Quá trình chuyển đổi cơ chế quản lý và sử dụng đai ở tỉnh đắk lắk từ năm 1975 đến năm 2015 tt tiếng anh

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VIET NAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES TRUONG THI HANH PROCESS OF CONVERTING THE MECHANISM OF MANAGEMENT AND USE OF LAND IN DAK LAK PROVINCE FROM 1975 TO 2015 Major: Vietnamese History Major code: 92 29 013 ABSTRACT OF THE PHD GRADUATION THESIS HA NOI - 2019 The thesis completed at: Graduate Academy Of Social Sciences - Academy Of Social Sciences Supervisor 1: Assoc Prof PhD Ha Manh Khoa PhD Nguyen Duy Thuy Referee 1: Assoc Prof PhD Trần Đức Cường Referee 2: Assoc Prof PhD Nguyễn Ngọc Hà Referee 3: Assoc Prof PhD Ngô Đăng Tri The dissertation will be defended at the Academy-level Dissertation Committee to meet at: Academy of Social Sciences, 447 Nguyen Trai, Thanh Xuan, Hanoi At the time… hour …… min, May , 2019 The thesis can be found at the library: - Library of Social Sciences Academy - National Library of Vietnam - Library of the Institute of Social Sciences in the Central Highlands - Library of the Party History Institute - Library of History Institute - Library of Military History Institute - Library of Hanoi Pedagogical University - Library of University of Social Sciences and Humanities, Hanoi National University INTRODUCTION The necessity of the research Dak Lak is a province located in the central position of the Central Highlands, which is a strategic socio-economic area (socioeconomic), security, defense and an important ecological environment of the whole country residence of many ethnic groups Dak Lak's strength is confirmed as land Along with the development history of the country, the land management mechanism has been gradually improved through a system of legal documents, Land Law, leading to successes in the process of land management and use and socio-economic development in Dak Lak province In addition to the successes, the land management mechanism also reveals limitations such as a system of documents to implement land management mechanisms and many points are not consistent, not consistent with other laws, thus causing difficulties in land management cause some consequences - wasteful land exploitation; quality of depleted land; illegally encroaching, trading, transferring; land disputes; lack of land in some ethnic minority areas (EMs) in place; land use is not planned, Derived from the above practice, at the same time deeply aware of the importance of management mechanism and land use in the direction of efficiency, sustainability, and law; the right purpose; serving the process of industrialization and modernization (industrialization and modernization) of the country, meeting the socialist-oriented market economy (socialist); ensure the requirement of building solidarity among ethnic groups; social justice in land use in the area where many owners live, so we chose the problem: "Process of converting the mechanism of management and use of land in Dak Lak province from 1975 to 2015 ” as a doctoral thesis 2 The purpose and research task of the thesis 2.1 Research purposes Clarify the process of changing the mechanism and status of management and land use in Dak Lak province from 1975 to 2015; draw comments on the mechanism, management and land use change; causes of success, limitations; Some recommendations contribute to perfecting the management mechanism, status, land use and socio-economic development and maintaining security and politics in the area 2.2 Research tasks Overview of Dak Lak province, factors affecting the actual management mechanism and land use in Dak Lak province; Analysis of management mechanism, management status and land use in Dak Lak province from 1975 to 2015; analyze limited successes; The causes of success, limitations and some recommendations Research subject and Scope of the thesis 3.1 Research subjects The object of the study is the process of changing management mechanism and land use in Dak Lak province from 1975 to 2015 3.2 Research scope About time: From 1975 to 2015 In terms of space: Dak Lak province before and after the province split In terms of content: Research on the process of changing the management mechanism and the management and use of land in Dak Lak province; comment on the results and causes of the results and give some recommendations on management mechanisms and status and land use in Dak Lak province Methodology and research methods 4.1 Methodology The thesis is based on the methodology of MarxismLeninism, Ho Chi Minh's thought and the Party and State's views, guidelines, lines and policies on management mechanisms and use land to clarify research issues 4.2 Research Methods The main research method is the historical method, the logical method and the combination of these two methods Besides, the thesis also uses statistical methods, analysis, homogeneity, calendar, comparison, interdisciplinary