CURRENT SITUATION AND SOLUTIONS TO IMPROVE LAND TRANSITION EFFICIENCY IN BÌNH XUYÊN DISTRICT, VĨNH PHÚC PROVINCE
CURRENT SITUATION AND SOLUTIONS TO IMPROVE LAND TRANSITION EFFICIENCY IN BÌNH XUYÊN DISTRICT, VĨNH PHÚC PROVINCE
Nguyễn Thị Hải Yến
Phạm Anh Tuấn
Hanoi University of Natural Resources and Environment
Abstract:
This study aims to evaluate the current situation of land transition in Bình Xuyên District, Vĩnh Phúc Province during the period from 2020 to 2022. The results show that Bình Xuyên District has the potential for economic and social development through land use, land transition for industrialization, modernization, and urbanization. With an area of 14,847.80 hectares, the district has established many industrial zones, new urban areas, and invested in the construction of technical and social infrastructure.
During the period from 2020 to 2022, the district implemented 354 projects with an area of 565.73 hectares due to state land recovery; 354.31 hectares of land were transitioned due to the demand for land use rights transfer such as transfer, inheritance, and donation of land use rights, corresponding to 16,005 land use rights certificates issued, with no cases of land transition due to agreements with land users. Based on the current situation and the evaluation opinions of land users and related officials, solutions are proposed to improve the efficiency of land transition in Bình Xuyên District.
Keywords: land transition; land use rights transfer; land recovery; Bình Xuyên District.
I. INTRODUCTION
Land transition is an inevitable rule in all countries undergoing industrialization and urbanization. In our country, land transition due to state land recovery for investment projects or the need of land users to transfer land use rights continues to occur strongly [3].
Whether land transition brings effective and positive impacts on the economy and society depends greatly on the mechanisms, policies, and implementation process. If the above-mentioned issues are not paid attention to, many negative impacts and consequences may occur, such as resource wastage, inefficient land use, instability, and unfairness in social life.
Therefore, it is necessary to conduct research and evaluate the current status of the land transition process, thereby proposing solutions to improve the efficiency of land transition, ensure the land relations operate according to market mechanisms, harmonize benefits among parties, and sustainably promote land resources.
II. RESEARCH METHODS
– Investigation and collection of secondary documents and data: Collect documents and data related to the land transition process (land recovery, land use rights transfer, etc.) at the Department of Natural Resources and Environment, Land Fund Development Center, and Land Registration Office branch of Bình Xuyên District.
– Investigation and collection of primary data: Survey and interview 120 land users and 25 related officials in each land transition group as per the following table:
Table 1. Table summarizing the subjects of investigation and interview
No. | Investigation and Interview Subjects | Quantity |
I | Land transition required for project implementation through state land recovery | 145 |
1 | Land users whose land is recovered | 120 |
2 | Related officials | 25 |
– | Communal-level land management officials | 13 |
– | Department of Natural Resources and Environment | 5 |
– | Land Fund Development Center | 7 |
II | Land transition due to land use rights transfer | 145 |
1 | Land users who carry out land use rights transfer | 120 |
2 | Related officials | 25 |
– | Communal-level land management officials | 13 |
– | Department of Natural Resources and Environment | 5 |
– | Branch of Land Registration Office | 7 |
The survey and interview contents focus on the factors affecting the land transition process. Each factor is rated by respondents on a 5-level Likert scale as follows: very influential (5 points); quite influential (4 points); moderately influential (3 points); slightly influential (2 points); not influential (1 point).
– Statistical and synthetic methods: Based on the collected data, apply statistical and synthetic methods to analyze and evaluate the research results.
– Expert method: Consult experts about the factors affecting land transition; gather expert opinions on the mechanisms and policies related to land transition, then summarize, evaluate, and select solutions to improve the efficiency of land transition in the research area.
III. OVERVIEW OF LAND TRANSITION
- Concept of Land Transition
In Vietnam, land transition can be categorized into two forms. The first form is mandatory land transition based on state land recovery decisions. The second form is voluntary land transition based on agreements for land use rights for the purpose of economic-social development projects by land investors [4]. Additionally, voluntary land transition also includes land use rights transfers when land users have the need.
Land transition due to state land recovery for projects: The 2013 Law on Land stipulates cases where the state will recover land for national defense, security purposes, or for economic-social development for national and public interest. The land recovery in these cases must follow proper procedures and processes. Land users whose land is recovered by the state, if eligible, will be compensated as prescribed by law [2].
