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Thực trạng và giải pháp nâng cao hiệu quả công tác bồi thường, hỗ trợ, tái định cư khi nhà nước thu hồi đất tại thành phố thái nguyên, tỉnh thái nguyên tt tiếng anh

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1 THAI NGUYEN UNIVERSITY THAI NGUYEN UNIVERSITY OF AGRICULTURE AND FORESTRY NGUYEN THE HOAN CURRENT SITUATION AND SOLUTIONS TO IMPROVE THE EFFICIENCY OF COMPENSATION AND RESETTEMENT SUPPORT ON LAND ACQUISITION IN THAI NGUYEN CITY, THAI NGUYEN PROVINCE Land Management Code: 9.85.01.03 SUMMARY OF DOCTORAL THESIS MANAGEMENT OF NATURAL RESOURCES AND ENVIRONMENT THAI NGUYEN, 2020Works completed at: THAI NGUYEN UNIVERSITY OF AGRICULTURE AND FORESTRY Science Supervisor: Assoc Prof Nguyen Khac Thai Son Examiner 1:…………………………………………… Examiner 2:…………………………………………… Examiner 3:…………………………………………… The topic will be protected before the University Review Board meeting at …………………………………………………… At hours days … month … 2020 The topic can be found at: - National Library - Learning Resource Center Thai Nguyen University - Library of Thai Nguyen University of Agriculture and Forestry INTRODUCTION Problem Statement From 1945 to present, the policy of land compensation (BT), support (HT), resettlement (TĐC) has significantly improved when Vietnam government conducted the land acquisition The 1993 Land Law stipulated that land use rights are valued in money, making land acquisition much more complicated because of the "compensation" of land use rights values When the Land Law 2013 came into effective, the policy of compensation, support and resettlement has been much improved in the setting of "specific land prices" and additional support, contributing to the improved land acquisition However, there are still problems such as conflicts in land acquisition and land lawsuits Thai Nguyen City is the provincial capital and the center of the Northeastern mountainous and midland region of Vietnam Therefore, Many national projects have been acquiring land However, there are no comprehensive studies on compensation, support and resettlement here to draw experience for the future For these reasons, this study chose the topic "Current situation and solutions to improve the efficiency of compensation and resettlement support on land acquisition in Thai Nguyen city, Thai Nguyen province" Objectives of Study 2.1 Overal Objectives and Goals The study aimed to comprehensively assess the status of compensation, support and resettlement in land acquisition; to identify shortcomings, causes and propose solutions to improve the effectiveness of this task 2.2 Specific Objectives - Assessing the status of compensation, support and resettlement in Thai Nguyen city over the period from 2013-2017; - Assessing the real life of the people after compensation, support and resettlement in Thai Nguyen city; - Identifying and evaluate the influencing factors and the level of influence of each group of factors on land acquisition in Thai Nguyen city; - Determining the problems and causes, and propose potential measures to improve the efficiency of compensation, support and resettlement work in Thai Nguyen city Research Significance 3.1 Theoretical Significance: The result of this research has contributed to supplementing and clarifying the scientific basis of the policy of compensation, support and resettlement in land acquisition to further improve the regulations and policies in the most appropriate way 3.2 Practical Significance: The results of the study provide highly valuable references for Thai Nguyen province and other localities in land acquisition and support policy makers, managers, researchers to make informed decisions Research Contributions - Provide comprehensive analysis and evaluation from theory to practices on compensation, support and resettlement in 05 research projects; comparison between the Road Project Team and the Residential Project Group and between the State Project Group and the Private Project Group in terms of compensation, support, resettlement and people’s life after land being acquisited - Only 22 out of 27 factors were identified, divided into groups affecting land acquisition; The analysis of the multivariate model ranked and showed the impact of each group as follows: (1) compensation policy = 24.59% → (2) support policy = 23.85% → (3) resettlement policy = 17.54% → (4) management = 12.03% → (5) Environment of resettlement area = 11.11% → (6) psychology = 4.53% → (7) capital and objectives = 