- Analyze the practical implementation of the right to access land information, highlighting the achievements, limitations, and causes related to the assurance of this right in Vietnam t
The necessity of the subject
In Vietnam, the citizens' right to access information has been recognized in Article 69 of the 1992 Constitution and continues to be acknowledged in Article
25 of the 2013 Constitution: “Citizens have the right to freedom of speech, freedom of the press, access to information, assembly, association, and demonstration.” The Law on Access to Information was passed by the 13th National Assembly on April 6, 2016, affirming the significant importance of this right for all citizens However, in practice, the implementation of citizens' right to access information has not been ensured in several areas, including land management
Land is an extremely valuable natural resource for the nation and an important means of production for humans The Land Law of 2013 introduced specific regulations for land users, such as: protecting land use rights, the legal ownership of property attached to land; stipulating land use rights, ownership rights of houses and other properties attached to land, with a greater emphasis on social security issues such as resettlement, vocational training support, and job placement for those whose land is recovered, highlighting the right to compensation, support, and resettlement when the State recovers land At the same time, it also expanded the authority for organizations and enterprises with foreign investment to receive the transfer of investment capital equivalent to the value of land use rights The 2024 Land Law, building on the provisions regarding land access rights in the 2013 Land Law, has added a new article (Article 24) regulating the right to access land information However, around this valuable asset, many complex issues such as complaints, denunciations, and disputes related to land are emerging According to the Government Inspectorate's assessment, in 2020, the number of people filing complaints decreased by 4%, but the number of petitions of all kinds increased by 1.6%, with complaints related to land accounting for the majority of total complaints (61.5%) The number of denunciations in 2020 increased by 20.8%, with denunciations in the administrative field making up the majority (64.8%) It is expected that the situation of complaints and denunciations will continue to be complicated, primarily occurring in localities with violations, gaps, and weaknesses in state management, especially in areas like land management and use Land disputes are complex, and prolonged lawsuits stem from sharp conflicts over economic interests, the consequences of ineffective management by public authorities, and the inconsistencies and lack of synchronization in land policy and law, including a significant cause being the lack of transparency in land information
The 2016 Law on Access to Information was enacted and is considered a significant step forward in creating a legal framework for the effective implementation of citizens' right to access information and enhancing the transparency and openness of state agencies' activities, including in the field of land However, the issuance of guiding documents for implementing this right in the land sector remains fragmented and scattered across many texts, making it difficult to search and apply There are no clear regulations regarding the responsibilities of heads of agencies, organizations, or officials in providing information about land or in cases of incorrect, insufficient, or erroneous implementation, as well as liability for damages when violations occur in ensuring the right to access information Recently, across the country and in each locality, despite achieving certain economic and cultural milestones, many people remain passive, less responsive, and less proactive in accessing public services in the context of international integration Awareness of the need to benefit from the right to access information in general, and land information in particular, is still low Local governments have implemented many policies prioritizing economic resources and infrastructure development in border and mountainous areas; however, many regions are still underdeveloped, with low literacy rates and a significant proportion of poor and near-poor households Some segments of the population still have a mindset of waiting for state support, showing little interest in or initiative to access information and policies regarding land planning and use plans in their locality The monitoring mechanism is not truly effective, and the issues of social supervision and feedback are not specific
Land information plays an important role, but not all citizens understand and grasp land information Many pieces of information affect not only individual interests but also the interests of the nation as a whole For instance, in a country like Vietnam, which is the second-largest rice exporter in the world, agricultural land holds particular political, economic, and social significance Agricultural land is reflected in the Land Laws of 1987, 1993, 2003, 2013, and the current Land Law of 2024 Policies and laws regarding agricultural land have significantly contributed to achieving revolutionary goals throughout various phases and to the notable achievements during the reform period According to statistics from the Ministry of Agriculture and Rural Development, on average, each hectare of reclaimed agricultural land affects the employment of over 10 rural workers, impacting food security In Vietnam, considering domestic food security means planning land for agricultural production before thinking about land for industrial and urban areas On average, every year, Vietnamese farmers have to give up 74,000 hectares of agricultural land for residential, urban, and industrial projects The rate of loss of agricultural land due to urbanization and climate change is currently very serious The area of natural forest is declining This information must be disseminated by the state so that every citizen and enterprise can be informed and proactive in their life plans
