EVALUATION OF THE OPERATIONS OF THE LAND REGISTRATION OFFICE IN ĐỒNG NAI PROVINCE DURING THE PERIOD 2020-2023
EVALUATION OF THE OPERATIONS OF THE LAND REGISTRATION OFFICE IN ĐỒNG NAI PROVINCE DURING THE PERIOD 2020-2023
Phan Trọng Thế
Đồng Nai Branch, Vietnam National University of Forestry
Nguyễn Sỹ Hà
Vietnam National University of Forestry
Đỗ Thế Sơn
Hồ Chí Minh City University of Natural Resources and Environment
Abstract:
This study aims to evaluate the current status and propose solutions to enhance the operational efficiency of the Land Registration Office (LRO) in Đồng Nai Province. A survey was conducted with 120 land users (LU) who came to work at the LRO using a random sampling method.
A 5-point Likert scale was used to assess the activities of the LRO. The research results show that the LRO in Đồng Nai Province lacks equipment and machinery; its office space is cramped; and it has not regularly updated its records. LU evaluated the activities of the LRO at a fairly high level with 3 out of 8 criteria rated at a very high level and 5 out of 8 criteria rated at a high level. Civil servants and officials evaluated the activities of the LRO at a fairly high level with 7 out of 8 criteria rated at a very high level and 1 out of 8 criteria rated at a high level.
To enhance the operational efficiency of the LRO, the following solutions are necessary: strengthening state management of land, promoting the application of information technology, improving physical infrastructure, enhancing the quality of human resources, increasing the management of updating and editing cadastral records, and strengthening the dissemination and popularization of legal knowledge.
Keywords: Land registration, land users, Đồng Nai Province, Land Registration Office.
I. INTRODUCTION
Land Registration (LR), housing, and other assets attached to the land involve declaring and recording the legal status of land use rights (LUR), housing ownership, and other assets attached to the land, as well as the management rights over a parcel of land in the cadastral records (CR). This is an important tool to protect the interests of the State, the community, and citizens in land use (LU). According to Article 95 of the 2013 Law on Land, LR is a mandatory procedure for land users (LU) and individuals assigned land for management (National Assembly of the Socialist Republic of Vietnam, 2013) [1].
Currently, one of the common issues in land management is the incomplete state of the land database (LDB) and land information system (LIS) [2, 3]. Đồng Nai is located in the Southeast region, with a natural area of 589,775 hectares, accounting for about 1.79% of the country’s area and approximately 19.40% of the Southern Key Economic Region’s area. The LRO of Đồng Nai Province officially started operating at a single level from June 30, 2014, according to Decision No. 518/QĐ-UBND with 17 assigned functions and tasks.
Annually, tens of thousands of migrant workers come to Đồng Nai Province, causing the province’s population to increase rapidly, leading to a high demand for land registration and numerous land recovery projects, thus putting pressure on the resolution of administrative procedures related to land [4, 5]. The LRO of Đồng Nai Province has over 840 employees and labor contracts, which is many times higher than LROs in other provinces in the region. The cadastral database of Đồng Nai Province is considered the most modern in the country, necessitating an evaluation of the LRO’s performance, identification of influencing factors, and proposal of remedial solutions [6].
This study aims to identify the existing issues affecting the LRO’s operations in Đồng Nai Province to propose solutions for improving its performance.
II. RESEARCH METHODOLOGY
– Research site selection method: Two branches were selected for investigation. The Bien Hoa City LRO branch represents district-level administrative units with strong economic development. The Tan Phu District LRO branch represents administrative units with lower economic development.
– Data collection method: Secondary data was collected from the Provincial Department of Natural Resources and Environment, the Provincial LRO, the Department of Natural Resources and Environment, the Bien Hoa City LRO branch, the Tan Phu District LRO branch, and previous studies. Primary data was collected in 2023. To ensure statistical reliability, 120 land users (LU) were surveyed, with the criteria for land user surveys presented in Table 5 (8 criteria), and 45 officials with over 5 years of experience were surveyed according to 8 criteria (Table 4). A random sampling method was used for land users who had worked at the Provincial LRO and its branches at least once during the period 2020-2023.