3.51% → (8) objectivity = 2.84% - Identifying 06 existing issues in compensation, support and resettlement activities: (i) low compensation price; (ii) low price of land allocation for resettlement; (iii) high grievance rate; (iv) poor support for vocational and business training; (v) unstable job rates; (vi) poor and unstandardized policies The research analyzes the causes and proposes 14 solutions in 03 directions: (-) Completely addressing the root of complaints and ensuring equity; determine compensation unit prices, allocate resettlement land close to the market price; (-) improve the rate of spending money on vocational training and business; ensure stable and stable people's life; (-) completing relevant regulations so that the interests of people whose land is recovered are guaranteed fully and sustainably Chapter Research Literature 1.1 Scientific bases of compensation, support and resettlement in land acquisition 1.1.1 Theoretical bases of compensation, support and resettlement in land acquisition 1.1.1.1 Relevant concepts of compensation, support and resettlement in land acquisition 1.1.1.2 People’s ownership on land use rights and acquistion issues 1.1.1.3 The relationship between land rent and land price determination for compensation 1.1.1.4 The relationship of interests between government, investors and land users being revoked 1.1.2 Legislative basis and law policies in compensation, support and resettlement 1.1.2.1 Legislative background in compensation, support and resettlement 1.1.2.2 Government regulations on land acquisition 1.1.2.3 State regulations on compensation in land acquisition 1.1.2.4 State regulations on support in land acquisition 1.1.2.5 State regulations on resettlement in land acquisition 1.2 Literature review on the world compensation, support and resettlement in land acquisition 1.2.1 China 1.2.2 Taiwan 1.2.3 Singapore 1.2.4 Thailand 1.2.5 South Korea 1.2.6 Australia 1.2.7 France 1.2.8 Germany 1.2.9 Canada 1.2.10 India 1.2.11 Eastern European countries 1.2.12 United Nations’ organization members 1.3 Land compensation, support and resettlement in Vietnam 1.3.1 Characteristics and content of compensation, support and resettlement 1.3.2 Analysis of relationship and impacts of compensation, support and resettlement 1.3.3 Overview of compensation, support and resettlement in Vietnam from 1945 to present 1.3.4 Remark of compensation, support and resettlement in Vietnam 1.3.5 Procedure of land acquisition in Vietnam 1.4 Results of compensation, support and resettlement 1.4.1 Research results of compensation, support and resettlement in the world 1.4.2 Research results of compensation, support and resettlement in Vietnam 1.4.2.1 Results of compensation, support and resettlement in Vietnam before implement Land Law 2013 1.4.2.2 Results of land clearance in Vietnam since the Land Law 2013 come in effective 1.5 Conclusions of research and future directions 1.5.1 Conclusions of conpensation, support and resettlement research 1.5.2 Directions of dissertation after overview research Chapter RESEARCH CONTENT AND METHODS 2.1 Objects, scope and study area 2.1.1 Research object: Compensation, support and resettlement in the projects as follows: Bac Son Road Project, Bac Son Extended Road Project, Viet Bac Road Project, Residential Project No 5, Residential Project No 7A+7B 2.1.2 Research scope (-) Spatial scope: 05 wards: Dong Quang, Hoang Van Thu, Phan Dinh Phung, Quang Trung, Tuc Duyen (-) Timeframe: Secondary data and information were collected over a period of years from 2013 to 2017 (-) Content scope: (i) Compensation and support for land use rights and assets attached to land; other types of assistance upon land acquisition; resettlement for people whose houses or residential land are recovered (ii) People's life after land acquisition is reflected by jobs, income, and accommodation conditions (iii) Factors affecting land acquisition 2.1.3 Study site The study was conducted in Thai Nguyen city and completed at Thai Nguyen University of Agriculture and Forestry 2.2 Research content (i) Overview of the study of compensation, support and resettlement in Thai Nguyen city over the period of 2013-2017; (ii) Situation of compensation, support, and resettlement work in research projects in Thai Nguyen city in the period of 2013-2017; (iii) Assessment of people’s life after compensation, support and resettlement in research projects in Thai Nguyen city; (iv) Investigating factors affecting the land acquisition in Thai