Although the 2024 Land Law, passed by the National Assembly, has provisions that help expand access rights to land for households, individuals, and organizations, facilitating production and business activities, the indicators for land access and transparency of land information for citizens and enterprises in various assessment reports on land information transparency have shown a concerning decline Opportunities for citizens to access information and contribute opinions on land planning and use plans at the local level account for only a very small percentage The lack of transparency and monopoly over land information will increase opportunities for corruption, reduce the effectiveness of resource use, and force citizens and enterprises to incur higher costs in their efforts to seek information Therefore, perfecting the mechanisms to ensure citizens' right to access land information is essential for in-depth research and finding effective solutions to enhance the effectiveness of citizens' access to land information This contributes to ensuring human rights as well as effectively ensuring appropriate management by public authorities, and the synchronization of the land policy and law system is a necessary task with both theoretical and practical significance, aligning with Vietnam's deep and wide integration trend in the new era
Based on the above reasons, the researcher has chosen the topic “Ensuring the Implementation of the Right to Access Land Information in Vietnam Today” as the subject of their law thesis.
The purpose and tasks of the research
2.1 The purpose of the research
The purpose of this thesis is to clarify the theories and practicalities issues related to ensuring the right to access information about land Based on this, it aims to propose a group of scientific and feasible solutions to improve the implementation of the right to access land information in Vietnam today
2.2 The tasks of the research
To achieve the aforementioned research objectives, the thesis focuses on the following specific tasks:
- Overview of domestic and international studies related to the topic to identify the research results achieved in both theory and practice, as well as to determine the inherited values and issues that require further research
- Clarify the theoretical basis for the right to access land information and ensure its implementation: concepts, characteristics of land information, the right to access land information, and ensuring the right to access land information This includes the content of ensuring the right to access land information, the methods of assurance, and the factors affecting the implementation of the right to access land information
- Analyze the practical implementation of the right to access land information, highlighting the achievements, limitations, and causes related to the assurance of this right in Vietnam today
- Identify viewpoints and propose feasible groups of solutions to ensure the implementation of the right to access land information in Vietnam at the present stage.
Research Methodology and Orientation of Thesis
The thesis approaches the issue from an interdisciplinary perspective, based on the scientific study of human rights, including the right to access information, to further explore the factors that ensure the implementation of the right to access land information From a legal standpoint (Constitutional Law, Administrative Law, Land Law, etc.), it aims to clarify the fundamental theoretical issues concerning the right to access land information and ensure its implementation Additionally, it incorporates various social sciences, such as political science, legal theory, and economics
In the research process, the topic employs the following research methods:
The thesis is based on the Marxist-Leninist theory and Ho Chi Minh's thoughts on the State and Law, as well as the Party and State's views on human rights and the assurance of human rights in building a socialist rule-of-law state for the people, by the people, and of the people The author also utilizes various theories of human rights in general, combined with knowledge from different scientific fields
This method is primarily used to clarify certain legal provisions related to ensuring the right to access land information, such as the subjects entitled to access land information, those obligated to provide land information, methods of access, and costs of access It highlights the results and limitations of ensuring the right to access land information
This method is used to construct concepts, content, and characteristics of the right to access land information and ensure its implementation It is also applied when presenting opinions or commenting on legal provisions and practical events, providing the researcher with a practical basis for scientific conclusions
This method is utilized to study the experiences of other countries in ensuring the right to access land information, the level of completeness of laws, and the practical implementation of the right to access land information This serves as a basis for the author to consider when proposing solutions to ensure the right to access land information in Vietnam
This method is applied in the overall research of studies related to the topic and the practical situation of implementing laws that guarantee the right to access land information (Chapter 2 of the thesis)
This method is used to substantiate certain assertions about the current state of law and the practical implementation of the right to access land information in Vietnam in Chapter 2, as well as to propose solutions to enhance the effectiveness of ensuring the right to access land information in Chapter 3 Written Survey Method (Questionnaire) To establish a practical basis, the author developed two survey forms to collect opinions from two groups of subjects, with 15 and 16 questions related to the research content Expert Interview Method This method involves direct interviews with several experts regarding specific aspects related to the topic.