Land transition through agreements on land use rights: Land use for implementing projects, production, and business facilities not falling under the cases of state land recovery mentioned above, but in line with approved land use plans, allows the investor to transfer, lease land use rights, or receive land use rights contributions according to legal regulations [2]. The principle for this case is that there are no more cleared land funds for appropriate investment projects, except for projects in encouraged investment fields and areas [2].
Land transition when land users need to transfer land use rights: This involves transferring land use rights from one person to another through forms of conversion, transfer, inheritance, donation, and contribution of land use rights [2]. Land use rights transfers must meet legal conditions.
- Current Situation of Land Transition in Vietnam
The 2013 Law on Land has indeed created a comprehensive, tight, and feasible legal corridor for the rational, economical, and effective exploitation and use of land resources, contributing to socio-economic development, especially in the development of technical infrastructure, social infrastructure, and urban housing; facilitating land participation in the real estate market; generating strong motivations for urban development, significantly increasing revenue for the budget, and positively contributing to the socio-economic development, national defense, and security of the country [1].
During the period from 2014 to 2022, land transition in our country mainly occurred through mandatory land transition with 25,362 projects (accounting for 87.29%), while voluntary land transition through agreements with land users accounted for 3,691 projects (12.71%). Land use rights transfers amounted to 4,614,552 cases with 91,840.4 hectares, primarily including land use rights transfers with 3,177,936 cases, corresponding to 23,292.5 thousand hectares.
Table 2. Current Situation of Land Transition (2014-2022)
No. | Form of Land Transition | Quantity | Area | ||
Number of projects/cases | Percentage (%)) | Area (thousand ha) | Percentage (%) | ||
I | Mandatory land transition for project implementation through state land recovery | 25,362 | 100.00 | 1,179.9 | 100.00 |
1 | Projects for national defense and security | 930 | 3.67 | 109.4 | 9.27 |
2 | Projects for economic-social development for national and public interest | 24,432 | 96.33 | 1,070.5 | 90.73 |
II | Voluntary land transition through agreements with land users | 3.691 | 100.00 | 105.9 |
|
1 | Agreements completed | 3,395 | 91.98 |
|
|
2 | Agreements not completed | 296 | 8.02 |
|
|
III | Land transition due to land use rights transfer | 4,614,552 | 100.00 | 91,840.4 | 100.0 |
1 | Conversion of land use rights | 65,446 | 1.42 | 45,093.3 | 49.09 |
2 | Transfer of land use rights | 3,177,936 | 68.87 | 23,292.5 | 25.36 |
3 | Inheritance of land use rights | 442,214 | 9.58 | 7,327.7 | 7.98 |
4 | Donation of land use rights | 917,850 | 19.89 | 11,776.9 | 12.82 |
5 | Contribution of land use rights | 11,106 | 0.24 | 4,350.0 | 4.74 |
Source: Ministry of Natural Resources and Environment, 2022 [1]
It can be seen that the mechanism for land transition has not been analyzed from the benefit perspective. Hence, complaints and lawsuits about mandatory land transitions remain high due to the public’s dissatisfaction or disagreement with the state’s compensation, support, and resettlement plans. This indicates the unsustainable development and the necessity to evaluate the current situation and propose solutions for land transition.
- RESEARCH RESULTS AND DISCUSSION
- Overview of Natural, Economic, and Social Conditions of Bình Xuyên District, Vĩnh Phúc Province
Bình Xuyên District, Vĩnh Phúc Province, is a district located near the center of the province. The district center is 7 km away from Vĩnh Yên City, with a total natural area of 14,847.80 hectares.
With its position adjacent to two major urban areas of the province—Vĩnh Yên City and Phúc Yên City—and not far from Hanoi City, situated along the Kunming – Lào Cai – Hanoi – Hải Phòng – Quảng Ninh economic corridor, Bình Xuyên District has many favorable conditions for rapid socio-economic development towards modernization, especially in industrial and service sectors. The district consists of 13 administrative units, including 8 communes and 5 towns, making it the district with the most towns in the country, including Hương Canh, Thanh Lãng, Gia Khánh, Bá Hiến, and Đạo Đức.
In 2022, the total natural area of Bình Xuyên District was 14,847.80 hectares. Of this, agricultural land covers 9,799.72 hectares, accounting for 66.00%; non-agricultural land covers 4,984.82 hectares, accounting for 33.57%; and unused land covers 63.27 hectares, accounting for 0.43% of the district’s total natural area [5].
