Land In Vietnam Research Articles

Financial revenues from land in Vietnam: factors affecting their collection

Financial revenues from land in Vietnam: factors affecting their collection

Financial revenues from land in Vietnam: Factors affecting their collection

Financial revenues from land in Vietnam: Factors affecting their collection

Assurance of Market Principles in the Valuation of Land Use Rights when the State Recovers Land in Vietnam

Valuation of land use rights is one of the steps to ensure the lawful rights and interests of people whose land is recovered. In Vietnam, the state's valuation of land use rights upon land recovery is conducted and decided upon by competent state agencies. The process of industrialization and modernization to develop the country requires the State's valuation of land use rights upon land recovery to ensure the market principles. However, the 2013 Vietnam Land Law has yet to reflect this principle in the regulations on land use right valuation when the State recovers land. Therefore, the system of regulations on principles, subjects participating in the valuation of land use rights, and the process of conducting this activity must be completed to ensure the balance of interests between the State and the persons whose land is recovered. Through clarifying the concept of market principles when the State recovers land, the article proposes solutions to improve regulations on the principles, subjects, methods, and process of land use right valuation when the State recovers land in Vietnam.

On the keeled box turtle (Cuora mouhotii) from reforested land in Vietnam

The keeled box turtle (Cuora mouhotii Gray, 1862) is endangered and native to Bangladesh, Bhutan, China, India, Laos, Myanmar, Thailand and Vietnam. First described in 1862 by Gray, its numbers have declined by 50-80% in the past 75 years, particularly in China due to harvesting. Other research has also shown that C. mouhotii is very rare in Myanmar and at risk in Laos. In Vietnam, C. mouhotii has been found in the mountainous areas from North Central to Central Vietnam such as Cuc Phuong National Park, Nghe An, Ha Tinh and Quang Binh provinces, as well as in the Truong Son mountains as far as Quang Nam province in Central Vietnam. However, the population of C. mouhotii in Vietnam has also decreased significantly because of overexploitation and habitat destruction.

An Analysis of Corruption Risks in Issuing the Land Use Certificate in Vietnam

Purpose: The objective of this article was to analyze what are the corruption risk factors in Vietnam's land use certificate issuing process in Vietnam, identify the manifestations of these factors in land use certificates issuing process. Theoretical framework: There have been many studies analysing the situation of corruption in Vietnam, including those researches in the field of land in Vietnam. However these studies have yet not answered the following questions about the corruption risk factors in Vietnam's land use certificate issuing process and the manifestations of these factors in land use certificates issuing process. Design/methodology/approach: The authors use a value chain approach to assess the risk of corruption in the procedure for granting land use certificates. Based on using the theoretical formula (“equation”) of corruption "Corruption = Monopoly + Description - Accountability" (Klitgaard, 1988), the authors study each step in the process to analyze corruption risks. At the same time, the desk review method to collect and analyze documents and legal documents was also used. The authors also made use of secondary data from 2017 to present from the annual Provincial Competitiveness Report (PCI) of Vietnam, the Corruption Perception Index (CPI), the Corruption Barometer (VCB), Effective Provincial Governance and Public Administration (PAPI) to clarify the current state of corruption risks in the land use certificates issuing process. Findings: Corruption risk factors exist in all the flows of issuing land use certificates in Vietnam. The main factor leading to the risk of corruption in the current land use certification process in Vietnam is the policy gap caused by overlapping legal regulations, high monopoly, and discretion of authorities with low accountability. All these factors lead to the risk of corruption in issuing land use certificates in Vietnam. Research, Practical & Social implications: We suggest future research of in-depth analysis of the causes and effects of corruption risk factors in each steps of the land use certificates issuing process. Originality/value: The article results indicate that corruption risk factors still exist in the flows of issuing land use certificates in Vietnam, although there is a decrease compared to previous periods.