Nguyen city; (v) Assessment of existing problems, analysis of causes and proposing solutions to improve the effectiveness of compensation, support and resettlement in Thai Nguyen city 2.3 Research methods 2.3.1 Secondary data collection 2.3.2 Primary data collection 2.3.2.1 Selection of research projects: Selecting projects representing 02 target groups (roads and residential areas) and 02 groups of investment capital sources as in Table 2.1 2.3.2.2 Sample selection: Sample size = Where: N = population size; p =population confidence; e = Margin of error (+ 8%); z = z-score Table 2.1 Number of survey samples in land acquisition projects in Thai Nguyen city in the period of 2013-2017 No No of Sample Capital sources househol s ds Bac Son Road Hoang Van Thu Enterprise 150 76 Bac Son Extended Quang Trung State 299 101 Road State borrowed Quang Trung + Viet Bac Road from foreign 254 95 Dong Quang countries Residential Area No Phan Đinh Phung Enterprise 85 55 Residential Area No Tuc Duyen State Investment 287 99 7A+7B Total 1.075 426 Projects Wards (95% confidence interval and margen of error 8%) 2.3.2.3 Sample selection: randomly select from the list of households whose land is recovered in the first order to the number of samples (with the survey projects more than 50%) and choose the odd numbers (1, 3, 5, …) from beginning to full sample (with survey projects below 50%) 2.3.2.4 Assessment measures: Using Likert 5-level: level = lowest; level = between lowest and moderate; level = moderate; level = between moderate and highest; level = highest 10 2.3.2.5 Questionnaire building Questionnaire draft   Seeking supervisor’s and lecturer’s advice  Seeking experts’ advice Summary of comments, exchange with supervisor and experts with mixed opinions Modify, supplement, complete the first set of questionnaire questionnaires Trial survey (10 officials working on land acquisition, 30 people with land acquisition) Summarizing, amending, supplementing and completing the second set of questionnaire questions tra  Official survey Hình 2.1 Questionnaire form procedure 2.3.2.6 How to investigate prices of land and assets attached to land: directly ask those who have land acquisition, compensation, support, resettlement and people who transfer real estate 2.3.2.7 Data standardization using step-wise selection method 2.3.3 The analysis method identifies factors and groups of factors that affect land acquisition 2.3.3.1 Research framework 2.3.3.2 Multivariate regression model 2.3.3.3 Test and assessment 2.3.4 Methods of aggregating, analyzing data and comparing information 16 number of people whose land was acquired) and all were resolved (reaching 100.00%) According to the survey, the attitude of people who make compensation, support and resettlement is points is an ideal, then the average of all projects, the attitude of people who compensation, support and resettlement is people rated 4.06 points/ points (equal to 81.20% of the ideal level, of which the highest was in Viet Bac Road Project, reached 4.22 points, the lowest was in Bac Son Road Project, gaining 3.98 points 3.2.6 General assessment of compensation, support and resettlement in Thai Nguyen city in the period of 2013-2017 Table 3.20 showed: Table 3.20 Comparison of key indicators on compensation, support and resettlement in Thai Nguyen city in the period of 2013-2017 Rate of support Amoun Rate payment t of of (%) Samp suppor TT Projects compl les Resid t aints Houses Reset entia Farm Crop Busi Train (millio (%) and tlem l land s ness ing n VND) others ent land Bac Son Road 76 24.90 32.30 66.25 35.00 37.50 16.11 0.00 11.37 8.67 Bac Son Extended Road 101 39.40 45.00 90.83 50.00 64.89 40.14 0.72 43.41 17.06 Viet Bac Road 95 29.80 30.00 60.45 50.00 50.00 19.91 0.00 6.37 17.72 Residential Area No 55 29.80 27.40 85.17 23.33 41.38 16.12 0.00 64.60 5.88 Residential Area No 7A+7B 99 35.90 29.20 - 31.00 40.00 38.19 0.43 88.15 2.44 32.2 30.9 35.8 51.7 28.8 Total/Average 426 80.29 0.35 42.57 11.26 9 Residential Group 154 30.29 28.68 85.17 29.39 41.27 25.04 0.17 79.74 3.23 Road Group 272 32.53 34.44 79.64 45.38 53.36 30.18 0.41 21.52 15.50 Road projects compared 16.0 12.0 residential projects (+, 2.24 5.76 -5.53 5.14 0.23 -58.22 12.28 -) Enterprise project group 131 26.15 29.19 71.16 29.17 38.49 16.12 0.00 33.72 7.66 State-funded project 295 36.00 31.66 86.43 38.13 63.93 36.59 0.56 46.49 12.26 group State-funded projects 25.4 20.4 compared with enterprises 9.85 2.47 14.77 8.96 0.56 12.78 4.60 (+, -) Actual price