– Data processing method: Data was processed using Excel. The activities of the Đồng Nai Provincial LRO were evaluated by comparing operational results with the assigned functions and tasks. A 5-point Likert scale was used to assess the activities of the Đồng Nai Provincial LRO. The overall evaluation index is the weighted average of the number of respondents and the coefficient of each level. The general rating scale is: very high: ≥ 4.20; high: 3.40 – < 4.20; average: 2.60 – < 3.40; low: 1.80 – < 2.60; very low: < 1.80.
III. RESEARCH RESULTS AND DISCUSSION
- Current Status of the Operations of the Land Registration Office in Đồng Nai Province
1.1. Organizational Structure and Operating Mechanism of the Land Registration Office
The organizational structure includes the Office leadership, 6 departments and teams, and 11 affiliated branches located in districts, Long Khanh City, and Bien Hoa City. The total number of staff at the LRO is 843 people, with 154 at the provincial LRO and 689 at the branches. Among the 843 employees, 666 have a professional qualification of university level or higher, and 177 have other qualifications.
The Đồng Nai Provincial LRO has assigned tasks to each officer, civil servant, and employee according to their job position. This is relatively consistent with the job position scheme and professional title of the public non-business unit.
The current equipment of the LRO includes 748 computers (17 servers and 731 workstations); 181 printers (1 A0 printer); 43 photocopy machines; 74 surveying machines; and 164 scanners.
1.2. Results of the Operations of the Land Registration Office in Đồng Nai Province
– Reception and processing of administrative procedure records.
During the period 2020-2023, the Đồng Nai Province system received a total of 1,298,242 records from organizations, religious establishments, households, and individuals. Out of these, 1,270,279 records were processed and results were returned. The number of records processed on time was 1,243,690, accounting for 97.91%, while 4,724 records were completed late, accounting for 2.09%.
Table 1. Situation of Reception of Administrative Procedure Records (Unit: Records)
No. | Criterion | 2020 | 2021 | 2022 | 2023 | Total | ||||
Organization | Individual | Organization | Individual | Organization | Individual | Organization | Individual | |||
1 | Number of records received | 3,311 | 261,892 | 3,499 | 357,715 | 3,028 | 361,513 | 2,587 | 304,697 | 1,298,242 |
| Registration records for first issuance of LUR Certificate | 113 | 8,519 | 306 | 10,325 | 285 | 9,198 | 365 | 7,183 | 36,294 |
| Registration records for changes | 3,198 | 253,373 | 3,193 | 347,390 | 2,743 | 352,315 | 2,222 | 297,514 | 1,261,948 |
2 | Number of records processed | 3,198 | 257,029 | 3,398 | 350,743 | 2,933 | 352,625 | 2,117 | 298,236 | 1,270,279 |
| On-time | 3,156 | 251,124 | 3,353 | 342,073 | 2,889 | 344,767 | 2,102 | 294,226 | 1,243,690 |
| Late | 42 | 5,905 | 45 | 8,670 | 44 | 7,858 | 15 | 4,010 | 26,589 |
3 | Number of direct transactions (DT) | 5,836 | 34,716 | 6,892 | 43,574 | 7,011 | 37,633 | 2,040 | 8,982 | 146,684 |
Source: Đồng Nai Provincial LRO
During the period 2020 – 2023, the total number of registration records for the first issuance of Land Use Rights Certificates (LUR Certificate) was 36,294 records, with the majority being household individual records at 35,225, accounting for 97.05%. The remaining 2.95% were organizational records.
The number of registration records for changes in Đồng Nai Province was 1,261,948 records, accounting for 97.20% of the total number of records received. The on-time record rate during this period was generally above 97% every year. In particular, in 2023, the on-time record rate for organizations was 99.29%, and for individuals, it was 98.66%. The highest number of late records was in 2020, with 5,905 records, accounting for 2.35% of individual records. The highest number of late records for organizations was in 2021, with 44 records, accounting for 1.50%.
– Implementation of registration for secured transactions by land use rights (LUR), housing ownership, and other assets attached to the land according to legal regulations.