ANALYSIS OF ADVANCES IN VIETNAM'S LAND LAW: AN INSIGHT INTO THE 2013 LAND LAW AND ITS IMPLEMENTATION

The Land Law is one of the most concerned laws in Vietnam. Although the 2013 Land Law – the current Land Law has achieved many positive advances, some of its contents have not kept up with the rapid development in the economy and society of Vietnam today. This study examines the advances made in Vietnam's land law, with a focus on the 2013 Land Law and its implementation. In this study, we analyze the legal framework for land use in Vietnam, including the historical context of land reform and the development of the current land law. We also review the implementation of the 2013 Land Law, including its impact on land ownership, land use rights, and land management practices. Lastly, we provide a detailed analysis of the advances made in the 2013 Vietnam's land law, as well as the challenges and opportunities for further progress in land governance in Vietnam.

State Power Balance In Governing Land: Law And Regulation Of Vietnam

Currently, Vietnam’s National Assembly is collecting opinions from relevant organizations and individuals to finalize the draft and prepare to promulgate the revised 2022 Law of Land. In this article, the author and clarifies the issue of state power control when expropriating land in Vietnam. From there, the author proposes solutions to improve the legal system on land when amending and drating the new land law, further enhancing the legitimate rights and balancing the interests of the state, and people in Vietnam for the next time.

The Land Problem in KHUC HAO'S Reform in the 10th Century

The reform initiated by Khuc Hao was the first reform in the history of Vietnam carried out in the context that the country had just gained autonomy from the Duong Dynasty (China). With the positive contents of the reform program, it has made many important contributions to the solid construction of the nation's autonomous government after a period of arduous struggle. Accordingly, the land issue has had certain adjustments compared to the Chinese domination period, which has had a strong impact on the economic and social changes of the country. The paper focuses on studying the basic issues of land ownership in Khuc Hao's reform program, through which it outlines the basic characteristics of Vietnam's land ownership in the early days of gaining autonomy. The research results will contribute to adding useful references on land issues in the history of the Vietnamese nation in the early 10th century.

THE “ENTIRE PEOPLE OWNERSHIP” REGIME ON LAND AND THE NATURE OF LAND USE RIGHTS IN VIETNAM

Since the Constitution 1980, all land in Vietnam has been regulated to be owned by the entire people (Article 19). This issue continues to be affirmed in the Constitution 1992 (Article 17). The current Constitution 2013 continues to declares: “Land, water resources, mineral resources, resources in the sea and airspace, other natural resources and properties invested and managed by the State are public property owned by the entire people and managed by the State representing owners and unified management” (Article 53). Under this regulation, the current Land Law 2013 states that the State is powered to perform ownership rights as representative of the whole people. Therefore, No one other than the state can become the owner of the land. Individuals and organizations only have “land use rights” in accordance with the law. However, they may have the right to transfer this right (and also include the land) to others. This policy has caused certain complications in accessing land and exercising land rights, especially for foreign entities in Vietnam. So, this paper will discuss what is called the land use rights under the specialized ownership regime on land in Vietnam to clarify relevant legal aspects.

Proposing a set of indicators to evaluate the environmental efficiency of coastal land use towards sustainable development

The management of coastal land in Vietnam in recent years still has many shortcomings and limitations, such as the planning and management of construction investment according to planning has not meet development needs; there is a lack of public space for the community due to overwhelming approved coastal projects; soil environmental pollution is increasingly serious due to the lack of an effective mechanism for using and conserving the soil environment. Currently, Vietnam is applying many sets of indicators related to environmental performance assessment at national and sector levels, including several indicators related to soil environmental assessment. However, there is still no specific set of indicators on environmental performance assessment from sustainable coastal land use. Therefore, to improve the efficiency of coastal land use and well implement environmental objectives, it is necessary to develop a set of indicators on environmental efficiency assessment of coastal land use in the direction of sustainable development.

