.92

28

29.17

19

19.79

19

19.79

Average (40-59%)

12

12.50

4

4.17

15

15.63

20

20.83

Small (20-39%)

10

10.42

3

3.13

22

22.92

16

16.67

Very Small (<20%)

1

1.04

0

0.00

9

9.38

3

3.13

Total

96

100.00

96

100.00

96

100.00

96

100.00

Evaluation Index

4.17

4.35

3.43

3.76

The survey results indicate that among the financial factors, “land compensation prices” have the largest impact on compensation and support work, with an evaluation index of 4.35. This is followed by the factor “capital for land recovery, compensation, support, resettlement” with an evaluation index of 4.17, similar to Hà Tĩnh City, where capital sources greatly affect compensation and support work (Phan Thị Thanh Huyền et al., 2018).

The factors “occupational transition support” and “property compensation prices” have medium impact levels with evaluation indices of 3.76 and 3.43, respectively. These results reflect the reality in Cao Bằng City: land compensation prices greatly impact land clearance work, hence the compensation mechanism when the State recovers land needs to be improved to ensure prices are close to the market, helping to speed up land clearance for project implementation.

3.3. Impact of Land Parcel Factors

The most fundamental characteristic of land is its fixed location, so no two parcels of land are the same; even adjacent parcels will have different characteristics leading to non-uniform land prices. These factors include land use purpose, location, area, and legal status and origin of the land parcel.

Table 5. Impact of Land Parcel Factors

Impact Level

Land Use Purpose

Location

Area

Legal Status and Origin of the Land Parcel

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Very Large (>=80%)

59

61.46

49

51.04

31

32.29

42

43.75

Large (60-70%)

20

20.83

24

25.00

18

18.75

19

19.79

Average (40-59%)

9

9.38

16

16.67

23

23.96

12

12.50

Small (20-39%)

5

5.21

5

5.21

15

15.63

14

14.58

Very Small (<20%)

3

3.13

2

2.08

9

9.38

9

9.38

Total

96

100.00

96

100.00

96

100.00

96

100.00

Evaluation Index

4.32

4.18

3.49

3.74

Among the land parcel factors, “land use purpose” has the greatest impact level with an evaluation index of 4.32. In reality, land use purpose determines the compensation price and serves as the basis for identifying the subjects and conditions for compensation and support.

Following this is the factor “location” ranked second with an evaluation index of 4.18, and the factors “area” and “legal status and origin of the land parcel” are evaluated to have relatively large impacts on compensation and support work.

3.4. Impact of Factors Related to People Whose Land is Recovered

To carry out land clearance, the first affected individuals are those whose land is recovered. Land recovery forces people to relocate, change production methods, and impacts compensation and support work related to people whose land is recovered. Factors include: educational level and legal knowledge, customs and habits of the people whose land is recovered, occupation of those whose land is recovered, and ability to transition occupations.

Table 6. Impact of Factors Related to People Whose Land is Recovered

Impact Level

Educational Level and Legal Knowledge

Customs and Habits of the People Whose Land is Recovered

Occupation of Those Whose Land is Recovered

Ability to Transition Occupations

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Very Large (>=80%)

39

40.63

40

41.67

31

32.29

44

45.83

Large (60-70%)

30

31.25

31

32.29

22

22.92

25

26.04

Average (40-59%)

16

16.67

14

14.58

19

19.79

16

16.67

Small (20-39%)

8

8.33

6

6.25

15

15.63

11

11.46

Very Small (<20%)

3

3.13

5

5.21

9

9.38

0

0.00

Total

96

100.00

96

100.00

96

100.00

96

100.00

Evaluation Index

3.98

3.99

3.53

4.06

The evaluation index impact level of all factors in the group related to people whose land is recovered is high, meaning these factors have a significant impact. The factor “ability to transition occupations” has the highest impact level in the group (4.06), followed by “customs and habits of the people whose land is recovered” (3.99), “educational level and legal knowledge” (3.98), and finally “occupation of those whose land is recovered”.

Research by Trần Văn Khải et al. (2020) indicated that in areas with many ethnic groups, customs and habits play a crucial role. Legal knowledge is closely related to information dissemination; projects with good information dissemination efforts help people understand the policies and laws of the Party and State, thereby completing land clearance quickly and creating land resources for the State to implement subsequent tasks.

