ASSESSMENT OF THE IMPLEMENTATION OF LAND USE RIGHTS TRANSFER IN BIÊN HÒA CITY, ĐỒNG NAI PROVINCE FOR THE PERIOD 2021-2023
ASSESSMENT OF THE IMPLEMENTATION OF LAND USE RIGHTS TRANSFER IN BIÊN HÒA CITY, ĐỒNG NAI PROVINCE FOR THE PERIOD 2021-2023
Nguyễn Ngọc Ánh
Tôn Nữ Tuyết Trinh
Nguyễn Văn Bình
University of Agriculture and Forestry, Huế University
Abstract:
The research aims to evaluate the existing issues and limitations in the transfer of land use rights by households and individuals for the period 2021-2023 in Biên Hòa City, Đồng Nai Province. The study employed primary and secondary data collection methods, data processing, and the Likert scale in the research process.
The research results show that Biên Hòa City resolved 33,133 cases of land use rights transfer. In 2021, the highest number of transfer records was with 12,752 cases. The number gradually decreased, with 11,014 cases in 2022 and 9,367 cases in 2023. Phước Tân Ward had the highest number of land use rights transfer transactions with 9,896 records, accounting for 9.86% of the total transactions of the entire city. Trảng Dài had 3,798 cases, and Tam Phước had 2,550 cases. Wards with the least number of land use rights transfer records were Hòa Bình, Bình Đa, Thanh Bình, Quyết Thắng.
To enhance the effectiveness of this work in the future, the paper proposes solutions regarding legal policies, administrative procedure reforms, the development of science and technology, and human resources, as well as raising awareness and responsibility of land users.
Keywords: Land use rights transfer, Biên Hòa City, Đồng Nai Province.
I. INTRODUCTION
The 2013 Constitution affirms: “Land, water resources, mineral resources, marine resources, airspace, other natural resources, and public assets invested and managed by the State are public assets owned by the entire people and managed uniformly by the State.” The State allocates Land Use Rights (LUR) to organizations, households, and individuals, ensuring that these entities fully exercise their rights and obligations according to legal provisions.
Biên Hòa is the provincial capital of Đồng Nai Province, located in the Southeast region of Vietnam. It is a Class I regional urban area, with a high urbanization rate of over 70%. After 22 years as a Class II urban area, Biên Hòa City has now become a modern urban area with increasingly developed infrastructure. It is the third most populous city in the country, with over 1 million residents (after Hanoi and Ho Chi Minh City), and has a per capita income (GDP) more than twice the national average.
This research aims to clarify the current status of the implementation of land use rights transfer by households and individuals in Biên Hòa City, contributing to the scientific basis and practical significance of the implementation of land use rights. Additionally, it seeks to propose measures to enhance the effectiveness of land use rights implementation by households and individuals in the study area.
II. RESEARCH METHODS
- Data collection methods
1.1. Secondary data collection methods
Collect information and data from relevant documents from State agencies, departments, the Land Registration Office, and the Department of Natural Resources and Environment of Biên Hòa City.
1.2. Primary data collection methods
Conduct surveys and direct interviews using pre-prepared questionnaires to collect opinions and evaluations of households and individuals on the implementation of land use rights transfer (LUR transfer). The survey criteria used in the study include: general information and land information of the respondents, and the implementation of LUR transfer.
The number of households interviewed at the research site is 40 households and individuals. The survey subjects are determined by random sampling among households and individuals based on the criteria that the land users have conducted at least one transaction related to LUR transfer at the branch of the Land Registration Office of Biên Hòa City during the period 2021-2023.
- Data processing methods
Data were statistically processed using Excel, categorized by group and compared over time to understand the implementation of land use rights transfer in the city throughout the study period.
The Likert scale (Likert, 1932; Hoàng Trọng & Chu Nguyễn Mộng Ngọc, 2008) was used to evaluate the procedures and processes of land use rights transfer. The scale includes five levels:
– Very High: 5
– High: 4
– Medium: 3
– Low: 2
– Very Low: 1.
The overall evaluation index is calculated as the weighted average of the number of respondents and the coefficient of each level applied.
