quản trị dự án – trong công tác giải phóng mặt bằng e

Quản trị dự án – Trong cơng tác giải phóng mặt As far as we know "Site clearance" is the process of implementation of tasks related to the relocation of houses, trees, buildings and a residential unit on a portion of land set plans for the renovation, expansion or construction of a new building The process of reclamation is calculated from the start of the establishment of the Reclamation Council until the acquisition is complete, making a clean land fund and handing over the land to investors This is a complex and diverse process represents the difference between the project and directly related to the parties that expresses difference between projects and directly relating to stakeholders and whole society Site clearance directly affects benefits of the State, investors but also affects the physical as well as spiritual life of people with land acquisition The site clearance is crucial for the progress of the project, is the first step in the implementation of the project and experience expresses that through many executed projects "Quick clearance is half of the project” Land clearance to be implemented on schedule, right plan will save time and the effective implementation of the project In contrast, the slow clearance, prolonged influence the progress of construction works as well as the cost of the project, has caused no small damage during construction Therefore, to site clearance work most effectively we must develop a detailed and scientific plan During the site clearance, to make new urban construction projects in commune A in Tu Liem district, Hanoi, we have to follow some rules: Some legal basis for reclamation for urban area planning in Hanoi: Pursuant to the Decree No 197/2004/NĐ-CP dated 03/12/2004 by the Government on compensation, support and resettlement in case that land is revoked by the State The Decree No 17/2006/NĐ-CP dated 27/01/2006 by the Government on amending, supplementing some Articles of the Decrees on instructing the enforcement of the Land Law and the Decree No 187/2004/NĐ-CP on transferring State-owned companies to joint stock companies; Pursuant to the Decree No 84/2007/NĐ-CP dated 25/5/2007 by the Government on providing the addition of Certificate of land use right, land reclamation, support and resettlement, implementation of land use right, order, procedure for compensation, support and resettlement in case that land is revoked by the State and settlement of land claim  Pursuant to the Circular No 06/2007/TT-BTNMT dated 25/5/2007 on instructing the enforcement of some articles of the Decree No 84/2007/NĐ-CP dated 25/05/2007 by the Government on providing the addition of Certificate of land use right, land reclamation, support and resettlement, implementation of land use right, order, procedure for compensation, support and resettlement in case that land is revoked by the State and settlement of land claim; The law on amending and supplementing the Construction Law of the Socialist Republic of Vietnam 2009; The Decree No 69/2009/NĐ-CP dated 13/8/2009 by the Government on providing the addition to the land use planning, land price, reclamation, support and resettlement; The Circular No 14/2009/TT-BTNMT dated October 2009 by the Ministry of Natural Resources and Environment on providing in details the reclamation, support and resettlement and orders, procedures for land revocation, land handover and land lease; The Circular No 57/2010/TT-BTC dated 16/4/2010 by the Ministry of Finance on the estimate preparation, use and final payment of expenditure for reclamation, support and resettlement in case that the State revokes land The Decision No 32/2010/QĐ-UBND dated 4/8/2010 by People’s Committee of Hanoi city on promulgating price frame of reclamation The decisions on procedures for land revocation, land handover, reclamation, support and resettlement for each type of land… on price of building, architectures, land price, tree price, determination of classification of street, land rank by People’s Committee of Hanoi city for some specific project Orders of land clearance, support and reclamation Establishing Reclamation Council (comprising of Leadership of People’s Committee of Tu Liem district, chairman, representative of financial agency or MAGACO - Vice Chairman and permanent members, Natural Resources and Environment Agency, representatives of affected-communes, representatives of affected-households (02 persons) to hold a post of member) 2 Announcing notice of land revocation guideline and preparation of cadastral documents for the affected-land area Preparing, appraising and approving overall plan on reclamation, support and resettlement Notifying land revocation (for existing land users) Making decision on land revocation (notifying to existing land users from the time of such decision till the time of revocation completion) Building resettlement area and land area for production and nonagricultural service premises Declaring, checking and defining origin of land Preparing, appraising, approving option of reclamation, support and resettlement Going public the option of reclamation, support and resettlement 10 Implementing payment of reclamation, support and resettlement 11 Time of land handover (20 days right after the payment of reclamation, support and resettlement) 12 Applying revocation enforcement (if any) 13 Settling claim on the decision on reclamation, support and resettlement or decision on revocation enforcement (if any, pursuant to Article 138, the Land Law, Article 63, Article 64, the Decree No 84 and the regulations on claim settlement at the Decree No 136/2006/NĐ-CP) Requirements on reclamation: - Scope of land clearance is to deploy land for building new urban area which mainly agricultural land, within such area of agricultural land, there are 60 households that must evacuate; - Calculation of reclamation for objects must ensure that such compensation is right and full in accordance with the prevailing current regulations and the polices of the Sate; - Ensuring harmony, equality between objects within the scope of the project; - In terms of progress, it must be timely and prompt; For the land clearance to gain the best efficiency, we can divide the project into small tasks via diagram WBS Reclamation and land clearance Establishment of Reclamation Council Assigning functions, tasks to members Concretizing implementation phases and content of development Leveling and plan handover Compensation Announcing notice of land revocation guideline and