SOME SOLUTIONS TO IMPROVE THE EFFICIENCY OF ISSUING LAND USE RIGHTS (LUR) CERTIFICATES IN HẠ LONG CITY, QUẢNG NINH PROVINCE, PERIOD 2020-2022

SOME SOLUTIONS TO IMPROVE THE EFFICIENCY OF ISSUING LAND USE RIGHTS (LUR) CERTIFICATES IN HẠ LONG CITY, QUẢNG NINH PROVINCE, PERIOD 2020-2022

SOME SOLUTIONS TO IMPROVE THE EFFICIENCY OF ISSUING LAND USE RIGHTS (LUR) CERTIFICATES IN HẠ LONG CITY, QUẢNG NINH PROVINCE, PERIOD 2020-2022

Lê Văn Thơ

Nguyễn Lê Duy

Vương Vân Huyền

College of Agriculture and Forestry, Thái Nguyên University

Tô Xuân Đức

Department of Natural Resources and Environment of Hạ Long City

Abstract:

This study focuses on analyzing the results of land registration and the issuance of LUR Certificates to households and individuals in Hạ Long City, Quảng Ninh Province, for the period 2020-2022. Based on the assessment of the current situation, the research has proposed several solutions to improve the efficiency of land registration and issuance of LUR Certificates.

The results show that during this period, the city had 24,760 registration applications with an area of 928.87 ha, of which 21,662 applications with an area of 724.5 ha were resolved, achieving a rate of 87.49%. The investigation results show that the process of issuing certificates still has some existing shortcomings and there are factors affecting this work at the local level.

Therefore, the study has proposed solutions on: Completing and synchronizing the land law system; Modernizing the land information system; Improving the quality of staff work and Information dissemination solutions.

Từ khóa: Issuing LUR Certificates, Land registration, Hạ Long City.

I. INTRODUCTION

Issuing Land Use Rights (LUR) Certificates, ownership of residential houses, and other assets attached to the land (collectively referred to as LUR Certificates) is one of the key aspects of state land management and serves as state assurance of land use rights as stipulated in the 2013 Land Law [3]. In recent times, localities across the country have endeavored to fulfill the task of issuing LUR Certificates, but the results achieved have varied. These outcomes depend on various factors such as the registration process, procedures for issuing certificates, and the implementation capacity of each locality [4].

Hạ Long City is the economic, political, cultural, commercial, and service center and hosts the central administrative organs of Quảng Ninh Province [6]. Recently, the land registration and issuance of LUR Certificates in Hạ Long City have achieved significant results. However, the locality has also faced numerous difficulties in resolving land disputes, managing land use changes, and building a land information database. Therefore, assessing the current status of LUR Certificate issuance, identifying influencing factors, and proposing solutions to improve the efficiency of LUR Certificate issuance activities in Hạ Long City is extremely necessary.

II. RESEARCH METHODOLOGY

1. Document Collection Method

Secondary data were collected from the Department of Natural Resources and Environment, the Statistics Department, and the branch of the Land Registration Office in Hạ Long City; from the online systems of the People’s Committee of Hạ Long City and Quảng Ninh Province for the period 2020-2022.

Primary data collection method: The research conducted consultations with 30 officers directly involved in issuing LUR Certificates at the Land Registration Office (10 people), the city’s Department of Natural Resources and Environment (10 people), and local cadastral officers to understand the advantages, difficulties, and factors affecting the process of issuing LUR Certificates.

2. Statistical Methods and Data Processing

The collected data were compiled and organized for comparison and analysis using various methods. Qualitative and quantitative factors were combined for analysis and comparison using charts and data tables.

The study used the Likert scale to evaluate the factors affecting the issuance of LUR Certificates with the indicators shown in Table 1. The average Likert scores were calculated from a total of 30 questionnaires, specifically:

where:

– a is the interval

– n is the level of the scale

– Max is the highest value (Max = 5)

– Min is the lowest value (Min = 1)

Table 1. Likert scale evaluation indicators

Source: [2]

III. RESEARCH RESULTS AND DISCUSSION

1. Results of issuing Land Use Rights (LUR) Certificates for the period 2020 – 2022

Table 2. Summary of LUR Certificates issuance results for the period 2020-2022

Source: [1]

According to statistical data as of 31/12/2022, the total natural area of Hạ Long City is 112,133.44 ha, of which agricultural land is 84,341.42 ha, accounting for 75.21% of the total natural area. Non-agricultural land accounts for 21.64%, and unused land accounts for 3.15% [5].