compared to market (%) Source: Survey and Thai Nguyen City Dept of Land Fund Development 17 - Overall assessment of 05 research projects, aggregating data from 426 interviewees out of 1,075 households and individuals with recovered assets of 05 research projects found as follows: + For compensation criteria group: Compensation unit price is much lower than market price, compensation price of out of criteria is only about 1/3 of market price Particularly, the criteria of houses and other constructional works had the compensation price closest to the market price, equal to 80.29%; This is because houses and constructions are clearly priced, so when the compensation price is quite close to the market price, the other indicators are still inconsistent, not really objective, so the compensation price is not close to the market + With the criteria in unit price of land allocation for resettlement: The price of land allocation for resettlement is much lower than the market price, only 51.75% This is to partly compensate for the low land compensation price (equal to 32.29%) + For the percentage of expenses for compensation, support for business investment and vocational training is: 28.81% for business, 0.35% for vocational training + With the criteria of support amount/ household: In addition to the compensation, the average support amount is 42.57 million VND/ household; This is also partly to compensate for the low compensation prices for land and properties + With the target of complaint rate: On average, 1,075 people with assets recovered from 05 research projects, the complaint rate is 11.26% - Compare the road project group with the Residential projects, synthesizing data from 272 households in the Road project group and 154 employees in the residential project group out of 1,075 households families and individuals with recovered assets of 05 research projects found the following: + For compensation price criteria group: In the road project group, among indicators on compensation price, there are higher criteria and lower criteria for residential project group 18 + With the criteria of the price of land allocation for resettlement: The price of land for resettlement in the road project group is equal to 53.36%, 12.09% higher than the residential project group + For the ratio of expenditure of compensation money, support for business investment and vocational training: in the road project group is 30.18% for business and 0.41% for vocational training; higher than the residential project group of 5.14% and 0.23%, respectively + With the target of support amount/ household: In addition to the compensation, the support amount in the road project group is 21.52 million VND/ household; VND 58.22 million/ household lower than the residential project group; + With the target of complaint rate: The complaint rate in the road project group is 15.50%, 12.28% higher than in the residential project group because the road project group occupied more residential land - Comparing the project group funded by the State with the project group of enterprises, synthesizing data from 295 employees of the project group funded by the State and 131 people in the project group of enterprises in the total number of 1,075 households and individuals having recovered assets of 05 research projects showed that: + For compensation price group: All 04 indicators on property compensation price of the State-funded project group are higher than those in the enterprise project group + With the criteria of unit price of land allocation for resettlement: The price of land allocation for resettlement in the State-funded project group is 63.93%, 25.43% higher than the project group of enterprises; + For the ratio of expenditure of compensation, support for business investment and vocational training: in the State-funded project group, the amount of money provided is 36.59% for business and 0.56% for vocational training; higher than the project group of enterprise is 20.47% and 0.56% respectively 19 + With the criteria of support amount/ household: In addition to the compensation, the support amount in the Statefunded project group is 46.49 million VND/ household; 12.78 million VND per household higher than the project group enterprise This is because the State-funded projects pays more attention to the people whose land is acquired + With the rate of complaints: The rate of complaints in the State-funded project group is 12.26%, higher than 4.60% compared to the project group