Abstract
The paper aims to explore the process of land conversion for tourism development in Vietnam, under the present ambiguous and insecure property rights system. Four case studies in different geographical areas were selected to analyse land conversion and land compensation for tourism projects before and after the implementation of the new land law in 2013. The findings of this study show that, in the present legal system of land and property rights, the rights of local people are not sufficiently guaranteed due to the decisive role of the State not only in defining compensation prices for land in the case of compulsory land acquisition but also in determining whether tourism projects are in the public’s interest or not (thus deciding the appropriate land conversion approach as well as affecting price negotiations). The research also found that, although a voluntary land conversion approach (when the project is not in the public’s interest), based on the 2013 Land Law, offers land users a better negotiation position and a higher compensation payment, possibly reducing land-related conflicts between the State and land users, ambiguity over property rights in fact increased due to the government’s substantial discretion to choose between ‘public purpose’ and ‘economic purpose.’ The paper concludes with questioning whether the present legal basis for compulsory land acquisition is future proof since urbanisation pressure is likely to increase, which may lead to even more land conflicts in the near future.
Highlights
As land is a crucial factor for tourism development, the rapid development of this sector has led to an increase in the demand for land [1]
While many studies have analysed the issue of land conversion for urban development [3,4,5,6], in this paper, we aim to investigate the land conversion process for tourism accommodation development before and after the implementation of the 2013 Land Law and the influence of the ambiguous property rights over land on the land acquisition process in Vietnam
Tourism has developed rapidly in Vietnam in recent years, and tourism investment projects have been actively encouraged by the Vietnamese government
Summary
As land is a crucial factor for tourism development, the rapid development of this sector has led to an increase in the demand for land [1]. That land is often used already by other sectors such as agriculture. For this reason, land acquisition to accommodate the demands for land for tourism often affects various other land users. Concerning land development, Vietnam is still in the process of adjusting its property rights regime, as part of the broader transition of its economy. Land in Vietnam is still owned by the State as the representation of the people. The changes in the legal framework for land conversion have increased the complexity for stakeholders involved in the process
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