Bài giảng Anh văn chuyên ngành quản lý đất đai và bất động sản

TRÖÔØNG ÑAÏI HOÏC NOÂNG LAÂM THAØNH PHOÁ HOÀ CHÍ MINH 
BAØI GIAÛNG 
ANH VAÊN CHUYEÂN NGAØNH 
QUAÛN LYÙ ÑAÁT ÑAI VAØ BAÁT ÑOÄNG SAÛN 
Bieân soaïn 
ThS. Voõ Vaên Vieät 
( LÖU HAØNH NOÄI BOÄ) 
Thaùng 01 naêm 2008 
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UNIT 1: LAND EVALUATION 
I. READING COMPREHENSION 
When populations were far smaller than today most societies were able to live in 
balance with their natural environment. As numbers expanded, man had a greater impact 
on the land through clearance for farming and in order to obtain fuel and construction 
material. In most places, this was a gradual process, and social groups were able to develop 
often complex systems for exploiting natural resources on a sustainable basis. 
More recently, human populations have increased very rapidly, especially in 
developing countries, and demand for food and fuel has grown alarmingly. At the same 
time, changing economic and social conditions have undermined or destroyed traditional 
systems of land resource management. Thus, not only is the land being cropped and 
grazed more intensively, with rest or fallow periods being drastically reduced or 
eliminated, but effective systems for maintaining fertility are no longer being applied. The 
result has been massive soil degradation on a world scale, through loss of plant nutrients 
and organic matter, erosion, build up of salinity, and damage to soil structure. Increasing 
demand for food, plus the fact that parts of the land most suited to crop production have 
been damaged or destroyed, has led to the expansion of cultivation and grazing into areas 
less suited to such uses, and ecologically more fragile. This has upset or destroyed natural 
ecosystems and modified or eliminated natural populations of flora and fauna. 
Much of the damage is irreversible, as when fertile topsoil has been stripped off to 
expose infertile subsoil or bare rock, or where plant or animal species have been wiped 
out. In other cases, the damage can be economically irreversible, such as when millions of 
hectares become infertile due to the build-up of salinity. There is an urgent need for a new 
approach. Traditional systems must be preserved and strengthened wherever possible, but 
it is clear that they alone are far from sufficient in view of the magnitude of the problem 
and the rate of destruction of the world's land resources. 
How people or nations use their land depends on complex, interrelated factors 
which include the characteristics of the land itself, economic factors, social, legal, and 
political constraints, and the needs and objectives of the land user. In order to make 
rational decisions it is necessary to collect the right information about the physical, social, 
and economic aspects of the land area in question; and assess the land's relative suitability 
for different uses in the light of the needs and objectives of the land user and the 
community. This process is known technically as land suitability evaluation, or simply as 
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land evaluation, and the basic methodology was set out in the 1976 FAO (Food and 
Agriculture Organization) publication - Framework For Land evaluation (Soil Bulletin 
32). 
Land evaluation is part of the process of land-use planning. Successful land 
evaluation is necessarily a multi-disciplinary process and therefore the use of a 
standardized framework is essential to ensure logical, and, as far as possible, quantitative 
analysis of the suitability of the land for a wide range of possible land uses 
How land is evaluated 
The essence of land evaluation is then to compare or match the requirements of 
each potential land use with the characteristics of each kind of land. The result is a measure 
of the suitability of each kind of land use for each kind of land. These suitability assess-
ments are then examined in the light of economic, social and environmental considerations 
in order to develop an actual plan for the use of land in the area. When this has been done, 
development can begin. 
Land evaluation, strictly speaking, is only that part of the procedure that lies 
between stages two and six on the diagram below. Stage seven is a transitional step 
between land evaluation and land-use planning. The powerful interactions that occur 
between all the stages mean that the planning process must be approached as a whole. The 
requirements of the different kinds of use that are to be evaluated, for example, largely 
determine the range of basic data that must be collected before evaluation can begin. Later, 
the identification of suitable forms of land use provides the building blocks for land-use 
planning 
Ideas on how the land should be used are likely to exist before the formal planning 
process begins. Those ideas, which often reflect the wishes of the local people, are usually 
included among the possible uses to be assessed in the evaluation and will thus influence 
the range of basic data that needs to be collected. 