Table 2. Results of Registration for Secured Transactions by Land Use Rights according to Legal Regulations at Đồng Nai Provincial LRO (Unit: transactions)
Records | 2020 | 2021 | 2022 | 2023 | Total | Percentage (%) |
| 168,873 | 164,048 | 180,673 | 201,346 | 714,940 | 100 |
Registration for secured transactions | 78,915 | 89,865 | 101,009 | 121,222 | 391,011 | 54.69 |
Deregistration of secured transactions | 88,032 | 71,970 | 77,389 | 77,812 | 315,203 | 44.09 |
Registration of changes to secured transactions | 1,021 | 1,103 | 1,140 | 1,278 | 4,542 | 0.64 |
Provision of information on secured transactions | 891 | 1,098 | 1,121 | 1,022 | 4,132 | 0.58 |
Handling of secured transaction assets | 14 | 12 | 14 | 12 | 52 | 0.01 |
Source: Đồng Nai Provincial LRO
The total number of registrations for secured transactions during the period 2020-2023 was 714,940 transactions, with the highest being registration for secured transactions with 391,011 transactions, accounting for 54.69%. Deregistration of secured transactions accounted for 44.09% with 315,203 transactions, while handling of secured transaction assets was the lowest with 52 transactions, accounting for 0.01%.
Registration for secured transactions at the LRO is primarily resolved on the day the records are received. This reflects the efforts in administrative procedure reform (APR) in the land sector in the province over the past period.
– Operation and construction of the land database: To date, the cadastral database construction has been completed for 1,765,528 parcels (173,353 parcels for organizations and 1,592,175 parcels for households and individuals) across 170 communes out of 170 communes.
Cadastral records have been established for 3,760,711 records (114,032 organizational records and 3,646,679 household and individual records).
The establishment of electronic cadastral books: Electronic cadastral books have been established for 1,264,367 parcels out of 1,805,678 parcels in the entire province, achieving a rate of 70.02%. Since 2020, the LRO has updated 3,760,711 entries into the cadastral database.
– Results of fee and charge collection according to regulations at the Đồng Nai Provincial Land Registration Office.
The total amount of fees and charges collected according to regulations at the Đồng Nai Provincial LRO during the period 2020-2023 was very high, amounting to VND 746,844,354 thousand. The highest amount was collected in 2023, reaching VND 214,044,107 thousand. The main revenue source was from the appraisal fees for LUR Certificate issuance, which was the highest at VND 405,850,604 thousand, accounting for 54.34%. The lowest revenue was from the exploitation and use fees of the land database, amounting to VND 19,598,835 thousand, accounting for 2.62%.
Table 3. Results of Fee and Charge Collection According to Regulations at the Đồng Nai Provincial LRO (Unit: thousand VND)
No. | Description | 2020 | 2021 | 2022 | 2023 | Total | Percentage (%) |
1 | Appraisal fees for LUR Certificate issuance | 95,568,437 | 82,357,645 | 104,958,320 | 122,966,202 | 405,850,604 | 54.34 |
2 | Exploitation and use fees of the land database | 5,537,813 | 4,226,601 | 3,614,822 | 6,219,599 | 19,598,835 | 2.62 |
3 | Secured transaction fees | 12,064,370 | 24,286,294 | 32,713,296 | 32,709,448 | 101,773,408 | 13.63 |
4 | LUR Certificate issuance fees | 7,294,727 | 8,100,057 | 5,699,969 | 7,487,661 | 28,582,414 | 3.83 |
5 | Land surveying services | 56,443,046 | 54,750,121 | 35,184,729 | 44,661,197 | 191,039,093 | 25.58 |
Tổng | 176,908,393 | 173,720,718 | 182,171,136 | 214,044,107 | 746,844,354 | 100 | |
Source: Đồng Nai Provincial LRO
1.3. Evaluation of the Operations of the Land Registration Office in Đồng Nai Province
Table 4 summarizes the survey results of civil servants and officials, showing that 7 out of 8 criteria were rated at a very high level. These criteria include: publicity of administrative procedures (APR), working conditions, physical infrastructure, processing time of records, guiding documents, coordination among relevant parties, and the number of staff working at the LRO. One out of 8 criteria was rated at a high level, which is the legal knowledge about land of the people.