Mechanization Status, Promotional Activities and Government Strategies of Thailand and Vietnam in Comparison to Bangladesh

Reasonable use of agricultural machinery has an extraordinary potential for poverty alleviation by increasing land and labor productivity in Thailand, Vietnam, and even in Bangladesh. This study was conducted under a program entitled “Agriculture Mechanization, Agro-Processing, Value addition and Export Market Development in Thailand and Vietnam from 1–14 November, 20I9” from the Ministry of Agriculture, Bangladesh. In all three distinct nations, farming activities represent a significant area of activity and remains the biggest wellspring of agricultural business. About 10.5% of Thailand’s, 21.5% of Vietnam’s, and 14.23% of Bangladesh’s GDP come from agriculture. For sustainable development, it is essential to modernize agriculture through the mechanization of its operations, which is therefore inevitable in the studied countries. Thailand’s government started mechanization in 1891 with the import of steam-powered tractor and rotary hoes. Since then the country has witnessed several milestones in the course of mechanization development. The focal plain agro-ecological zone of the state is the maximum and almost fully modernized area. As of now, there are two methods of practicing farming apparatus use: as a proprietor and/or through custom renting provision which coincides with Vietnam and Bangladesh. Historically, mechanization patterns in Vietnam can been described by tillage machinery with associated implement equipment use preceding 1975. This was non-linear, followed by a decreasing trend during the 80s prior to recovery during the 90s, with significant disparities in implementation status across the areas. In 2018, the number of tillage implements and harvesters was boosted about 1.6 and 25.6 times, respectively compared with 2006. The percentage of machinery use in soil tillage operation is 80% of the whole territory of cultivable land in Vietnam, compared to about 90% in Bangladesh and 100% in Thailand. Mechanization in Bangladesh started before independence with the importation of 2-wheel tractors and irrigation pumps in the last part of the 1960s as part of ‘Green Revolution’ activities. To continue this momentum, the Bangladesh Government permitted the continuation of agricultural machinery importation after later autonomy. Machinery use in different agricultural activities has increased in recent years in the areas of irrigation, land preparation, intercultural operation, and threshing. Though its degree of advancement is by and large still quite low contrasted with other South Asian nations, it is noticeable that the most recent two decades, the pace of mechanization has increased rapidly with the increase of mechanical power use in farm activities. The use of farm machinery in rice cultivation has been the most amazing when contrasted with different crops in these three nations. A clear comparison has been given in the paper, which aims to help researchers and policymakers take necessary measures.

베트남 토지제도의 특징과 시사점

This paper introduces Vietnam’s land-related law and systems. The main concepts required for land use and development projects in accordance with the industrialization and urbanization of Vietnam were examined. First of all, land in Vietnam is an important special resource for national development and is managed in accordance with the law. Land law was enacted accordingly. Land law is an important opportunity to confirm the change of Vietnam’s economic system. Second, for special handling of land, ownership and use rights of land are separated. Land use rights play a key role in the use and development of land. It is necessary to understand the method, content, period and transfer method of land use rights. Third, the State decides on the basis of its ownership the establishment of land-use plans, the registration of land use rights, the collection of land royalties, the land price or the expiration date. In order to promote land development projects in Vietnam, land recovery, compensation and use are required. And sufficient legal review for land law is required for a successful development project.