of enterprises State projects provide money to recover more residential land than the respectively project 3.3 The status of people’s life after compensation, support and resettlement in the five projects, Thai Nguyen city 3.3.1 The status of people’s employment after compensation, support and resettlement in Thai Nguyen city The data in Table 3.21 showed that, out of 426 people surveyed in research projects, there were 135 people, equaling 31.69% of new jobs In particular, the highest rate of new job in Residential Project No 7A+7B, is 65.66%; the lowest rate in Bac Son Road Project is 11.84% Comparison of road project group with the residential project grou: the new job transfer rate in residential projects is 56.49%, in road projects is 17.65%; lower than the residential project group of 38.85% This is because the residential project reclaims more agricultural land Table 3.21 A change in employment status after compensation, support and resettlement in Thai Nguyen city N o Projects Bac Son Road Bac Son Extended Road Viet Bac Road Residential Area Residential Areas 7A+7B Total/Average Percentag Samples People e of people (Person changin changing s) g jobs jobs (%) 76 11.84 101 12 11.88 95 27 28.42 55 22 40.00 99 65 65.66 426 135 31.69 20 Residential Groups (No 5, No 7A+7B) Road Groups (Bac Son, Bac Son Extended, Viet Bac) Road projects compared residential projects (+,-) 154 87 56.49 272 48 17.65 -38.85 (Source: Compiled from survey questionnaire) Table 3.23 Level of people’s job stability after compensation, support and resettlement in Thai Nguyen city No Projects Bac Son Road After Sample Before After compared s (points (Points with (person ) ) before s) (%) t-test Degree of pfreedo value m 143.7 186.8 187.9 107.9 185.4 0.00 0.00 0.37 0.91 0.25 76 3.54 3.14 88.70 3.049 101 3.56 3.23 90.73 3.275 Viet Bac Road 95 2.97 3.25 109.43 -0.897 Residential Area No 55 3.21 3.21 100.00 0.106 Residential Area No 7A+7B 99 3.25 3.27 100.62 -1.141 Total/Average Residential Group Road Group Road projects compared residential projects (+, -) Enterprise project group State-funded project group State-funded projects compared with enterprises (+, -) 426 154 272 3.31 3.24 3.35 3.22 97.40 3.25 100.40 326.1 0.72 0.355 3.21 95.92 Bac Son Extended Road -0.04 131 3.40 3.17 93.18 295 3.27 3.25 99.51 -0.706 327.9 0.48 0.08 The job stability level is aggregated from the survey questionnaire using a 5point scale: (-) None = point; (-) Yes but not stable = points; (-) Yes and relatively stable = points; (-) Yes and stability = points; (-) Yes and very stable = points The data in Table 3.23 showed that the level of employment stability before compensation, assistance and resettlement is 2.97 → 3.56 points/ points, the average of projects is 3.31 points/ 21 points After compensation, support and resettlement is 3.14 → 3.27 points/ points, the average of projects is 3.22 points/ points, equal to 97.40% of the previous compensation, support assistance and resettlement The results of t-test statistical analysis showed that: Bac Son road project and Bac Son extended project were prolonged, with p = 0.003 and p = 0.001, lower than threshold values (p =

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  • - Library of Thai Nguyen University of Agriculture and Forestry

  • INTRODUCTION

  • 1. Problem Statement

  • 2. Objectives of Study

  • 4. Research Contributions

  • Chapter 1

  • Research Literature

  • 1.1. Scientific bases of compensation, support and resettlement in land acquisition

  • 1.1.1. Theoretical bases of compensation, support and resettlement in land acquisition

  • 1.1.1.1. Relevant concepts of compensation, support and resettlement in land acquisition

  • 1.1.1.2. People’s ownership on land use rights and acquistion issues

  • 1.1.1.3. The relationship between land rent and land price determination for compensation

  • 1.1.1.4. The relationship of interests between government, investors and land users being revoked

  • 1.1.2. Legislative basis and law policies in compensation, support and resettlement

  • 1.1.2.1. Legislative background in compensation, support and resettlement

  • 1.1.2.2. Government regulations on land acquisition

  • 1.1.2.3. State regulations on compensation in land acquisition

  • 1.1.2.5. State regulations on resettlement in land acquisition

  • 1.2. Literature review on the world compensation, support and resettlement in land acquisition

  • 1.2.1. China

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