EVALUATION OF THE ISSUANCE OF LAND USE RIGHTS, HOME OWNERSHIP, AND OTHER PROPERTY ATTACHED TO LAND CERTIFICATES IN CU M’GAR DISTRICT, DAK LAK PROVINCE 2025
EVALUATION OF THE ISSUANCE OF LAND USE RIGHTS, HOME OWNERSHIP, AND OTHER PROPERTY ATTACHED TO LAND CERTIFICATES IN CU M’GAR DISTRICT, DAK LAK PROVINCE
Nguyen Van Duc
Le Duy Kien
University of Agriculture and Forestry, Hue University
Chau Vo Trung Thong
Branch of Land Registration Office, Cu M’gar District, Dak Lak Province
Abstract:
The study aimed to evaluate the current state of the issuance of land use rights (LUR) certificates, home ownership (HO) certificates, and other property attached to land certificates in Cu M’gar District, Dak Lak Province, from 2019 to 2022. The results showed that the district had a total of 13,162 applications for LUR certificates, covering a total land area of 207.55 hectares. The district issued LUR, HO, and other property attached to land certificates for 11,405 households and individuals, totaling 11,405 certificates, covering an area of 191.13 hectares, accounting for 86.65% of the total applications. There were 1,757 remaining applications, covering an area of 16.42 hectares, accounting for 13.35%.
The agricultural LUR certificates issued reached 88.05% of the total required. Residential LUR certificates issued reached 87.37% of the total applications. Forestry LUR certificates issued reached 86.76% of the total required.
The study also utilized a five-level Likert scale to survey the opinions of two household groups (ethnic minority households and Kinh households) regarding the issuance of LUR and HO certificates, and other property attached to land certificates. Overall, the majority of opinions from both household groups ranged from average to satisfied with the issuance process.
Keywords: land use rights certificate, satisfaction level, Cu M’gar District
I. Introduction
The land use rights (LUR) certificate, home ownership (HO) certificate, and other property attached to land certificates (collectively referred to as certificates) are legal documents. They serve as important bases and grounds ensuring land users’ rights when exploiting, using, and protecting land. They also facilitate land users’ rights to transfer, lease, sublease, inherit, donate, mortgage, and contribute capital using land use rights. Therefore, the registration for certificate issuance has become an urgent issue that requires quick implementation in compliance with the land law to protect land users’ rights.
Cu M’gar is a district located in the central area of Dak Lak Province, about 15 km north of Buon Ma Thuot city center. Over the past ten years, the issuance of LUR, HO, and other property attached to land certificates for households and individuals in Cu M’gar District, Dak Lak Province has revealed numerous inefficiencies and inconveniences, causing significant difficulties for state management agencies.
The demand for certificates to secure loans for production and business investment, mortgage properties attached to land, and engage in real estate market transactions has been increasing among households and individuals. However, the procedures for issuing LUR, HO, and other property attached to land certificates remain challenging. Thus, evaluating the certificate issuance process in Cu M’gar District, Dak Lak Province is an urgent need.
II. Research Methods
Secondary Data Collection Methods: The collection of documents and data regarding natural, economic, and social conditions, as well as land registration and the issuance of land use rights (LUR), home ownership (HO), and other property attached to land certificates during the period from 2019 to 2022. This data was gathered from the Branch of the Land Registration Office, the Department of Natural Resources and Environment, the Department of Economy and Infrastructure, and the Cu M’gar District Statistics Office.
Primary Data Collection Methods:
+ Household survey interviews were conducted using questionnaires to gather public opinions on the issuance of LUR, HO, and other property attached to land certificates. A total of 99 questionnaires were collected: 49 from ethnic minority households and 50 from Kinh households.
+ The study employed a five-level Likert scale (from 1 to 5, then calculating the average score) with an interval of 0.8: Strongly disagree (1.00 – 1.80), Disagree (1.81 – 2.60), Neutral (2.61 – 3.40), Agree (3.41 – 4.20), and Strongly agree (4.21 – 5.00). The survey gathered opinions on the following aspects: the process of registering for LUR certificates; the procedures and documents required for LUR certificates; the qualification and service capability of the staff at the district Land Registration Office branch; the fees and charges for administrative procedures related to certificate issuance; and overall evaluation.