and social investigation methods, interviews, fieldwork, surveys, New scientific contributions of the thesis - The dissertation is a scientific research project, systematically analyzing the process of changing the mechanism, management status and land use in Dak Lak province from 1975 to 2015 - The thesis provides scientific arguments to help policy makers on land use and management mechanisms; - The thesis is a reference for research, teaching and those who are interested in this issue The theoretical and practical significance of the thesis Reasoning meaning: - The thesis provides more theoretical bases and scientific arguments on land use and management mechanism in general and in Dak Lak in particular and contributes to the study and supplementation of historical arguments management mechanism and land use Practical significance: - The thesis contributes to creating a more comprehensive, scientific and practical view of the process of changing the mechanism and situation of land management and use in Dak Lak province - The thesis contributes solutions to further improve the law and improve the effectiveness of law implementation in this area - The thesis is also a reference for those who are interested in this issue Thesis structure The thesis structure is in addition to the introduction, conclusions, references and appendices, the content is divided into chapters CHAPTER OVERVIEW OF RESEARCH SITUATION RELATED TO THE THESIS 1.1 Scientific research projects related to the thesis topic 1.1.1 Joint research projects on land use and management policies This is a group of research projects that provide a general theoretical basis on management mechanisms, land use in the world and some provinces in Vietnam to help us have the most general view and capture some experiences on land management mechanisms in some developed countries and some localities in the country related to the research content of the thesis 1.1.2 Studies on policies on land management and use in the Central Highlands and Dak Lak 1.1.2.1 The research works of foreign authors These works show us how to manage and use land in Dak Lak province in traditional society and under French colonialism, American imperialism and the Republic of Vietnam government Typical examples include: The book by B Bernard (1907), Les populations Moi du Darlac (All residents in Dak Lak), Bullentin d’Ecole Francaises d`Extrème Orient; Léopold Sabatier (1927) "Palapre du Sermen au Darlac" (Customary Law of Ede people in Dak Lak), Bulletin de Société, de Etudes Indochinois, Hanoi (Ngo Duc Thinh translated into Vietnamese); Georges Condominas, who became famous for his two works of M’nông Gar: We ate rock - god Gô (Tran Lan Anh and some authors translated into Vietnamese), 1.1.2.2 The research works of domestic authors This is a group of research projects that provide us with specific views and necessary data and comments for reference in the process of implementing the thesis, such as: Vu Dinh Loi - Bui Minh Dao - Vu Thi Hong (2000), Land ownership and use in the Central Highlands provinces, Publishing House, Social Sciences, Hanoi; Nguyen Van Tiep (editor) (2011), Some economic, social and ethnic relations issues in Dak Lak province and National University Publishing House in Ho Chi Minh City Ho Chi Minh; Pham The Trinh (2016), Land resource use in Dak Lak - Current status and solutions, Agricultural Publishing House, Hanoi, In addition, there are also state-level, ministerial-level, dissertation, dissertation, and so on 1.2 Overview of research results of previous projects and issues of the thesis to be solved 1.2.1 Overview of research situation Through the resources we have access to, it shows: - In the field of land, it has attracted the attention and research of many domestic and foreign authors - Most of the concentrated works largely reflect on the study of the situation of land management in general but little mention of management mechanisms and land use -The above research works help us have some necessary additional material for the thesis implementation process 1.2.2 The content of the inherited thesis Firstly, the factors affecting the management mechanism, status and land use in Dak Lak province are natural, economic, social and residential conditions Second, land management and use in Dak Lak province through a number of historical periods and a number of proposals and recommendations 1.2.3 The thesis issues continue to solve First, restoring the historical context of management mechanism and land use in Dak Lak province from 1975 to 2015; Secondly, analyzing the transition in management mechanism and status and land use in Dak Lak province from 1975 to 2015; Third, successes, limitations, causes and some experiences CHAPTER OVERVIEW OF DAK LAK PROVINCE AND MECHANISM, PRACTICAL SITUATION OF LAND MANAGEMENT AND USE IN DAK LAK PROVINCE FROM 1975 TO 1986 2.1 Overview of Dak Lak province 