preparation of cadastral documents for the affectedland area Preparing, appraising and approving overall plan on reclamation, support and resettlement Notifying land revocation and making decision on land revocation Building resettlement area and land Declaring, area for checking and production defining origin and of land nonagricultur al service premises Preparing, appraising, approving option of reclamation, support and resettlement Going public the option of reclamation, support and resettlement, implementing payment of reclamation, support and resettlement Time of land handover (20 days right after the payment of reclamation, support and resettlement) Applying revocation enforcement Designing (if any), leveling plan settling claim and method on the of leveling (at decision on the same time reclamation, of designing support and project resettlement infrastructure) or decision on revocation enforcement Organizing leveling After the clearance, establish clean land fund and hand it over to Employer By means of Diagram GANTT, express tasks of the site clearance as per its schedule from 15/01/2013 to 20/6/2013 Establishment of Reclamation Council 1.1 People’s Committee of Hanoi city cooperates with MAGACO Project Management Unit to establish a Reclamation Council 1.2 Assigning functions and tasks to each division and to each member Assigning tasks to each member must be in accordance with person, avoid situation of redundancy of labor for each item and capacity to implement any task assigned Reclamation 2.1 Notifying guidance and preparing cadastral documents - Preparing, appraising and approving overall option of reclamation, support and resettlement - Right after obtaining the acceptance of investment, land revocation in writing, the Reclamation Council is responsible for going public such guidance in accordance with the regulations - The communal affected-People’s Committee is responsible for listing such notice in its head office and in residential affected-establishments and broadcasting it over the commune - Registering land use right and preparing cadastral document for the revoked land in accordance with the regulations - Basing on data and information in the cadastral document of revoked land, the Reclamation Board prepares overall option of reclamation, support and resettlement under Article 51, the Decree No 84/2007/NĐ-CP - Related sectors or offices appraise and then submit it to the city People’s Committee for approval 2.2 Notifying land revocation and making decision on land revocation: After the approval of the overall option, basing on Article 52, the Decree No 84/2007/NĐ-CP, the Reclamation Council gives a notice of land revocation to each existing land user enclosed with policies The District People’s Committee makes decision on land revocation in accordance with the regulations and such decision must be given to each existing land user and listed in head office of the communal affected-People’s Committee after such decision is received till the land revocation completes 2.3.) Building resettlement area and land area for production and nonagricultural service premises (building resettlement area is done at the same time of building project areas, in short-term, support expense for hiring house for households) The Project Management Unit cooperates with local authorities to check, prepare construction option and implement the infrastructural construction of resettlement areas, production premises to meet the demand on resettlement, settle employment for affected-households In case that households not have demand on resettlement or land fund of the localities can not afford to meet the demand on land arrangement for the purpose of operation, should barnstorm them to receive compensation and they can find out accommodation and business location themselves under the reclamation, support and resettlement policy 2.4 Declaring, checking and defining origin of land: - Project Management Unit cooperates with local authorities to film initial status to have a base for settling difficulties in the future - Project Management Unit defines landmark of clearance (in terms of land of households and organizations, pursuant to real data and material of Cadastral Department as made decision on revocation by People’s Committee of Tu Liem district) while notifies to such households, organizations in the project area and communicate polices and guidance of the State that relates to the reclamation - After the preparation completes, the Reclamation Council cooperates with Project Management Unit, commune, villages … to check real status, building, architectures, trees, crops, land of affected-households and make minutes of inventory 2.5 Preparing, appraising, approving option of reclamation, support and resettlement a) Preparing option of reclamation, support and resettlement: - After inventorying, the working team prepares option of reclamation, support and resettlement in accordance with the regulations in (the Decree No 69/2009/NĐCP dated 13/8/2009 by the Government on providing the addition to the land use planning, land price, reclamation, support and resettlement, the Decree No 69/2009/NĐ-CP dated 13/8/2009 by the Government on providing the addition to the land use planning, land price, reclamation, support and resettlement, the Circular No 57/2010/TT-BTC dated 16/4/2010 by the Ministry of Finance on the estimate preparation, use and final payment of expenditure for reclamation, support and resettlement in case that the State revokes land, the Decision No 32/2010/QĐ-UBND dated 4/8/2010 by People’s Committee of Hanoi city on promulgating price frame of reclamation and decisions on procedures for land revocation, land handover, reclamation, support and resettlement for each type of land… on price of building, architectures, land price, tree price, determination of classification of street, land rank by People’s Committee of Hanoi city for some specific project) - The communal affected-People’s Committee is responsible for checking, verifying and completing the procedures for resettlement consideration or land handover in accordance with the regulations - The working team is responsible for submitting to the Reclamation Council option of reclamation, support and resettlement b) Collecting ideas of the option of reclamation, support and resettlement - After the preparation of the option of reclamation, support and resettlement, going public it in the head office of communal People’s Committee and residential affected-establishments to collect ideas from