Open AccessLAND RECOVERY AND THE ISSUE OF PROPERTY RIGHTS ASSURANCE UNDER THE MARKET ECONOMY CONDITIONS IN VIETNAM
Author(s) -
L. C. T.
Publication year - 2021
Publication title -
american international journal of social science research
Language(s) - English
Resource type - Journals
eISSN - 2576-1048
pISSN - 2576-103X
DOI - 10.46281/aijssr.v8i1.1314
Subject(s) - land law , order (exchange) , state (computer science) , nonpossessory interest in land , business , land tenure , land information system , land administration , land use , law , process (computing) , land management , property rights , law and economics , natural resource economics , economics , political science , finance , geography , agriculture , civil engineering , computer science , engineering , archaeology , algorithm , operating system
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.