Data Analysis and Processing Methods: Collected data and survey interview data were consolidated and processed using Excel 2016 for statistical analysis. This analysis provided an overview of the certificate issuance process over the years, reflecting the current state of the issuance of LUR, HO, and other property attached to land certificates in Cu M’gar District.
III. Research Results and Discussion
3.1. Overview of the Study Area
Cu M’gar is a district located in the central area of Dak Lak Province, approximately 15 km north of Buon Ma Thuot city center. The district consists of 17 administrative units, including 15 communes and 2 towns, with 189 hamlets, villages, and neighborhoods. These include 16 neighborhoods, 100 hamlets, and 73 villages, among which there is one commune in Region III and four villages with particularly difficult economic conditions.
The total natural area of the district is 82,443 hectares, accounting for 6.28% of Dak Lak Province’s natural land area.
3.2. Results of Issuing Land Use Rights, Home Ownership, and Other Property Attached to Land Certificates in Cu M’gar District from 2019 to 2022
Table 1. Results of Land Use Rights Certificates in Cu M’gar District from 2019 to 2022
Type of Land | Total | Of which | ||||||||
Applications Received | Certificates Issued | 2019 | 2020 | 2021 | 2022 | |||||
Applications Received | Certificates Issued | Applications Received | Certificates Issued | Applications Received | Certificates Issued | Applications Received | Certificates Issued | |||
Agricultural Land | 10,636 | 9,366 | 2,824 | 2,498 | 3,007 | 2,667 | 1,659 | 1,357 | 3,146 | 2,844 |
Residential Land | 10,709 | 9,531 | 2,268 | 1,966 | 2,952 | 2,650 | 2,236 | 1,934 | 3,253 | 2,981 |
Forestry Land | 6,059 | 5,257 | 1,447 | 1,247 | 1,658 | 1,461 | 1,293 | 1,093 | 1,661 | 1,456 |
Source: Branch of Land Registration Office, Cu M’gar District
3.2.1. Agricultural Land
The results of issuing agricultural land use rights (LUR) certificates in Cu M’gar District during the period from 2019 to 2022 are shown in Table 1. The results indicate that from 2019 to 2022, a total of 9,366 agricultural LUR certificates were issued out of 10,636 required, accounting for 88.05%. The issuance of certificates for agricultural land in the district has been largely completed, with the remaining certificates primarily focused on forestry land. The number of certificates issued for agricultural land over the years is very small.
3.2.2. Residential and Forestry Land
The results of issuing forestry land use rights (LUR) certificates from 2019 to 2022 are shown in Table 1. The results reveal that from 2019 to 2022, a total of 5,257 forestry LUR certificates were issued out of 6,059 required, accounting for 86.76%. However, there are still many cases where certificates have not been issued, with 802 cases remaining. The reasons include limited awareness of some land users who do not recognize their rights and obligations in land use. Additionally, the professional competence of commune cadastral officers is still weak, with a thin workforce and limited expertise, affecting the progress of certificate issuance.
3.3. Evaluation of the Issuance of Land Use Rights, Home Ownership, and Other Property Attached to Land Certificates
The study conducted surveys to gather opinions from two groups of households: ethnic minority households and Kinh households, to evaluate the issuance of land use rights (LUR), home ownership (HO), and other property attached to land certificates. A total of 99 questionnaires were collected, with 49 from ethnic minority households and 50 from Kinh households. The summary of opinions on the current state of the issuance process is shown in Table 2.