Objects and scope of research
The research subject of the thesis is the theoretical and practical issues related to ensuring the right to access information in the field of land in Vietnam today
- Scope of content: The thesis focuses on studying the following contents: + Theoretical aspects of ensuring the right to access land information + Practical implementation of the right to access land information
+ Perspectives and solutions to ensure the right to access land information in Vietnam in the current period
- Scope of time: The research summarizes the practical implementation of laws concerning the right to access land information from 01/7/2014 to 2023
- Scope of spaces: The study evaluates the legal status and practical implementation of the right to access land information in Vietnam today Specific information and data regarding the research content from certain localities are used by the author as evidence for comparison and analysis in the thesis.
New scientific contributions of the thesis
According to the author, this is the first specialized scientific work at the dissertation level that comprehensively studies the theoretical knowledge related to ensuring the right to access information in a specific field, namely land
- First, the dissertation further develops concepts and characteristics regarding land information, the right to access land information, and ensuring the implementation of the right to access land information It analyzes the factors influencing the assurance of the right to access land information This research contributes to the theoretical framework for ensuring the right to access land information in general
- Second, by examining the legal provisions and the current state of ensuring the right to access land information, the author evaluates the achievements, limitations, and causes related to ensuring this right in Vietnam today
- Third, the dissertation identifies perspectives and groups of solutions to improve the law and organize its implementation to ensure the right to access land information This includes regulations on the procedures and processes to guarantee the right to access land information, the responsibilities of public authorities, and the conditions necessary for citizens to exercise their right to access land information in practice This content is analyzed in Chapter 3 of the thesis.
The meaning of theories and practicalities of the subject
- The meaning of theories of the subject
The issue of ensuring the right to access land information is a research project that contributes to the theoretical framework regarding the specific right to access information about land This research is innovative from a legal science perspective, based on the provisions in the Law on Access to Information, the Land Law, and other relevant legal documents Through this study, the aim is to clarify issues from theoretical, legal, and practical perspectives concerning the implementation of the right to access land information
Based on both theory and practice, the dissertation analyzes and highlights the advantages, limitations, and obstacles within the law and its practical application to ensure the right to access land information From this analysis, the author proposes solutions to ensure the right to access land information in Vietnam in the current period
- The meaning of practicalities of the subject
The research results of the thesis provide valuable references for legislative and regulatory bodies in the process of studying, developing, and improving laws such as the Land Law, the Law on Access to Information, the Anti-Corruption Law, government decrees on administrative penalties in the land sector, and circulars from the Ministry of Natural Resources and Environment regarding the construction, management, and exploitation of the land information system The thesis is valuable for research and teaching at legal education institutions and serves as a reference for state agencies in the implementation of laws to address related requests, contributing to the effective realization of the right to access information about land for individuals and organizations.
The structure of the thesis
The thesis is structured as follows:
- Overview of research related to the topic
Chapter 1: Theoretical Issues on Ensuring the Right to Access Land
Chapter 2: Practical Implementation of the Right to Access Land
Chapter 3: Perspectives and Solutions to Ensure the Right to Access Land
Information in Vietnam in the Current Period
OVERVIEW OF RESEARCH SITUATION RELATED TO THE THESIS
Research situation abroad
It can be said that in international legal scholarship, the study of the right to access information has been examined by many authors in various countries from multiple perspectives These works provide important knowledge about the right to access information from the standpoint of international human rights law and serve as significant resources, both theoretically and practically, for countries like Vietnam that are advancing research, implementation, and enhancement of the right to access information, particularly in the field of land, which is the focus of this thesis The research findings serve as a crucial theoretical and practical foundation for the author to establish the theoretical basis and evaluate the current practices regarding the assurance of the right to access land information in Vietnam.