III. RESEARCH RESULTS AND DISCUSSION
- Results of the implementation of land use rights transfer for the period 2021-2023
Table 1. Summary for the period 2021-2023
No. | Ward/Commune | 2020 | 2021 | 2022 | Total |
1 | An Bình | 350 | 238 | 192 | 780 |
2 | An Hòa | 349 | 290 | 254 | 893 |
3 | Bình Đa | 89 | 87 | 68 | 244 |
4 | Bửu Hòa | 300 | 234 | 192 | 726 |
5 | Bửu Long | 450 | 279 | 266 | 995 |
6 | Hiệp Hòa | 469 | 346 | 300 | 1,115 |
7 | Hố Nai | 250 | 190 | 159 | 599 |
8 | Hóa An | 336 | 345 | 294 | 975 |
9 | Hòa Bình | 45 | 56 | 40 | 141 |
10 | Long Bình | 257 | 300 | 266 | 823 |
11 | Long Bình Tân | 301 | 312 | 284 | 897 |
12 | Long Hưng | 231 | 303 | 291 | 825 |
13 | Phước Tân | 3,487 | 3,428 | 2,981 | 9,896 |
14 | Quang Vinh | 101 | 80 | 54 | 235 |
15 | Quyết Thắng | 117 | 100 | 65 | 282 |
16 | Tam Hiệp | 242 | 251 | 197 | 690 |
17 | Tam Hòa | 140 | 289 | 257 | 686 |
18 | Tam Phước | 917 | 898 | 735 | 2,550 |
19 | Tân Biên | 369 | 275 | 236 | 880 |
20 | Tân Hạnh | 263 | 295 | 247 | 805 |
21 | Tân Hiệp | 205 | 178 | 150 | 533 |
22 | Tân Hòa | 293 | 201 | 148 | 642 |
23 | Tân Mai | 135 | 180 | 135 | 450 |
24 | Tân Phong | 297 | 294 | 269 | 860 |
25 | Tân Tiến | 130 | 125 | 101 | 356 |
26 | Tân Vạn | 157 | 189 | 91 | 437 |
27 | Thanh Bình | 32 | 39 | 21 | 92 |
28 | Thống Nhất | 222 | 226 | 194 | 642 |
29 | Trảng Dài | 2,110 | 897 | 791 | 3,798 |
30 | Trung Dũng | 108 | 89 | 89 | 286 |
Total | 12,752 | 11,014 | 9,367 | 33,133 | |
In the period 2021-2023, Biên Hòa City resolved 33,133 cases of land use rights transfer. In 2021, the highest number of transfer records was with 12,752 cases. The number gradually decreased, with 11,014 cases in 2022 and 9,367 cases in 2023. This decline was due to the impact of the Covid-19 pandemic and the post-pandemic economic crisis, which caused a slowdown in the real estate market.
This trend is consistent across Đồng Nai Province and Biên Hòa City specifically. According to the wards, Phước Tân had the highest number of land use rights transfer transactions with 9,896 records, accounting for 9.86% of the total transactions in the entire city.
- Evaluation of land users on the implementation of land use rights transfer in Biên Hòa City
The survey results from 40 households and individuals on the implementation of land use rights transfer during the period 2021-2023 in Biên Hòa City show: 28 cases involved residential land transfer, accounting for 70.00%, and 9 cases involved agricultural land transfer, accounting for 30.00%, as shown in the following table:
Table 2. Survey results evaluating land users’ assessments
No. | Survey Content | Survey Result | Rate (%) |
1 | Total number of survey questionnaires | 40 | 100.00 |
Residential land | 28 | 70 | |
Agricultural land | 12 | 30 | |
2 | Purpose of transfer | 40 | 100.00 |
Debt repayment | 5 | 12.50 | |
Investment in production and business | 30 | 75.00 | |
Relocation | 0 | 0.00 | |
Land accumulation for farm | 0 | 0.00 | |
Other (savings, purchase of goods, daily expenses, etc.) | 5 | 12.50 | |
3 | Transparency of procedures | 40 | 100.00 |
Very sufficient and easy to understand | 14 | 35.00 | |
Sufficient and easy to understand | 17 | 42.5 | |
Average | 9 | 22.5 | |
Insufficient and hard to understand | 0 | 0.00 | |
Very insufficient and hard to understand | 0 | 0.00 | |
Overall evaluation | 4.13 |
| |
4 | Feasibility of procedures | 40 | 100.00 |
Very Easy | 13 | 32.50 | |
East | 18 | 45.00 | |
Average | 9 | 22.50 | |
Hard | 0 | 0.00 | |
Vert Hard | 0 | 0.00 | |
Overall evaluation | 4.10 |
| |
5 | Time to complete procedures | 40 | 100.00 |
On time | 28 | 70.00 | |
Not on time | 12 | 30.00 | |
6 | Fee, charge, and tax collection | 40 | 100,00 |
Very Good | 13 | 32.50 | |
Good | 18 | 45.00 | |
Average | 9 | 22.50 | |
Poor | 0 | 0.00 | |
Very Poor | 0 | 0.00 | |
Overall evaluation | 4.10 |
| |
7 | Access to services | 40 | 100.00 |
Very Easy | 8 | 20.00 | |
East | 14 | 35.00 | |
Average | 15 | 37.50 | |
Hard | 3 | 7.50 | |
Vert Hard | 0 | 0.00 | |
Overall evaluation | 3.68 |
| |
8 | Receiving feedback from citizens | 40 | 100.00 |
Very Good | 14 | 35.00 | |
Good | 17 | 42.5 | |
Average | 9 | 22.5 | |
Poor | 0 | 0.00 | |
Very Poor | 0 | 0.00 | |
Overall evaluation | 4.13 |
| |
9 | Satisfaction with reception officers | 40 | 100.00 |
Very satisfied | 13 | 32.50 | |
Satisfied | 18 | 45.00 | |
Average | 8 | 20.00 | |
Less satisfied | 1 | 2.5 | |
Very less satisfied | 0 | 0.00 | |
Overall evaluation | 4.08 |
|
The survey results show that the transparency of administrative procedures for land use rights transfer is rated as sufficient with an average score of 4.13 points. Fourteen respondents evaluated the transparency of procedures as very sufficient and easy to understand, seventeen respondents found the procedures easy to understand and implement, and nine respondents rated the procedures at an average level.