Table 2. Summary of Public Opinions on the Issuance of LUR Certificates
No. | Survey Content | Ethnic Minority Households | Kinh Households | ||
Number of Responses (Responses) | Percentage (%) | Number of Responses (Responses) | Percentage (%) | ||
1. | Certificate Ownership Status | 49 | 100 | 50 | 100 |
1.1. | Issued | 26 | 53.06 | 37 | 74 |
1.2. | Not Issued | 23 | 46.94 | 13 | 26 |
2. | Certificate Issuance Timeliness | 26 | 100 | 37 | 100 |
2.1. | On Time | 9 | 34.61 | 11 | 29.73 |
2.2. | Delayed | 17 | 65.39 | 26 | 70.27 |
3. | Reasons for Delays | 17 | 100 | 26 | 100 |
3.1. | Land Disputes | 3 | 17.65 | 4 | 15.38 |
3.2. | Lack of Documentation | 7 | 41.17 | 6 | 23.08 |
3.3. | Related to Eminence Domain | 4 | 23.53 | 9 | 34.61 |
3.4. | Unknown Reasons | 3 | 17.65 | 7 | 26.93 |
4. | Reasons for Not Issuing | 23 | 100 | 13 | 100 |
4.1. | Land Disputes | 7 | 30.43 | 5 | 38.46 |
4.2. | Lack of Documentation | 10 | 43.48 | 2 | 15.38 |
4.3. | Related to Eminence Domain | 6 | 26.09 | 4 | 30.77 |
4.4. | Unknown Reasons | 0 | 0 | 2 | 15.39 |
Source: 2022 Survey Statistics
From Table 2, it is evident that the rate of delayed land use rights (LUR) certificate applications in both ethnic minority and Kinh household groups is quite high (over 65%). For ethnic minority households, the main reason for delayed issuance compared to the scheduled time is the lack of documents related to the origin of land use during the application process, necessitating verification time.
Ethnic minority people have unique customs, and land transactions were previously conducted on handwritten documents. Therefore, ethnic minority land users often lack documents proving the origin and time of land use (no documents confirming stable land use), which affects the processing time of LUR applications.
For Kinh households, the primary cause of delayed LUR issuance compared to the schedule is related to land clearance for project implementation. Plots of land within the clearance area are temporarily not reissued certificates if the project has not been completed.
3.4. Evaluation of Public Satisfaction with the Issuance of Land Use Rights, Home Ownership, and Other Property Attached to Land Certificates
The study also surveyed public satisfaction with the issuance of LUR, HO, and other property attached to land certificates. The results are shown in Table 3.
Table 3. Criteria for Evaluating the Satisfaction Level of Ethnic Minority and Kinh Households with the Issuance Process
No. | Content | Ethnic Minority Households | Kinh Households |
Average Score | Average Score | ||
1 | Registration Process |
|
|
1.1 | Transparencu of the process by the government | 3.53 | 3.56 |
1.2 | Complexity of the registration process | 3.57 | 3.50 |
1.3 | Ease of the registration process | 2.73 | 3.36 |
2 | Procedures and Documents |
|
|
2.1 | Completeness of posted procedures | 3.77 | 3.64 |
2.2 | Timeliness of processing | 2.04 | 2.9 |
2.3 | Reasonableness of document requirements | 2.93 | 3.32 |
2.4 | Handling of complaints and inquiries | 3.26 | 3.44 |
3 | Staff Competence |
|
|
3.1 | Professional knowledge and skills | 3.22 | 3.72 |
3.2 | Support from staff | 3.28 | 3.38 |
3.3 | Courtesy and friendliness of staff | 3.71 | 3.58 |
3.4 | Responsibility of staff | 3.49 | 3.34 |
3.5 | Fairness of staff | 3.51 | 3.36 |
3.6 | Avoidance of harassment by staff | 3.28 | 3.22 |
4 | Fees and Charges |
|
|
4.1 | Reasonableness of fees and charges | 3.06 | 3.48 |
4.2 | Clarity of fees and charges | 3.34 | 3.78 |
5 | Overall Opinions |
|
|
5.1 | Satisfaction with the issuance process | 3.30 | 3.48 |
5.2 | Satisfaction with staff communication | 3.53 | 3.78 |
5.3 | Meeting administrative needs | 3.51 | 3.58 |
Source: 2022 Survey Statistics
The evaluation results show:
Content 1.2 received an average score (2.73) among ethnic minority households. This indicates that these households face more difficulties in the registration process for land use rights (LUR) certificates compared to Kinh households (3.36). The primary reason is that the land being used does not align with the intended use recorded in the land origin documents. To transfer land use rights, the land must be used for its designated purpose as stated in the documents. Additionally, the lack of documents proving land use origin prolongs the application process.
Content 2.2 was rated lower by ethnic minority households (2.04) than by Kinh households (2.9). The delays primarily stem from long-standing, unresolved applications that lack necessary documents, fail to meet current legal requirements (e.g., not compliant with planning, disputes), or lack proof of financial obligations fulfilled, making it difficult to review financial responsibilities when issuing certificates. Kinh households generally face fewer delays, and their financial obligations are reviewed more effectively, ensuring that application processing times align with regulations.
