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

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
2. 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.


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INTRODUCTION
1. 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.


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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.
3. 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.
4. 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,


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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, ..
5. 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.
6. 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.


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- The thesis is also a reference for those who are interested in
this issue.
7. Thesis structure
The thesis structure is in addition to the introduction,
conclusions, references and appendices, the content is divided into
5 chapters.
CHAPTER 1. 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), ...


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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;


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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 2. 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 5 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 2 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 8 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


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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


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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 4 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


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whole province had 64 farms and 42 SFEs managing and using
86.13% of the province's land area and over 20% of the total.
people, on average 12.18 ha / head. Meanwhile, the remaining
area is 13.87% with nearly 80% of the population with an average
of 0.53 ha / head. Farms have the main task of developing
industrial crops and food crops, forest enterprises to manage,
repair and protect forests.
2.3.2.3. Land is under the management of military units
located in the area
In the 10 years after the country was completely liberated, the
Central Highlands in general and Dak Lak in particular were
important strategic areas, army units were stationed in the area like
the 15th Army, the 16th Army was the The unit under the Ministry
of National Defense of Vietnam and the defense economic unit of
the Vietnam People's Army is assigned by the State to manage a
number of land areas in order to carry out the task of economic
development associated with construction. security and defense
battle in the Central Highlands border area. The divisions,
regiments, ... of these two units have established agriculture and
forestry farms to cultivate short-term and long-term industrial
crops and wet rice, on the one hand, to develop the economy and
on the other hand contribute to maintaining national security.
room in the province.
2.4. Practical situation of land use in Dak Lak province
In the period from 1975 to 1986, the use of land under the
subsidy mechanism, also known as the accounting mechanism

reported: the state allocated capital, supplies and labor to
organizations and organizations operating under the plan.
designate and submit products according to the top-down
ordinance criteria. The state subsidizes all supplies, funds and
organizations do not bear the pressure of making products. Weak


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labor productivity and stagnation. However, in Dak Lak province,
there was a first step
shifting plant structure, forming commercial plantation areas
in the direction of gradually going into goods; Science and
technology has gradually been introduced into the life of ethnic
minority people.
Summary of chapter 2: In this chapter, we reseach about
Overview of Dak Lak province; Mechanism and practical situation
of land management in Dak Lak province through 2 periods before 1975 and from 1975 to 1986.
CHAPTER 3. TRANSFORMATION OF MECHANISM
AND PRACTICAL SITUATION OF LAND
MANAGEMENT, USE IN DAK LAK PROVINCE
FROM 1986 TO 2003
3.1. Factors affect to the transformation of management
mechanisms and land use
- Common development factor of the country
Since 1986, the country has been reforming from the mechanism
of economic bureaucracy to subsidize and state accounting to a market
economy, socialist orientation and implementation of industrialization
and modernization of the country. In economic innovation, the issue of
innovation in land management mechanisms plays an important role.
- Impact factor from Land Law 1987 and 1993

In order to bring the land law into life and in accordance with
local practice, the management and land use mechanism of Dak Lak
province also changed in accordance with the Land Law and enhanced
the responsibility of all organizations and individuals in the protection
and use of land, environmental protection, the management and use of
land in strict regulations
- Factors affecting local practices
The rush to exploit the province's land resources through the
establishment of agricultural and forestry farms; New economic


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settlements and sedentary settlements have left implications for land
management and use and many other consequences such as lack of
arable land, loss of land and deforestation, and inefficient use of land in
the NLT and cooperatives so that the land management mechanism
needs innovations to overcome those limitations.
3.2. The change of mechanism and practical situation of
land management in Dak Lak province
3.2.1. Land management mechanism in Dak Lak province
Land management mechanism in Dak Lak province in the
period 1986 - 2003, the face of the tomb inherited from 1975 to
1986 with 07 contents in the land management mechanism. On the
other hand, the land management mechanism changes through the
allocation of land and forests to households and household groups;
land allocation in accordance with Decision 132, recovering the
area of some economic organizations that are operating
inefficiently, ...
Organizations using land in this period include 05 organizations:
economic organizations; armed units; state agencies; political and social

organizations; households and individuals; organization of households
and individuals (renting land - called land users). Principles for long-term
stable use of land for organizations, households and individuals are
established. At the same time, the State assigned 05 rights to land users
such as: the right to convert; transfer rights; rental rights; inheritance
rights; rights to use.
3.2.2. Practical situation of land management in Dak Lak province
Land management in Dak Lak province during 1986 - 2003 has
achieved certain achievements, initially put the management and use
of land in Dak Lak gradually into stability, limiting the situation of
floating land. floating, derelict forest, arbitrary land use, running after
immediate profit without taking into account the ecological and
economic environment. Limiting the status of trading, exchanging
hands of exchanging land, not according to the law, ...


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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


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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 ha 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 ha 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.


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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 4. 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 4 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

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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


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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 3 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


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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 4 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 5. 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


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- 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.


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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


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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 1 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