Research situation in the country
Domestic studies include theoretical and practical research on the right to access information related to land information; works directly addressing the right to access land information and ensuring the implementation of this right; and in- depth studies on the issue of ensuring the right to access land information in Vietnam.
Comment on the research situation related to the thesis topic and the
The achievements in theory and practice
First, the research works have clarified the theoretical issues regarding the right to access information in general and the role of this right in protecting other rights
Second, international research on the right to access information and some studies related to the field of land, as mentioned above, have helped the author grasp the theoretical issues and international experiences regarding the right to access information in general, and land rights in particular
Third, comprehensive studies have examined the understanding and implementation of the right to access information across various fields, including the enforcement of the right to access land information, which encompasses the current state of information disclosure in the land sector and the accessibility of information upon request by citizens Domestic research has also analyzed the role and limitations of monitoring, social criticism, and information transparency in the land sector, as well as the establishment of mechanisms to ensure the right to access information in general These research contents provide a basis for the author to conduct comparative studies from the perspective of comparative law on the role of ensuring the right to access information in general and the right to access land information in particular
Fourth, some domestic studies have evaluated the practical implementation of the right to access information in several key areas in Vietnam today The content of some works and research topics specifically addresses transparency and information disclosure so that citizens can be informed, inquire, and participate in providing feedback to ensure their rights when the State recovers land, compensates, and supports resettlement, as well as their right to access information in land planning and management
Fifth, research works (especially domestic ones) have explored various aspects of solutions to ensure the right to access information in general, including international experiences in safeguarding this right, mechanisms to ensure access to information, improving the quality of land information access, solutions to protect human rights when the State recovers land, and issues related to land transparency from management levels to end-users These studies provide the author with a broader perspective on the issue of ensuring the right to access information, forming a basis for making recommendations to enhance transparency in land information and ensure the implementation of the right to access land information in Vietnam today.
The thesis needs to keep researching the issues that are related to the subject
Through an overview of research works, the author finds that in addition to the achievements that the thesis will inherit and continue to develop, there are several issues related to the topic that have not been thoroughly addressed and require further research:
- The concepts, roles, and characteristics of the right to access land information have not been adequately examined in research works in Vietnam The content, significance, and limitations of the right to access land information have not been clearly analyzed in any studies Additionally, the factors influencing the assurance of the right to access land information remain unexplored
- Most studies on the right to access information in Vietnam have only focused on the practical assurance of this right in general, with very limited connections to the right to access land information However, these studies tend to be statistical in nature and do not delve deeply into the specific analysis and evaluation of the current state of ensuring the right to access land information in Vietnam Therefore, it is necessary to research and evaluate the current situation regarding the assurance of the right to access land information from the perspectives of both the entities ensuring the right and those exercising the right, as well as the factors that guarantee the implementation of the right to access land information (especially legal assurances) since the Land Law 2013 came into force, now the Land Law 2024
- Perspectives and solutions to enhance the effectiveness of ensuring the right to access land information in Vietnam today have only been mentioned in a general manner, individually in various research works No study has yet conducted an in-depth examination of this issue.
Question and hypothesis in research
Research Question
The thesis directly addresses the scientific issues (in the form of research questions), including:
First, what is the right to access land information? How is the assurance of the right to access land information understood? What does the content of ensuring the right to access land information include? Why is legal assurance the most important factor? What are the factors influencing the assurance of the right to access land information?
Second, what is the current practice of ensuring the right to access land information in Vietnam? What achievements and limitations exist? What are the causes of these achievements and limitations?
Third, what perspectives and solutions are needed to effectively ensure the right to access land information today?