Content 2.3 received an average score (2.93) from ethnic minority households, indicating that the required documents for LUR certificate applications are still not entirely reasonable. For contents 4.1 and 4.2, ethnic minority households, often in areas with less prominent socio-economic conditions, find the fees and charges for administrative procedures related to LUR certificate issuance challenging.
The reasons for the delay in processing the issuance of land use rights (LUR), home ownership (HO), and other property attached to land certificates stem from the responsibility and coordination of various agencies in receiving, processing, guiding, appraising applications, and providing information about the land use process. However, this coordination has been inadequate, leading to errors and the need to return applications between levels, prolonging the resolution time and requiring multiple visits by the public.
The handling of existing cases and violations of land law, such as unauthorized land allocation, illegal construction, and unauthorized land use conversion, also lacks coordination between specialized departments at the district level and the commune-level People’s Committees.
The causes of these issues in the issuance process include the limited professional competence, expertise, and experience of commune-level cadastral officers, who also lack understanding of the history, origin, and land use process. Additionally, some officers exhibit behaviors that cause difficulties and harassment during the application process.
Land users and the public are not fully aware of the benefits of LUR certificate issuance and are not proactive in fulfilling their responsibilities. There are delays in declaration and registration, with many cases relying on state support for fulfilling related financial obligations.
3.5. Proposing Solutions to Enhance the Effectiveness of Issuing Land Use Rights, Home Ownership, and Other Property Attached to Land Certificates in Cu M’gar District, Dak Lak Province
– The government should strengthen propaganda and education efforts for the public and land users about their rights and responsibilities in the issuance of certificates specifically and in land use activities generally.
– For ethnic minority citizens who do not request certificates, the Department of Natural Resources and Environment and the district’s branch of the land registration office should intensify efforts to educate, explain, and guide people. This aims to ensure they understand the actual land use area and time to fully apply the policies on land use fee exemption and reduction when issuing LUR, HO, and other property attached to land certificates.
– The Department of Natural Resources and Environment and the district’s branch of the land registration office should cooperate with commune cadastral officers to review and update land use changes permitted by competent state agencies and update the changes in the records. For these cases, timely and accurate handling and updating of land use changes are essential for certificate issuance and land management.
– Mobilize cadastral officers from the Department of Natural Resources and Environment and the district’s branch of the land registration office to each commune and town in the district to focus on directing and assisting those communes and wards to complete certificate issuance according to the law.
IV. Conclusion
From 2019 to 2022, the district issued 9,366 agricultural land use rights (LUR) certificates out of a total of 10,636 required, accounting for 88.05%.
A total of 9,531 residential LUR, home ownership (HO), and other property attached to land certificates were issued out of 10,909 applications.
Additionally, 5,257 forestry LUR certificates were issued out of 6,059 required, achieving a rate of 86.76%.
The satisfaction levels of both household groups ranged from average to satisfied regarding the issuance process. There were differences in satisfaction levels between the two household groups in 6 out of the 15 surveyed aspects.
Overall, most opinions from both household groups rated the certificate issuance process from average to satisfied.
References
- Nguyễn Tiến Nhật, Nguyễn Văn Bình, Trần Văn Sơn, Nguyễn Xuân Vững (2020). Evaluation of the Issuance of Land Use Rights Certificates in Phong Điền District, Thừa Thiên Huế Province. Journal of Science and Agricultural Technology, Hue University of Agriculture and Forestry, Issue 4(3), 2170-2178.
- Department of Natural Resources and Environment of Cu M’gar District. Land Use Status Report 2022.
- Branch of Land Registration Office, Cu M’gar District, Dak Lak Province. Performance Reports for 2019, 2020, 2021, 2022.
- Đặng Ngọc Tiến (2019). Master’s Thesis in Land Management: Evaluation of the Land Registration and Certificate Issuance Process in Binh Chanh District, Ho Chi Minh City.
- Nguyễn Văn Điển (2011). State Management of the Real Estate Market in Ho Chi Minh City. Doctoral Thesis in Economics, Ho Chi Minh National Academy of Politics and Public Administration, Hanoi.
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