As the study proceeds, new ideas on the way the different types of land could be 
used will emerge. Not only will these need to be evaluated but, conceivably, additional 
basic data will need to be collected. The original objectives of the study may even need 
revising. 
Thus, the overall procedure requires more than a simple passage through the flow 
chart. It is the norm rather than the exception that the procedure cycles backwards and 
forwards through the stages of the chart until the planners are satisfied that all important 
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possible uses have been evaluated. A wide range of specialist knowledge is needed to 
collect and analyze all the data relevant to land evaluation. The work is best undertaken by 
a multidisciplinary team that includes social and economic expertise as well as biophysical 
scientists. Ideally, such a team should work together throughout the study so that each 
member can influence the others with his or her special knowledge and viewpoint 
In practice it is not always possible to field the whole team at once. In this case, the 
physical aspects of land are usually studied and mapped first to provide a geographical 
framework into which the socio-economic dimensions are inserted later. A two stage 
approach is obviously less well integrated and will take longer to complete. 
The reliability of a land evaluation can be no greater than that of the data on which 
it is based. Ideally, fresh data should be obtained to answer all questions raised by the 
study, although time and expense usually prevent this being one as thoroughly as is 
possible. The one really important requirement is that the reliability of each data source is 
checked. 
In order to be objective and, as far as possible, quantitative, land evaluation follows 
certain established procedures based on the concept of land 'qualities' and 'characteristics'. 
Land characteristics are single factors such as annual rainfall or soil texture, which can be 
measured or estimated. Land qualities, on the other hand, are complex properties of the 
land such as moisture availability or fertility, produced by combination groups of land 
characteristics. Land suitability is rated for a given use by comparing the requirements of 
that use, which must of course first be identified; with the qualities of the land unit 
The evaluation process can be 'automated' and carried out quite rapidly once all the 
necessary data are available, by setting up a computerized data bank or geographical 
information system, and establishing rules or decision trees to carry out the matching 
process which produces the evaluation. 
II. VOCABULARY 
1. population: dân số, mật độ dân số 
2. society : xã hội 
3. live in balance with: sống một cách 
cân bằng 
4. natural environment: môi trường tự 
nhiên 
5. clearance: chặt phá rừng 
6. fuel (n): nhiêu liệu, chất đốt 
7. construction material: vật liệu xây 
dựng 
8. social group: nhóm xã hội 
9. exploit (v): khai thác 
10. natural resource: tài nguyên thiên 
nhiên 
11. sustainable (a) bền vững 
12. developing countries: các quốc gia 
đang phát triển 
13. alarmingly (ab) đáng lo ngại, đáng 
báo động 
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14. economic and social conditions: 
các điều kiện kinh tế xã hội 
33. fragile (a): mỏng manh, dễ vỡ 
34. flora (n): quần thể thực vật 
15. undermine (v) làm suy yếu, làm 
yếu dần 
35. fauna (n): quần thể động vật 
36. irreversible (a): không thể thay đổi, 
không thể đảo ngược được 16. destroy (v): phá hoại, phá hủy, tiêu 
diệt 37. topsoil (n): tầng đất mặt 
17. land resource management: quản lý 
tài nguyên đất đai 
38. plant or animal species (n): các 
lòai động thực vật 
18. crop (v): gieo trồng 39. wipe out (v) phá hủy hoàn toàn 
19. graze (v) chăn thả gia súc 40. magnitude (n): độ lớn, tầm quan 
trọng 20. intensively (adv): mạnh mẽ, sâu 
sắc 41. destruction (n) sự phát hủy, sự phá 
hoại 21. eliminate (v): loại ra, loại trừ, loại 
bỏ 42. land's relative suitability (n) tính 
thích hợp tương đối của đất đai 22. maintain (v): duy trì 
23. fertility (n) độ màu mỡ 43. land suitability evaluation (n) đánh 
giá tính thích hợp của đất đai 24. apply (n): áo dụng ứng dụng 
25. degradation (n): sự suy thoái, sự 
thóai hóa 
44. land evaluation (n) đánh giá đất đai 
45. land-use planning: quy hoạch sử 
dụng đất đai 26. plant nutrient (n): dinh dưỡng cây 
trồng 46. multi-disciplinary (a): đa ngành 
47. quantitative analysis: phân tích 
định lượng 
27. organic matter (n): chất hữu cơ 
28. erosion (n) sự xói mòn 
48. essence (n) bản chất, thực chất 29. to build up (v): tích tụ, tích lũy 
49. reliability (n) sự đáng tin cậy, tính 
đáng tin cậy 
30. salinity (n): tính mặn, độ mặn 
31. soil structure: kết cấu đất 
32. cultivation (n) sự trồng trọt, canh 
tác 
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UNIT 2: LAND-USE PLANNING 
I. READING COMPREHENSION 
There is bound to be conflict over land use. The demands for arable land, grazing, 
forestry, wildlife, and tourism and urban development are greater than the land resources 
available. In the developing countries, these demands become more pressing every year. 
