The problem of illegal use of agricultural land
In recent years, the management of land, planning, construction and urban order in Hanoi has always received special attention from authorities at all levels and has had many positive changes. However, violations in the use of agricultural land, especially public agricultural land, are still occurring in a complicated and unpredictable manner, especially in suburban districts.
According to the summary data reported by the Hanoi Department of Natural Resources and Environment at the explanation meeting of the Hanoi People's Council Standing Committee held at the end of December 2024, through the inspection work of the Department of Natural Resources and Environment, the number of violations in the field of land (agricultural land and public land, public land in districts) in the city is still very large. Specifically, from January 1, 2023 to December 31, 2023, 2,596 cases of violations in the management and use of agricultural land with an area of 74.2579 hectares were handled and remedied; bringing the handled results to 38,524 cases with the area of remedied violations being 1,294.24 hectares, but only reaching 61.52% of the number of violations that must be handled and remedied according to the Inspection Conclusion.
In addition, some areas of cultivated land have been encroached upon and used without permission, and units have encountered many difficulties in management and coordination. The monitoring results of the City People's Council's Monitoring Team also show that there are still many violations of construction order and encroachment of public land in the riverbank area, outside the dike, but the handling has not been completed. The total number of reported violations from districts is 390 cases (including violations of land management, construction order, dikes, flood escape corridors), 252 cases have been handled, 148 cases remain.
According to a field survey conducted by a reporter from the Economic & Urban Newspaper in Dong Anh district in 2024, the district has directed specialized departments and offices to record the current status of all violations on land, especially in public agricultural land areas and riverside alluvial land; directed communes to continue reviewing public agricultural land plots in the area. Organizing the handling of land violations and land recovery for use in projects to build community activity areas, trees, parking lots, soccer fields, pond embankments, etc.
During the year, the district handled violations and recovered about 60.7 hectares of public agricultural land; approved investment policies for 24 projects to build community activity sites. Some areas with prominent violations such as Hai Boi, Dong Hoi, Nam Hong, Van Ha, Tien Duong communes, Dong Anh town... have handled 633 cases; issued 30 decisions on penalties, 212 decisions on remediation of consequences and 127 decisions on enforcement of violations. In addition, the district also fined 10 subjects with a total of 512 million VND, confiscated 1,699m3 of sand, 1 steel ship hull, and watercraft for violations in the use of mineral, construction material and waste storage sites.
“Land management, construction order, urban civilized order... in the district still have some shortcomings, violations have not been detected in time, and illegal dumping of waste and construction materials still occurs. The district also frankly acknowledges that this problem is due to the low responsibility in performing public duties of some officials and civil servants, who have not been close to the area. The sense of responsibility, preservation of space, landscape, and environmental sanitation of a part of the people is still limited" - Vice Chairman of Dong Anh District People's Committee Hoang Hai Dang said.
The most important thing is to change the approach to land.
According to the representative of the Department of Natural Resources and Environment, in recent times, districts have actively built progress in implementation with the principle of not allowing new violations related to land and construction in suburban areas, riverbanks and outside the dike. However, due to problems with some provisions of the law, localities are still confused and slow in handling violations. "For example, public agricultural land is assigned by local authorities to organizations and individuals in the form of lease for agricultural production and livestock breeding for a limited period, but when the lease term expires, it is very difficult to determine the assets on the land, because according to regulations, these assets are not sufficient grounds for compensation when land is recovered..." - Director of the Department of Natural Resources and Environment Le Thanh Nam said.
Regarding this issue, according to lawyer Hoang Van Dao (Vietnam Lawyers Association), violations in the management and use of agricultural land in recent times are due to the lack of synchronization between the 2013 Land Law and related laws such as the Law on Bidding, the Investment Law, the Construction Law, the Housing Law, the Law on Real Estate Business, the Law on Management and Use of Public Assets, etc., which has directly affected land allocation and leasing in localities. This is also one of the main reasons why localities in general and Hanoi in particular have not effectively exploited land resources to become an important internal resource for socio-economic development.
“The most important issue is to change the way of accessing land. Difficulties in accessing land have slowed down the process of accumulating and concentrating agricultural land and are becoming a “barrier” to improving the investment and business environment and enhancing competitiveness. This has led to many projects being allocated land or leased land but being put into use slowly, causing waste of resources, low efficiency of use and many complicated complaints and denunciations,” said lawyer Hoang Van Dao.
Sharing the same view, urban planning expert - Architect Tran Tuan Anh said that in order to improve the efficiency of management and use of agricultural land, in addition to strictly implementing the provisions of the revised land law (Land Law 2024), State management agencies need to tighten the handling work. At the same time, promote propaganda work to raise awareness of individuals and organizations in complying with the law on land use in general and agricultural land in particular.
Experts all agree that the current violations in the management and use of agricultural land in suburban districts of Hanoi have two main causes: the first is the implementation of legal regulations; the second is the weak land management in some localities. Wasting land resources not only causes loss of the State budget but can also leave behind consequences no less than corruption. Therefore, State management agencies need to take action resolutely, seriously and without any forbidden areas for any violations related to the use of land for this wrong purpose.
To prevent this situation, the Hanoi government needs to step up decentralization to districts, towns, and cities to strengthen inspection, supervision, and handling of violations in the management and use of agricultural land; thoroughly handle outstanding violations. In which, clearly identify the following behaviors: illegal conversion of land use purposes (building houses, factories on agricultural land); encroachment, use of land for purposes other than those planned or abandonment... to have a basis for making records and applying the level of penalty. In addition, people need to carefully study and comply with legal regulations before converting or using agricultural land.
Urban planning expert - Architect Tran Tuan Anh
Source: https://kinhtedothi.vn/thay-doi-co-che-va-siet-chat-quan-ly.html
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