them c) Completing the option of reclamation, support and resettlement: After listing and collecting ideas, the working team is responsible for collecting claims, if there are specific claims, adjust and complete them and then submit for appraisal in accordance with the regulations d) Appraising and approving the option of reclamation, support and resettlement: Functional offices of district shall be in charge of appraisal such as: - Office of Natural Resources and Environment: Appraising area, origin of land, type of land, land rank as made by respective localities to have a base for applying price and option of reclamation, support and resettlement (if any) - Office of Rural Management: Appraising value of structures, properties, architectures associated with land - Professional offices base on their respective functions, tasks to appraise the option if needed - Office of Finance - Prices: Basing on the appraising result of the related professional offices to appraise contents for applying the option of reclamation, support and resettlement and its total value, summarize and complete documents in accordance with the regulations and make statement and then submit it to the district People’s Committee for approval e) Approving option of reclamation, support and resettlement: - Specific functional offices are responsible for approving the option of reclamation, support and resettlement and all enclosed documents in accordance with the regulations, the district People’s Committee reviews and approves the option 2.6 Going public the option of reclamation, support and resettlement - Implementing the payment of compensation - Pursuant to Article 57, the Decree No 84/2007/NĐ-CP, as of the date of obtaining the approved option of reclamation, support and resettlement, the working team is responsible for cooperating with the local authorities to list and go public and then sent to effected-households, notifying time, location of payment, time of removal for land clearance, land handover - Payment team of the Reclamation Council is responsible for the payment for the affected-households - Compensation receivers must strictly comply with the approved option of payment In case that, compensation receivers authorize to other person, such receiver must obtain power of attorney confirmed by the communal People’s Committee - Compensation receivers must hand in documents relating to land use (originals) to the local authorities or the Reclamation Council before receiving compensation If there is no document submitted or such documents were lost, confirmation by the communal People’s Committee is required - The Reclamation Council is responsible for handing over house, land, certificate of land use right to the person in charge of reclamation If agreement on land and house receipt is made after the land clearance, it must be done under the agreement between the Reclamation Council for the affected-households - In case that the affected-households fail to receive the compensation without any proper reason, the Reclamation Council shall transfer such compensation to their account in bank and keep the house or land of resettlement to serve as a base for claim settlement (if any) - In case that the payment of compensation is late as provided in clause 2, Article of the Decree No 197/2004/NĐ-CP; clause Article of the Decree No 17/2006/NĐ-CP 2.7 Time of land handover: After 20 days as of the date on which the Reclamation Council pays compensation to the affected-households under the approved option, the affected-households must hand their land over the Reclamation Council 2.8 Reinforcing land revocation and settling claim on the decision on reclamation, support and resettlement or decision on enforcement: Organizing enforcement of land revocation as provided in clause 3, Article 39 of the Land Law, Article 49, Article 60 of the Decree No 84, the Ordinance on treatment of administrative violation dated 02/7/2002 by the Standing Committee of the National Assembly and the prevailing current documents The claim settlement is implemented under Article 138 of the Land Law, Article 63, Article 64 of the Decree No 84 and the regulations on claim settlement at the Decree No 136/2006/NĐ-CP In the course of the implementation, if there is any difficulty that arises, communal People’s Committee and the related offices must make timely notice to district so that district can research, instruct If it is beyond the authority of the district People’s Committee, obtain guidance from the city People’s Committee to serve as a base for implementation Leveling and land handover: 3.1 Designing plan: This step shall define land in need of construction for leveling after knowing land in need of construction and distance of transport 3.2 Designing leveling method: Designing specific method of construction for leveling land after determining volume of land in need of construction and distance of transport 3.3 Leveling land can be done by professional entities via tender 3.4 Land handover: Handing over the land for project implementation need presence of the Reclamation Council, including: - Representatives of People’s Committee of Tu Liem district, - Representative of communal People’s Committee, 10 - Affected-households (for plan handover) - Representatives of Project Management Unit (for plan accession) The aforesaid content is option and reclamation schedule for project implementation Through real information about many projects, they show that almost reclamation schedules fails because of many reasons, namely cooperation between Employer and local authorities has not been smooth; surveying, inventorying, measuring and agreeing option of reclamation, support and resettlement have not been done well Within the scope of this paper, because I have not had a lot of real experience in land clearance, there are many shortcomings You are kindly requested to contribute ideas so that I can complete well the subject 11 ... done under the agreement between the Reclamation Council for the affected-households - In case that the affected-households fail to receive the compensation without any proper reason, the Reclamation... over the land for project implementation need presence of the Reclamation Council, including: - Representatives of People’s Committee of Tu Liem district, - Representative of communal People’s... claim settlement is implemented under Article 138 of the Land Law, Article 63, Article 64 of the Decree No 84 and the regulations on claim settlement at the Decree No 136/2006/NĐ-CP In the course