ASSESSMENT OF LAND USE RIGHTS REGISTRATION RESULTS IN LONG KHÁNH CITY, ĐỒNG NAI PROVINCE, PERIOD 2020 – 2023

ASSESSMENT OF LAND USE RIGHTS REGISTRATION RESULTS IN LONG KHÁNH CITY, ĐỒNG NAI PROVINCE, PERIOD 2020 – 2023

ASSESSMENT OF LAND USE RIGHTS REGISTRATION RESULTS IN LONG KHÁNH CITY, ĐỒNG NAI PROVINCE, PERIOD 2020 – 2023

Phan Trọng Thế

Mai Thị Huyền

Đồng Nai Campus, Vietnam National University of Forestry

Nguyễn Sỹ Hà

Vietnam National University of Forestry

Hà Tấn Lộc

Đồng Nai Province Land Registration Office

Abstract:

The research results indicate that in the period from 2020-2023 in Long Khánh City, there were a total of 46,246 applications for land use rights registration (LR). Among these, the highest number of applications was for mortgage and mortgage cancellation, with a total of 22,573 applications. This was followed by applications due to the transfer of land use rights (20,029 applications) and several other types of changes, such as changes due to land use purpose conversion and state land acquisition to serve the local socio-economic development projects.

Administrative procedures (AP) were primarily rated as normal (over 51.67%). The legal documents (LD) related were perceived by land users as partially known (61.67%). Most information sources were accessed online (43.33%) or at the Land Registration Office (35%). Infrastructure was rated as good (75%), while fees and charges were rated as normal (50%). Moreover, the process of registering land changes still has some limitations that need to be addressed to improve land change registration in Long Khánh City.

Keywords: land use changes, registration of changes, applications, Long Khánh City.

I. INTRODUCTION

Long Khánh City is located in the eastern part of Đồng Nai Province, 47km from Biên Hòa City, 75km from Vũng Tàu City, and 72km from Ho Chi Minh City. Annually, tens of thousands of migrant workers come to Long Khánh, causing a rapid increase in the city’s population, which puts pressure on infrastructure, employment, and land use changes.

Land use changes must be implemented and registered by land users when there are changes in the land use process, including changes in land use rights, land users, and land plots. Land use rights registration is the recording in the cadastral records of ownership rights to properties attached to the land for a specific plot and the issuance of the Land Use Rights Certificate (LUR Certificate) for properties attached to that plot to officially establish the rights and obligations of the property owner [1].

Currently, the process of land use rights registration in Long Khánh is conducted with various and diverse types of changes. The assessment of registration applications is convenient and fast, as there is no need to search for paper records (this issue is always handled in the system) [2]. However, there are still some limitations in the process. Therefore, researching the results of land use rights registration in Long Khánh is very necessary. This research provides a basis for improving the effectiveness of land use rights registration and the state management of land in Long Khánh City.

II. RESEARCH METHODS

– Data collection methods: Data on natural conditions, socio-economic conditions, current land use status, and land use rights registration results were collected from the functional departments of Long Khánh City and published specialized journals. The study designed a survey questionnaire to interview land users (LR) who registered land use changes during the period 2020-2023.

The collected information mainly includes: general information about land users, evaluation criteria related to the process of land use rights registration by the people: administrative procedures (AP); relevant legal documents (LD); infrastructure and facilities at the AP reception area; fees and charges; professional qualifications and capacities of the staff. To ensure the sample size, the study interviewed 120 land users who registered land use changes in Long Khánh during the period 2020-2023.

– Methods of statistics, synthesis, analysis, and data processing: The collected data was summarized in Excel tables, comparing land use rights registration results over the years from 2020-2023. It compared land users’ evaluations of the land use rights registration process across evaluation criteria and reflected the land use rights registration results in Long Khánh. Based on this, the study proposed several solutions to overcome difficulties and improve land use rights registration results in Long Khánh.