- Current Situation of Land Transition in Bình Xuyên District (2020-2022)
2.1. Current Situation of Land Transition Due to State Land Recovery for Projects
During the period from 2020 to 2022, Bình Xuyên District has implemented 345 projects with an area of 565.73 hectares, corresponding to approximately 1,119 billion VND in compensation and support costs when the state recovers land.
Although some projects have not been completed due to unfinished investment procedures, prolonged capital sources from previous years, and a high proportion of foreign loan capital without completed legal procedures, the process of land transition has brought about many positive changes in the district’s economic and social indicators.
Table 3. Current Situation of Land Transition Due to State Land Recovery for Projects (2020-2022) in Bình Xuyên District
No. | Year | Number of Projects | Project Area (ha) | Compensation and Support Costs (million VND) |
1 | 2020 | 109 | 159.83 | 382,813 |
2 | 2021 | 114 | 266.07 | 443,440 |
3 | 2022 | 131 | 139.83 | 292,865 |
Total | 354 | 565.73 | 1,119,118 | |
Source: Department of Natural Resources and Environment of Bình Xuyên District [5]
Table 4. Purpose of Land Transition (2020-2022) in Bình Xuyên District
No. | Purpose of Land Transition | 2020 (ha) | 2021 (ha) | 2022 (ha) | Total | |
Area (ha) | Percentage (%) | |||||
1 | Expansion of Industrial Zones | 17.06 | 33.79 | 90.36 | 141.21 | 24.96 |
– | Khai Quang Industrial Zone |
|
| 3.15 | 3.15 | 0.56 |
– | Bình Xuyên Industrial Zone | 5.33 | 7.53 | 29.97 | 42.83 | 7.57 |
– | Bá Thiện Industrial Zone | 11.73 |
| 23.61 | 35.34 | 6.25 |
– | Sơn Lôi Industrial Zone |
| 26.26 | 33.63 | 59.89 | 10.59 |
2 | Construction of New Urban Areas | 12.88 | 11.09 | 0.00 | 23.97 | 4.24 |
– | Việt Đức New Urban Area | 10.35 | 11.09 |
| 21.44 | 3.79 |
– | Nam Vĩnh Yên New Urban Area | 2.53 |
|
| 2.53 | 0.45 |
3 | Construction of Worker Housing | 0.10 |
|
| 0.10 | 0.02 |
4 | Construction of Resettlement Areas, Auctioned Residential Areas | 12.38 | 2.79 | 2.15 | 17.32 | 3.06 |
5 | Construction of Non-Agricultural Production Facilities | 10.34 | 65.79 | 0.58 | 76.71 | 13.56 |
6 | Expansion and Upgrading of Transportation Systems | 64.63 | 55.87 | 33.85 | 154.35 | 27.28 |
7 | Construction of Technical Infrastructure Facilities | 28.48 | 93.54 | 8.73 | 130.75 | 23.11 |
8 | Construction of Social Infrastructure Facilities | 13.96 | 3.20 | 4.16 | 21.32 | 3.77 |
Total | 159.83 | 266.07 | 139.83 | 565.73 | 100.00 | |
Source: Department of Natural Resources and Environment of Bình Xuyên District [5]
The downside of land transition, especially the mandatory land transition form, has given rise to many issues, primarily related to compensation and site clearance: compensation levels, support, and eligible recipients of compensation and support, etc.
As a result, site clearance work for some projects has been slow, with many petitions and complaints from residents regarding land recovery, compensation, support, and resettlement being handled slowly and unresolved, leading to higher-level lawsuits, etc.
According to the summary table on the progress of project implementation from 2020 to 2022, it can be seen that the number of unimplemented projects is still high, with 160 projects accounting for 31.1%, of which 53 projects have not been implemented for 3 years and need to be proposed for cancellation (accounting for 10.3%).