The population dependent on the land for food, fuel and employment will double within 
the next 25 to 50 years. Even where land is still plentiful, many people may have 
inadequate access to land or to the benefits from its use. In the face of scarcity, the 
degradation of farmland, forest or water resources may be clear for all to see but individual 
land users lack the incentive or resources to stop it. 
Land-use planning is the systematic assessment of land and water potential, 
alternatives for land use and economic and social conditions in order to select and adopt 
the best land-use options. Its purpose is to select and put into practice those land uses that 
will best meet the needs of the people while safeguarding resources for the future. The 
driving force in planning is the need for change, the need for improved management or the 
need for a quite different pattern of land use dictated by changing circumstances. 
All kinds of rural land use are involved: agriculture, pastoralism, forestry, wildlife 
conservation and tourism. Planning also provides guidance in cases of conflict between 
rural land use and urban or industrial expansion, by indicating which areas of land are most 
valuable under rural use. 
WHEN IS LAND-USE PLANNING USEFUL? 
Two conditions must be met if planning is to be useful: The need for changes in 
land use, or action to prevent some unwanted change must be accepted by the people 
involved; there must be the political will and ability to put the plan into effect. Where these 
conditions are not met, and yet problems are pressing, it may be appropriate to mount an 
awareness campaign or set up demonstration areas with the aim of creating the conditions 
necessary for effective planning. 
Making the best use of limited resources 
Our basic needs of food, water, fuel, clothing and shelter must be met from the 
land, which is in limited supply. As population and aspirations increase, so land becomes 
an increasingly scarce resource. Land must change to meet new demands yet change brings 
new conflicts between competing uses of the land and between the interests of individual 
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land users and the common good. Land taken for towns and industry is no longer available 
for farming; likewise, the development of new farmland competes with forestry, water 
supplies and wildlife. Planning to make the best use of land is not a new idea. Over the 
years, farmers have made plans season after season, deciding what to grow and where to 
grow it. Their decisions have been made according to their own needs, their knowledge of 
the land and the technology, labor and capital available. As the size of the area, the number 
of people involved and the complexity of the problems increase, so does the need for 
information and rigorous methods of analysis and planning. However, land-use planning is 
not just farm planning on a different scale; it has a further dimension, namely the interest 
of the whole community. 
Planning involves anticipation of the need for change as well as reactions to it. Its 
objectives are set by social or political imperatives and must take account of the existing 
situation. In many places, the existing situation cannot continue because the land itself is 
being degraded (Plate 2). Examples of unwise land use include: the clearance of forest on 
steeplands or on poor soils for which sustainable systems of farming have not been 
developed; overgrazing of pastures; and industrial, agricultural and urban activities that 
produce pollution. Degradation of land resources may be attributed to greed, ignorance, 
uncertainty or lack of an alternative but, essentially, it is a consequence of using land today 
without investing in tomorrow. 