Table 4. Evaluation of Officials on the Operations of the Đồng Nai Provincial LRO
Evaluation Level | |||||||||||
Criterion | Very Good | Good | Average | Poor | Very Poor | Overall Rating | |||||
Quantity | Percentage (%) | Quantity | Percentage (%) | Quantity | Percentage (%) | Quantity | Percentage (%) | Quantity | Percentage (%) | ||
1. Publicity of APR | 25 | 55.56 | 15 | 33.33 | 5 | 11.11 | – | – | – | – | 4.4 |
2. Working conditions | 25 | 55.56 | 14 | 31.11 | 6 | 13.33 | – | – | – | – | 4.4 |
3. Physical infrastructure | 22 | 48.89 | 18 | 40.00 | 5 | 11.11 | – | – | – | – | 4.4 |
4. Processing time of records | 18 | 40.00 | 17 | 37.78 | 10 | 22.22 | – | – | – | – | 4.2 |
5. Coordination of activities | 21 | 44.67 | 18 | 40.00 | 6 | 13.33 | – | – | – | – | 4.3 |
6. Guiding documents | 18 | 40.00 | 17 | 37.78 | 10 | 22.22 | – | – | – | – | 4.2 |
7. Legal knowledge about land of the people | 15 | 33.33 | 17 | 37.78 | 13 | 28.89 | – | – | – | – | 4.0 |
8. Number of staff working at the LRO | 20 | 44.44 | 18 | 40.00 | 7 | 15.56 | – | – | – | – | 4.3 |
(Source: Compiled from survey questionnaires)
The operations of the Land Registration Office (LRO) in Đồng Nai Province were evaluated through feedback from 120 land users (LU) (40 household/individual representatives in Bien Hoa City, 40 in Tan Phu District, and 40 organization representatives) who worked at the LRO at least once during the period 2020-2023. The results are shown in Table 5.
Table 5. Evaluation of Land Users on the Operations of the LRO
Evaluation Criteria | Biên Hòa City | Tân Phú District | Organization Representatives | Overall Average |
1. Publicity of APR | 4.2 | 4.2 | 4.3 | 4.23 |
2. Procedure implementation process | 4.3 | 4.2 | 4.2 | 4.23 |
3. Physical infrastructure | 4.4 | 4.1 | 3.8 | 4.10 |
4. Attitude of officials when receiving records | 4.1 | 3.9 | 4.1 | 4.03 |
5. Fee and charge collection | 4.4 | 4.1 | 4.2 | 4.23 |
6. Result processing time | 4.2 | 3.9 | 4.1 | 4.07 |
7. Reception of public feedback | 4.1 | 4.1 | 3.9 | 4.03 |
8. Accessibility of services | 3.9 | 3.9 | 4.0 | 3.93 |
(Source: Compiled from survey questionnaires)
The results in Table 5 show that 3 out of 8 criteria were rated at a very high level, which include the publicity of administrative procedures (APR), the procedure implementation process, and the fee and charge collection (overall average > 4.20 points). The remaining 5 out of 8 criteria were rated at a high level. For land users in Bien Hoa City, 5 out of 8 criteria were rated at a very high level, while the remaining 3 out of 8 criteria were rated at a high level.
- General Evaluation of the Operations of the Land Registration Office in Đồng Nai Province
2.1. Achievements
The LRO has essentially completed the issuance of LUR Certificates for LU. It has established a management system for records and databases in a unified modernization direction, actively supporting state management of land, promoting administrative reform, enhancing competitiveness, and improving the investment environment, turning the potential advantages of natural resources and the environment into a driving force for the province’s socio-economic development.
The LRO staff is flexibly deployed among departments to support task completion, addressing difficulties and enhancing the effective use of existing personnel. The LRO has invested in equipment systems, ensuring regular performance of specialized tasks. Coordination has been continuous, facilitating the process of handling specialized tasks such as establishing CR and constructing cadastral databases.
2.2. Limitations
New technical equipment meets the minimum operational requirements but does not fully satisfy the needs, especially information technology equipment for constructing, managing, and operating databases. The removal of the LRO from district-level management poses difficulties in the initial issuance of LUR Certificates for households and individuals.
Coordination between the LRO and related agencies is not tight, causing delays in processing records at the Department of Natural Resources and Environment and the Tax Department. There is no server system for data management and database construction; updates to land changes have not been regularly implemented.