COPING WITH THE LAND GAME: A NETWORK ANALYSIS OF COMMUNITY RESILIENCE IN HUE’S PERI-URBAN AREAS, VIETNAM

Abstract: In Vietnam, urban expansion and its effects have appeared as a contentious issue among journalists, civil society organizations, academics, and NGOs in recent years. Along with the rapid urbanization, farmers in peri-urban areas are increasingly confronted with a loss of land as well as a change in livelihood strategies as the consequence of government policies. Using data from household surveys in the peri-urban village of Hue – Dạ Lê Chánh, the author attempts to answer the question “How do mobility practices reflect community resilience in the face of developmental processes of change?” The result indicates that as a peri-urban area, the proximity to Hue City, offers many employment opportunities. However, a focus on mobility shows that social and family networks are utilised for extended movement throughout the country and beyond. Mobility is shown to be a vital feature in the formation and maintenance of livelihood trajectories, allowing community access to human, information, financial and trade networks. In the face of these different demands on land in Vietnam, what is the future for a locality such as Dạ Lê Chánh? Caught in a web of future trade-offs, we find it foolhardy to speak of sustainable development when the appropriate line of development is unclear. However, within the push and pull of the land game, the voices of local residents to formulate their own futures will be lost. Therefore, government policy must find a way to acknowledge such voices whilst taking the best sustainable steps forward.Keywords: livelihoods, mobility, peri-urban areas, Hue, Vietnam

Analysis of the mechanisms and instruments regulating the use of agricultural land in Vietnam and other countries

Article is devoted to consideration and the analysis of mechanisms and instruments of regulation of land use and features of their application in Vietnam and other countries for the benefit of increase in efficiency of agriculture in the long term. Authors considered features of use farmlands, the main mechanisms of public administration by land resources in Vietnam. The attention to shortcomings of the sphere of management and use of farmlands in modern Vietnam is paid and recommendations in the designated area are made. Now, Vietnam is faced by a problem of formation of the mechanism allowing to realize appropriate use of farmlands. When developing the corresponding land policy it is expedient to legislators to consider the available foreign experiment on regulation of use of the agricultural land. Authors presented results of studying of foreign experience of the organization and management of agricultural land use for the purpose of identification of the existing effective mechanisms of legal regulation. In article it is shown that experience of land use in foreign countries is very various and has the specifics. It is necessary to use levers of the organizational and economic mechanism to increase in management efficiency and use of farmlands (for example, a combination of the state and market mechanisms of management of lands; protection of the highly productive agricultural land of zones; development of the large agricultural enterprises; compensation for damage from withdrawal and pollution of the earth; economic incentives for improvement of quality of the earth). Authors emphasize importance of awakening of interest of the organizations and companies in development of the environmental-focused innovative processes in agriculture for increase in its environmental efficiency. In article need of development and improvement of the main and special measures of state regulation of use of farmlands is noted.

Da Nang Green Space System Planning: An Ecology Landscape Approach

Under the pressure of rapid urbanization, the development of urban land in Vietnam has invaded green lands and had a negative impact on their ecosystems and environments. The new urban development not only does not improve the demand for green urban space but makes the living environment worse. Studying the design seriously and putting forward solutions for green urban space is essential and urgent. Taking Da Nang as a case study, planning a network of multicenter urban green space would change ecological principles to create a sustainable urban ecosystem. This is based on a landscape metrics method to reveal the green space system characteristics and its spatial distribution, area, density, and shape. A set of shapes index including categories such as SHAPE, mean distance (m) between each cell (GYRATE) and mean Euclidean distance neighbour (ENN) was used to display the geometrical shape of patches and continuity. These indices stress the difference in spatial structure in various land-use types. This article draws upon ecological landscape theory to propose a green system of urban regions including green space wedges, greenways, corridors, greenbelts and green additions; these factors help to create a sustainable urban green space.

Critical reflections on land appropriation and alternative urbanization trajectories in periurban Vietnam

Vietnam's land regime is currently undergoing a radical reshaping under policies of “urbanization and modernization.” Around large urban centres what could be called a “Third Land Reform” fosters massive land-takings for urban-industrial expansion. The forced appropriation of farmlands unsettles endogenous patterns of mixed-use development or “rural-urbanization” which have developed in these zones since the đổi mới, and which are characterized by the combination of small-scale cottage industries with mixed employment, and commuting into the cities for jobs and trade. The Third Land Reform is driven by an official discourse of “modernization” that deems the endogenous rural-urbanization as backward (not modern). This discourse drives and defends an aggressive programme of expropriation, to the benefit of corporate capital, to build “real” urban spaces. Foreign, planning scholars should not merely describe these processes, but point out the ideological justifications driving them, and the ways in which the things it rejects as non-viable may, in fact, have virtues that have been missed by the official view.