2.1.1 Natural condition Dak Lak is one of Central Highlands provinces, with a natural area of about 19,530 km2 It borders Gia Lai province to the north, Lam Dong province to the south, Phu Yen and Khanh Hoa provinces to the east, Moldolkiri province (Cambodia) to the west In 2003, Dak Lak divided into provinces: Dak Lak and Dak Nong, so the natural area decreased to 13,123 km2 Dak Lak has relatively complex topography, abundant land resources with main land groups and 23 different land units, including basalt red soil accounting for 55.6% of basalt land area of the whole Central Highlands Land and climate Dak Lak is suitable for many different crops, especially long-term industrial crops with high economic value such as coffee, pepper, rubber, 2.1.2 Residential Before 1975, Dak Lak was sparsely populated and consisted mainly of four ethnic minorities in their place of residence After 1975, implementing the policy of redistributing the workforce, the population was constantly increasing By the end of 2015, Dak Lak's population had 1,840,000 people with 47 ethnic groups 2.2 Mechanism, management practical situation and land use in Dak Lak province before 1975 2.2.1 In traditional society In traditional society, the ethnic minorities on the spot divide the land into three categories: shifting cultivation land, residential land and forbidden land Land is managed by the community, headed by the village owner / landowner and implemented according to customary laws There is no case of buying and selling land The transfer and exchange of land takes place within the village and is very limited Any misuse of land is sanctioned Landowners are responsible for resolving land related issues 2.2.2 Under the French colonial era On the principles and words, the French colonialists respect the right to manage and use traditional land for the peoples in place but in fact take advantage of the fathers and scholars in understanding and understanding the style customary, gradually occupying and privatizing land by moving, pressing villages to build towns, towns, roads, open industrial plantations, However, most of land in remote areas is still controlled by people 2.2.3 Under the American imperialism and the Republic of Vietnam Government (1954-1975) Different from the time of French colonialism, during the time of US imperialism and the Republic of Vietnam government, they had the right to adopt traditional land management rights, but faced the resistance of the people After that, they advocated holding people, seizing the land by the way of people, respecting the customs and habits under the guise of "land reform", stating the slogan "Kinh - Thuong is about to", "equal rights with Kinh people ", are in fact providing regulations to preserve the plantations of the French colonialists, the land of the old landlords, narrowing the area of land use of ethnic people in place, facilitating the formation into a class of landlords, new planters rely on minions, 2.3 Mechanism and practical situation of land management in Dak Lak province from 1975 to 1986 2.3.1 Land management mechanism in Dak Lak province In the 1975-1986 period, legally, land owned by the entire people, uniformly managed by the State under planning and general plans and developed in the direction of going up to large socialist production Land in Dak Lak is managed on 07 contents: investigation, survey and allocation of land types; land statistics and registration; land use planning; land allocation, land acquisition, requisition of land; inspecting and examining the observance of land use and management regimes; resolving land disputes; prescribing regimes and regulations on the management of land use and organizing the implementation of such regimes and rules This is a fundamental transformation of the land management mechanism Land in Dak Lak province is divided into categories: agricultural land; forestryland; Specialized land; and unused land and assigned to three organizations for management and use, that is: cooperatives (cooperatives) and production groups; agricultural and forestry farms; Military units are located in the province and a small area is exploited, managed and used by households 2.3.2 Practical situation of land management in Dak Lak province 2.3.2.1 Land is under the management of cooperatives and production groups During the period 1975 - 1986, the organization of cooperatives, production groups was focused and expanded in Dak Lak In 1986, the province had 193 cooperatives, 229 production groups The executive committee of the cooperative, the production group plans and operates the land use The entire land of the people is nationalized 2.3.2.2 Land is under the management of agricultural and forestry farms Dak Lak is the province with the strongest agricultural and forestry development in the Central Highlands By 1986, the 12 However, the management and use of land in this period