Land-use planning aims to make the best use of limited resources by: 
¾ Assessing present and future needs and systematically evaluating the land's ability 
to supply them; identifying and resolving conflicts between competing uses, 
between the needs of individuals and those of the community, and between the 
needs of the present generation and those of future generations; 
¾ Seeking sustainable options and choosing those that best meet identified needs; 
¾ Planning to bring about desired changes; 
¾ Learning from experience. There can be no blueprint for change. The whole 
process of planning is iterative and continuous. At every stage, as better 
information is obtained, a plan may have to be changed to take account of it. 
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Goals 
Goals define what is meant by the "best" use of the land. They should be specified 
at the outset of a particular planning project. Goals may be grouped under the three 
headings of efficiency, equity and acceptability and sustainability. 
Efficiency: Land use must be economically viable, so one goal of development 
planning is to make efficient and productive use of the land. For any particu ...  formalities on land allocation, land lease, issuance of land 
tenure certificates to people to vs hom land is allocated, leased 
1. The submission procedure for land allocation, land ease shall be as follows: 
a) Organizations, overseas Vietnamese, foreign organizations, individuals shall 
submit two sets of application for land allocation, land lease to the land 
administration agencies of provinces, centrally-managed cities where the land is 
located. 
Households, individuals shall submit two sets of application for land allocation, 
land lease to the land administration agencies of rural and urban districts, provincial 
towns, provincial cities where the land is located; 
b)Application documents for land allocation, land lease shall consist of the 
application form for land allocation, land lease; investment project document of 
organizations in accordance to legal provisions on investment; for overseas 
Vietnamese, foreign organizations, individuals, there shall also be the investment 
project document and the copies notarized by the State notary authority of the 
investment license in accordance with legal provisions on investment. 
2. Land allocation, land lease where site clearance has been completed shall be stipulated 
as follows: 
a) Within no more than ten working days since the date of receipt of the proper 
application, the receiving agency shall be responsibility for making index maps 
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based on cadastral maps or conducting a survey of the land parcel to be allocated, 
leased; determining the rate of land use fees, land rental; performing the procedures 
on land allocation, land lease, land tenure certificate issuance in accordance with 
the regulations and handing over the decision on land allocation or land lease to the 
people to whom the land is allocated, leased; 
b) Within no more than ten working days since the date when the people to whom 
the land is allocated, leased, have completed their financial obligations in 
accordance with legal provisions, the land administration bodies shall sign a land 
leasing contract with the lessee, hand over the actual land and the land tenure 
certificate to the people allocated, leased with the land. 
3. Land allocation, land lease where site clearance has not been done shall be stipulated as 
follows: 
a) Within no more than thirty working days since the date of receipt of the proper 
application, the receiving agency shall be responsible for completing the 
introduction of the place; making an index map based on cadastral maps or 
conducting a survey of the land parcel to be allocated, leased; determining the rate 
of land use fees, land rental; carrying out the procedures on land allocation, land 
lease, land tenure certificate issuance in accordance with the regulations and 
handing over the decision on land allocation or land lease to the people to whom 
the land is allocated, leased; 
b) Pursuant to the decision on land allocation, land lease of the authorised State 
bodies, the People's Committees of rural districts, urban districts, provincial towns, 
provincial cities shall organise the implementation of compensation, site clearance; 
c) Within no more than ten working days since the date when the site clearance is 
completed and the financial obligations of the people to whom the land is allocated, 
leased, are fulfilled in accordance with provisions of law, the land administration 
body shall sign a land leasing contract with the lessee, hand over the actual land 
and land tenure certificates to the people to whom the land is allocated, leased. 
Article 123. Procedures, formalities of issuing land certificates to land users 
1. The application for land tenure certificates stipulated as follows: 
a) Applicants shall hand in applications at the Land Registration Office; with 
respect to the households, individuals in rural areas applying for land tenure 
certificates, they shall submit applications to the People's Committee of the 
commune where the land is located who shall, in turn, forward the applications to 
the Land Registration Office; 
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b) The application for land tenure certificates shall consist of an application form 
for land tenure certificate, documents certifying land use rights as stipulated in 
clauses 1, 2 and 5 of Article 50 of this Law (if any), authorisation letter for land 
tenure certificate application (if any). 