Protests over Land in Vietnam

From 2008 through 2011, the Vietnamese government received nearly 1.6 million complaints from citizens, mostly about land confiscations and related issues. Frequently people angry over land issues have resorted to public demonstrations. This article compares protests in Vietnam to rightful resistance theory. A predominant pattern for how Vietnamese villagers protest corresponds to that theory. Some Vietnamese demonstrations, however, do not fit that pattern; they are outliers. In terms of why people publicly demonstrate, Vietnamese protests in both the predominant pattern and the outliers are similar to each other but exceed rightful resistance theory by challenge existing laws and asserting rights not officially recognized.

Classifying and mapping the urban transition in Vietnam

The urban transition almost always involves wrenching social adjustment as small agricultural communities are forced to adjust rapidly to industrial ways of life. Large-scale in-migration of young people, usually from poor regions, creates enormous demand and expectations for community and social services. One immediate problem planners face in approaching this challenge is how to define, differentiate, and map what is rural, urban, and transitional (i.e., peri-urban). This project established an urban classification for Vietnam by using national census and remote sensing data to identify and map the smallest administrative units for which data are collected as rural, peri-urban, urban, or urban core. We used both natural and human factors in the quantitative model: income from agriculture, land under agriculture and forests, houses with modern sanitation, and the Normalized Difference Vegetation Index. Model results suggest that in 2006, 71% of Vietnam's 10,891 communes were rural, 18% peri-urban, 3% urban, and 4% urban core. Of the communes our model classified as peri-urban, 61% were classified by the Vietnamese government as rural. More than 7% of Vietnam's land area can be classified as peri-urban and approximately 13% of its population (more than 11 million people) lives in peri-urban areas. We identified and mapped three types of peri-urban places: communes in the periphery of large towns and cities; communes along highways; and communes associated with provincial administration or home to industrial, energy, or natural resources projects (e.g., mining). We validated this classification based on ground observations, analyses of multi-temporal night-time lights data, and an examination of road networks. The model provides a method for rapidly assessing the rural–urban nature of places to assist planners in identifying rural areas undergoing rapid change with accompanying needs for investments in building, sanitation, road infrastructure, and government institutions.

Identification of colonial economic heritage in the southern part of Vietnam

As the first mass of land in Vietnam becoming a French colony, Nam Ky – the Southern part of Vietnam (currently renamed Nam Bo – the South of Vietnam) was affected, earliest and hardest, by the consequences of colonialism. Brutal governance mechanism; plundering ruses to fully exploit profit; policies of enslavement, for obscurantism, and cultural intoxication; etc. are all sinful acts and evil nature of colonialism which the Vietnamese people as well as the entire advanced humankind have fought against and eradicated. However, it would be full of prejudices, non-objective and one-sided to totally deny important impacts for the evolutional process of the nation’s history in a number of economic sectors that the colonial exploitation has brought, if temporarily excluding its driving force and purpose. Therefore, study of the process, characteristics and consequences of the policy to exploit colonies in the Southern part of Vietnam is to contribute to sound recognition of historical heritages during colonial times, also to better understand our socio-economic starting point 100 years, more or less, ago; so as to reach proper selection and inheritance in the mission of fostering industrialization and modernization for and towards today’s sustainable development strategy.

Administrative Reforms of Rural Land in Transition Economies: An Example in China and Vietnam

The administrative issue of rural land has been filled with little concern by the State and scientists but have had a great impact on rural community’s life in organization of agricultural production, space for living and the guarantee of rights of land assets of farmers. Moreover, it also has a direct effect on the State’s managerial efficiency in rural areas. Vietnam and China have some common points in politics, particularly in policies of farm land and the process of reforms in rural land as well. This article is about China’s experience and Vietnam’s reality in the economic transition period. Such matters of administrative reforms in rural land in Vietnam and China can be referential lessons for nations with the same circumstances.