also faced many difficulties and challenges Planning and land use planning and approval are slow, feasibility is not high; misuse of land; waste; there are cases of unauthorized allocation or lease; illegal encroachment and occupation; illegal transfer; withdrawal, compensation and site clearance are still congested and inadequate; outstanding debts and evasion of land rents and land use levies are still many; handling violations of land management and land use is not strictly and in a timely manner still occurs when the situation of unscheduled applications is exceeded 3.3 Practical situation of land use in Dak Lak province 3.3.1 Use of agricultural land The use of land in Dak Lak province gradually goes into order and has breakthroughs by acknowledging household economy and contracting to households, promoting people's labor There is a good combination between agricultural and forestry farms and farmers in land use The area of agricultural land is constantly expanding; Combining construction of irrigation works and agricultural extension, applying science and technology into production; Plant structure changes, focusing on developing long-term industrial plants with high economic value 3.3.2 Use of forest land The area of forestry land in Dak Lak province by 2003 is 1,017,955.1 ha, accounting for 51.94% of the natural area of the province, of which the large area of natural forest is 1,008,080ha, accounting for 99.03% , plantation area is only 9,874ha, accounting for a very small percentage of 0.97% 3.3.3 Use residential land The area of the residential area of the whole province in 2003 is 76,483.37 hectares, of which the rural land is 11,443.92 hectares Residents live not in rural areas, scattered along villages, according to 13 the customs and habits of each ethnic group Therefore, the agricultural land in the residential area is still very large at 55,142.37 ha, of which 20,309,40 is a mixed garden 3.3.4 Use of urban land The area of urban land is 42,491ha, of which the area of residential land is 2,198.66ha Particularly, the area of the inner city of Buon Ma Thuot city is 10.123ha, of which the land area is 946.25ha However, in urban areas, there is still a large agricultural land area of 6,821.35ha, accounting for 67.4% 3.3.5 Use specialized land 51,894.40 of specialized land area occupies 2.65% of the province's natural area, much lower than the national average of 23.5% In special-use land, traffic land accounts for a large proportion of 61.34% with an area of 33,373ha, followed by irrigation and specialized water surface of 19.94% Construction land accounts for 6.33%, the rest is other special-use land, accounting for 12.39% 3.3.6 Unused land and rivers and streams, rocky mountains This type of land has 331,549.66 ha, accounting for 17.94% of the natural land area of the province and scatteredly distributed across all administrative units in the province, including the area of land that can be put into production agricultural and forestry production is 314,622.95ha, accounting for 89.50% Thus, the use of land in this period presents many challenges to land fund and land use management in Dak Lak such as: To be compatible with the development trend and structure throughout the country (increase industry, construction and services ) need to get more land from agriculture to develop infrastructure for these industries But the new population in Dak Lak is mostly agricultural residents, so the need to improve, upgrade, develop infrastructure, irrigation, traffic to be compatible with the new population is also pressure great with local land fund 14 Summary of chapter 3: In this chapter, we reseach about Factors affect to the transformation of management mechanisms and use of land; Process of converting the mechanism and practical situation of land management in Dak Lak province from 1986 – 2003 CHAPTER TRANSFORMATION OF MECHANISM LAND AND PRACTICAL SITUATION OF LANDMANAGEMENT, USE IN DAK LAKPROVINCE FROM 2004 TO 2015 4.1 Factors affect to the transformation of management mechanisms and use land - Factors from the general development requirements of the country Innovation to meet the needs of developing a market economy, socialist orientation and implementing industrialization and modernization of the country, sustainable development orientations related to pillars: economy, culture, society and environment; integration process and economic model transformation; Global value chain in production, processing and consumption of agricultural products - Impact factor from Land Law Innovation to overcome the limitations of Land Law 1987, 1993 and apply under the Land Law 2003 and 2013 -Affects from local practices Land management and use during 1986 - 2003 had some limitations such as lack of productive land; land differences between households, between households and local ethnic minority organizations and people; misuse of land, land trading