Abstract
In Vietnam, land recovery (or land acquisition) is a tool of state management and also of exercising the right to represent the owner of the State over land (Clause 4, Article 9 of the Land Law 1987, Clause 4, Article 13 of the Land Law 1993, Article 5 of the Land Law 2013 and Article 13 of the Land Law 2013). In terms of market economy, land acquisition is also considered as a “stage” of the process of “coordination” of land (Hochiminh city University of Law, 2012, p. 163). Along with the development of land laws, the regulations on land recovery have also been gradually improved. However, its innovations are still not enough to meet the requirements of society in many aspects, such as: fairness, efficiency, etc.... According to official statistics, more than 70% of mass complaints and denunciations are related to land recovery (Linh, 2015). For this reason, we will try to clarify the above issues and make some suggestions to improve the provisions of the law related to the regulation of land acquisition, in the relationship between the State (with the representative way of land owners) and land users in order to offer solutions to protect the legitimate rights of land users.
Highlights
Property right is one of the most important human rights
There are certain differences in the definitions of the Land Laws, land acquisition has one thing in common, which leads to legal consequences of terminating the land use rights of land users or land management rights of entities allocated land for management by the State
This transaction is “compulsory”, it can still be a kind of “commodity-money” relationship, when the land user is compensated for the damage caused by the land acquisition
Summary
Property right is one of the most important human rights. For that reason, Article 17 of Universal Declaration of human rights stipulates that: “Everyone has the right to own property alone as well as in association with others. Vietnam has recognized the market economy since the Constitution 1992, so it has issued provisions to protect the property rights of persons and entities in society (Article 22). Lawful assets of individuals and organizations investing, producing and doing business are protected by law and not nationalized” (clause 3 Article 51)
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