Combating land waste - Part 2: Major consequences of budget revenue losses

According to data from the Hanoi Department of Natural Resources and Environment, the total area of public agricultural land in the city is approximately 10,754.34 hectares; of which, there are 3,286 cases of violations covering an area of 170.66 hectares, accounting for 1.58% of the city's public agricultural land.

Various types of violations

Violations on public agricultural land are categorized into four groups. The first group includes: arbitrarily changing the land use purpose from agricultural to non-agricultural for the construction of ecological farms, houses, factories, and service businesses; arbitrarily transferring agricultural land in violation of regulations; changing the purpose of public agricultural land into material storage areas, parking lots, etc.; and other violations such as digging ponds, building boundary walls on the land, not using the land for its intended agricultural purpose, and dumping construction waste on public agricultural land.

Of particular concern and causing significant budget losses and resource waste is the group of violations involving the misuse of land: illegal construction of houses, workshops, temporary shelters, and livestock barns on public agricultural land.

Among the aforementioned violations, those dating back to before 2014 accounted for 78.85%, with approximately 2,591 cases. Notably, there were 1,648 cases of house construction on public agricultural land over several periods, from 2014 to 2018, covering an area of 16.21 hectares. These figures demonstrate that violations of public agricultural land in the city are very serious, large-scale, and have persisted for many years, causing significant social unrest and severe consequences that remain unresolved.

Khuong Dinh Ward, Thanh Xuan District, is a hotspot for violations of agricultural land regulations in Hanoi. Alleys 207 and 271 on Bui Xuong Trach Street (Khuong Dinh) are typical examples of such violations. What was once agricultural land used for growing vegetables has now been transformed into multi-story and low-rise buildings, as well as temporary shelters – home to hundreds of families. Many houses here have unusual shapes, with corrugated iron fences on the outside and solid brick walls inside, intended to conceal the illegal construction on agricultural land. This is especially true in Khuong Dinh Ward, where 9 out of 10 residential areas are primarily built on public or agricultural land.

According to statistics, there are approximately 10,000 land plots in Khuong Dinh ward; of which, about 5,000/10,000 plots are originally public land or agricultural land. In reality, over 4,000 land plots have been illegally converted by residents for construction purposes between 1990 and 2014. Due to illegal construction, these buildings are makeshift and fragmented, ranging from 1 to 5 stories high, and although they are enclosed with corrugated iron on the outside, the interiors are actually quite solid.

The violations span multiple periods and involve ambiguous and complex land transactions, both legally and in terms of land records. Due to difficulties in implementing policies to resolve the issues for the residents, the Khương Đình ward authorities are currently implementing a measure to maintain the status quo, meaning they are preventing the residents from constructing any additional buildings on the illegally occupied land.

Lack of management and supervision

According to our investigation, in Hanoi, public agricultural land was previously managed by agricultural service cooperatives or commune-level People's Committees, who leased it out for planting crops or raising fish for annual or even decades. The long lease periods, coupled with a lack of management and supervision, led to violations of public agricultural land use regulations.

In Phuc Tho district, a flower cultivation project named Hoa Bay (Tan Boi hamlet, Hiep Thuan commune, Phuc Tho) was leased by the local authorities for 50 years, from 2009 to 2059, covering an area of 9,400 m2. During the production and business process, in addition to agricultural production and flower cultivation, the investor erected temporary structures with thatched roofs, surrounded by corrugated iron and bamboo, each structure measuring 18 m2. A concrete road system, approximately 3m wide and 80m long, was also constructed.

The project has received numerous complaints from residents and voters. The issue culminated in the 14th session of the Hanoi City People's Council on May 12, 2023, where leaders of the Phuc Tho District People's Committee were questioned about the project's irregularities. When we visited the project site in late October 2024, it was still open to visitors and collecting fees.

The above facts show that the use and leasing of public agricultural land in Hanoi is for various purposes; the lease periods also vary. Investigations reveal that many localities in Hanoi have neglected management; public agricultural land is being used for personal gain through favoritism and group interests.

Recently, the Hoai Duc District Police (Hanoi) issued a decision to initiate a criminal case and prosecute NCL (former Chairman of the People's Committee of An Thuong Commune, Hoai Duc District) for violating regulations on land management.

The investigation revealed that from 2018 to 2020, while serving as Chairman of the People's Committee of An Thuong commune, Mr. NCL signed numerous contracts to lease 5% of public land in An Thuong commune to many households without going through an auction process.

The signing of contracts for leasing public agricultural land without going through an auction by the leaders of An Thuong commune People's Committee is contrary to regulations.

Based on the collected documents, on July 3, 2024, the District Police issued a Decision to initiate a criminal case and prosecute NCL for violating regulations on land management.

That's a typical case of violation that the police handled. In reality, however, in many localities in Hanoi, there are many cases of land use violations; land allocated illegally but overlooked by competent authorities, and not yet dealt with.

According to a report by the People's Committee of Son Tay town, there are currently 11 cases of converting public agricultural land into residential housing with a total area of 740 m2; and 7 cases of constructing business and service establishments with an area of 1,181.95 m2... and it is not yet possible to forcibly hand over the land for auction.

The town of Sơn Tây believes that the understanding of some residents is insufficient, leading them to construct buildings and plant perennial trees on public land after leasing it. When the contract expires, they demand compensation for assets and crops on the land before completing the handover procedures.

In Hop Tien commune (My Duc district), there are currently 29 plots of public agricultural land where the assets on the land cannot be disposed of. The Hop Tien Commune People's Committee stated that the households have been leasing the land from the agricultural cooperative for many years, investing time and effort in improving the land and planting fruit trees. Even though the lease contracts have expired, the Commune People's Committee finds it difficult to request the households to remove their crops and livestock to hand over a clean site for auctioning the land use rights.

According to Mr. Tran Van Vinh, a land administration official in Hop Tien commune, the citizens' assets include perennial fruit trees, vegetable crops, and fish ponds. In principle, the land must be cleared for auction; demolishing all assets on the land would be wasteful. However, leaving it in its current state would violate auction regulations.

"When auctioning land, it's necessary to hand over a cleared area and cut down all the original trees. Many households have objected to this and refused to comply. However, if the commune forces the land to be cleared, it's truly inconvenient and complicated for the people, because they have already invested money, some households have already harvested, and others have just started harvesting, yet they have to return the land. Therefore, the People's Committee requests that higher authorities consider and provide specific guidance so that the commune can properly use land fund 2 (public agricultural land) in accordance with the law."

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