Among the 84,341.42 ha of agricultural land, the area of forestry land accounts for 89.83% of the agricultural land, agricultural production land and aquaculture land account for 5.58% and 2.05% of the total natural area, respectively. In the area of non-agricultural land, residential land covers 1,989.04 ha, including urban residential land of 1,602.13 ha and rural residential land of 386.91 ha. This is the area that needs to be declared and registered for LUR Certificates for households and individuals in the city.

During the 2020-2022 period, a total of 24,760 files with 928.87 ha were registered for land, and LUR Certificates were issued. Among them, 21,662 files (87.49%) with an area of 724.5 ha were granted [1]. The issuance of LUR Certificates in all 33 wards and communes reached over 80% of the number of files. Hồng Gai, Hồng Hà, and Tuần Châu wards are the three localities with the highest issuance rates, with 619/651 files (95.08%); 605/647 files (93.51%), and 974/1041 files (93.56%), respectively. The remaining 19 wards have an issuance rate of nearly 88%, and for the 12 communes, the average result is 83%.

Besides the achievements in issuing LUR Certificates, during this period there are still some unresolved files (1,173 files) due to various reasons such as lack of documentation, unfulfilled financial obligations, and land disputes.

2. Factors affecting the issuance of Land Use Rights (LUR) Certificates

2.1. Legal Policy Group

The policy group plays an important role in the issuance of LUR Certificates, including land policy, support policies, and social policies. The results in Table 3 show that the Likert score ranges from 4.10 to 4.30, demonstrating the importance of legal policies in the issuance of LUR Certificates. The land policy with a Likert score of 4.30 indicates that the regulations of the 2013 Land Law, such as the financial obligations of land users when issuing LUR Certificates, especially the high registration fee, which exceeds the capability of most households, significantly impact the issuance of LUR Certificates.

Support policies will assist residents in fulfilling financial obligations in the process of issuing LUR Certificates. Additionally, social policies also play a macro role of the state and have a significant influence on the issuance of LUR Certificates in Hạ Long City in particular and Quảng Ninh Province in general.

Table 3. Legal policy group affecting the issuance of LUR Certificates

Source: Compilation from 2022 survey questionnaires

2.2. Factors related to land users

Table 4. Factors related to land users

Source: Compilation from 2022 survey questionnaires

The results in Table 4 show that the Likert Score (4.03) for legal knowledge of land laws, sub-law documents, and policy guidelines helps facilitate the process of issuing LUR Certificates. This content depends on the education level in each area of the city (3.83).

Many residents still do not fully grasp the legal regulations related to the issuance of certificates, with many cases not proactively completing registration procedures, leading to delays. Meanwhile, policies and land laws related to resolving pending cases, fulfilling financial obligations, and changes in residential land use limits have been altered. The income level factor with a Likert Score (3.63) indicates that residents are concerned about their income level when performing the issuance of LUR Certificates.

2.3. Factors related to the process and organization of the implementation

The results in Table 5 show that the Likert Score of this factor group has a significant impact on the issuance of LUR Certificates, specifically: process and documentation (4.13); service attitude (4.07); and implementation time (3.97). Therefore, to effectively carry out this task, the process and documentation need to be clear, simple, and easy to understand. Additionally, the spirit and attitude of public officials and employees also directly affect land management in general and the issuance of LUR Certificates in particular. Thus, building a team of qualified, professional, and dedicated staff is a prerequisite to facilitate the issuance of LUR Certificates.

Table 5. Factors related to the process and organization of the implementation

Source: Compilation from 2022 survey questionnaires

2.4. Some existing limitations

Complex procedural and legal system: The excessive number of procedures creates conflicts in some regulations. Additionally, the registration procedures take a lot of time for the residents to complete and for the officers to process the work.