Research hypothesis
Based on the theoretical, legal, and practical research on ensuring the right to access land information, the thesis aims to demonstrate the validity of the following hypotheses to answer the research questions:
- In Vietnam today, the right to access land information is recognized within the legal system The State plays an important role and has a strong influence on ensuring the implementation of the right to access land information
- Economic, political, cultural, and legal factors all impact the assurance of the right to access land information, with the legal factor having the most significant influence
- The current state of ensuring the right to access land information is still limited, and the legal awareness and practical ability of individuals to exercise this right are not high
- Identifying the causes and proposing solutions to effectively ensure the implementation of the right to access land information in practice is of significant importance in the current period.
THEORETICAL ISSUES ON ENSURING THE
Concept and characteristics of the right to access land information
1.2.1 The concept of ensuring the implementation of the right to access land information
In English, the term "guarantee" (as a verb) is understood as the responsibility for something, facilitating its completion The term
"implementation" can be understood as the act of putting something into effect, realizing an application, or executing a plan, idea, model, or policy
According to the Vietnamese dictionary, "bảo đảm" (guarantee) means creating certain conditions, preserving, ensuring, or having all necessary elements In legal terminology, "bảo đảm" refers to the responsibility of a subject (individual or organization) to ensure that the rights and interests of the other party are effectively realized and preserved If harm occurs, the responsible party must provide compensation (i.e., ensuring that the rights are realized and preserved, or having all necessary elements)
Some other studies suggest that "bảo đảm" means taking responsibility for a matter or creating conditions for its completion The meaning of "thực hiện" (implementation) is to make something real through specific actions Guaranteeing rights in general requires the State to respect, protect, and fulfill these rights in practice Ensuring the implementation of the right to access land information goes beyond focusing on building institutions and strategies; it must also emphasize the actual deployment and organizational execution in practice Thus, "bảo đảm" in a broad sense means meeting necessary conditions and being responsible for the realization of a matter In accessing information in general, it is essential to create the necessary conditions and premises to ensure that individuals and organizations can fully and accurately access information as prescribed by law
From the characteristics of ensuring the right to access information, the nature of land information, and the scope of the research in this thesis, we understand the concept of ensuring the implementation of the right to access land information as the establishment of legal frameworks, the formation of
Concept and characteristics of ensuring the implementation of the right
1.2.1 The concept of ensuring the implementation of the right to access land information
In English, the term "guarantee" (as a verb) is understood as the responsibility for something, facilitating its completion The term
"implementation" can be understood as the act of putting something into effect, realizing an application, or executing a plan, idea, model, or policy
According to the Vietnamese dictionary, "bảo đảm" (guarantee) means creating certain conditions, preserving, ensuring, or having all necessary elements In legal terminology, "bảo đảm" refers to the responsibility of a subject (individual or organization) to ensure that the rights and interests of the other party are effectively realized and preserved If harm occurs, the responsible party must provide compensation (i.e., ensuring that the rights are realized and preserved, or having all necessary elements)
Some other studies suggest that "bảo đảm" means taking responsibility for a matter or creating conditions for its completion The meaning of "thực hiện" (implementation) is to make something real through specific actions Guaranteeing rights in general requires the State to respect, protect, and fulfill these rights in practice Ensuring the implementation of the right to access land information goes beyond focusing on building institutions and strategies; it must also emphasize the actual deployment and organizational execution in practice Thus, "bảo đảm" in a broad sense means meeting necessary conditions and being responsible for the realization of a matter In accessing information in general, it is essential to create the necessary conditions and premises to ensure that individuals and organizations can fully and accurately access information as prescribed by law
From the characteristics of ensuring the right to access information, the nature of land information, and the scope of the research in this thesis, we understand the concept of ensuring the implementation of the right to access land information as the establishment of legal frameworks, the formation of institutions, and the provision of methods for land users to access land information fairly, equally, accurately, timely, and transparently, in accordance with the law
1.2.2 Characteristics of ensuring the implementation of the right to access land information
Factors influencing the assurance of the right to access land information
1.3.1 Laws ensuring the implementation of the right to access land information
- Ensure that all citizens, individuals, and organizations have equal and fair access to land information in accordance with the law
- Ensure that all citizens, individuals, and organizations have access to accurate, complete, and timely land information as required by law
- Improve the legal basis for temporarily suspending the exercise of the right to access land information
1.3.2 Establish institutions to ensure the implementation of the right to access land information
1.3.3 Provide legal methods to ensure the implementation of the right to access land information
1.4 Factors influencing the assurance of the right to access land information
Factors related to the level of public awareness
Ensuring the implementation of the right to access land information in
in several countries around the world and the lessons learned for Vietnam
PRACTICAL IMPLEMENTATION OF THE RIGHT TO
The practical legal framework for ensuring the implementation of the
- Ensure equality and fairness in accessing land information according to the law
- Ensure that individuals and organizations have full, accurate, and timely access to land information
- Legal basis for temporarily suspending the right to access land information.