III. RESEARCH RESULTS AND DISCUSSION

1. Land use rights registration results in Long Khánh City for the period 2020-2023

During the period from 2020 to 2023, the total number of land use rights registration (LR) cases in the city was 46,246 applications. Among these, Xuân An Ward and Xuân Thanh Ward had the highest number of registration cases, with 4,491 and 4,423 applications respectively. These areas are located in the central part of Long Khánh, have large land areas, and are near industrial zones.

Specifically, Xuân An Ward is close to the city center, with a high concentration of residents, commercial units, schools, and healthcare facilities, leading to a high demand for land transfers, mortgages, and mortgage cancellations. On the other hand, some wards, such as Xuân Tân Ward and Bình Lộc Commune, had a lower number of registration cases.

Among the registration cases, the majority were mortgage and mortgage cancellation cases, totaling 22,573 applications.

Table 1. Summary of land use rights registration applications in Long Khánh City

Unit: Applications

Source: Long Khánh City Land Registration Office

2. Evaluation of land users on the process of land use rights registration in Long Khánh City

2.1. Evaluation of the administrative procedure process

The results in Table 2 show that the implementation of land use rights registration (LR) must comply with the regulations of the Provincial People’s Committee. However, during the implementation process, residents have provided specific feedback, based on which the local government has directions for adjustment and improvement to protect the rights and interests of land users.

A total of 51.67% of land users rated the procedure for preparing LR applications as normal, 25.83% rated it as simple, and 22.5% rated it as complicated. The cases rated as difficult were mainly related to LR applications for land use purpose conversion and parcel division and merger, as well as for households undergoing changes due to state land acquisition. Regarding the components of LR applications, 15% of land users still rated them as complicated, especially for households implementing land use purpose conversion; parcel division and merger, and issuance, reissuance of land use rights.

Table 2. Summary of land users’ opinions on administrative procedures

Source: Summary from survey questionnaires

2.2. Evaluation of relevant legal documents

Table 3. Summary of land users’ understanding of land use rights registration

Source: Summary from survey questionnaires

In Đồng Nai Province, the system of documents related to land registration is very strict and consistent. However, due to different levels of education among residents, their evaluations of understanding vary, with 61.67% of the total evaluations being partially aware. Additionally, the process of finalizing land use rights registration at localities still involves checks and verifications by specialized staff. Most land users primarily seek information through Internet searches (52%). To effectively implement land use rights registration, it is necessary to comply with legal norms, especially local regulations related to administrative procedures in land registration.

Table 4. Summary of land users’ opinions on legal documents related to land use rights registration

Source: Summary from survey questionnaires

The process of land use rights registration (LR) in Đồng Nai Province is implemented according to the guidelines in Decision No. 4217/2021/QĐ-UBND dated October 8, 2021, of the Provincial People’s Committee. Therefore, 74.17% of land users rated the legal documents as being transparent and publicly available online. Additionally, residents’ assessments also show that 61.70% of land users found the legal documents to be suitable for the city’s reality.

2.3. Evaluation of infrastructure and facilities at the administrative procedure reception area

During the land use rights registration (LR) process, infrastructure and facilities play a crucial role, especially computer systems and workspaces (Table 5).

Table 5. Summary of land users’ opinions on infrastructure and facilities at the administrative procedure reception area

Source: Summary from survey questionnaires

The percentage of residents rating the office location as convenient is 78.30%. The current work area is equipped with new computer systems and facilities, which are continually being updated. The residents’ evaluation of the equipment is quite good, with 75% of land users rating it as good.

The application of information technology in land registration to manage and exploit the land database is currently being given significant attention and investment by Đồng Nai Province.

2.4. Evaluation of fees and charges

Fees and charges are always a concern for land users (LR), sometimes determining whether they will proceed with their LR applications. Therefore, public opinion was also gathered regarding fees and charges during the LR process (Table 6).