- Proposing Solutions to Enhance the Efficiency of the Land Registration Office in Đồng Nai Province
3.1. Mechanism and Policy Solutions
Review and ensure consistency among the Law on Land, the Civil Code, and the Law on Notarization regarding the timing of transfer and the effectiveness of the transfer contract. According to Clause 3, Article 188 of the 2013 Law on Land, the transfer of land use rights must be registered with the land registration authority and takes effect from the time of registration in the cadastral book.
Clause 1, Article 5 of the 2014 Law on Notarization stipulates that: “A notarized document is effective from the date it is signed by a notary and sealed by the notarial practice organization.” Clause 1, Article 401 of the 2015 Civil Code states: “A legally concluded contract takes effect from the time of conclusion, except where otherwise agreed or otherwise provided by relevant laws.”
3.2. Technical, Technological, and Material Infrastructure Solutions
The LRO needs to provide sufficient computers, printers, desks, and chairs according to regulations. For storage areas still holding backlogged records from mass registration rounds at wards and communes, it is proposed to consolidate and classify records into the following types: records with signed LUR Certificates, records that do not meet the resolution conditions, and records that meet the resolution conditions.
It is necessary to arrange a headquarters with sufficient and separate storage space for cadastral records (CR), equipped with all necessary conditions and equipment for regular storage, exploitation, and updating of CR in accordance with regulations.
3.3. Solutions to Improve Service Attitude and Human Resource Quality
The operations of the Đồng Nai Provincial LRO are closely linked to the activities of the provincial one-stop-shop reception and result delivery unit. Therefore, to enhance the efficiency of the LRO’s operations, improving the service attitude of the reception staff is essential.
Building trust and creating satisfaction in the relationship between officials and the public will greatly influence the public’s mindset when coming to perform transactions.
3.4. Solutions to Strengthen Coordination Regulations
Effectively implement decentralization and delegation of specific tasks to each LRO and enhance close coordination among departments to address related procedures. Adjust internal spending regulations and working regulations in accordance with State regulations and the actual situation of the LRO.
IV. CONCLUSION
The organizational structure is appropriate with good infrastructure according to the evaluation of civil servants and employees. However, the technical department area does not meet the standard, the computer system is quite old and low in configuration, not meeting the requirements. Technical equipment still does not meet operational needs, especially information technology equipment.
Regarding operational status, during the period 2020-2023, the total number of registration records for the first issuance of LUR Certificates was 36,294, mainly household individual records with 35,225, accounting for 97.05%, while organizational records accounted for a very small percentage of 2.95%. The number of registration records for changes was 1,261,948, accounting for 97.20% of the total records received. The total number of registrations for secured transactions during the period 2020-2023 was 714,940, with the highest being registration for secured transactions with 391,011 transactions, accounting for 54.69%.
Regarding evaluation results from officials and the public: According to officials, 7 out of 8 criteria were rated at a very high level; 1 out of 8 criteria was rated at a high level. According to land users, 3 out of 8 criteria were rated at a very high level, including the publicity of APR, the procedure implementation process, and the fee and charge collection, which were highly rated by the public. The remaining 5 out of 8 criteria were rated at a high level.
Regarding proposed solutions: To enhance the efficiency of the LRO’s operations, the following solutions should be implemented: mechanism and policy solutions, technical, technological, and material infrastructure solutions, solutions to improve service attitude and human resource quality, and solutions to strengthen coordination regulations.
References
- National Assembly of the Socialist Republic of Vietnam (2013). The 2013 Law on Land. Map Publishing House.
- Central Executive Committee (2022). Resolution No. 18-NQ/TW dated June 16, 2022, on continuing to innovate, improve institutions and policies, enhance efficiency and effectiveness in land management and use, and create momentum for our country to become a high-income developed country.
- Ministry of Natural Resources and Environment, Ministry of Home Affairs, and Ministry of Finance (2015). Joint Circular No. 15/2015/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure, and operation mechanism of the LROs under the Department of Natural Resources and Environment.
- Department of Natural Resources and Environment of Đồng Nai Province (2023). Land Statistics Report of Đồng Nai Province in 2023.
- People’s Committee of Đồng Nai Province (2023). Report on the socio-economic development situation in 2023, development orientation for 2024.
- Đồng Nai Provincial LRO, Annual Activity Summary Report (2020, 2021, 2022, 2023).
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