Public understanding: Residents find it difficult to implement the procedures and consider them too complicated and time-consuming. This complexity is partly due to insufficient coverage of procedural guidelines in public communication efforts.

Human resources and expertise: One of the reasons for the suboptimal operational efficiency is the lack of synchronization between the number of land registration officers and the large number of files and extensive registration area in Hạ Long City, especially in rural areas. This is clearly reflected in the inverse relationship between the number of files and the number of certificates issued.

3. Solutions to improve the efficiency of issuing Land Use Rights (LUR) Certificates in Hạ Long City

3.1. Completing and synchronizing the land law system

It is necessary to improve land laws towards reducing procedures and shortening the time for the process of issuing LUR Certificates and ensuring that the procedures are public and transparent on electronic information portals. Direct the review of obstacles and inadequacies related to the regulations, processes, and administrative procedures for issuing LUR Certificates, promptly adjust according to authority, or propose higher authorities to adjust to ensure appropriateness, convenience, and shortened time and process. Additionally, the law should have mandatory regulations for conducting transactions through online systems. This implementation will help limit and prevent harassment and difficulties for residents when carrying out the issuance of LUR Certificates.

3.2. Modernizing the land information system

Focus on building a modern, synchronized land database system, interconnected with other sectors and fields, and create favorable conditions for land users to exercise their rights and obligations as prescribed. Additionally, it is necessary to complete the land information system based on basic technology platforms applied in the processing procedure. The system should include features and solutions ensuring safety and security for interconnected connections and sharing of land data managed by central and local authorities, helping to provide convenient public services for residents and businesses.

3.3. Improving the quality of staff work

It is necessary to enhance the quality of law enforcement officers in general and the work of issuing LUR Certificates in particular. Strengthen training and retraining to improve the qualifications, and promptly update the system of legal documents related to the issuance of LUR Certificates for cadastral officers. It is necessary to strengthen the inspection and supervision of the issuance of LUR Certificates, strictly handle violations. Establish and announce a hotline to receive feedback and suggestions from the public.

3.4. Information dissemination solutions

It is necessary to enhance the dissemination and popularization of land laws in various forms so that residents are aware of the rights and obligations of land users in registering and issuing LUR Certificates. The dissemination work in the community must be conducted regularly and continuously through various forms and different information channels.

IV. CONCLUSION

During the 2020-2022 period, a total of 24,760 files with 928.87 ha were registered for land and LUR Certificates were issued. Among them, 21,662 files (87.49%) with an area of 724.5 ha were granted. Hồng Gai, Hồng Hà, and Tuần Châu Wards are the three localities with the highest issuance rates, with 619/651 files (95.08%); 605/647 files (93.51%); and 974/1041 files (93.56%), respectively.

The factors affecting the issuance of LUR Certificates include the legal policy group (Likert Scores ranging from 4.10 to 4.30); the group of factors related to land users (Likert Scores ranging from 3.63 to 4.03); and the group of factors related to the process and organization of the implementation (Likert Scores ranging from 3.97 to 4.13).

The process of issuing LUR Certificates still faces some existing limitations. The study has proposed several solutions to improve the efficiency of LUR Certificate issuance in the city, including: completing and synchronizing the land law system; modernizing the information system; improving the quality of staff work; and information dissemination solutions.

References

1. Department of Natural Resources and Environment of Hạ Long City (2020-2022), Report on the work of issuing Land Use Rights Certificates over the years.
2. Likert (1932), A technique for the measurement of attitudes.
3. National Assembly of the Socialist Republic of Vietnam (2013), the 2013 Law on Land, National Political Publishing House.
4. Trần Thanh Đức (2019), Evaluation of land registration and issuance of Land Use Rights Certificates for households and individuals in Phú Yên Province, Journal of Agriculture and Rural Development, 17, 143–148.
5. People’s Committee of Hạ Long City (2022), Land Statistics Report for 2021.
6. People’s Committee of Hạ Long City (2021), Land Use Planning Report for the period 2021-2030 and the first-year land use plan.

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“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.”

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