Table 6. Summary of land users’ opinions on fees and charges

Source: Summary from survey questionnaires

When asked about the level of fees and charges, 37.5% of residents considered them high. Additionally, 50% of respondents felt that the suitability of fees and charges for each type of land use change needed adjustment, and 12.5% felt it was not suitable.

The study showed that most residents found the process of paying fees and charges convenient. Especially with the support of banks, paying taxes has become quicker and more convenient through e-banking systems.

2.5. Evaluation of professional qualifications and staff competency

Table 7. Summary of land users’ opinions on the professional qualifications and competency of staff

Source: Summary from survey questionnaires

Most residents rated the local staff as having good understanding and expertise in their field, with 62.5% giving positive evaluations. During the process of LR applications, staff demonstrated respect, good communication skills, and were enthusiastic and dedicated in providing detailed guidance and support to help residents understand the contents of their LR applications, with 73.33% of residents rating this aspect as good. The evaluations of the residents on the team of staff handling LR show that specialized staff possess good spirit and responsibility in their work.

3. Proposed solutions to improve the effectiveness of land use rights registration in Long Khánh City

3.1. Advantages

Land use rights registration (LR) is a mandatory administrative procedure (AP) for land users when there are land use changes, thus receiving the direction and attention of the local government through the issuance of relevant legal documents (LD). The locality has a complete land database management software.

3.2. Challenges

– Administrative procedures (AP): Some LR procedures involve multiple functional departments, making the registration process cumbersome and time-consuming, especially in handling backlog applications.

– Infrastructure and facilities: The equipment has been invested in for a long time, resulting in slow system access. Additionally, slow network transmission also delays the progress of updating and retrieving information by the staff handling the applications.

– Fees and charges: A section of land users who have registered land use changes rated the fees and charges as high, and there should be adjustments between fee levels to match the circumstances of different subjects.

3.3. Proposed solutions

Promote administrative procedure reform; coordinate with the functional departments of Long Khánh City and Đồng Nai Province to inspect, review, and resolve the existing problems and obstacles in implementing land use rights registration and cases of intentional land law violations.

Raise awareness among land users about land law, especially the administrative procedures and legal documents related to land use rights registration in the locality. A modern server needs to be set up right at the Long Khánh City Land Registration Office branch, and the software must be regularly maintained and upgraded to facilitate and speed up the process of updating land use changes.

Strengthen the organizational structure of the state land management agencies of the city and its communes and wards, enhancing training and educating the human resources in the natural resources and environment sector to ensure sufficient expertise and skills suitable for the job positions and workload.

IV. CONCLUSION

The land use rights registration (LR) in Long Khánh City during the period 2020-2023 involved various types of land changes. However, the survey evaluation focused on six specific criteria.

During the period 2020-2023, the types of land changes included: transfer of land use rights; mortgage and mortgage cancellation of land use rights; issuance and reissuance of the Land Use Rights Certificate (LUR Certificate); parcel division and merger; land use purpose conversion; and land acquisition.

Among these, the highest number of registration applications was for mortgage and mortgage cancellation, with a total of 22,573 applications, accounting for the largest proportion. The number of LR applications for land acquisition was the lowest.

Through the process of investigating and interviewing land users (LR) regarding administrative procedures (AP), legal documents (LD) related to LR, infrastructure and facilities at the administrative procedure reception area, fees and charges during LR, and the professional qualifications and competency of specialized staff, positive feedback was received from the land users.

However, 22.5% of residents considered the procedure for preparing LR applications to be complex, 12.5% rated the method of accessing information as difficult, 16.67% rated the application of information technology as poor, and up to 37.5% of land users considered the fees and charges to be high. Therefore, to address these challenges, comprehensive solutions are needed to improve the land use rights registration process.

References

1. The 2013 Law on Land by the National Assembly of the Socialist Republic of Vietnam (2014).
2. 2023 Land Statistics Report by the People’s Committee of Long Khánh City (2024).
3. Activity Summary Reports (2020, 2021, 2022, 2023) by the Long Khánh City Branch, Đồng Nai Province Land Registration Office.

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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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