3.5. Impact of Implementation Organization Factors

Compensation and support is a complex process; if not well organized and executed, it can lead to land-related complaints and petitions. Therefore, to effectively carry out land clearance work, the development and implementation of compensation and support plans, dissemination of land law information, the proficiency and work handling abilities of specialized officials, and the coordination of related parties in compensation and support work are crucial.

Table 7. Impact of Implementation Organization Factors

Impact Level

Development and Implementation of Compensation and Support Work

Dissemination of Land Law Information

Proficiency and Work Handling Abilities of Specialized Officials

Coordination of Related Parties

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Number of Votes

Percentage (%)

Very Large (>=80%)

54

56.25

34

35.42

45

46.88

36

37.50

Large (60-70%)

23

23.96

29

30.21

26

27.08

17

17.71

Average (40-59%)

11

11.46

14

14.58

11

11.46

13

13.54

Small (20-39%)

8

8.33

12

12.50

10

10.42

21

21.88

Very Small (<20%)

0

0.00

7

7.29

4

4.17

9

9.38

Total

96

100.00

96

100.00

96

100.00

96

100.00

Evaluation Index

4.28

3.74

4,.02

3.52

The factors in the implementation organization group are evaluated to have a high impact on compensation and support work. To address difficulties and obstacles related to compensation and support work, apart from close direction from city leaders, there needs to be close, synchronized coordination and a high sense of responsibility from related parties. Coordinated efforts, shared difficulties, and cooperation to effectively implement land recovery work are key.

IV. Conclusion

From 2021 to the end of 2023, Cao Bằng City implemented 62 land recovery projects with a total area of 183.0 hectares; the number of households with recovered land was 2,551. The total cost for compensation and support work was 108.2 billion VND.

Using the Likert scale to evaluate the five main groups of factors affecting compensation and support work in Cao Bằng City, including: regulation factors for compensation, support, and resettlement; financial factors; land parcel factors; and factors related to people whose land is recovered. According to the Likert scale evaluation index, the impact level of the 20 factors on compensation and support work in Cao Bằng City ranges from large to very large (3.52 to 4.35).

References

  1. Đặng Tiến Sĩ, Phạm Thị Tuyền, Đặng Hùng Võ & Đỗ Thị Tám (2015). Evaluation of compensation, support and resettlement implementation when land is recovered for some projects in Vân Đồn District, Quảng Ninh Province. Journal of Science and Development. 13(1): 82-89.
  2. Cao Bằng Provincial People’s Council (2023). Report on the implementation of policies and laws on compensation, support, and resettlement in land clearance for project construction in Cao Bằng City, 2021 – 2023.
  3. Likert R. (1932). A Technique for the Measurement of Attitudes, Archives of Psychology, Vol. 140, No. 55. New York University, USA.
  4. Nguyễn Thị Hải, Nguyễn Châu Sang, Phạm Thanh Quế, Xuân Thị Thu Thảo, Trần Thu Hà (2023). Some factors affecting compensation and support work when the state recovers land in Tân Biên District, Tây Ninh Province, Journal of Science and Technology of Forestry. Issue 3/2023: 145 – 154.
  5. Phan Thị Thanh Huyền, Phạm Quý Giang, Nguyễn Lê Thục Anh, Xuân Thị Thu Thảo & Phùng Minh Tám (2018). Research on factors affecting compensation and land clearance work in Hà Tĩnh City, Hà Tĩnh Province. Journal of Science and Technology of Forestry. 3: 105 – 112.
  6. Phạm Phương Nam (2020). Factors affecting compensation and support when the state recovers land in Đô Lương District, Nghệ An Province. Journal of Science and Technology of Forestry. 5: 160-168.
  7. Cao Bằng City Department of Natural Resources and Environment (2023). Report on the results of land statistics in Cao Bằng City, 2023.
  8. Cao Bằng City Land Development and Clearance Center (2023). Summary of land clearance results for projects in Cao Bằng City from 2021 to 2023.

If you need more consulting, please Contact Us at NT International Law Firm (ntpartnerlawfirm.com)

You can also download the .docx version here.

Rate this post

“The article’s content refers to the regulations that were applicable at the time of its creation and is intended solely for reference purposes. To obtain accurate information, it is advisable to seek the guidance of a consulting lawyer.”

NT INTERNATIONAL LAW FIRM