Regarding the collection of fees, charges, and taxes: There needs to be transparency about the official fees, charges, and additional unofficial costs. The relevant units should publicly post all types of fees; notify and clearly explain the payable amounts to the public.
The overall satisfaction with public officials and employees is rated as satisfied with an average score of 4.08 points. Thirteen respondents rated the officials as very satisfactory, eighteen out of forty households rated them as satisfactory, eight out of forty households rated them as average, and one out of forty households rated them as less satisfactory.
- Proposals for solutions to enhance the effectiveness of land use rights transfer in Biên Hòa City
Enhance the effectiveness of state management of land, intensify inspection and supervision to detect cases of transactions that are not registered with state agencies. At the same time, there should be strong enough penalties for these cases.
Regularly propagate land policies and laws to the public so they understand the legal regulations when participating in land use rights transfer transactions, to avoid risks arising during land use.
Frequently organize training sessions and professional development for cadastral officers; officials and employees directly handling documents to improve professional skills in guiding people to understand administrative procedures accurately and clearly, avoiding the situation where people do not understand the required procedures and have to redo them, causing unnecessary time, effort, and frustration.
Assign civil servants at the one-stop service department of the commune and district People’s Committees who are specialized in land management to guide and process land use rights procedures for the public. Regularly train and develop professional skills for specialized staff, local cadastral officers to ensure they perform well their functions and duties in the complex land field.
Additionally, organize training for cadastral officers at communes and towns to guide the implementation of newly issued documents. Ensure that commune and town cadastral officers understand the content of documents to guide the public in performing land use rights.
IV. CONCLUSION
In the period 2021-2023, Biên Hòa City resolved 33,133 cases of land use rights transfer. In 2021, the highest number of transfer records was with 12,752 cases. The number gradually decreased, with 11,014 cases in 2022 and 9,367 cases in 2023. Phước Tân Ward had the highest number of land use rights transfer transactions with 9,896 records, accounting for 9.86% of the total transactions in the entire city. Trảng Dài had 3,798 cases, and Tam Phước had 2,550 cases. Wards with the least number of land use rights transfer records were Hòa Bình, Bình Đa, Thanh Bình, Quyết Thắng.
The survey results from 40 households and individuals on the implementation of land use rights transfer during the period 2021-2023 in Biên Hòa City show: 28 cases involved residential land transfer, accounting for 70.00%, and 9 cases involved agricultural land transfer, accounting for 30.00%.
The survey results evaluating the opinions of 40 land users indicate: the transparency of administrative procedures for land use rights transfer is rated as sufficient with an average score of 4.13 points; the feasibility of procedures is rated as easy to implement, with an average score of 4.10 points; the collection of fees, charges, and taxes is rated as good with an average score of 4.18 points; the accessibility of services is rated as easy, with an overall average score of 3.68 points; the reception of feedback from citizens is rated as good with a score of 4.13 points; overall satisfaction with public officials and employees is rated as satisfactory with an average score of 4.08 points.
While most criteria are rated as good, some households rated them as low and unsatisfactory due to existing issues in the process of handling land use rights transfer documents in Biên Hòa City. To enhance the effectiveness of this work in the future, the paper proposes solutions regarding legal policies, administrative procedure reforms, the development of science and technology, and human resources, as well as raising awareness and responsibility of land users.
References
- Lê Huy Bá (2006). Scientific Research Methods. National University of Ho Chi Minh City Publishing House.
- Ministry of Natural Resources and Environment (2014a). Circular No. 23/2014/TT-BTNMT dated May 19, 2014.
- Ministry of Natural Resources and Environment (2014b). Circular No. 24/2014/TT-BTNMT dated May 19, 2014.
- Nguyễn Đình Bồng (2012). Land Management in Vietnam from 1945 to 2010. National Political Publishing House, Hanoi.
- Government (2014a). Decree No. 43/2014/ND-CP dated May 15, 2014.
- Government (2014b). Decree No. 45/2014/ND-CP dated May 15, 2014.
- Nguyễn Cúc (2014). Further clarification of the concept of all-people ownership of land. Political Theory Journal No. 1-2014.
- Hoàng Trọng & Chu Nguyễn Mộng Ngọc (2007). Applied Statistics in Economics – Society, Statistics Publishing House.
- National Assembly of the Socialist Republic of Vietnam (2013). 2013 Constitution, National Political Publishing House.
- Likert, Rensis (1932). A Technique for the Measurement of Attitudes. Archives of Psychology 140. 44–60.
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