and disputes, there should be adjustments in management mechanisms and land use 4.2 The change of mechanism and practical situation of land management in Dak Lak province 15 4.2.1 Land management mechanism in Dak Lak province From 2004 to 2015, land management mechanisms changed and were marked by the Land Law of 2003 and 2013 The land management mechanism aims to meet the requirements of administrative reform and attraction invest in developing towards modernization, economicization, serving sustainable development objectives; improve the rights and obligations of land use organizations and promote decentralization in land management for local authorities; continue to innovate, arrange and develop agricultural and forestry farms; arranging, equitizing and renewing State enterprises; pilot allocation of land and forests to village communities for local ethnic minorities The land management mechanism is no longer in the scope of 07 contents such as the period 1986 - 2003 but instead there are 15 contents: Issuing legal documents on land management and use and organization implement that document; Identify administrative boundaries, set up and manage administrative boundaries and administrative maps; Survey, measurement, cadastral mapping, land use status map and land use planning map; investigation and evaluation of land resources; investigation of construction of land prices; Manage land use planning and plans; Manage land allocation, land lease, land acquisition, land use purpose change; Management of compensation, support and resettlement when land acquisition; Land registration, establishment and management of cadastral files, issuance of land use right certificates, ownership of houses and other assets attached to land, Land statistics and inventory; Building land information system; Financial management of land and land prices; Managing and supervising the implementation of rights and obligations of land users; Inspecting, examining, supervising, monitoring and evaluating the observance of land law and handling violations of land legislation; Dissemination and 16 education of land law; Settling land disputes; settle complaints and denunciations in land management and use; Managing land service activities Land is managed and used by 03 organizations: households and individuals; domestic organizations; foreign-invested enterprises, population communities and religious establishments Land is divided into 03 groups: agricultural land group; nonagricultural and unused land Land user rights are extended to 09 rights: Right to transfer, transfer, lease, sublease, inherit, donate, mortgage, guarantee and contribute land use rights The duration of land allocation is increased to 50 years for agricultural land 4.2.2 Practical situation of land management in Dak Lak province The situation of land management in Dak Lak province from 2004 to 2015 was implemented according to 15 contents of the land management organization and achieved many great achievements such as: Limiting the status of disputes and land use wrong purpose, reasonable compensation; Land statistics and inventory were carried out at levels in accordance with regulations to minimize the situation of floating land and deforestation for cultivated land; Land use planning in conformity with the overall socio-economic development planning; The work of land allocation, land lease and land use purpose change is carried out in accordance with the provisions of law and made public; Land management in agro-forestry companies has also made progress more closely However, land management also has some limitations such as land loss and deforestation; quality of depleted land; lack of productive land in a local ethnic group; In the use of nonagricultural land, the financial resources have not been fully 17 exploited; Urban planning and architecture lack of synchronization on technical infrastructure, social infrastructure, 4.3 practical situation of land use in Dak Lak province 4.3.1 Use of agricultural land In 2015, the area of agricultural land in Dak Lak province was 1,160,092.94 ha, accounting for 88.40% of the total natural area of the province, divided into categories: land for agricultural production forest land 528,272.30 ha, accounting for 40.25% of the total natural area; aquaculture land 4,472.35ha, accounting for 0.34% of the total natural area; other agricultural land 89.37ha 4.3.2 Use of non-agricultural land group The area of non-agricultural land in Dak Lak by 2015 is 88,352,22ha, accounting for 6.73% of the total natural area, of which residential land is 14,824.17ha, accounting for 1.13% of the total natural area; dedicated land is 52,513.76ha, accounting for 4.0% of the total natural area; religious and belief land is 131.43ha; cemetery, graveyard, funeral home, cremation house is 1,884,40ha; land, rivers, canals, streams, and land with specialized water surface is 18,998.23 