The practical implementation of institutions ensuring the right to access
- This section examines the institutional mechanisms ensuring the implementation of the right to access land information, focusing on state power and other agencies and organizations involved in this process
- Achievements in the practical assurance of the right to access land information in Vietnam include:
First, the competent authorities have developed and managed a land information system, ensuring the right to access and utilize data from this system Second, administrative procedures related to land have been fully disclosed Third, timely and public information from the National Land Information System is made available to land users and other organizations and individuals, except for information classified as state secrets according to the law
Fourth, administrative decisions and actions in land management affecting the rights and legitimate interests of organizations and individuals are generally fully communicated, and the competent authorities have facilitated and provided land information to organizations and individuals as prescribed by law
Fifth, in many localities, the government has been proactive and responsive to challenging conditions, with public officials consistently displaying professionalism, enthusiasm, and responsibility in guiding and providing information to the public
2.2.4 Some limitations and causes in ensuring the implementation of the right to access land information
- First, publicly available land information is still limited, and some information portals are not updated in a timely manner for citizens to access when needed
- Second, the responsibility of information providers is not high
- Third, the infrastructure system for providing information is still inadequate
- Fourth, the activities for disseminating and popularizing land law are limited
2.2.5 Activities for accessing land information from the perspective of the entities with the right to access
To better ensure the right to access land information, in addition to the State's responsibility to guarantee this right as prescribed by law, the entities with the right to access information must recognize the importance of this right in practice and proactively seek access to land information However, in reality, there are several limitations from the perspective of those entitled to access land information
- First, there is a lack of understanding regarding the important role of the right to access land information This situation is evident in many places across the country According to statistics from 2018, in Vietnam, less than 25% of respondents were aware of the land planning/use plans in their area Less than 30% reported having the opportunity to contribute opinions on land use plans, highlighting a high risk of corruption in the land sector
When surveying public interest in the right to access land information, we found that nearly 50% believed they had the right to request land information from government agencies Over 40% acknowledged their right but felt it was dependent on the State Additionally, more than 7% believed they did not have this right, and over 2% were unaware or uninterested
- Second, there is a lack of proactivity in accessing land information.
The practical methods for ensuring the implementation of the right to
to access land information in Vietnam
From the analysis of the legal framework and the practical implementation of ensuring the right to access land information, it is evident that this right is recognized within the legal system The State plays a significant role and has a strong impact on ensuring the enforcement of laws regarding the right to access land information, with regulations in the legal system being quite clear and systematic However, some regulations are still lacking or overlapping, as previously analyzed
Currently, the effectiveness of ensuring the right to access land information across the country is still limited, and the legal awareness and practical ability to exercise this right are not high Understanding the current situation is crucial to identify limitations and propose recommendations and solutions that contribute to the effective realization of the right to access land information in practice
Ensuring the implementation of the right to access land information contributes to safeguarding human rights, ensuring social equity, enhancing the transparency of the law, building trust between citizens and the government, and contributing to the establishment of a socialist rule-of-law state in Vietnam.
PERSPECTIVES AND SOLUTIONS FOR ENSURING THE
Perspectives on ensuring the implementation of the right to access land
- Ensuring the implementation of the right to access land information must be based on compliance with international human rights standards and the Party's views on safeguarding human rights: First, ensuring the implementation of the right to access land information must align with international human rights standards Second, it must be consistent with the Party's perspective on safeguarding human rights
- Ensuring the implementation of the right to access land information should always be linked to the construction of a rule-of-law state by the people, for the people, enhancing social democracy
- Ensuring the implementation of the right to access land information needs to be connected with anti-corruption efforts
- Ensuring the implementation of the right to access land information must be considered within the overall framework of legal improvement.