Table 5. Progress of Land Transition Due to State Land Recovery for Projects (2020-2022) in Bình Xuyên District
No. | Year | Total Projects Planned | Projects Implemented | Projects Not Implemented | ||||
Total | Completed | Ongoing | Total | Not Implemented for Less Than 3 Years | Not Implemented for More Than 3 Years | |||
1 | 2020 | 173 | 109 | 46 | 63 | 64 | 55 | 9 |
2 | 2021 | 154 | 114 | 28 | 86 | 40 | 2 | 38 |
3 | 2022 | 187 | 131 | 68 | 63 | 56 | 50 | 6 |
Total | 514 | 354 | 142 | 212 | 160 | 107 | 53 | |
Source: Department of Natural Resources and Environment of Bình Xuyên District [5]
The reasons for delays or non-implementation of projects include difficulties and obstacles in policies related to compensation, support for resettlement, and site clearance when the state recovers land; policies to attract investors; and the financial capacity of investors to execute projects.
2.2. Current Situation of Land Transition Due to Land Use Rights Transfer
Besides the mandatory land transition process, the land transition due to land use rights transfer in Bình Xuyên District has been very robust.
During the period from 2020 to 2022, 354.31 hectares of land were introduced into the market through the mentioned land use rights transfer forms. The competent authority issued 16,005 land use rights certificates for these transfer cases.
Table 6. Current Situation of Land Transition Due to Land Use Rights Transfer (2020-2022) in Bình Xuyên District
TT | Year | Number of Certificates Issued Due to Land Use Rights Transfer | Land Use Rights Transfer Area (ha) |
1 | 2020 | 4,500 | 70.47 |
2 | 2021 | 5,305 | 133.84 |
3 | 2022 | 6,200 | 150.00 |
Total | 16,005 | 354.31 | |
Source: Land Registration Office branch of Bình Xuyên District [6]
The forms of land use rights transfer include transfer, inheritance, and donation of land use rights, with no cases of conversion or contribution of land use rights.
Among them, the transfer of land use rights is predominant with 10,529 cases, followed by inheritance of land use rights with 3,921 cases, and the remaining 823 cases are donations of land use rights.
Table 7. Forms of Land Use Rights Transfer (2020-2022) in Bình Xuyên District
TT | Year | Form of Transfer (cases) | Total Cases | Total Certificates Issued | ||||
Transfer | Inheritance | Donation | Quantity | Percentage (%) | Quantity | Percentage (%) | ||
1 | 2020 | 2,975 | 1,013 | 122 | 4,110 | 26.91 | 4,500 | 28.12 |
2 | 2021 | 3,863 | 1,026 | 264 | 5,153 | 33.74 | 5,305 | 33.15 |
3 | 2022 | 3,691 | 1,882 | 437 | 6,010 | 39.35 | 6,200 | 38.74 |
Total | 10,529 | 3,921 | 823 | 15,273 | 100.00 | 16,005 | 100.00 | |
Source: Land Registration Office branch of Bình Xuyên District [6]
- Assessment of the Current Situation of Land Transition in Bình Xuyên District
3.1. Evaluation by Land Users and Related Officials on Land Transition
– Factors influencing the results of land transition due to state land recovery for investigation and interviews include:
(i) Compensation and support policies (compensation price, support, eligible compensation, support recipients, etc.);
(ii) Investor’s capacity and reputation (financial capacity, corporate brand, etc.);
(iii) Type of project (public works, urban area, transportation projects, etc.);
(iv) Implementation process (execution procedures, implementation personnel, etc.);
(v) Community consultation (propaganda, mobilization, public opinion consultation, response, etc.).
The results show that land users evaluate all factors as having moderate to significant influence, with compensation and support policies being the most influential with an average score of 4.3. Officials rate the investor’s capacity and reputation as the most influential factor, with an average score of 4.2.
– Factors influencing the results of land transition due to land use rights transfer for investigation and survey include:
(i) Documentation and paperwork;
(ii) Taxes, fees, and charges;
(iii) Infrastructure and equipment;
(iv) Capacity and qualifications of officials;
(v) Working spirit and attitude.
The results show that both land users and officials evaluate all factors as having moderate to significant influence, with documentation and paperwork being the most influential factor. Land users evaluate infrastructure and equipment as the least influential factor, while officials rate taxes, fees, and charges as the least influential factor, with an average score of 3.1.