ha, accounting for 1.45% of the total natural land area; other non-agricultural land 0.23ha Summary of chapter 4: In this chapter, we reseach about Factors affect to the transformation of management mechanisms and land use; Process of converting the mechanism and practical situation of land management in Dak Lak province from 2004 - 2015 CHAPTER REMARKS ON THE MECHANISM OF MANAGEMENT AND LAND USE IN DAK LAK PROVINCE AND SOME RECOMMENDATIONS 5.1 Comment on the process of land mechanism change and management in Dak Lak province 5.1.1 Achievement 18 - The mechanism of land management is constantly revised, supplemented and completed through stages - The content of land management mechanism changes increasingly in line with requirements, meeting the socioeconomic development objectives of the country in general and the locality in particular - Changing land management mechanism brings great achievements in land management in Dak Lak province 5.1.2 Limit - Land management mechanism 1975 - 1986 influenced by the centralized economic planning model, failed to promote the labor capacity of the people; - The system of documents to implement the land management mechanism has many inconsistencies, not consistent with other laws, causing difficulties in land management - Restrictions in the protection of legitimate rights and interests of subjects with land use rights - The mechanism for the scope of land acquisition is increasingly expanding, potentially creating conflicts of socioeconomic interests; The mechanism of land and forest allocation has not really brought about many economic development benefits for the people, limiting the responsibility of the land recipient and forest recipient 5.2 Comment on land use in Dak Lak province 5.2.1 Achievement - Land use contributes to changing the economic structure of Dak Lak province from a self-sufficient and self-sufficient economy to strongly shift to the agricultural, forestry and industrial economy of commodity nature - The area of cultivated cultivation is expanded, food production increases and people's lives are improved, contributing 19 to hunger elimination and poverty reduction, especially in ethnic minority areas - Crop restructuring has formed and developed strongly in recent years and created new economic models - Strengthened agricultural extension and application of science and technology have gradually changed the farming practices of farmers, especially for ethnic minorities - The use of non-agricultural land also has clear, specific plans, division, decentralization and desk assignment to avoid overlap 5.2.2 Limit - Forest loss continues to affect the living environment of the local peoples and environmental conditions of the Central Highlands in general and Dak Lak province in particular - Quality of depleted land and differentiation of land use in residential communities, lack of productive land in a local ethnic group - Converting, using land for wrong purposes, exceeding the plan and not promoting the efficiency of land use - Agricultural and forestry companies hold a large area of agriculture but have not promoted the effectiveness of land use Do not use the allocated and leased area, causing waste - Some areas in Dak Lak province have not promoted the land use efficiency under Decision 132, 134 5.3 Causes of achievements and limitations 5.3.1 Cause of achievement - The management mechanism and land use are built by the Party and the State on the basis of practical research on the requirements of land management and use, socio-economic development and security and national security rooms of each stage; define specific directions and tasks to achieve the goals - Department of Natural Resources and Environment of Dak Lak province advises the Provincial People's Committee to promptly implement the mechanism of land management and 20 documents implementing that mechanism, flexible and appropriate application in the local reality - Law on land is propagated and disseminated extensively to officials in charge of land management and people - The People's Committee of Dak Lak province attaches special importance to building land management institutions, promulgating according to its competence the land policy system in line with the requirements of the socialist-oriented market economy 5.3.2 The cause is limited - The legal system on land is contradictory, overlapping, inconsistent and inconsistent - Due to the conflict between one party and the entire people of the State and the other is the local ethnic minority community on the management mechanism and land use - The reverse side of a number of socio-economic development policies for the Central Highlands region, in which Dak Lak has an impact on the management mechanism and land use, such as policies on industrial tree development and hydropower development , migration,… 5.4 Some recommendations on management mechanism and land use in Dak Lak