Solutions for ensuring the implementation of the right to access land
3.1 Perspectives on ensuring the implementation of the right to access land information
- Ensuring the implementation of the right to access land information must be based on compliance with international human rights standards and the Party's views on safeguarding human rights: First, ensuring the implementation of the right to access land information must align with international human rights standards Second, it must be consistent with the Party's perspective on safeguarding human rights
- Ensuring the implementation of the right to access land information should always be linked to the construction of a rule-of-law state by the people, for the people, enhancing social democracy
- Ensuring the implementation of the right to access land information needs to be connected with anti-corruption efforts
- Ensuring the implementation of the right to access land information must be considered within the overall framework of legal improvement
3.2 Solutions for ensuring the implementation of the right to access land information
3.2.1 Improve the legal framework to ensure that land users, individuals, and other organizations have fair, equal, complete, and timely access to land information
- Ensure timeliness, completeness, and transparency
3.2.2 Solutions for improving the institutional framework to ensure the implementation of the right to access land information
- Transfer the function of providing land information from the Land Registration Office to public authorities
- Alternatively, consider establishing an increased number of land registration offices based on land area and population density
- It is necessary to establish an independent Information Commission The establishment of a dedicated agency for monitoring land information will significantly impact public officials, enhancing awareness, regulating behavior, reducing negative actions, and decreasing arbitrary use of executive power in state management in general, and land management in particular
- The activities of the National Assembly, People's Councils, and People's Committees should also be integrated Additionally, it is essential to ensure coordination among relevant agencies such as the Department of Natural Resources and Environment, Environmental Resource Offices, Land Registration Offices, Notary Offices, Investigation Police Agencies, Courts, and law firms, to create a cohesive and unified system of information and data about land, thereby facilitating individuals and organizations in exercising their right to access land information
3.2.3 Solutions for methods to ensure the implementation of the right to access land information
- Regarding the public disclosure and provision of land information by competent authorities:
First, it is necessary to develop and diversify the methods of information provision, especially online services that offer information
- Administrative procedures related to land must be more specifically disclosed on local websites, with the latest documents and procedures regularly updated The “Q&A” system should be maintained and its effectiveness promoted, with clear and public contact information for responsible individuals Second, better ensure the necessary infrastructure and technical equipment Third, regulations should be added to enhance the provision of land information through the activities of government spokespersons and in mass media when necessary
Fourth, continue to implement solutions to simplify administrative procedures in the field of land
Fifth, clearly define the accountability mechanisms for officials and competent authorities in providing unverified land information, misleading information, or withholding land information Additional regulations should address the consequences of providing outdated information as stipulated by law, including the refusal to provide information
Sixth, there should be clearer regulations regarding administrative penalties for actions related to ensuring the right to access information, including land information, especially actions involving the refusal to provide information or failure to disclose land information as required by law
Seventh, it is essential to enhance the responsibility of individuals in authority for providing information
Specific guidelines should be issued to support visually impaired individuals in accessing information Therefore, raising awareness and improving the professional competence of those responsible for providing information is necessary
Eighth, there should be strict penalties for violations committed by offenders
- Solutions for entities entitled to access land information:
First, it is important to raise public awareness regarding the assurance of the right to access land information
Second, individuals should actively seek and obtain information to protect their rights and avoid unnecessary losses due to a lack of proactive information seeking
Third, gender equality issues should be integrated into the dissemination of legal knowledge, enhancing legal awareness about the right to access land information for women, particularly in rural, remote, and isolated areas, so that they can protect their legitimate rights and interests While land law and civil law have created a favorable environment for achieving equality in land-related rights, some provisions in land law remain unclear, potentially undermining women's rights to access land information Therefore, raising awareness and diversifying methods of communication, as well as direct dialogue on related content, is essential
CONCLUSION AND FUTURE RESEARCH DIRECTIONS
Based on the research results on ensuring the right to access land information in Vietnam today, the author draws the following conclusions:
1 The topic has established the concepts of land information, ensuring the right to access land information, and the characteristics and roles of ensuring the right to access land information Accordingly, ensuring the right to access land information involves activities that create necessary conditions and prerequisites for individuals and organizations to fully and accurately access land information as prescribed by law Ensuring the right to access land information requires the state to respect, protect, and fulfil these rights in practice This guarantee should not only focus on building institutions and strategies but also prioritize the implementation and organization of these rights Information about land must be timely, transparent, equitable, linked to state guarantees, and subject to changes over time
2 The thesis has analyzed and clarified the principles of ensuring the right to access land information for citizens as stipulated in the Law on Access to Information and the Law on Land These principles include: All citizens are equal and not discriminated against in exercising their right to access land information; information provided about land must be accurate and complete according to legal requirements; the provision of information must be timely, transparent, and convenient for citizens, following the proper procedures and regulations established by law; any restrictions on the right to access land information must be legally defined and necessary for reasons of national defense, security, public order, social morality, or community health, the exercise of the right to access land information by citizens and organizations must not infringe upon national and ethnic interests, as well as the legal rights and interests of agencies, organizations, or individuals, the state shall create favorable conditions for disabled individuals, residents in border areas, islands, mountainous regions, and those in particularly difficult socio-economic conditions to exercise their right to access land information The thesis also analyzes the factors affecting the assurance of the right to access land information today, including economic, political, cultural, and legal factors
3 The thesis has analyzed the criteria for evaluating the degree of assurance in exercising the right to access land information, from policies and laws to the transparency of implementation in practice, as well as the awareness and responsibility of those entitled to access land information The thesis has also examined the limitations of the right to access land information
4 To ensure the effective implementation of the right to access land information, the thesis has analyzed and clearly identified the mechanisms necessary for this right to operate seriously, actively, and with a high level of responsibility, as well as the mechanisms for effective coordination between state agencies and the beneficiaries of the right to access land information This includes the obligation of competent authorities to publicly provide information in a timely, accurate, complete, and responsible manner The law also stipulates the responsibilities of information-providing agencies to implement measures that ensure citizens’ right to access information In the exploitation of land information data, coordination among various ministries and agencies is necessary Relevant ministries and agencies are responsible for providing basic survey results and data related to land to the General Department of Land Administration for updating the national land database and land information system Establishing a unified system of state agencies from central to local levels in land management is crucial for determining the effectiveness of activities that protect citizens' rights to access land information
From the perspective of those exercising the right to access land information, there is a need to recognize the importance of land information and to proactively seek it, avoiding a passive approach due to fear of interaction with state officials The lack of initiative in accessing information has diminished their rights compared to individuals and organizations that actively pursue timely access to information Local governments should actively collaborate with organizations and mass bodies to promote the Party's guidelines and state laws, raising awareness and the sense of responsibility among citizens regarding the right to access information in general, and the right to access land information in particular
5 The topic has described the existing legal regulations concerning the assurance of the right to access land information in Vietnam today and has surveyed to identify some limitations and inadequacies in the legal provisions on this issue Additionally, the thesis has analyzed, surveyed, and evaluated the current state of activities ensuring the right to access land information, highlighting the achievements in safeguarding this right It has also pointed out the shortcomings and limitations, as well as the causes of these shortcomings in ensuring the right to access land information in Vietnam today
6 To determine solutions for enhancing the effectiveness of ensuring the right to access land information in the coming period, the thesis has analyzed related viewpoints It emphasizes that ensuring the right to access land information must be based on alignment with international human rights standards and the Party's views on safeguarding human rights, while always being connected with the construction of a rule-of-law state of the people, by the people, and for the people, promoting socialist democracy
Ensuring the right to access land information needs to be linked with anti- corruption efforts and should be placed within the overall context of improving legal frameworks