2. Within no more than fifty working days since the date of receipt of the proper 
application, the Land Registration Office shall be responsible for forwarding the 
application to the land administration bodies of the People's Committees that are authorised 
to issue land tenure certificates in order to perform the procedures on issuing land tenure 
certificates; if financial obligations must be carried out and they are determined based on 
cadastral data, the Land Registration Office shall provide cadastral data for the tax 
authority to determine the level of financial obligation in accordance with provisions of 
law; inform the applicant of the need to fulfil the financial obligations; in cases where it is 
ineligible to issue a certificate, the application shall be returned and the reasons be 
informed to the applicant. 
3. Within no more five working days since the date when financial obligations are fulfilled, 
the applicant shall come to the office where the application was submitted to receive the 
land tenure certificate. 
Article124. Procedures, formalities for registration of changes of land use purpose in 
cases where permission is not required 
1. Persons having the need to change land use purposes shall submit the completed 
application form for registration of changes of land use purposes and the land tenure 
certificate to the Land Registration Office; for households, individuals in rural areas, the 
application shall be submitted to the People's Committee of the commune where the land is 
located who shall, in turn, forward the application to the Land Registration Office. 
2. Within no more than seven working days since the date of receipt of the documents as 
stipulated in clause 1 of this Article, the Land Registration Office shall be responsible for 
examining the application form, transferring the land tenure certificate to the land 
administration bodies of the People's Committees that are authorised to issue land tenure 
certificates for updating work to be done and return the updated land tenure certificate to 
the place where the application was submitted in order to return it to the applicant. 
Article 125. Procedures, formalities for changes of land use purposes in cases where 
permission is required 
1. The submission of application for changes of land use purposes in cases where 
permission is required shall be stipulated as follows: 
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a) Organizations, overseas Vietnamese, foreign organizations, individuals who 
need to change land use purposes shall submit the application to the land 
administration bodies of provinces, centrally-managed cities where the land is 
located. 
Households, individuals who need to change land use purposes shall submit the 
application to land administration bodies of rural districts, urban districts, 
provincial towns, provincial cities where the land is located; 
b) Application for changes of land use purposes shall consist of the application 
form for changing land use purposes, the land tenure certificate, the investment 
project document of organizations in accordance with provisions of law on 
investment. 
2. Within no more than twenty working days since the date of receipt of the proper 
application, the receiving agency shall be responsible for carrying out administrative 
procedures to give permission to the change of land use purposes; determining the level of 
land use fee for cases where land use fee is required, informing the applicant to fulfil the 
financial obligations in accordance to provisions of law; in cases where the requested 
change is ineligible, the application shall be returned and the reasons be informed to the 
applicant. 
3. Within no more than five working days since the date when the financial obligations are 
fulfilled by the applicant in accordance with provisions of law, the application receiving 
agency shall present the updated land tenure certificate to the applicant. 
Article 126. Procedures, formalities for exchanging land use rights of households, 
individuals 
1. The submission of application for exchanging land use rights shall be stipulated as 
follows: 
a) Applications for exchanges of land use rights shall be submitted to the People's 
Committees of communes, wards, district towns where the land is located who 
shall, in turn, forward them to the Land Registration Office; 
b) Applications for exchanges of land use rights shall consist of the contract on 
exchange of land use rights and the land tenure certificate. 
The contract on exchange of land use rights of households, individuals must be 
certified either by the People's Committee of communes, wards, district towns 
where the land is located or be notarized by the State notary authority. 
2. Within no more than ten working days since the date of receipt of the proper application, 
the Land Registration Office shall forward the application to the land administration body 
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of rural districts, urban districts, provincial towns, provincial cities to carry out the 
procedures on issuing the land tenure certificate. 
If the exchanging parties are subject to financial obligations which are determined based 
on cadastral data, the Land Registration Office shall provide the cadastral data for the tax 
authority to determine the financial obligations in accordance with provisions of law; the 
Land Registration Office shall inform the exchanging parties of the need to fulfil the 
financial obligations. 