Table 8. Evaluation of the Influence Levels of Factors on Land Transition Due to State Land Recovery
No. | Criteria | Officials | Land Users |
1 | Community consultation | 3.7 | 4 |
2 | Implementation process | 3.8 | 3.6 |
3 | Type of project | 3.2 | 3.5 |
4 | Investor’s capacity and reputation | 4.2 | 3.9 |
5 | Compensation and support policies | 4.0 | 4.3 |
Table 9. Evaluation of the Influence Levels of Factors on Land Transition Due to Land Use Rights Transfer
No. | Criteria | Officials | Land Users |
1 | Working spirit and attitude of officials | 3.7 | 4 |
2 | Capacity and qualifications of officials | 3.8 | 3.6 |
3 | Infrastructure and equipment | 3.2 | 3.5 |
4 | Taxes, fees, and charges | 4.2 | 3.9 |
5 | Documentation and paperwork | 4.0 | 4.3 |
The survey and interview results above serve as one of the bases for proposing solutions to improve the efficiency of the land transition process in the locality.
3.2. General Evaluation of Achievements and Limitations
3.2.1. Achievements
The land transition process in Bình Xuyên District has promoted the socio-economic, defense, and security situation across the district, contributing to urban and rural renovation, development of technical and social infrastructure, and the establishment of industrial zones and clusters.
The land use rights transfer transactions of residents have been robust, creating a mechanism for the land market to operate and develop relatively stably and efficiently.
3.2.2. Limitations
The resolution of existing issues and the implementation of compensation, support, and resettlement in some projects have been slow.
During the land transition process due to state land recovery for projects, numerous petitions and complaints have arisen. The resolution of these issues by some specialized agencies and some communes and towns has been slow and unresolved, leading to higher-level lawsuits.
- Proposed Solutions to Improve Land Transition Efficiency in Bình Xuyên District
– The policy on land transition through state land recovery should be narrowed and expanded to include more cases of agreements with land users for land use rights transfer to implement projects. The state should only recover land for national defense, security, or other public interests of the nation and locality.
– It is necessary to adjust compensation, support, and resettlement policies reasonably (such as compensation prices, support recipients, and types of compensated land, etc.), ensuring the legitimate rights of land users whose land is recovered, to help improve land transition efficiency.
– Further expand policies to attract investors to implement projects through land-for-infrastructure exchanges and other socialization forms to speed up project implementation amidst limited budget resources. It is crucial to thoroughly evaluate investor profiles, especially their financial capacity to execute projects. Do not approve investors with weak financial capacity or those who repeatedly delay or fail to implement registered projects.
– Create the most favorable conditions for registered investment projects to be implemented, with close coordination between levels and sectors during project execution, promptly resolving difficulties and obstacles in compensation and site clearance processes, ensuring the benefits of land users and investors when implementing projects.
– For land transition due to land use rights transfer, continue to simplify administrative procedures, effectively apply information technology to quickly and conveniently address the legitimate needs of land users.
– Strengthen propaganda, mobilization, and persuasion efforts; enhance the responsibility and service attitude of related officials; pay more attention to community consultation, accountability, and feedback collection in the land transition process.
IV. Conclusion
Land transition is an inevitable rule in all countries undergoing industrialization and urbanization. The land transition in Bình Xuyên District, Vĩnh Phúc Province, to implement investment projects continues to occur strongly, mainly through mandatory land transition due to state land recovery.
Voluntary land transition through agreements with land users remains very limited. The reason is that the mechanisms and policies have not created a conducive corridor for this form.
To improve land transition efficiency, it is crucial for central state management agencies and local government levels to implement many synchronous solutions, especially solutions to perfect mechanisms and policies on land recovery, compensation, support, resettlement, investment attraction policies, and harmoniously resolve the interests of the parties involved. Only then can land resources be fully utilized to become an important internal force for socio-economic development in the current context.
References
- Bộ Tài nguyên và Môi trường (2022), Báo cáo đánh giá tình hình thi hành Luật Đất đai 2013 và định hướng sửa đổi Luật Đất đai.
- The 2018 Law on Land (Amended and supplemented) and the guiding documents (2019), National Political Publishing House of Truth.
- Đặng Hùng Võ (2018), Nhận chuyển nhượng quyền sử dụng đất nhằm thực hiện dự án – bất cập và giải pháp đề xuất, Legislative Research Journal No. 3+4 (355+356).
- World Bank (2011), Mechanism of State Land Recovery and Voluntary Land Transition in Vietnam, Research report with the theme “Society and Land Conflict.”
- Department of Natural Resources and Environment of Bình Xuyên District, Reports on the results of work for the years 2020, 2021, 2022 and directions for tasks for the years 2021, 2022, 2023.
- Land Registration Office branch of Bình Xuyên District, Reports on work results for the years 2020, 2021, 2022 and task orientations for the years 2021, 2022, 2023.
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