province 5.4.1 For land management mechanisms - Dak Lak is one of the provinces with particular characteristics for many ethnic minorities living, so it is necessary to have a mechanism and policies for land where there are many ethnic minorities to limit the selling situation land; - Need to have agreement between mechanisms and policies on land management with other laws in settling disputes and land acquisition - There should be a mechanism for land and forest allocation and mechanisms for the management and use of land in agro- 21 forestry companies associated with the interests of land users and local practices 5.4.2 For land use - Promote intensive farming, expand the area by exploiting, increasing crops, associated with the task of restoring, regenerating soil, ensuring ecological environment - Economically using agricultural land fund, limiting the transfer of agricultural land to other uses - Promote the accumulation and conversion of land to overcome the fragmentation and apply high technology in the use of agricultural land - Formulating land use planning must ensure the effective exploitation of land fund for the province's development needs in each period to create a premise for sustainable land use - There must be a master plan for different types of production for crops in agro-forestry companies, summarizing the productionbusiness models effectively to popularize and promote scientific applications learning technology, developing value chains - Concentrating financial resources to invest in building technical and social infrastructure - Strengthen inspection work for organizations and individuals using land Summary of chapter 5: In this chapter, we comments on the process of converting management mechanism and use of land in Dak Lak province from 1975 to 2015; Causes of achievements and limitations; Some recommendations on management mechanism and use of land in Dak Lak province CONCLUSION Dak Lak is a province with potentials and advantages of land, being a residence of many ethnic groups The mechanism of land management and land use is adjusted, changing over time 22 The land management mechanism in Dak Lak province goes from managing according to customary laws of local peoples to managing according to State law; Slowly adjust the socio-economic relations in the short to long term direction; From solving immediate problems to sustainable solutions; From mainly adjusting the socio-economic relations and land in agriculture and rural areas to the market economy, socialist orientation with comprehensive and comprehensive land policies on production and business fields investment, tourism, planning, transportation, real estate business; From land allocation to collective organizations, cooperatives to households and individuals for long-term use; From restricting to expanding land use rights; From land is only means of production has become high value goods exchanged in the market and from the use of width to use in depth, Thanks to the process of changing the land management mechanism Therefore, the management of land in Dak Lak province has become more stable and helps to make land use effective The cause of achievements is due to the proper leadership of the Party, the State of Vietnam and the practical application of local authorities, related agencies and agencies as well as the contribution of people Dak Lak people for land management and use In addition to the achievements, the land management mechanism also has limitations such as: The system of documents for implementing the governing mechanism has many points that are not uniform, not consistent with other laws; Restrictions in the protection of legitimate rights and interests of subjects with land use rights; The mechanism for increasing the scope of land acquisition is likely to create a conflict of socio-economic interests; The mechanism of land and forest allocation has not really brought about many economic development benefits for the people, limiting the responsibility of the land recipient and forest recipient The biggest limitation in the management mechanism and land use in Dak Lak province has not led to a combination of 23 transformation of management mechanisms and use in order to meet the requirements of industrialization and modernization; Land accumulation is associated with large production and application of scientific and technological advances to land use to conduct agricultural and rural industrialization and modernization This is reflected in two issues: Firstly, the area of conversion from rural to urban land is very low, making it difficult to promote industrialization and modernization of the country; Secondly, although Dak Lak province has specific soil conditions and crops such as coffee, rubber, pepper, cashew, , suitable for large-scale plantation-type production that the French had previously done and there was a buildup of land through the form