Within five working days since the date of completion of the financial obligations, the 
exchanging parties shall be given the land tenure certificate at the place where the 
application was submitted. 
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Suggested reading: 
The Land Law 1993 and the Land Law 1988 
The Land Law of 1993 was promulgated right after the Constitution of 1992. The 
regulation for use of different types of land is one of the important aspects of the Land 
Law, reflecting the on-going reform of different land policies by the Government and the 
Party. 
To reflect the political and economic structure as well as the economic policy of the 
Constitution of 1992, the first article of the Land Law 1993 regulates that the land belongs 
to the entire population and is managed by the State (Article 1). This regulation clearly 
indicates the socialist system of Vietnam. At the same time, the Land Law institutionalises 
the new line of the Party towards economic development with a multi-sectoral market 
economy under State management. Compared with the Land Law of 1988, regulations and 
rules for land use in the Land Law of 1993 have been added and amended to fit the 
Constitution of 1992. The following changes were made: 
• To ensure sustainable development, the new Land Law defines that those who use 
the land in a sustainable way, in accordance with Law and without disputes will 
receive land use certificates (Red Book). The State does not recognise the 
withdrawal of land which has already been allocated to other users. The State 
policy is to ensure those who engage in agriculture and forestry to obtain land for 
production (Article 3). 
• The State protects the legal rights and benefits of the land user. Family households 
and individuals with land allocated by the State have the right to transfer, exchange, 
lease, inherit the land use right and use it as a collateral in accordance with the 
regulations of the Law (Article 3). 
• The State encourages land users to invest labour, material, capital and to apply 
scientific and technical methods aiming at effective use of land (Article 5). On the 
other hand, the State strictly forbids encroachment, illegal transfer, misuse and 
deterioration of the land (Article 6). 
While in 1988 the Land Law explicitely listed "agricultural and forest enterprises, co-
operatives, agricultural production teams, people's armed forces, State bodies, social 
organisations and individuals" as land users, the Land Law of 1993 defined only three 
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types of land users: organisations, family households and individuals. By doing so it 
indicates each entity in a more generalised and clear way, avoiding duplication or missing. 
and making the definition more suitable for the dynamic character of the market economy. 
For the first time in Vietnam the concept of "family household" was put into the Law as an 
entity of land users, reflecting the views and approach of the State of Vietnam to regard the 
family household as an independent economic unit. 
The Land Law of 1988 defined three forms of land allocation: land allocation for long term 
and permanent use, land allocation for time-fixed term use, and land allocation for 
temporary use. The Land Law of 1993 retains only one form of land allocation, i.e. land 
allocation for long term and permanent use. At the same time, the State allowed land lease 
as a new form under which land can be leased by organisations and individuals, including 
foreign organisations and individuals. 
Thus, the Land Law of 1993 has paved the way for forming two kinds of land: land for 
allocation and land for lease. While land for allocation is essential to create permanent use 
of land, land for lease aims at regulating land use to suit each period and to encourage 
investment from domestic resources and from abroad. 
Under the Land Law of 1993, for the first time, the land user has five rights: the right to 
exchange, transfer, lease, inherit, and to use land use certificates as collateral. However, 
with each type of soil and each kind of land user, these principles may be applied in a 
different way. 
Also for the first time in the Land Law of 1993, the State defines different soil types as a 
basis for tax and other charges, for transfer of land use rights, for allocation or lease of 
land, for assessing the land value for compensation of damages or for withdrawal of land. 
The Government regulates the price frame for all kind of soils, for each region and each 
period of time (Article 12). 
Thus, the Government concretized the fact that "land has its own price". It allows the 
change of land use thus making land management suitable for conditions of the market 
economy. The price of land is an economic instrument for the land managers and users to 
get access to the market, while it also is the basis for assessing the equity of land 
distribution according to planning and the Law. The land price is also a means to assess the 
value. of land use rights for exchange, transfer, lease, heritage and use as collateral. 
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