of agricultural and forestry farms that owned large areas but split it into small households Therefore, household economy is still mainly with small and fragmented production scale, making it difficult to implement agricultural and rural industrialization and modernization The application of institutions to allocate land and contract to households has the effect of promoting the creative and working labor of the people, but when not accompanied by appropriate services and trade in the agricultural areas, SFEs, companies, have made production and business return to small-scale farming Each household uses a small area of land that does not constitute a large-scale commodity production in terms of product quality, so the productivity of plants and animals as well as economic efficiency is not high Although the farm economy in Dak Lak has been promoted, the scale is small, averaging 8.8ha and the total income from agriculture, forestry and fishery of farm is 1.3 billion VND, the lowest compared to other farms large farms in other regions of the country Farm owners who have an area exceeding the regulations 24 often not officially register land use rights and production orientation is not included in the long-term planning of government agencies The conflict between small-scale land tenure and household production of large-scale plantations by production cooperatives has not been successfully implemented in Dak Lak Few cooperatives actually link household production activities to form a large production base with a unified process This is a major barrier in the process of implementing industrial and rural industrialization and modernization and land use efficiency as well as general economic efficiency In order to develop the management and use of land to effectively serve the process of industrialization and modernization of the country in general and Dak Lak in particular, the mechanism and situation of land management and use in Dak Lak province should continue to be well resolved These issues are: to thoroughly grasp and apply flexibly and specifically the guidelines and policies of the Party and State into local practice, on the basis of considering specific factors for each objects using land, each region in the province to bring the highest efficiency; There should be agreement between mechanisms and policies on land management with other laws; There should be a mechanism for land and forest allocation and mechanisms for the management and use of land in agro-forestry companies associated with the interests of land users and local practices; Find all solutions to overcome the limitations that the mechanism and situation of land management and use in the area are facing to better meet the requirements of land management and use during the industrialization and modernization period, country 25 LIST OF SCIENCE WORKS HAVE DISCLOSURE RELATED TO THE THESIS Conducting with the Ede's forests in shifting cultivation in the book: "From the Central Highlands to the Southeast Ethnic culture", Social Science Publishing House (many authors), No QDXB 291 / QD-NXB -KHXH on May 14, 2005, p.213 - 221 Impact of traditional natural and economic and social conditions on forest allocation for management and protection of the Ede ethnic households in Krong Na commune, Buon Don district, Dak Lak province, Journal of Social Sciences Highlands, No (15) 2014, p.32 - 39, ISSN 1859 - 4042 Overview of cultivation Practical Situation in Cu Jut district, Dak Nong province from 2004 to present and Arisen Questions, Tay Nguyen Social Science Journal No (2015), p.47 - 53, ISSN 1859 - 4042 Transforming Land relations in Ethnic Minorities and mountainous areas in the Renovation period, Journal of Economic Research, No (479) 04 - 2018, pages 60 - 69, ISSN0 8667489 Agricultural land use in Dak Lak province: Practical Situation, Arisen Questions and solutions, Ethnographic magazine, No (207) 2018, pages 33 - 43, ISSN 0866 - 7632 Land management and use of agricultural and forestry farms in Dak Lak province - Practical Situation and Arisen Questions in: "Some issues on ethnicity, ethnicity in the border area and cross-border of our country Currently - Proceedings of the National Scientific Conference 2017, ISBN: 978-604-956378-2, p224 -334 ... changing management mechanism and land use in Dak Lak province from 1975 to 2015 3.2 Research scope About time: From 1975 to 2015 In terms of space: Dak Lak province before and after the province... land use in Dak Lak province from 1975 to 2015; Secondly, analyzing the transition in management mechanism and status and land use in Dak Lak province from 1975 to 2015; Third, successes, limitations,... attracted the attention and research of many domestic and foreign authors - Most of the concentrated works largely reflect on the study of the situation of land management in general but little
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